Wills and Succession FINAL NOTE

BAR REVIEW LECTURE
WILLS AND SUCCESSION
ATTY. RONEY JONE P. GANDEZA

SUCCESSION
mode of acquisition of ownership

property, rights, obligations transmitted
through death
by will or by operation of law
2
QUESTION:
Which of the following is not a mode of

acquisition of ownership?
a. prescription
b. donation
c. accession
d. law
3
WHAT ARE THE MODES OF
ACQUISITION OF OWNERSHIP?
DONATION
PRESCRIPTION
INTELLECTUAL CREATION
SUCCESSION
TRADITION
OCCUPATION
LAW (Art. 712, CC)
4
QUESTION:
What is meant by law as a mode of

acquiring ownership?
Cite at least three examples.
5
ANSWER:
When the Civil code speaks of law as a
distinct mode of acquiring ownership, it
refers to those instances where the law,
independently of the other modes of
acquiring ownership, AUTOMATICALLY
and DIRECTLY vests the ownership of the
thing in a certain individual once the
prescribed conditions are present or
complied with.
6
EXAMPLES:
Hidden treasure which a stranger discovers
by chance on anothers property. Here, one-
half of the treasure belongs to the stranger,
while the other half belongs by operation of
law to the owner of the land. (Art. 438, CC)
Abandoned beds, when a river or stream
suddenly changes its course to traverse
private lands. The former owners of the new
bed shall be the owners of the abandoned
bed in proportion to the area lost by each.
(Art. 58, PD 1067) 7
Fruits naturally falling from a tree upon
adjacent land. Here, the ownership of the
fruits is vested automatically in the owner
of the adjacent land. (Art. 681, CC)
Acquisition of property in a state of co-
ownership if marriage is governed by the
absolute community regime.
8
WHY IS THERE A NEED TO DISTINGUISH
BETWEEN DONATION INTER
VIVOS AND DONATION MORTIS CAUSA?
The distinctions are important to determine -
Effectivity of donation
Transfer of ownership
Revocability of donation
Predecease of donee
Formalities required by law
9
EFFECTIVITY OF DONATION
Donation inter vivos takes effect during

the lifetime of the donor.
Donation mortis causa takes effect upon

the death of the donor.
10
TRANSFER OF OWNERSHIP
In inter vivos, ownership is transferred to

the donee before the death of the donor.
In mortis causa, ownership is transferred

only upon the death of donor.
11
DEATH OF DONEE
Inter vivos is valid even if donor survives the

donee.
Mortis causa is void if donor survives the

donee.
12
REVOCABILITY OF DONATION
Inter vivos is essentially irrevocable.
Mortis causa is always revocable during the

lifetime of the donor.
13
FORMALITIES
Inter vivos must comply with the formalities

for donations under Arts. 748 and 749, Civil
Code.
Mortis causa must comply with the

formalities for notarial and holographic
wills.
14
PROBLEM:
X donated in a public instrument a parcel
of land to Y, who accepted it in the same
document. It is there declared that the
donation shall take effect immediately,
with the donee having the right to take
possession of the land and receive its
fruits but not to dispose of the land while
X is alive, as well as for ten years
following his death.
Moreover, X also reserved in the same deed
his right to sell the property should he
decide to dispose of it at any time a right
which he did not exercise at all.
After his death, Xs heirs brought an action

to recover the property, alleging that the
donation was void because it did not comply
with the formalities of a will.
Will the suit prosper?
16
ANSWER:
Yes, the suit will prosper because the
donation did not comply with the
formalities of a will. In this instance, the fact
that the donor did not intend to transfer
ownership or possession of the donated
property to the donee until the donors
death, would result in a donation mortis
causa and in this kind of disposition, the
formalities of a will should be complied
with, otherwise, the donation is void.
17
The donation mortis causa in this case
which is embodied only in a public
instrument without the formalities of a
will could not have transferred ownership
of the disputed property to Y.
18
TRANSMISSION OF PROPERTY
RIGHTS AND OBLIGATIONS
All obligations are transmissible, except

purely personal obligations.
Heirs liability to pay is co-extensive with

the value of his inheritance.
19
PROBLEM:
D was the defendant in a civil case. During
the pendency of the case, he died, and his
children were substituted as defendants.
If judgment is rendered against the

defendants, can the children be held
personally liable with their own individual
properties?
20
ANSWER:
Despite the substitution, the children are

not liable.
The remedy of the plaintiff, the creditor, is

to proceed against the estate of the
deceased debtor.
21
PROBLEM:
A father sold a parcel of land to a buyer, but
had not yet delivered the parcel by the time
he died. Are the heirs required to make the
delivery?
ANSWER:
Yes, because the heirs also inherit the
obligations of the deceased which are not
extinguished by death.
22
DEATH OF THE DECEDENT
The rights to the succession are

transmitted from the moment of death
of the decedent. (Art. 777, CC)
23
PRIOR TO A PERSONS DEATH
The heirs merely have an inchoate right

to his property.
AFTER DEATH OF A PERSON
The heirs own the property, subject to the

decedents liabilities.
They may dispose of the property, even if
the property is still under administration.
PROBLEM:
T died with a will survived by his legitimate
children: A, B and C.
Upon Ts death, A, the eldest son, sold his

entire share to his friend, F.
Is the sale valid?
ANSWER:
The sale is valid because the rights of A to
the inheritance became vested upon Ts
death.
QUESTION:
Is actual death the only trigger that opens
the estate of a person to succession?
ANSWER:
Yes, subject to two exceptions:
a) presumed death of a person.
b) judicial dissolution of marriage.

26
PRESUMED DEATH
ORDINARY ABSENCE
If the absentee disappears under normal
conditions, there being no danger of death,
he is presumed dead for the opening of his
succession at the end of TEN YEARS.
If he disappeared at age 75, he is presumed

dead at the end of FIVE YEARS.
EXTRAORDINARY ABSENCE
This is absence coupled with great

probability of death.
An absence of FOUR YEARS is sufficient for

a person to be presumed dead.
PRESUMPTION OF DEATH DUE
TO EXTRAORDINARY ABSENCE
A person on board a missing vessel or a
missing airplane, who has not been heard of
for FOUR YEARS since the loss of the vessel
or airplane.
A person in the Armed Forces who has taken
part in war, and has been missing for FOUR
YEARS.
A person who has been in danger of death
under other circumstances and his existence
has not been known for FOUR YEARS.
QUESTION:
If a person disappears with great probability
of death, when should he be presumed
dead?
ANSWER:
The person is presumed to have died at the
time of the disappearance (or at the time of
the calamity, not at the end of four years.
The presumption of death will arise that

death had occurred four years before.
30
NOTE:
While succession really took place four
years before or on the day of the
disappearance, actual division will only be
at the end of four years.
From the beginning of the four years, the

heir shall be considered the owner and
possessor of the property, and not only from
the end thereof.
31
PROBLEM:
W, wife of H, filed a petition seeking a

judicial declaration of presumptive death of
her missing husband, H, who has been
missing and unheard of since 2005.
Will the petition prosper?
32
ANSWER:
No, because the presumption is already
established by law.
A judicial declaration of presumptive

death is required only for purposes of
remarriage under Article 41 of the Family
Code.
33
QUESTION:
Suppose H was 76 years old when he
disappeared in 2005, when shall he be
presumed dead for the opening of his
succession?
a. 2009
b. 2010
c. 2012
d. 2015
34
QUESTION:
What is freak succession?
FREAK SUCCESSION
This is succession without the triggering
effect of actual death.
Article 50 of the Family Code gives two

instances which require the payment or
delivery of presumptive legitimes before the
actual death of the person who is obliged to
pay it.
TRANSMISSION BY WILL
OR BY OPERATION OF LAW
If a person dies with a will, his estate is to be

distributed in accordance with the rules on
testamentary succession.
If he dies without a will, or with a void will,

his estate is to be distributed in accordance
with the rules on intestate succession.
36
DIFFERENT KINDS
OF SUCCESSION
Testamentary
Intestate
Mixed
37
TESTAMENTARY
This is succession which results from the
designation of an heir, made in a will, and
executed in the form prescribed by law.
LEGAL OR INTESTATE
This is succession which is effected by
operation of law in default of a will.
MIXED
This is succession effected partly by will and
partly by operation of law. 38
DIFFERENT KINDS OF HEIRS
COMPULSORY HEIRS
- primary compulsory heirs
- secondary compulsory heirs
VOLUNTARY HEIRS
INTESTATE HEIRS
39
DISTINCTIONS BETWEEN HEIRS
LEGATEES AND DEVISEES
DEVISEES/LEGATEES are always called to

succeed to individual items of property.
HEIRS are called to succeed to an

indeterminate, fractional or aliquot portion
of the decedents estate.
40
DEVISEES/LEGATEES succeed by particular
title.
HEIRS succeed by universal title.
DEVISEES/LEGATEES are always called to

succeed by will.
HEIRS are called to succeed either by will

or by operation of law.
41
QUESTION:
What is the importance of the distinction

between heirs on the one hand and
legatees/devisees on the other?
42
ANSWER:
GENERAL RULE
There is no difference in their capacity,
effect and solemnities.
EXCEPTION
Distinction is important in cases of:
PRETERITION
IMPERFECT DISINHERITANCE.
43
WHAT IS PRETERITION?
The omission in the testators will of one,

some or all of the compulsory heirs in
the direct line whether living at the time
of the execution of the will or born after
the death of the testator.
REQUISITES OF PRETERITION
FIRST: There is a total omission in the
inheritance.
SECOND: The omission must be of a

compulsory heir.
THIRD: The compulsory heir omitted

must be in the direct line.
45
TOTAL OMISSION
IN THE INHERITANCE
THERE IS PRETERITION even if a compulsory

heir is named in the will, but he is not given
any share, the heir not having been
expressly disinherited.
REASON: Preterition involves an omission in

the inheritance, not in the will.
46
NO PRETERITION if a compulsory heir is
given a share in the inheritance no matter
how small.
REASON: The heir is entitled only to the

completion of his legitime. (Art. 906, CC)
47
NO PRETERITION even if a compulsory heir
is not given anything in the will, but he had
already received a donation from the
testator.
REASON: A donation to a compulsory heir is

considered as an advance of the legitime.
(Art. 1073 CC)
48
NO PRETERITION if a compulsory heir is
given a legacy, even if less than his
legitime.
REASON: Remedy of the aggrieved heir is

to demand completion of his legitime.
49
NO PRETERITION if part of the estate has
been given to a compulsory heir, whether
indicated in the will or not.
50
OMITTED HEIR MUST BE A COMPULSORY
HEIR
THERE IS NO PRETERITION of voluntary

heirs or instituted heirs.
NEITHER IS THERE PRETERITION of

intestate heirs, unless they are
compulsory heirs.
51
COMPULSORY HEIR OMITTED
MUST BE IN THE DIRECT LINE
THERE IS NO PRETERITION of a
surviving spouse.
Although a compulsory heir, the spouse is

not an heir in the direct line.
52
EFFECTS PRETERITION
FIRST EFFECT
The institution of heirs is automatically

annulled without need of court action.
INTESTACY RESULTS.
53
PROBLEM:
T has three legitimate children, A, B and C.

T made a will instituting his children, A
and B, and a friend, F, as his sole heirs. C
was omitted in the inheritance.
Estate is 90,000. How should the

distribution be made?
54
90,000
A B C F
Instituted Instituted Preterited Instituted
ANSWER:
The preterition of C annuls the institution of

A, B and F as Ts heirs. Intestacy results.
A, B and C will each get 30,000.
The friend, F, gets nothing.

56
PROBLEM:
T executed a will containing only one
provision whereby he instituted his sister,
S, as his only heir.
Surviving T when he died were his parents,

F and M, and his sister, S.
How shall Ts estate of 50,000 be

distributed upon his death?
57
M
T S
50,000 Instituted
58
ANSWER:
The omission of F and M constitutes

preterition which will result in the
annulment of the institution of S.
Consequently, the entire will is void;

estate is to be distributed as in intestacy.
59
IMPORTANT:
In preterition, the preterited heir gets his

share not only of the legitime, but also of
the free portion.
This rule differs from a case of imperfect

disinheritance where the disinherited heirs
gets only his legitime.
60
SECOND EFFECT
Although the institution of heirs is annulled,

the legacies and devises shall remain valid
insofar as they are not inofficious.
In other words, they are not voided, but

they are merely reducible if the legitime has
been impaired.
61
PROBLEM:
In Ts will, he gave F, a friend, a legacy of

10,000; instituted his son, A, as heir; and
deliberately omitted his other son, B.
If the estate is 100,000, how should the

estate be distributed on Ts death?
62
T 100,000
A B F
Instituted Preterited Legatee
10,000
63
ANSWER:
The preterition of B renders the institution
of heirs void.
The legacy is effective for the legitime has
not been impaired.
Therefore, the remaining 90,000 will be
divided intestate as follows:
A = 45,000
B = 45,000
F = 10,000
64
PROBLEM:
In the previous problem, if the legacy to F
had been 60,000 and the other facts are the
same, how would the estate be distributed?
ANSWER:
Since the estate is 100,000, the free portion
is only 50,000.
The legacy of 60,000 should be reduced by
10,000. A = 25,000
B = 25,000
F = 50,000 65
PROBLEM:
In Ts will, he gave his friend, X, a legacy of

60,000; instituted A and another friend, Y,
as heirs; and deliberately omitted B.
If the estate is 100,000, how should the

estate be distributed on Ts death?
66
T 100,000
A B X Y
Instituted Preterited Legatee Instituted
60,000
67
ANSWER:
The preterition of B renders void the

institution of A and Y.
The legacy to X, though valid, is reducible

because it impairs the legitime of A and B.
A = 25,000
B = 25,000
X = 50,000
Y=0
68
OBSERVATIONS:
The legatee (X) is entitled to receive his

legacy.
But the instituted heir (Y) is not entitled to

receive anything from the estate.
69
WHAT IS INEFFECTIVE DISINHERITANCE?
1.. Without specification of the cause

(no cause stated)
2. Cause denied by the heir and not proved

by the instituted heir
(false cause)
3. Cause not given by law

(illegal cause)
70
QUESTION: What are the legal effects of
ineffective, imperfect or invalid disinheritance?
ANSWER:
FIRST EFFECT: The institution of heirs is
annulled insofar as it may prejudice the
person disinherited, or insofar as the
legitime of said heir is impaired.
SECOND EFFECT: The devises, legacies and
other testamentary dispositions shall be
valid to such extent as it will not impair the
legitime. 71
PROBLEM:
Testator T has three legitimate children: A,
B, and C.
In his will, T disinherited A and instituted B

and C as his heirs. The disinheritance of A
was invalid because it was for a cause not
provided by the law.
If the hereditary estate is 90,000, how shall

the distribution be made?
72
T 90,000
A B C
Ineffectively Instituted Instituted
Disinherited
73
ANSWER:
The institution of B and C remains valid,

but their shares are to be reduced to give
A his legitime.
Had there been preterition here, each

would receive 30,000 each. Therefore:
A - 15,000
B - 37,500
C - 37,500
74
PROBLEM:
Estate is 100,000. T gave a legacy of 70,000

to a friend, X. Y, a legitimate child, was
ineffectively disinherited.
How much should X and Y get?
75
T
Y X
76
ANSWER:
X (legatee) gets only 50,000. The legacy to

him is reducible by 20,000 so as not to
impair Ys legitime.
Y (disinherited heir) gets his legitime of

50,000.
77
QUESTION:
In his will, testator T (a) disinherits his
daughter, A, because she married a good
for nothing gigolo despite my repeated
warnings that she shouldnt marry him (b)
omits his wife, W, (c) leaves a legacy of
10,000 to his mistress, M, and 5,000 to his
driver, E, and (e) institutes his son, B, as his
sole heir. Distribute Ts estate of 100,000.
78
T W
A B M E
79
ANSWER:
The disinheritance of A was ineffective

because the ground relied upon by T does
not constitute a valid ground for
disinheritance under Article 919 of the Civil
Code. Hence, the testamentary provisions in
the will shall be annulled but only to the
extent that As legitime was impaired.
80
The total omission of W does not constitute
preterition because she is not a compulsory
heir in the direct line. Only compulsory heirs
in the direct line may be the subject of
preterition. Not having been preterited, she
is entitled to her legitime.
The legacy in favor of M is void under Article

1028 of the Civil Code for being in
consideration of her adulterous relations
with T. She is, therefore, disqualified to
receive the legacy of 10,000. 81
The legacy of 5,000 in favor of E is not
inofficious because it does not exceed the free
portion. Hence, E shall be entitled to receive it.
The institution of B, which applies only to the
free portion, shall be respected.
In sum the estate of T will be distributed as
follows: A 25,000
B 45,000
W 25,000
E 5,000
M 0
T W
A B M E
83
QUESTION:
If all other facts in the previous problem are
the same, except that the disinheritance of
A was for a valid cause, how shall Ts estate
be distributed?
ANSWER: A 0
B 50,000 (legitime)
20,000 (by institution)
W 25,000 (legitime)
D 5,000 (legacy)
M 0 84
EFFECTS OF A VALID DISINHERITANCE
Heir is deprived of his legitime.
Children of the disinherited child can

represent the latter, but the right of
representation extends only to the
legitime. (Art. 923, CC)
There is no right to represent a

disinherited spouse or disinherited
parent. 85
FORMALITIES
OF A WILL
86
WHAT IS A WILL?
An act whereby a person is:
PERMITTED, with the formalities

prescribed by law, TO CONTROL to a
certain degree the disposition of his
estate.
To take effect after his death (Art. 783, CC)

QUESTION:
What are the ambiguities in a will?
ANSWER:
1. Intrinsic (Latent) ambiguity.
2. Extrinsic (Patent) ambiguity.
88
INTRINSIC AMBIGUITY
INTRINSIC AMBIGUITY is ambiguity which

does not appear on the face of the will. It is
is discovered only by extrinsic evidence.
EXAMPLE: I institute as heir my friend,

Rod. Testator has two friends named
Rod.
CASES OF INTRINSIC AMBIGUITY
when there is an imperfect description of

the heir, legatee or devisee.
when there is an imperfect description of

the gift being given (a house)
when only one recipient is designated, but

it turns out that there are two or more
who fit the description. (Art. 789, CC)
EXTRINSIC AMBIGUITY
appears on the face of the will.
by examining the provision itself, it is

evident that it is not clear.
EXAMPLE: I institute some of my

brothers and some of my sisters as
my heirs.
HOW MAY AN AMBIGUITY
IN A WILL BE CURED?
No difference in curing intrinsic or extrinsic

ambiguities.
FIRST, examine the will itself.
SECOND, admit extrinsic evidence.
Testators oral declarations are excluded.

92
PROBLEM:
T instituted a brother-in-law as one of his
heirs. When T died, it was discovered that
he has three brothers-in-law: A, B and C.
In making the will, T orally stated that he
was referring to brother-in-law, A, but
among Ts files was found a memorandum
that he wanted brother-in-law, B, to be his
heir.
C, the third brother-in-law, states that he
was the one referred to.
What kind of ambiguity is this? 93
ANSWER:
This is intrinsic ambiguity; the doubt arises

because of circumstances outside the will.
94
QUESTION:
Is Ts oral declaration extrinsic evidence?
ANSWER:
Yes, but it is inadmissible to cure the
defect.
95
QUESTION:
Who among the brothers-in-law should
inherit from T?
ANSWER:
B should inherit in view of the written
memorandum which is admissible
extrinsic evidence.
NOTE: In the law on evidence, evidence is
admissible if it is relevant and competent.
AFTER-ACQUIRED PROPERTIES
GENERAL RULE: Property acquired between

the execution of the will and the death of
the testator are not included among the
properties disposed of.
EXCEPTION: Unless it appears in the will

that such was the intention of the testator.
(Art. 793, CC)
97
PROBLEM:
T made a will in 1998 giving to his friend, F,

all his cars. In 1998, T had three cars, but in
2005, when T died, he had at the time of his
death eight cars.
How many cars will F get?
98
ANSWER:
Three only.
The rule under Article 793 of the Civil Code

is applicable only to legacies and devises.
As to institution of heirs, Article 781 of the

Civil Code applies.
VALIDITY OF WILLS IN POINT OF TIME
EXTRINSIC VALIDITY Determined by the law

in force at the time the will is made. (Art.
795, CC)
INTRINSIC VALIDITY Determined by the law

in force at the time of decedents death.
REQUISITES IN THE
EXECUTION OF A WILL
1. Testator be at least 18 years of age.

2. Testator be of sound mind.
101
CAN THERE BE A VALID ORAL WILL?
No. Every will must be in writing and

executed in a language or dialect known to
the testator. (Art. 804, CC)
KINDS OF WILLS
A will may either be notarial or holographic

depending upon the formalities or
solemnities which accompanied their
execution.
WHAT IS A NOTARIAL WILL?
A notarial will is one which is executed in

accordance with the formalities prescribed
by Arts. 804 to 808 of the Civil Code.
ESSENTIAL REQUIREMENTS
OF A NOTARIAL WILL
1. The will must be in writing.

2.The will must be executed in a language
or dialect known to the testator.
3. The will must be subscribed (signed) at
the end thereof by the testators name
written by another person in his
presence, and by his express direction.
4. The will must be attested and
subscribed by three or more credible
witnesses in the presence of the
testator and of one another.
5. The testator or the person requested by
him to write his name and the
instrumental witnesses of the will shall
also sign and every page thereof, except
the last, on the left margin.
6. All the pages of the will must be
numbered correlatively in letters placed
on the upper part of each page.
106
7. The will must contain an attestation
clause.
8. The will must be acknowledged before a

notary public by the testator and the
witnesses.
107
TESTATOR IS DEAF OR DEAF-MUTE
9. He must personally read the will, if able

to do so, otherwise, he shall designate
two persons to read it and communicate
to him, in some practicable manner the
contents thereof.
108
TESTATOR IS BLIND
9. The will shall be read to him twice; once

by one of the subscribing witnesses, and
again, by the notary public before whom
the will is acknowledged.
109
PROBLEM:
The probate of a notarial will is opposed

on the ground that it does not contain a
statement attesting that the language
used therein was known by the testator.
Should the opposition be given due

course?
110
ANSWER:
There is no law which requires that the

will must expressly state the language
used in the will and that such language
was known by the testator.
What the law requires is that the language

was known by the testator. (Suroza v.
Honrado, 110 SCRA 381)
111
QUESTION:
If a person is a beneficiary in a will, is he
competent to act as an instrumental
witness?
ANSWER:
Yes, but his institution as an heir, or the
legacy or devise given to him, shall be
rendered void, unless there are three other
competent witnesses. (Art. 823, CC)
In other words, he is disqualified from

inheriting from the testator. (Art. 1027, CC)
112
MEANING OF SIGNED IN THE
PRESENCE OF
SIGNED IN THE PRESENCE OF does not
mean that the testator and the
instrumental witnesses actually saw each
other sign.
TRUE TEST: Whether they might have seen
each other sign, had they chosen to do so,
considering their mental and physical
condition and position with respect to each
other at the moment of inscription of each
signature. (Nera v. Rimando, 18 Phil. 450)
113
WHAT IS MEANT BY
ATTESTATION OF A WILL?
It is the act of witnessing the execution of a
will by the testator in order to see and take
note mentally that the requirements of the
law for the execution of a will and that the
signature of the testator exists as a fact.
PURPOSE OF ATTESTATION
To render available proof that there has
been compliance with the statutory
requirements for the execution of a will. 114
SUBSCRIPTION
The manual act of the instrumental

witnesses in affixing their signatures in the
will.
Only purpose is identification.
115
DISTINCTIONS BETWEEN ATTESTATION
AND SUBSCRIPTION
ATTESTATION is an act of the senses.

SUBSCRIPTION is an act of the hand.
ATTESTATION is mental.
SUBSCRIPTION is mechanical.
ATTESTATION is to render available proof
that the will had been executed in
accordance with the law.
SUBSCRIPTION is for identification.
116
WHAT ARE THE ESSENTIAL FACTS TO BE
STATED IN THE ATTESTATION CLAUSE?
Number of pages upon which the will is
written.
That the testator signed the will and every
page thereof, or caused some other person
to write his name, under his express
direction, in the presence of the
instrumental witnesses.
That the instrumental witnesses witnessed
and signed the will and all the pages thereof
in the presence of the testator and of one
another. (Art. 805, CC) 117
FORMALITIES OF
HOLOGRAPHIC WILL
1. Written by the hand of the testator himself.
2. Dated by the hand of the testator himself.
3. signed by the hand of the testator

himself.
4. Executed in a language or dialect known to
the testator.
118
PROBLEM:
T died in 2005, leaving behind a
holographic will which is entirely written,
dated and signed in her own handwriting.
However, the will contains insertions and
cancellations which are not authenticated
by her signature. For this reason, the
probate of Ts will is opposed by her
relatives who stood to inherit intestate
from her.
May Ts will be probated?
119
ANSWER:
Yes, the will as ORIGINALLY WRITTEN
may be probated. The insertions and
alterations were void since they were not
authenticated by the full signature of T
pursuant to Article 814 of the Civil Code.
The original will remains valid because a

holographic will is not invalidated by the
unauthenticated insertions or alterations.
(Ajero v. Court of Appeals, 236 SCRA 468)
120
PROBLEM:
T executed a will in his own handwriting,
signed by him at the end of each page on the
left marginal space of every page, except the
last page. The document bore no date.
However, below Ts every signature, were the
signature of two witnesses, who later testified
that the will was executed in their presence on
January 1, 1995, and that T was in full
possession of his faculties at that time and
even explained to them the details of the will
he was writing down.
Is the will formally valid?
121
ANSWER:
The will is not valid either as a notarial
will or a holographic will. It is not valid
as a notarial will because this requires
three witnesses. Neither is it valid as a
holographic will because the will must
be entirely written, dated and signed by
the hand of the testator. The fact that
the witnesses testified as to the date of
execution of the will did not cure the
defect. Lacking the date, it cannot be
probated as a holographic will.
122
CONFLICTS RULES IN THE
EXECUTION OF WILLS
TESTATOR IS FILIPINO
WILL IS EXECUTED IN THE PHILS.

- Phil. Law
WILL IS EXECUTED ABROAD

- law of the place
- Phil. law (Arts. 815-816, CC)
123
TESTATOR IS AN ALIEN
WILL IS EXECUTED IN THE PHILS.
- Phil. law (Art. 17, CC)

- national law (Art. 817, CC)
WILL IS EXECUTED ABROAD

- lex loci (Art. 17, CC)
- national law (Art. 816, CC)
- law of domicile
- Phil. law
124
PROBLEM:
A, a Filipino, executed a will in Kuwait
while there as a contract worker.
Assume that under the laws of Kuwait,
it is enough that the testator affix his
signature in the presence of two
witnesses and that the will need not
be acknowledged before a notary
public.
May the will be probated in the
Philippines?
125
JOINT WILL
A single testamentary instrument

which contains the wills of two or
more persons jointly executed by
them, either for their reciprocal
benefit or for the benefit of a third
person.
126
IS A JOINT WILL VALID?
Whether in the Philippines or

abroad, Filipino citizens are
prohibited from executing joint
wills. This is a matter of public
policy. (Arts. 818, 819, CC)
REASON: It may lead to the

commission of parricide.
127
QUESTION:
Is a joint will executed by aliens

abroad, valid according to their
national law and the law of the place
of execution, valid in the Philippines?
128
ANSWER:
By clear implication under Art. 819 of

the Civil Code, the prohibition does not
apply to foreigners, only to Filipinos.
The first par. of Art. 17 of the Civil Code

applies insofar as alien testators are
concerned.
129
QUESTION:
Manuel, a Filipino, and his American

wife, Eleanor, executed a Joint Will in
Boston, Massachusetts when they were
residing in said city. The law of
Massachusetts allows the execution of
joint wills. Shortly thereafter, Eleanor
died. Can the will be probated in the
Philippines for the settlement of her
estate?
ANSWER:
Yes, the will can be probated in the
Philippines insofar as the estate of Eleanor is
concerned. While the Civil Code prohibits the
execution of joint wills here and broad, such
prohibition applies only to Filipinos. Hence,
the joint will which is valid where executed is
valid in the Philippines, but only with respect
to Eleanor. Under Article 819, it is void with
respect to Manuel whose joint will remains
void in the Philippines despite being valid
where executed.
SUBSTITUTION OF HEIRS
SUBSTITUTION OF HEIRS is the

appointment of another heir so that he
may enter into the inheritance in
default of the heir originally instituted.
(Art. 857, CC)
132
KINDS OF
SUBSTITUTION OF HEIRS
133
1. SIMPLE OR COMMON
Takes place when the testator designates
one or more persons to substitute the heir
or heirs instituted. (Art. 859, CC)
2. BRIEF
Two or more persons are designated by
the testator to substitute for one heir.
COMPENDIOUS
One person substitutes for two or more
heirs.
134
3. RECIPROCAL
Takes place when two or more persons

are not only instituted as heirs, but are
also reciprocally substituted.
135
4. FIDEICOMMISSARY
Takes place when the FIRST heir (fiduciary)
instituted is entrusted with the obligation to
preserve and to transmit to a SECOND heir the
whole or part of the inheritance.
Provided the substitution does not go

beyond one degree from the heir originally
instituted.
Provided further that the 1st heir and the 2nd
heirs are living at the time of the death of the
testator. (Art. 863, CC)
136
ESSENTIAL REQUISITES OF
FIDEICOMMISSARY SUBSTITUTION
There must be a first heir called primarily to
the enjoyment of the estate.
There must be a second heir.
An obligation clearly imposed upon the first heir
to preserve and transmit to the second heir the
whole or a part of the estate.
The first and second heirs must be only one

degree apart.
137
Both heirs must be alive (or at least
conceived) at the time of the
testators death (Art. 863, CC)
Must be made in an express manner

(Art. 867, CC)
Must not burden the legitime.
138
FIRST REQUISITE
FIRST HEIR
must be capacitated; must accept

the inheritance.
Not a mere trustee, for while he
also administers, he carries out
not anothers wishes, but his
own, insofar as the management
of the property property is
concerned.
139
He is almost like a usufructuary, with
the right to enjoy the property.
Like a usufructuary, he cannot

alienate the property itself.
Like a usufructuary, he is bound to

make an inventory to know what
properties he must preserve and
transmit. NO BOND is required.
140
SECOND REQUISITE
PRESERVE AND TRANSMIT
Obligation must be given clearly and

expressly.
If mere advice or suggestion, no
fideicommisary substitution.
EXAMPLE: T made X his heir so that X would

enjoy the property as long as X lived, but after
his death, the same should go to Y. No
fideicommisary substitution.
141
THIRD REQUISITE
SECOND HEIR
ownership is consolidated to him

upon its transmission.
the second heir inherits not from
the first heir but from the testator.
must be capacitated to succeed not
the first heir but the testator.
142
FOURTH REQUISITE
ONE DEGREE APART
The first and second heirs must be one

degree apart.
QUESTION:
What is one degree apart in

fideicommissary substitution?
143
ANSWER:
FIRST VIEW: One degree

apart means one transfer, one
transmission, one substitution,
the purpose being to prevent,
successive entailments regard-
less of relationship.
(View of JBL Reyes, Puno, Caguioa and Paredes Jr.)
144
SECOND VIEW: One degree
means one generation. This means
that the substitute may be the
parent or child of the first heir;
thus, no other person can be the
fideicommissary.
(View of Tolentino, Paras, Padilla)
145
FIFTH REQUISITE
BOTH HEIRS MUST BE ALIVE
FIRST HEIR PREDECEASES TESTATOR
Disposition shall be considered merely as a

simple substitution. In which case, the
second heir shall receive the property.
146
SECOND HEIR PREDECEASES TESTATOR
First heir shall receive the property free from

encumbrances.
BOTH HEIRS PREDECEASE TESTATOR
Intestacy results, and legal heirs of the

testator shall receive the property.
147
PROBLEM:
T devised one-half of a parcel of land to A,
and the other half to B, subject to the
condition that upon Bs death, whether
before or after that of T, the portion
devised to him (B) shall be delivered to A
or his heirs should he die before T.
Upon Ts death, B demanded partition of

the property. A refused on the ground that
B is only a fiduciary heir (second heir).
148
ANSWER:
A fideicommissary substitution has no effect
unless it is made expressly. The testamentary
clause under consideration is not a
fideicommissary substitution.
The will establishes only a simple or common

substitution, the necessary result of which is
that B, upon the death of T, became the owner
of an undivided half of the property. Being a
co-owner, B can demand partition of the
property.
149
PROBLEM:
T died in 1990 with a will. In his will, he

devised a house and lot to his friend, A, as
first heir and to B, As son, as second heir.
B died in 1995 survived by his two children
E and F. A himself died in 2000 survived by
his two children C and D.
150
In the settlement of As estate, E and F filed a
motion to exclude the house and lot
originating from T on the ground that they
are the exclusive owners of the property.
C and D opposed the motion on the ground
that B, the second heir, predeceased T, and
that therefore, the fideicommissary
substitution did not produce any effect as far
as B, the second heir, is concerned.
Should the opposition be sustained?
151
T died 1990.
A (1st heir)
+ 2000
(2nd heir)
+ 1995 B C D
E F
HOUSE AND LOT
152
ANSWER:
No. B, the second heir, acquires a right to the

succession from the time of the testators
death, even though he, B, should die before
the fiduciary, A.
B inherited from T as second heir when the
latter died in 1990. When B died in 1995, he
was able to transmit his right to his own
heirs, E and F.
When A (first heir) died in 2000, the right of E
and F over the property became absolute.
153
TESTAMENTARY
CONDITIONS AND DISPOSITIONS
154
QUESTION:
Under the law, the testator has no right
to impose any condition upon the
legitime, and that should he do so, the
same shall be considered as not
imposed.
Is this rule absolute?
155
ANSWER:
The rule is not absolute.
Testator can validly prohibit the

partition of the legitime for a period not
exceeding 20 years.
This is the only prohibition or condition

that can affect or burden the legitime.
(Arts. 494, 1083, CC)
156
PROBLEM:
A, a bachelor, named his brother, B, as
heir if their sister, C, dies after ten years
following As death. B died two years after
As death, while C died one year later. As
estate is claimed by D and E, Bs legitimate
children, and by F, G and H, Cs legitimate
children.
If As estate is valued at 150,000, how
shall the distribution be made?
157
If C dies after 10 years
following As death.
A B C
150,000
D E F G H
158
ANSWER:
In a conditional institution, such as what
is involved in the problem, the instituted
heir (B) must survive not only the testator
but also the fulfilment of the condition in
the will. (Art. 1034, CC) Since B did not survive
the condition, his institution is
inoperative. Intestacy results. As estate
must therefore be distributed to all
nephews and nieces in equal shares at
30,000 each.
159
IMPOSSIBLE AND
ILLEGAL CONDITIONS
EFFECT: Impossible or illegal conditions

are deemed not imposed. (Art. 873, CC)
NOTE: The rule is different in

conditional obligations: The condition
and the obligation are void. (Art. 1183, CC)
160
ABSOLUTE PROHIBITION TO CONTRACT
A FIRST MARRIAGE
Condition is void.
Considered as not imposed.
Contrary to public policy.

ABSOLUTE PROHIBITION TO
CONTRACT
Condition A RE-MARRIAGE
is void for being contrary to 162
public policy.
EXCEPTION: The condition is valid when
imposed:
on the widow by the deceased spouse.
on the widow by the ascendants or
descendants of the deceased spouse.
RELATIVE PROHIBITION
TO CONTRACT MARRIAGE
163
Condition is perfectly valid.
EXAMPLE:
Not to marry a particular person.

Not to marry for a particular time.
No to marry for a number of years.
PROBLEM:
H instituted his wife as sole heir (no

other compulsory heirs existed) on
condition that when she becomes a
widow, she must never remarry. Two
years after H died, the widow remarried.
Is she entitled to the inheritance?
164
ANSWER:
The condition is valid insofar as the free

portion is concerned, since the absolute
prohibition to remarry was imposed by
the deceased spouse.
The condition is void insofar as the
legitime is concerned for no condition
can be imposed on the legitime. (see Art.
874, CC)
165
PROBLEM:
T institutes his friend, F, as heir on

condition that he should not enter any
gambling casino here or abroad for
one whole year after Ts death.
Is F entitled to receive the inheritance

upon Ts death?
166
ANSWER:
Yes, but he must give a security to
guarantee he would not enter any
gambling casino for one whole year upon
Ts death.
The security is called caucion muciana.
If he enters any casino during the
prohibited period, he should return
whatever he may have received, together
with its fruits and interest. (Art. 879, CC)
167
WHAT IS MODAL INSTITUTION?
Modal institution occurs when any or all of

the following are stated:
The object of the institution.
The application of the property left by the

testator.
The charge imposed by the testator.
168
DISTINGUISH BETWEEN MODAL AND
CONDITIONAL INSTITUTION
MODAL INSTITUTION The inheritance is

immediately demandable, provided that security is
given. (Art. 882, CC)
INSTITUTION WITH A SUSPENSIVE

CONDITION Even if the heir wants to give security,
he will not be allowed to do so, and will not be
allowed to get the property in the meantime;
instead, the property will be placed under
administration. (Art. 880, CC)
169
When the condition, however, is
RESOLUTORY or is NEGATIVE, the
property can be taken upon the giving of
a security. (Art. 879, CC)
From this point of view, there is hardly

any difference between modal and
conditional institution.
170
PROBLEM:
condition that A marries B.
Modal or conditional?
ANSWER:
This is a suspensive condition; the
inheritance is not demandable until
fulfilment of the condition.
171
PROBLEM:
condition that A does not smoke for a
period of one year.
Conditional or modal?
ANSWER:
This is a negative condition; inheritance
is demandable right away, provided
security is given.
172
PROBLEM:
Ts will contains the following
testamentary provision: I institute A as
heir. He will use the money for the
establishment of a medical school.
Modal or conditional?
ANSWER:
This is a modal institution; inheritance is
demandable right away, provided
security is given. 173
INSTITUTION OF HEIRS
An act by virtue of which the testator

designates or names in his will the
person or persons who are to succeed
him in his property and transmissible
rights and obligations. (Art. 840, CC)
WHAT ARE THE LIMITATIONS ON THE
RIGHT OF A PERSON
TO INSTITUTE HEIRS?
One who has no compulsory heirs may dispose

by will all his estate or any part of it in favor of
any person having capacity to succeed.
One who has compulsory heirs may dispose of
his estate provided he does not contravene the
provisions of the law with regard to the
legitime of said heirs.
175
IMPORTANT PRINCIPLES
INSTITUTION OF HEIRS
PRINCIPLE OF EQUALITY
Heirs instituted without designation of

shares shall inherit in equal parts. (Art.
846, CC)
176
PRINCIPLE OF INDIVIDUALITY
GENERAL RULE:
When the testator institutes some heirs
individually and others collectively as when he
says, I designate as my heirs A and B, and the
children of C, those collectively designated shall
be considered as individually instituted.
EXCEPTION:
Unless it clearly appears that the intention of
the testator was otherwise.
(Art. 847, CC)
177
PRINCIPLE OF SIMULTANEITY
When the testator calls to the succession

a person and his children, they are all
deemed to have been instituted
simultaneously and not successively. (Art.
849, CC)
178
PROBLEM:
In Ts will, he instituted his legitimate

children, A and B, the children of his
deceased son, C, and a friend, M, as
heirs without designation of their
shares. Cs children are D, E and F.
Estate is 180,000. How shall the

179
T 180,000
A B C+ M
Instituted Instituted Instituted
D E F
Instituted Instituted Instituted
180
ANSWER:
Apply Arts. 846 and 847, Civil Code.
ART. 846: Heirs instituted without designation of

shares shall inherit in equal parts.
ART. 847: When the testator institutes some heirs

individually and others collectively as when he says,
I designate as my heirs A and B and the children of
C, those collectively designated shall be considered
as individually instituted, unless it clearly appears
that the intention of the testator was otherwise.
181
STEP 1
Satisfy the legitimes of A, B, D, E and F.
Estate is 180,000: Legitime portion is

one-half, or 90,000.
As to the legitimes, A and B will inherit

in their own right; while D, E, and F will
inherit by right of representation
182
DISTRIBUTION OF THE LEGITIME
A = 30,000 (own right)

B = 30,000 (own right)
D = 10,000 (right of rep.)
E = 10,000 (right of rep.)
F = 10,000 (right of rep.)
90,000
183
STEP 2
The free portion of 90,000 shall

be divided equally among the
instituted heirs, A, B, D, E, F
and M, in accordance with Arts.
846 and 847.
184
DISTRIBUTION OF THE FREE PORTION
A = 15,000
B = 15,000
D = 15,000
E = 15,000
F = 15,000
M = 15,000
90,000
185
THEREFORE:
A = 30,000 as compulsory heir
15,000 as voluntary heir
B = 30,000 as compulsory heir
D = 10,000 by right of rep.
E = same as D
F = same as D
M = 15,000 as voluntary heir
186
QUESTION:
Explain the first paragraph of Art. 856 of

the Civil Code regarding the predecease
of a voluntary heir.
187
ANSWER:
A voluntary heir who dies before the testator

transmits nothing to his heirs.
REASON:
A voluntary heir cannot be represented.
188
SECOND PARAGRAPH OF ART. 856, CC
A COMPULSORY HEIR who:

1. dies before the testator
2. is incapacitated to succeed
3. renounces the inheritance
shall transmit no right to his own heirs, except
in the cases expressly provided in the Civil
Code.
189
QUESTION:
May the right to revoke a will be waived?
190
ANSWER:
No. Until the death of the testator, a

will is ambulatory and revocable.
The heirs do not acquire a vested

right to the disposition in a will till
after the testators death.
191
REVOCATION OF WILLS
1. by implication of law
2. by some will, codicil or other writing
3. by an overt act
192
REVOCATION BY AN OVERT ACT
BURNING
Sufficient revocation even if small part of
the will is burned even though the entire
writing itself is left untouched.
193
PROBLEM:
Testator placed his will on a stove so that it

would be burned later when a fire would
be lighted in the stove.
The will was later removed by another

person from the stove before the stove
was lighted.
Is the will deemed revoked?
194
ANSWER:
No. While there was intent to revoke,

there was no overt act of burning.
195
NOTE:
If the person who retrieved the will was

an heir or legatee or devisee, he will not
inherit because he is incapacitated by
reason of unworthiness under Art. 1032,
CC.
196
OVERT ACT OF TEARING
Even a slight tear is sufficient.

What matters is the intent to revoke.
197
PROBLEM:
What about if the testator

crumpled his will?
198
ANSWER:
No revocation.
It is not one of the modes recognized by
law.
NOTE: Tearing of signature is sufficient
revocation because the signature goes to
the very heart of the will.
199
QUESTION:
What is revocation by the execution of

another will or codicil?
200
ANSWER:
Revocation may be express or implied.

Implied revocation consists in complete
inconsistency between two wills.
A notarial will may be revoked by a
holographic will, vice-versa.
The revoking will must be valid.
201
PROBLEM:
A, with no known living relatives,

executed a notarial will giving all his
estate to his girlfriend, B. One day, he
had a serious altercation with B. A few
days later, he was introduced to a
charming lady, C, who later became a
dear friend. Soon after, he executed a
holographic will expressly revoking the
notarial will and designating his new
friend, C, as sole heir. 202
One day when A was clearing up his desk,
he mistakenly burned, along with other
papers, the only copy of his holographic
will.
His business associate, D, knew well the
contents of the will which was shown to
him by A the day it was executed. A few
days after the burning incident, A died.
Both wills were sought to be probated in
two separate petitions.
Which of the two petitions will prosper?
203
ANSWER:
The probate of the notarial will will
prosper. The holographic will cannot be
admitted to probate because a
holographic will can only be probated
upon evidence of the will itself, unless
there is a photocopy. But since the
holographic will was lost and there was
no other copy, it cannot be probated and
therefore the notarial will will be
admitted to probate because there is no
revoking will.
204
Section 6, Rule 76 of the Rules of Court
provides that no will shall be proved as a lost or
destroyed will unless its provisions are clearly
and distinctly proved by at least two credible
witnesses.
If the foregoing two-witness rule to prove a lost

or destroyed will is to be strictly applied in the
instant case, the holographic will which A
mistakenly burned cannot be probated since
there is only one witness, D, who can be called
to testify as to the execution and existence of
the will. 205
PROBLEM:
T, a bachelor of 60, executed a will
bequeathing a ricefield worth 100,000 to his
friend, F. The will further provided that all
other assets owned by me after death shall be
equally divided between my two brothers, A
and B.
T subsequently married a young woman,
begot a son, and left another will designating
his wife and son as his heirs in equal shares.
The second will did not expressly revoke the
first will. He left an estate worth 300,000
(including the ricecefield).
Who is entitled to the ricefield? Who acquires
the rest of Ts assets?
206
ANSWER:
It must be observed that T left two wills.
In his first will, T bequeathed the ricefield to
his friend, F, and instituted as heirs in equal
shares his two brothers, A and B, with respect
to the rest of the estate. In his second will, T
instituted his wife and son as heirs in equal
shares.
Under our law on revocation of wills, a will may
be revoked by another will. The revocation may
be effected either expressly or impliedly. Since
there is no express revocation, is there an
implied revocation in the instant case?
207
It is undeniable that there is an implied
revocation if the testamentary dispositions
found in the first will are totally or partially
incompatible with those found in the second
will. It is also undeniable that the
incompatibility must be absolute in character
in the sense that the testamentary
dispositions cannot stand together. The real
issue, therefore, is whether the two
testamentary dispositions found in the first
will can stand together with the
testamentary disposition in the second will.
208
FIRST VIEW
According to the first view, reading the two

wills together it is clear that the testatorial
intention is that only the testators wife and
son shall inherit. They are instituted as
universal heirs with respect to the
hereditary estate in its totality. Therefore,
the second will in its totality cannot stand
together with the first will in its totality.
Consequently, the incompatibility between
the two wills is total and absolute in
character. Hence, the first will is impliedly
revoked by the second will.
209
The testators widow and son are,
therefore, entitled to the entire estate,
including the ricefield.
ESTATE 300,000
SON 150,000 (plus 50,000)

WIDOW 75,000 (plus 25,000)
FP 75,000
210
SECOND VIEW
According to the second view, only the

institution of A and B in the first will as
heirs and that portion or part of the
bequest given to F which will impair
the legitime of Ts son and widow are
revoked by the second will. The reason
is that it is only to that extent that there
is absolute incompatibility between the
two wills.
211
Consequently, F is entitled to the ricefield but
only to the extent that it does not encroach
upon the legitime of Ts son and widow.
ESTATE 300,000
SON 150,000
WIDOW 75,000
FP 75,000
Considering that the value of the ricefield is

100,000, the bequest is inofficious to the
extent of 25,000; it shall be reduced to that
extent.
212
DOCTRINE OF DEPENDENT
RELATIVE REVOCATION
If the testator revokes his will with the present

intention of making a new one and the new will is
not made, or if made, fails to take effect for any
reason whatsoever, it will be presumed that the
testator prefers the old will to intestacy.
The old will can still be admitted to probate.
213
Stated otherwise, the revocation is subject
to a SUSPENSIVE CONDITION:
That the testator will make a new will and

that such will shall take effect.
If such condition is not fulfilled, then there is

no revocation.
214
PROBATE OF WILLS
Probate of wills is a special proceeding

to establish the validity of a will.
Probate is in the nature of a proceeding

in rem. (Art. 838, CC)
A testator cannot deprive courts of their

FORMULA IN THE COMPUTATION OF
NET HEREDITARY ESTATE
Gross Estate
- Debts/Charges
+ Collationable Donations
= Net Hereditary Estate
PROBLEM:
T died leaving an estate worth 100,000
and debts amounting to 30,000.
During his lifetime, T had given a donation
of P50,000 to A, his legitimate son. When T
died, two legitimate sons, A and B,
survived him.
How much is the legitime of A and B?
217
T 100,000 (debts: 30,000)
A B
DONATION
50,000
218
COMPUTATION:
Gross Estate 100,000

Debts - 30,000
70,000
Collate +50,000
120,000 (NHE)
219
ANSWER:
Since the net hereditary estate is 120,000,

the legitime of the legitimate children is
60,000.
Since there are two children, each will
receive 30,000 as his legitime.
The legitime of A is only 30,000. The 50,000
donation to him should first be charged to
the legitime.
220
The excess of 20,000 (50,000 minus 30,000)
should be taken from the free portion
which is 60,000.
The net free portion of 40,000 (60,000

minus 20,000) goes to the instituted heirs.
Out of the actual net assets of 70,000 (because

the debts have been paid), B gets 30,000; A
gets 0; free portion of 40,000 equals 70,000.
221
QUESTION:
Should donations inter vivos to children be
collated?
YES.
Should donations inter vivos to strangers be

collated?
YES.
222
EXPLANATIONS:
Donations to strangers are collationable
because they are considered as advances
on the free disposal, just as donations
inter vivos to children are considered as
advances on their legitimes.
Besides, how can the free portion be
determined or computed unless the
value of said donations be added to the
actual estate?
223
Paragraph 2 of Article 909 of the Civil Code
is clear:
Donations to strangers are also taken into

account in determining the legitime of
which the testator could have disposed by
his last will.
224
PROBLEM:
A gave B, his legitimate child, a donation

inter vivos of 50,000 and to C, a friend, a
donation inter vivos of 100,000. When A
died, his remaining estate was worth
only 100,000.
If A was survived by his only child, B,

should the donation to C be reduced?
225
SOLUTION:
100,000 (actual estate)
50,000 (donation to B)
100,000 (donation to C)
250,000 (NHE)
LEGITIME = 125,000
FREE PORTION = 125,000
The donation to C (100,000) does not exceed
the free portion of 125,000. Hence, there is
no need to reduce it.
226
LEGITIME
That part of the testators

property which he cannot
dispose of because the law
has reserved it for certain
heirs who are, therefore,
called compulsory heirs. (Art.
886, CC)
227
PURPOSE OF LEGITIME
LEGITIME is to protect the children and

the surviving spouse from the unjustified
anger or thoughtlessness of the other
spouse.
If there are no compulsory heirs, there
can be no legitime.
228
COMPULSORY HEIRS
In determining who are compulsory heirs,

it is important to know whether the
testator is -
LEGITIMATE
ILLEGITIMATE
229
LEGITIMATE TESTATOR
1. Legitimate children and their legitimate

descendants.
2. Legitime parents and their legitimate
ascendants.
3. Surviving spouse.
4. Illegitimate children and their
descendants, whether legitimate or
illegitimate.
ILLEGITIMATE TESTATOR
231

descendants
2. Illegitimate parents (NO OTHER
ASCENDANTS)
3. Surviving spouse
4. Illegitimate children and their
illegitimate
CLASSES OF COMPULSORY HEIRS
PRIMARY COMPULSORY HEIRS

They get their legitime even in the presence of
other primary compulsory heirs and even in the
presence of secondary compulsory heirs.
They are those mentioned in Nos. 1, 3, 4.
232
SECONDARY COMPULSORY HEIRS
Parents, legitimate or illegitimate, are secondary

compulsory heirs.
IF TESTATOR IS LEGITIMATE, parents are excluded

by No. 1 only.
IF TESTATOR IS ILLEGITIMATE, parents are are

excluded by Nos. 1 and 4.
233
PROBLEM:
T is the testator; F and M are his

parents; A is Ts legitimate child; B and
C are Ts illegitimate children; S is Ts
surviving spouse; and W is the wife of
A.
Who are entitled to inherit from T?
234
F M
T S
W A B C
235
ANSWER:
A, B, C and S are all entitled to their
legitimes even if all of them are present.
F and M are entitled to their legitimes
only in default of a legitimate child such
as A.
If only F and A are present, A is entitled
to his legitime, but not F.
W, As wife is not a compulsory heir of T
but is a compulsory heir of A.
236
TABLE OF LEGITIMES
237
LEGITIMATE CHILDREN
1/2 of the estate, in equal portions, whether
they survive alone or with concurring
compulsory heirs.
LEGITIMATE PARENTS ALONE

1/2 of the estate, whether they survive alone
or with other compulsory heirs.
238
SURVIVING SPOUSE ALONE
1/2 of the estate.
1/3 if marriage is in articulo mortis and
deceased spouse dies within three
months after marriage.
1/2 if despite marriage in articulo
mortis, deceased and surviving spouse
have been living as husband and wife for
more than five years (Art. 900, CC)
239
ILLEGITIMATE CHILDREN ALONE
1/2 of the estate, to be divided equally
among themselves.
ILLEGITIMATE PARENTS ALONE

1/2 of the estate.
240
ONE LEGITIMATE CHILD
SURVIVING SPOUSE
Legitimate child, 1/2 of the estate.

Surviving spouse,1/4 of the estate.
241
LEGITIMATE CHILDREN
SURVIVING SPOUSE
Legitimate children, 1/2 of the estate.

Surviving spouse, same as one LC.
242
LEGITIMATE CHILDREN
ILLEGITIMATE CHILDREN

Illegitimate children, 1/2 of one LC.
243
ONE LEGITIMATE CHILD
SURVIVING SPOUSE
Legitimate child, 1/2 of the estate.

Surviving spouse, 1/4 of the estate.
244
LEGITIMATE CHILDREN
SURVIVING SPOUSE

Surviving spouse, share of one LC.
245
LEGITIMATE PARENTS
Legitimate parents, 1/2 of the estate.

Illegitimate children, 1/4 of the estate.
246
LEGITIMATE PARENTS
SURVIVING SPOUSE

247
LEGITIMATE PARENTS
SURVIVING SPOUSE

248
SURVIVING SPOUSE

249
ILLEGITIMATE PARENTS
CHILDREN OF ANY CLASS
Illegitimate parents are excluded.
250
ILLEGITIMATE PARENTS
SURVIVING SPOUSE
Illegitimate parents, 1/4of the estate.

251
PROBLEM:
T dies leaving an estate of 100,000. The

surviving relatives are: A, a legitimate
child, and W, the wife. What are the
corresponding
legitimes?
252
100,000 T W
253
ANSWER:
A 50,000
W 25,000
FP 25,000
254
PROBLEM
T died with four legitimate children, A,

B, C and D and a surviving spouse, W. T
left an estate valued at 100,000.
How much is the legitime of each of the

heirs?
255
100,000 T W
A B C D
256
ANSWER
A 12,500
B 12,500
C 12,500
D 12,500
W 12,500
FP 37,500
TOTAL 100,000
257
PROBLEM
T is survived by his legitimate children, A

and B, and his illegitimate children, C and
D. The net value of his estate is 200,000.
What is the legitime of each of the

survivors?
258
200,000 T
A B C D
259
ANSWER
A 50,000
B 50,000
C 25,000
D 25,000
FP 50,000
TOTAL 200,000
260
PROBLEM
All the facts in the previous problem are

the same, except that T had left four
(instead of two) illegitimate children, C,
D, E, and F.
What is the legitime of each of the

survivors?
261
200,000 T
A B C D E F
262
ANSWER
A 50,000
B 50,000
C 25,000
D 25,000
E 25,000
F 25,000
FP 0_____
TOTAL 200,000
263
PROBLEM
T is survived by his wife, W, his
legitimate child, A, and his illegitimate
child, B. Net value of the estate is
100,000. What is the legitime of each
survivor?
264
100,000 T W
A B
265
ANSWER
A 50,000
W 25,000
B 25,000
FP 0
266
PROBLEM
Suppose T died with two illegitimate

children, B and C (instead of only one
illegitimate child, B), what is the legitime
of the survivors?
267
100,000 T W
A B C
268
ANSWER
A 50,000
W 25,000
B 12,500
C 12,500
FP 0
269
PROBLEM:
T has three legitimate children; A, B, and
C; a wife, W; a father, F; and two
illegitimate children, D and E. A is a
special child, and T wants to leave to
him as much of his estate as he can
legally do under the law.
State the aliquot parts of the estate that
T can leave all the foregoing relatives.
Assume a net estate of 120,000 and that
all the above-named relatives survived T.
270
F
120,000 T W
A B C D E
271
ANSWER
F 0
A 20,000
B 20,000
C 20,000
W 20,000
D 10,000
E 10,000
FP 20,000
TOTAL 120,000
272
DIVISION IN THE
ASCENDING LINE
A and B are the paternal grandparents,

while F is the father; C and D are the
maternal grandparents while M is the
mother. T is the testator, leaving a
hereditary estate of 100,000.
273
A B C D
F M
T
100,000
274
EXPLANATION:
If all (except T) survive, the

grandparents get nothing. 50,000 is
the legitime of F and M together, so
each gets 25,000. The remaining
25,000 is the free portion.
275
If M predeceased T, F gets 50,000 as
legitime. The remaining 50,000 is the
free portion. C and D cannot represent
M, because there is no right of
representation in the ascending line.
The rule of proximity also applies.
276
If F and M predeceased T, and the others
are still alive, the paternal line gets half
of the legitime and the maternal line
gets the other half. The paternal line
gets 25,000 and this should be divided
equally between A and B.
What has been said of the paternal line

is also true of the maternal line.
277
PROBLEM:
T is survived by his legitimate parents, F

and M, and his wife, W. The net value of
the estate is 100,000. What is the
legitime of the survivors?
278
F M
T W
100,000
279
ANSWER
F 25,000
M 25,000
W 25,000
FP 25,000
280
QUESTION
T is survived by his legitimate parents,

F and M, and his illegitimate children,
A and B. The net value of the estate is
100,000. What is the legitime of the
survivors?
281
F M
100,000 T
A B
282
ANSWER
F 25,000
M 25,000
A 12,500
B 12,500
FP 25,000
283
PROBLEM:
T is survived by his legitimate parents,

F and M, his wife, W, and his
illegitimate children, A and B. The net
value of the estate is 72,000. What is
the legitime of the survivors?
284
F M
72,000 T W
A B
285
ANSWER
F 18,000
M 18,000
W 9,000
A 9,000
B 9,000
FP 9,000
286
PROBLEM
T is survived by his wife, W, and his

value of the estate is 90,000. What is
the legitime of the survivors?
287
90,000 T W
A B
288
ANSWER
W 30,000
A 15,000
B 15,000
FP 30,000
289
PROBLEM
T, an illegitimate person, is survived by

his parents by nature, F and M, and his
widow, W. The net estate is 100,000.
What is the legitime of the survivors?
290
F M
100,000 T W
Illegitimate
291
ANSWER
F 12,500
M 12,500
W 25,000
FP 50,000
292
PROBLEM
T, an illegitimate person, is survived by

his parents by nature, F and M, and his
estate is 100,000. What is the legitime
of the survivors?
293
F M
100,000 T Illegitimate
A B
294
ANSWER
F 0
M 0
A 25,000
B 25,000
FP 50,000
295
RESERVA TRONCAL
A system of reservation of property by virtue of

which an ascendant inherits from his descendant
property, which property the descendant in turn
had acquired by gratuitous title from another
ascendant, or brother or sister.
ascendant is obliged to reserve such property for
the benefit of relatives who are within the third
degree and who belong to the line from which
said property came (Art. 891, CC)
RESERVA TRONCAL is an extraordinary
reservation of property because it
constitutes an exception both to the
system of legitime and the order of
intestate succession.
297
QUESTION
Why is reserva troncal regarded as an

extraordinary reservation of
property?
298
ANSWER
Instead of the property passing to the

compulsory heirs of the ascendant-
reservista, it passes automatically and by
operation of law to the relatives of the
descendant-propositus who are within the
third degree and who belong to the line from
whence it came.
299
PERSONAL ELEMENTS OF RESERVA
TRONCAL
ORIGIN: The ascendant, brother or sister from

whom the descendant-propositus has acquired
the property by gratuitous title.
PROPOSITUS: The descendant from whom the

ascendant (reservista) in turn had
acquired the property by operation of law.
300
RESERVISTA: The ascendant of the propositus
who is obliged to reserve the property.
RESERVATARIOS: The relatives of the propositus

who are within the third degree and who
belong to the line from which the property
came and for whose benefit the reservation is
constituted.
301
RESERVATARIOS
ORIGIN RESERVISTA
GRATUITOUS OPERATION OF
TITLE LAW
PROPOSITUS
302
ELEMENTS OF RESERVA TRONCAL
FIRST: The property is inherited by operation of

law (legal succession or legitime) by an
ascendant from his descendant upon the death
of the latter.
SECOND: The property had been previously

acquired by gratuitous title (such as donation inter
vivos, remission, succession) by the descendant
from another ascendant or from a brother or
sister.
303
THIRD: The descendant has died without any
legitimate issue in the direct descending line
who could inherit from him.
FOURTH: There are relatives of the descendant-

propositus who are within the third degree and
who belong to the line from which the property
came. (This is a condition subsequent. If there
be no such relatives, no reserva troncal.
304
EXAMPLE:
F and M are the parents of C.

F died leaving a will, one provision of which
gave a parcel of land to C.
One year later, C died without any
descendant, and without any will. The
mother, M, then inherited the land.
305
The land is subject to reserva troncal.
M owns it only till she dies, and at her

death, it should not go to anybody whom
she desires, but is reserved by law in
favor of the relatives of F, the line from
which the property came.
Fs relatives must be within the third

degree, to be counted from C.
306
FIRST ELEMENT: ORIGIN
must be an ascendant or brother or sister.

must be a legitimate relative because
reserva troncal exists only in the legitimate
family.
The transmission from the origin to the
propositus must be by gratuitous title.
307
SECOND ELEMENT PROPOSITUS
must be a legitimate descendant (or legitimate

half-sibling) of the origin.
the propositus is the descendant (brother or

sister) whose death gives rise to the reserva,
and from whom the third degree is counted.
While the propositus is still alive, there is no

reserva yet, therefore, he is the absolute owner
of the property with full power to alienate or
encumber.
308
THIRD ELEMENT: RESERVISTA
The ascendant who inherits from the

propositus by operation of law. It is he who
has the obligation to reserve.
No reserva if he inherits it as free portion by

virtue of a will.
He is the full owner of the property, subject

to a resolutory condition.
309
If at reservistas death, there should still
exist relatives within the third degree of
the propositus, and belonging to the line
from which the property came, his
ownership is terminated.
the property is not part any more of his
estate. Instead, ownership is transferred
to the third degree relatives of the
propositus.
310
QUESTION
Can the reservista sell, mortgage, dispose
or otherwise encumber the property?
311
ANSWER
Yes, but subject to the reserva.

The reservatarios can get the real
property from the transferee as soon as
ownership is transferred to such
reservatarios, without prejudice to our
Land Registration Laws.
312
FOURTH ELEMENT: RESERVATARIOS
Relatives within the 3rd degree (from the

propositus) who will become the full
owners of the property the moment the
reservista dies.
They inherit the property from the
propositus
Must be a legitimate relative of the origin
and the propositus.
313
PROBLEM:
H died leaving an estate of 100,000. His
widow, W, gave birth to a child four
months after Hs death, but the child died
five hours after birth. Two days after the
childs death, W also died because she had
suffered from difficult childbirth. The
estate of H is now being claimed by his
parents, A and B, and by C and D, the
parents of W. Who is entitled to Hs estate
of 100,000?
314
A B C D
+ H +
100,000
W
CHILD +
5 hrs. after birth
315
ANSWER:
If the child had an intra-uterine life of not
less than seven months, it inherited from
the father. Consequently, the estate of
100,000 shall be divided equally between
the child and his mother as legal heirs.
Upon the death of the child, its share of
50,000 goes by operation of law to the
mother, W, which is subject to reserva
troncal.
316
A B C D
100,000
H W
50,000
50,000
operation
CHILD operation
of law
of law
317
Under Article 891 of the Civil Code, the
reserva is in favor of relatives
belonging to the paternal line and who
are within three degrees from the
child. The parents of H (A and B) are
entitled to the reserved portion which
is 50,000 as they are two degrees
related from the child. The 50,000
inherited by W from H will go to her
parents, C and D, as her legal heirs.
318
However, if the child had an intra-
uterine life of less than seven months,
half of the estate of H, or 50,000, will be
inherited by W, the widow, while the
other half, or 50,000, will be inherited
by the parents of H. Upon the death of
W, her estate of 50,000 will be inherited
by her own parents, C and D.
319
PROBLEM:
Before his death in 1990, A donated to his

grandson, F, a child of his predeceased
son D, a house and lot worth 600,000.
In 1995, F died with a will instituting his

mother, E, as his sole heir. His estate
consisted entirely of the house and lot
which he had received from A.
In 1998, E also died but without a will.

320
The house and lot is now claimed by:
(a) B, widow of A and grandmother of F
(b) C, son of A and B and uncle of F

(c) G, sister and only living relative of E
To whom shall the property be adjudicated?
321
A B
C D E G
DONATION
F WILL 322
ANSWER:
Half to C; other half to G.

F, the propositus, died with a will
instituting his mother, E, as sole heir.
Consequently, only one-half of the
property passed to her by operation of
law since that is her legitime. Only this
portion of the property has become
reservable.
323
B is not entitled to the reservable portion of
the property.
Although a relative of the propositus in the
second degree, B is merely related by affinity
to the ascendant (A) from whom the property
came. She does not, therefore, belong to the
line from which the property came.
A reservatario must not only be related by
consanguinity to the propositus within the
third degree, but he must also be related by
consanguinity to the ascendant from whom
the property came.
324
C is entitled to the reservable portion of
the property since he is not only a third
degree relative by consanguinity of the
propositus, but he also belongs to the line
from which the property came.
G, on the other hand, is entitled to the part
of the property which is not reservable in
accordance with the ordinary rules of
intestate succession.
325
PROBLEM:
D, only daughter of B, married E, only

son of A, in 1981.
A son, X, was born to the couple in 1982.
E died in a vehicular accident in 1984.
In 1986, D married F, only son of C. A
son, Y, was born to the couple in 1988. D
also died in a vehicular accident in 1992.
326
In 1995, X, who was very sickly, donated
to his half-brother, Y, a parcel of land. X
died the following year.
In 1998 Y also died. He died intestate

and without any surviving issue. The
land which he had acquired from X was
inherited by his father, F, who was his
only legal heir.
F died intestate in 2002, survived only by
his father, C.
327
The land which had originated from X is
now being claimed by A and B on the
ground that it is reservable. C claims
that the property belongs to him and
him alone as his inheritance from his
son, F.
Who among the grandfathers is entitled
to the property?
328
A B C
+ + +
E D F
+ +
X DONATION
Y INTESTATE
329
ANSWER:
B alone is entitled to the property.
The property is reservable.
FIRST, the property had been acquired by

operation of law by an ascendant (F) from his
descendant (Y) upon the death of the latter.
SECOND, the property had been previously

acquired by gratuitous title by the descendant
(Y) from a brother (X).
330
THIRD, descendant (Y) died without any
legitimate issue who can inherit from him.
In order to determine who can qualify as a
reservatario, two tests should be applied:
First, is the claimant a relative of the

descendant-propositus within the third
degree?
Second, does he belong to the line from which
the reservable property came?
Applying the tests, it is clear that:
A cannot qualify because he is not even a
relative of the descendant-propositus, Y.
331
A B C
+ + +
E D F
+ +
X DONATION
Y INTESTATE
332
Neither can C qualify because
he does not belong to the line
from which the property came.
He is not related by
consanguinity to X.
333
A B C
+ + +
E D F
+ +
X DONATION
Y INTESTATE
334
Only B can qualify. He is not only a
relative of Y within the third degree; he
also belongs to the line from which the
reservable property came.
335
A B C
+ + +
E D F
+ +
X DONATION
Y INTESTATE
336
THIRD DEGREE RELATIVES OF
PROPOSITUS
Parents of the propositus (1st degree)
Grandparents, full and half-brothers, full and

half-sisters of the propositus (2nd degree)
Uncles and aunts by blood; great

grandparents; nephews and nieces of the
propositus (3rd degree)
337
QUESTION
Suppose there are several persons who

can qualify as reservatarios, to whom
shall the reservable property be
adjudicated?
338
ANSWER
The rules of intestate succession shall apply.
Art. 891 of the Civil Code merely determines

the group of relatives to whom the
reservable property should be returned.
It is silent with regard to the individual right
of such relatives to the property.
339
If some claimants are in the direct
ascending line and others are in the
collateral line, the principle of preference
between lines shall apply.
Relatives of the propositus in the direct
ascending line shall exclude his relatives
in the collateral line.
If the claimants are grandparents and

brothers or sisters of the propositus, the
grandparents are preferred.
340
If all the claimants belong to the same
line, the principle of proximity shall
apply.
In other words, relatives of the

propositus nearest in degree shall
exclude the more remote ones.
Thus, between brothers or sisters and

uncles or aunts brothers and sisters
are preferred.
341
If some of the claimants are brothers
and sisters of the propositus and others
are nephews and nieces, the principle
of representation shall apply.
342
If all the claimants are brothers and
sisters of the propositus and some of
them are of the full-blood and others are
of the half-blood, the principle of double
share for full blood collaterals shall apply.
343
PROBLEM:
Among the properties in the estate of D, who
died intestate and without issue, were a farm,
which came from his father, B, and a house,
which he acquired from A, Bs father. In the
partition of Ds inheritance, the house was
allotted to B and the farm to C, Ds mother.
Upon the death of B and C, who were
simultaneously killed in a car accident, the farm
was claimed by A and E, a child of B and C born
after Ds death, while the house was claimed
also by A and E and F, the latter being Cs child
by a prior marriage.
Who owns the farm and house?
344
A
E
HOUSE HOUSE
B + +
C
FARM
D + A
E F
FARM
345
ANSWER:
HOUSE: This property was acquired by D from his
grandfather, A, and was transmitted by D to B, his
father. There is no reserva troncal because there
is no change of line. Hence, E alone is entitled to
inherit the house.
FARM: The farm originally came from B, the

father of D. and from D it went to his mother, C.
There is a change of line line from paternal to
maternal line. The farm is reservable property and
must be acquired by relatives within the third
degree of the propositus (D) and belonging to the
paternal line. 346
WHO IS ENTITLED TO THE FARM?
There are two theories:

In the delayed intestacy doctrine, the
preferences in the rules of intestate
succession must be observed.
Under this theory, A alone will inherit
the farm because in intestacy, the direct
line excludes the collateral line. Hence,
A, the grandfather of P, should exclude
E, the brother of D.
347
The second theory is to the effect that
relatives in the same degree inherit in
equal shares without distinction as to
the direct or collateral line. Under this
theory, which allows no distinction as to
direct or collateral line, A and E will
inherit the farm in equal shares since
they are both second degree relatives of
D, both belonging to the paternal line.
In any case, F does not inherit since he is
not a reservatario.
348
INTESTATE SUCCESSION
349
QUESTION
What is intestate succession?
350
ANSWER:
INTESTATE SUCCESSION is succession

prescribed by law which takes place
when the expressed will of the decedent
has not been set down in a will.
351
BASIC PRINCIPLES OF
352
CONCURRENCE
Even if there is an order of intestate

succession, compulsory heirs are never
excluded from the inheritance.
All compulsory heirs are intestate heirs, but

not all intestate heirs are compulsory heirs.
PROXIMITY
Relatives of the decedent nearest in degree

exclude the more remote ones, without
prejudice to the right of representation
when proper.
By virtue of representation the farther

becomes just as near.
PROBLEM:
P, deceased, is survived by A, a
legitimate half-sister on his fathers
side, and an aunt, B, his mothers
sister. He left as his only property that
which was inherited from his mother.
He died intestate.
Who shall succeed to Ps estate?
355
ANSWER:
A shall succeed to Ps estate. Both A and B are

collateral relatives of the decedent, P,
therefore, the rule of proximity is applicable.
Relatives nearest in degree exclude the more
remote ones. A is a second degree relative of P,
while C is a third degree relative.
Besides, under the general order of intestate

succession, brothers and sisters, whether of the
full or half-blood, are always preferred to
uncles or aunts.
356
PREFERENCE OF LINES
Relatives in the direct descending line

exclude those who are in the direct
ascending and collateral lines.
Relatives in the direct ascending line

exclude those who are in the collateral
line.
There is no right of representation in the
ascending line, but there is right of
representation in the descending line (Art. 972,
par. 1, CC).
In the collateral line, the right of

representation is given only to children of
RIGHT OF REPRESENTATION
brothers and sisters. (Art. 972, par. 2, CC)
MEANING OF REPRESENTATION
Right by fiction of law.

The representative is raised to the place
and the degree of the person
represented.
Acquires the rights which the person
represented would have if he were living
or if he could have inherited. (Art. 970, CC)
359
PROPRIETY OF REPRESENTATION
PREDECEASE (testate and intestate).
INCAPACITY (testate and intestate).
DISINHERITANCE (testate only).
360
SCOPE OF REPRESENTATION
In intestate succession, the right of

representation covers all that the person
being represented would have inherited.
In testamentary succession, the right of
representation covers only the legitime.
(Arts. 865-1035, CC)
There is no right to represent a voluntary

heir.
361
PROBLEM:
T has three legitimate children: A, B and C.

The eldest, A, has a legitimate child, D. In
Ts will, he gave each child 30,000; but A
predeceased T. Divide Ts estate of 90,000.
362
T 90,000
+ A B C
D
363
ANSWER
D gets 15,000 which is As legitime.
B and C will each get 37,5000. D is not allowed
to get the extra 15,000 because in this respect,
his father, A, was a voluntary heir.
HAD T DIED INTESTATE, D gets 30,000
corresponding to the share of A which
represents all that A would have inherited if he
was not incapacitated.
364
GRANDCHILDREN
GRANCHILDREN ALWAYS inherit by right of

representation.
This is true whether they concur with
children of the decedent or not.
EXCEPTIONS:
Art. 43 and Art. 992, Civil Code 365

GRANCHILDREN INHERIT
IN THEIR OWN RIGHT
Whenever all the children of the

decedent repudiate the inheritance, the
grandchildren inherit in their own right,
for here representation is not proper.
(Art. 977, CC)
P 90,000
A B C
D E F G H
45,000 22,500 22,500 0 0 367
NOTE:
Whenever there is succession by
representation, the division of the estate
shall be made per stirpes.
REASON: The representative or

representatives shall not inherit more than
what the person they represent would
inherit, if he were living our could inherit.
(Art. 974, Civil Code)
368
QUESTION
What are the two ways of inheriting?
369
ANSWER
per stirpes (as a group)

per capita (per person)
by representation
ones own right.
370
TESTATE
T 90,000
+ A B C
Instituted Instituted
15,000 15,000
+ 22,500 + 22,500
D
15,000 371
INTESTATE
P 60,000
+ A B C
20,000 20,000
D
20,000
372
TESTATE
T 90,000
+ A B C
22,500 22,500
+ 22,500 + 22,500
D
0 373
INTESTATE
P 90,000
+ A B C
45,000 45,000
D
0 374
TESTATE
T 100,000
+ A B C
25,000 25,000
+18,750 + 18,750
D
12,500 375
INTESTATE
P 100,000
+ A B C
40,000 40,000
D
20,000 376
SUCCESSIONAL RIGHTS OF
NEPHEWS AND NIECES
Nephews and nieces inherit either by

right of representation or in their own
right. (Art. 975, CC)
Nephews and nieces inherit by right of
representation when they concur with
aunts and uncles provided that
representation is proper, and that their
own parents should not have
repudiated.
They inherit in their own right whenever

they do not concur with aunts and
uncles.
378
QUESTION
B and C are As brothers; X, the legitimate

child of B; Y and Z, the legitimate children
of C. Estate is 90,000. A is the decedent, If
C predeceases A, divide the estate.
379
A B C +
90,000
X Y Z
45,000 22,500 22,500
380
A B + C +
90,000
X Y Z
30,000 30,000 30,000
381
A B + C +
90,000
X Y Z
0 45,000 45,000
382
THE IRON CURTAIN RULE
lllegitimate children of legitimates

cannot represent because of the
barrier.
But illegitimates and legitimates of

illegitimates can represent. (Arts. 902 and
992, CC)
A
+ B C +
D E F G
Art. Art.
384
992 902
PROBLEM:
P. the illegitimate son of F and M, died

intestate, without any descendant or
ascendant. His valuable estate is being
claimed by A, the legitimate son of F from
a previous marriage, and B, the legitimate
son of M from a previous marriage.
Who is entitled to inherit from P?
385
+ +
F M
A P + B
386
ANSWER:
Neither A nor B is entitled to inherit ab

intestato from P. Both are legitimate
relatives of Ps parents and therefore they
fall under the prohibition prescribed by
Article 992 of the Civil Code. (Manuel v. Ferrer,
242 SCRA 477)
387
PROBLEM:
P, an illegitimate person, died intestate

survived by B, the legitimate brother of
his deceased mother A, and D, his
mothers legitimate granddaughter who is
a legitimate child of C who predeceased
A.
May B or C or both inherit from A?
388
A B
+
P C
D
389
ANSWER:
B cannot succeed because uncles have

no right to inherit from their
illegitimate nephews. D cannot
succeed either because legitimate
relatives have no right to inherit from
an illegitimate child and vice-versa.
390
EFFECT OF REPUDIATION
A renouncer can represent, but

cannot be represented. (Arts. 976 and 977,
CC)
PROBLEM
A has two children, B and C. B has two

children D and E. D has a child F.
B died in 1993 but D repudiated his share.

Later A died in 1995.
Is D entitled to represent B in the

inheritance of A?
392
A + 1995
1993 + B C
repudiated D E
F
393
INHERITANCE IN
EQUAL SHARES
EXCEPTIONS:
1. Division in the ascending line. (Art. 987,
par. 2, CC)
2. Division between relatives of the full-

blood and half-blood. (Art. 1006, CC)
3. In cases of representation.
PROBLEM
A, B and C are the children of P; while
D and E are the children of A; F is the
child of B; G is the child of C.
395
P 120,000
A B C
D E F G
396
ANSWER
If A, B and C repudiated the inheritance,

the estate will be divided among the 4
grandchildren, and each will get 30,000
in his own right.
In repudiation, there is no right of

representation. (Art. 977, CC)
397
P 120,000
A B C
D E F G
398
If only C repudiates, A and B will each get
60,000.
D and E are excluded, because the nearer
excludes the farther. (Art. 962, CC)
G is also excluded because there is no right
of representation in case of repudiation.
F is excluded by B. (Art. 977, CC)
399
If A, B and C all predeceased P, the 4
grandchildren will inherit by right of
representation, not in their own right.
Hence, D and E will each get 20,000; F,
40,000; and G gets 40,000.
400
P 120,000
A B C
D E F G
401
ORDER OF INTESTATE
SUCCESSION
402
ESTATE OF A LEGITIMATE CHILD

descendants. (Art. 979, CC)
2. Legitimate parents and other legitimate

ascendants. (Art. 985, CC)
3. Illegitimate children and their descendants,

whether legitimate or illegitimate. (Arts. 988,
990, 902)
4. Surviving spouse, without prejudice to the
rights of brothers, sisters, nephews, and
nieces, should there by any. (Art. 995, CC)
5. Collateral relatives up to the fifth degree

of consanguinity. (Art. 1010, CC)
6. State. (Art. 1011)
404
ESTATE OF AN ILLEGITIMATE CHILD

descendants. (Art. 979, CC)
2. Illegitimate children and other

illegitimate. (Arts. 988, 989, 990)
3. Illegitimate parents. (Art. 993, CC)
405
4.Surviving spouse (Art. 994, CC), without
prejudice to the rights of illegitimate
brothers and sisters and nephews and
nieces who are children of illegitimate
brothers and sisters (by inference from Art. 992)
5.State
406
COMBINATIONS OF
SURVIVAL AND CONCURRENCE
OF INTESTATE HEIRS
407
1. LEGITIMATE CHILDREN ALONE
Entire estate to be divided in equal
shares as there are legitimate children.
(Art. 980, CC)
2. LEGITIMATE PARENTS ALONE

Entire estate to be divided equally
between the parents. (Art. 985, CC)
3. SURVIVING SPOUSE ALONE
Entire estate. (Art. 995, CC)
408
4. ILLEGITIMATE CHILDREN ALONE
5. BSNN ALONE
6. ILLEGITIMATE PARENTS ALONE

NOTE: Illegitimate parents inherit intestate only in

default of legitimate or illegitimate descendants of
the decedent.
409
7. 5TH DEGREE RELATIVES
8. STATE
410
9. ONE LEGITIMATE CHILD
SURVIVING SPOUSE
Legitimate child, of the estate.
Surviving spouse, of the estate. (Arts. 888

and 996, CC)
411
10. TWO OR MORE LEGITIMATE CHILDREN
SURVIVING SPOUSE
Consider the surviving spouse as a

legitimate child and then divide the estate
by the total number. (Art. 996, CC)
412
11. LEGITIMATE CHILDREN ILLEGITIMATE
CHILDREN
Estate to be divided in proportion of

two shares for each legitimate child
and one share for each illegitimate
child.
The legitimes of the legitimate
children shall not be impaired. (Arts. 983
and 985, CC)
413
12. ONE LEGITIMATE CHILD
SURVIVING SPOUSE
Legitimate child, of the estate.

(Art. 888, CC)
Surviving spouse, of the estate.
Illegitimate children, of the estate.

(applying by analogy Arts. 892, par. 1 and 895,CC)
414
13. TWO OR MORE LEGITIMATE CHILDREN
SURVIVING SPOUSE
Divide the estate according to the ratio of:
Two shares for each legitimate child.
Two shares for the surviving spouse.
One share each for each illegitimate child. (Art.

999, CC)
415
14. LEGITIMATE PARENTS
Legitimate parents, of the estate.

(Art. 991, CC)
416
15. LEGITIMATE PARENTS
SURVIVING SPOUSE

(Art. 997, CC)
417
16. LEGITIMATE PARENTS ILLEGITIMATE
CHILDREN SURVIVING SPOUSE

(Arts. 896 and 1000, CC)
418
17. ILLEGITIMATE CHILDREN
SURVIVING SPOUSE
Surviving spouse, of the estate. (Art. 998,

CC)
419
18. ILLEGITIMATE PARENTS
CHILDREN OF ANY CLASS
Illegitimate parents, none (Art. 993, CC).
Legitimate or illegitimate children of the

decedent , entire estate.
420
19. ILLEGITIMATE PARENTS
SURVIVING SPOUSE
Illegitimate parents, of the estate.
421
20. SURVIVING SPOUSE
BSNN
BSNN, of the estate. (Art. 1001, CC)
422
PROBLEM:
P died without a will. He is survived by

his widow, W, and by one legitimate son,
A. The estate is 60,000. How shall the
423
60,000
+ X Y
30,000
A
30,000
424
PROBLEM:
P died without a will. He is

survived by his widow, W, one
legitimate son, A, and two
illegitimate children, B and C. The
estate is 72,000. How shall the
425
72,000
+ P W
18,000
A B C
36,000 9,000 9,000
426
ANSWER:
A is entitled to of 72,000, or 36,000.
W is entitled to of 72,000, or 18,000.
B and C are entitled to of 72,000, or

18,000, which shall be divided equally
between them.
427
PROBLEM:
P died without a will. He is survived by:
(1) A and B, his legitimate children.
(2) W, his widow; and
(3) C, D, E, his illegitimate children.
The net value of his estate is 60,000. How

428
60,000
+ P W
15,000
A B C D E
15,000 15,000 5,000 5,000 5,000
429
PROBLEM:
(1) A and B, his legitimate children.

(3) C, his illegitimate child.
The net value of his estate is 140,000. How shall
430
140,000
+ P W
A B C
431
ANSWER:
EXCLUSION THEORY
1. Satisfy the legitimes of the heirs.
2. The balance must be given to the

legitimate children because they
are first in the order of intestate
succession
432
LEGITIMES:
A 35,000
B 35,000
W 35,000
C 17,500
BALANCE 17,500
It is with respect to the balance that

there is a conflict of opinion.
433
Under the exclusion theory, the balance of
17,500 is to be divided equally between A
and B, or 8,750 each.
A 43,750
B 43,750
W 35,000
C 17,500
TOTAL 140,000
434
CONCURRENCE THEORY
1. Satisfy the legitimes of the heirs.
2. The balance must be divided among

the heirs in the proportion of 2:2:2:1.
435
LEGITIMES:
A 35,000
B 35,000
W 35,000
C 17,500
BALANCE 17,500
Under the concurrence theory, the balance

of 17,500 is to be divided equally among the
heirs in the proportion of 2:2:2:1. Thus,
436
A, B and W are entitled to 2/7 each of
17,500, or 5,000 each.
C is entitled to 1/7 of 17,500, or 2,500.
A 40,000
B 40,000
W 40,000
C 20,000
TOTAL 140,000
437
EXCLUSION OR CONCURRENCE?
Art. 983, CC: Legitimate and illegitimate inherit in

the proportion of 2:1.
Art. 999, CC: Surviving spouse has the same

successional right as a legitimate child.
Under the exclusion theory, the above proportions

are discarded; the spouse would receive a share less
than that of a legitimate child.
CONCLUSION: Concurrence theory.
438
PROBLEM:
In the previous problem, B (legitimate) and C
(illegitimate) predeceased P.
(1) B is survived by two children, D and E. D is a

legitimate child, while E is an illegitimate child.
(2) C, on the other hand, is also survived by two

children, F and G. F is a legitimate child, while
G is an illegitimate child.
How shall the distribution be made?
439
140,000
+ P W
A B + C +
D E F G
440
ANSWER:
D who is legitimate, can represent his father

B.
E cannot because of Art. 992 of the Civil
Code.
F and G can inherit by right of
representation. The barrier under Art. 992
does not exist.
Since F is legitimate and G is illegitimate, the
share which would have passed to their
father, C, they shall inherit in the proportion
of 2:1. 441
FINAL DISTRIBUTION:
UNDER THE EXCLUSION THEORY
A 43,750 own right

D 43,750 by representation
E none
W 35,500
F 11,666+ by representation
G 5,833+ by representation
TOTAL 140,000 442
PROBLEM:
(1) F and M, his legitimate parents.
(3) A, B, C, and D, his illegitimate children.

443
F M
18,000 18,000
72,000 P W
18,000
A B C D
4,500 4,500 4,500 4,500 444
HAD P DIED WITH A WILL:
F and M, 1/2 of the estate: 36,000,

or 18,000 each.
W, 1/8 of the estate: 9,000.
A, B, C, and D, 1/4 of the estate:

4,500 each
Free portion of 9,000.

445
PROBLEM:
P died intestate survived by: (a) M, his
mother; (b) W, his widow; (c) A and B, his
legitimate children; (d) E, his grandson, being
the legitimate son of B; (e) F, his other
grandson, being the son of C who was a
legitimate son of P, and who predeceased P;
(f) G, his grandson, being the son of D, a
legitimate son who repudiated the
inheritance from P.
Distribute Ts net estate of 120,000.
446
M
+
P W
+
A B C D
E F G
447
ANSWER:
The legal heirs are A, B, F and W.
E is excluded by B who is still alive.
F represents C who predeceased P.
G is excluded because of the repudiation of D.
M is excluded by the legitimate children of P.
The answer may be premised on two theories:
THEORY OF EXCLUSION and THEORY OF
CONCURRENCE.
471
EXCLUSION
A 20,000 (own right)
B 20,000 (own right)
F 20,000 (representation)
W 20,000
FP 40,000
TOTAL 120,000
Under the Theory of Exclusion, the Free Portion
goes to the legitimate children, A and B, and
grandson F, at 13,333.33 each; they are entitled
to the free portion to the exclusion of the other
heirs because they are first in the order of
succession. 449
CONCURRENCE
In addition to their legitimes, the heirs A, B, F
and W will be given equal shares in the free
portion of 40,000.
A 20,000 plus 10,000
B 20,000 plus 10,000
F 20,000 plus 10,000
W 20,000 plus 10,000
450
PROBLEM:
(1) W, his widow.
(2) A and B, his legitimate brothers.
(3) D and E, children of his deceased brother C.

451
ESTATE: 240,000
120,000 40,000 40,000
W P A B C +
D E
20,000 20,000
452
PROBLEM:
(1) W, his widow.
(2) X and Y, children of a deceased legitimate

brother, A.
(3) Z, child of a deceased legitimate sister, B.
The net value of his estate is 240,000. How shall the

453
ESTATE: 240,000
W P A B
X Y Z
454
PROBLEM:
With her first husband A, B begot two children, D

and E. When A died, B married C with whom she
begot four legitimate children, F, G, H and I. B and
C are now both dead. D died intestate, survived by:
(1) E, a brother of the full-blood.
(2) F, G, H and I, brothers of the half-blood.

455
ESTATE: 120,000
+ A B + C +
+ D E F G H I
40,000 20,000 20,000 20,000 20,000
456
PROBLEM:
Suppose that in the previous problem,

ALL the five brothers of D predeceased
him, and the only survivors are the
nephews, J, being the legitimate son of
E, and K and L, being the legitimate
children of H, how shall the estate be
divided?
457
ESTATE: 120,000
A B + C +
+ + + + +
D E F G H I
J K L
60,000 30,000 30,000
458
ANSWER:
The rule of double share for full-blood

collateral still applies.
If there are nephews ad nieces surviving

the decedent, relationship by the whole or
half-blood becomes material in the
distribution of the estate.
NOTE: The nephews and nieces inherit in their
own right here because they do not concur
with an uncle or aunt.
459
PROBLEM:
B contracted two marriages: the first was

with A, with whom she begot two
legitimate children, D and E; and the
second was with C, with whom she begot
four legitimate children, F, G, H and I.
D died intestate survived by:
460
(1) E, a brother of the full-blood
(2) F and G, brothers of the half-blood.
(3) J, a son of H, a deceased half-brother.
(4) L, a grandson of I, and a child of K.

461
A B C
+ D E F G H + I +
J K +
ESTATE: 120,000 L
462
ANSWER:
E 48,000 own right

F 24,000 own right
G 24,000 own right
J 24,000 representing H
L 0
TOTAL 120,000
NOTE: L is not entitled to inherit anything

because in the collateral line, inheritance
extends only to nephews and nieces.
463
PROBLEM:
X, an illegitimate person, died without a will.

He is survived by:
(1) F, his father.
(2) W, his widow.
(3) A, his brother.

(4) B and C, his brothers from his fathers
lawful marriage.
If the net value of Xs estate is 120,000. How
464
ANSWER:
Only F and W are entitled to inherit, at

60,000 each.
Illegitimate parents do not exclude the

surviving spouse.
A, B, and C, brothers of X, are not entitled to
inherit because they are excluded by F
pursuant to the principle of preference of
line.
465
ACCRETION
466
ACCRETION
Same inheritance, devise or legacy.
Heir, devisee or legatee vacates share.
(repudiation, incapacity, predecease)
Vacated share Is added or incorporated to co-
heirs, co-devises, co-legatees.
467
QUESTION:
When is accretion proper?
468
TESTATE SUCCESSION
1. predecease
2. incapacity
3. repudiation
1. repudiation
2. incapacity
469
IMPORTANT
No accretion among compulsory heirs

insofar as the legitime is concerned.
Accretion, if it takes place, concerns only

the free portion. (Art, 1021, CC)
470
PROBLEM:
T instituted his legitimate children, A and

B, and a friend, F, as heirs. Estate is
60,000.
Divide the estate.
471
T 60,000
A B F
472
ANSWER:
The institution of A, B and F concerns only the
free disposal of 30,000. A and B are first given
their respective legitimes (15,000 each). The free
disposal is then divided equally among the three
instituted heirs:
A 15,000 (CH)
10,000 (VH)
B 15,000 (CH)
10,000 (VH)
F 10,000 (VH)
473
QUESTION
Suppose A predeceases T, how will his share

be divided between his co-heirs, B and F?
474
ANSWER:
As share in the legitime goes to B in

his own right (since this is the
legitime).
As share in the free portion (10,000)

will go equally to B and F by
accretion since this is the proportion
in which they were were
instituted to the free portion.
475
If F predeceases T, his share in the free
portion will go to A and B by accretion.
It is so because they were instituted as

voluntary heirs.
476
QUESTION:
Suppose T gave one-half of his estate to F,

and gave A and B their respective legitimes
of each, to whom should Fs share go if
he predeceases T?
477
ANSWER
To A and B, not by accretion for they

were not given any part of the free
portion.
Intestacy then results, and A and B will

get Fs share as intestate heirs.
478
PROBLEM
X died intestate. He is survived by: (1) A, B, D
and E, his legitimate children; (2) F and G,
legitimate children of C (predeceased), a
legitimate son of X; (3) H and I, legitimate
children of D; and (4) J and K, legitimate
children of E.
D is incapacitated; while E repudiated the

inheritance.
The net value of the estate is 120,000, how

479
X
A B C D E
F G H I J K
480
ANSWER
There are three vacant shares.
The share which C would have inherited if

he had not predeceased X.
The share which D would have inherited if

he had the capacity to inherit from X.
The share which E would have inherited if

he had not repudiated it.
481
DISTRIBUTION OF VACANT SHARES
The share of C in the estate goes to his

legitimate children, F and G, by
representation.
The share of D in the estate goes to his

legitimate children, H and I, by
representation.
The share of E in the estate goes to his co-

heirs, A and B, by accretion. An heir who
repudiates cannot be represented.
482
FINAL DISTRIBUTION
A 24,000own right
12,000accretion
B 24,000own right
12,000accretion
F 12,000own right
G 12,000own right
H 12,000own right
I 12,000own right
483
PROBLEM:
Testator instituted A, B and C as universal
heirs to his estate valued at 65,000.
Testator in his will gave A several properties
worth 15,000; B, 20,000; and C, 30,000.
C predeceases the testator. How shall the
484
ANSWER:
B and C will each get their inheritance.
As share of 15,000 goes to B and C by right of

accretion in the proportion of 2:1. (Art. 1019, CC)
HEIR DEVISE ACCRETION TOTAL
B 20,000 6,000 26,000
C 30,000 9,000 39,000 485

PROBLEM:
P has three legitimate brothers, X, Y and Z.

(1) X predeceases P, but he is survived by his
legitimate child, A.
(2) Y is incapacitated, but he has two legitimate
children, B and C.
(3) Z repudiates the inheritance.
How shall Ps estate of 120,000 be distributed?
486
P X + Y Z
A B C
487
ANSWER:
The 40,000 share of X who predeceased X goes to
his legitimate child, A, by representation.
The 40,000 share of Y who is incapacitated to

inherit goes to his legitimate children, B and C, by
representation, or 20,000 each.
The share of Z who repudiated the inheritance

goes to A, B and C by accretion in the same
proportion they inherit, or in the proportion of
2:1:1.
488
FINAL DISTRIBUTION
A 40,000 by representation
20,000 by accretion
B 20,000 by representation
10,000 by accretion
C 20,000 by representation
10,000 by accretion
489
PROBLEM:
Suppose Z is incapacitated?
Same distribution as in the previous problem.
Suppose Z predeceased the decedent?
A 40,000 own right

B 40,000 own right
C 40,000 own right
490
PROBLEM:
T, an unmarried person and without any
children of any kind, instituted his friends, A,
B, C and D as his universal heirs to his estate of
210,000.
T intended the distribution of his estate as
follows: A, of the estate; B, 1/4; C, 1/8; and
D, 1/8.
D repudiated the inheritance. How shall the

491
ESTATE: 120,000
T
REPUDIATED
A B C D
1/2 1/4 1/8 1/8
492
ANSWER:
There is no need to check the legitimes since T

left no compulsory heirs.
Assuming there is no provision in the will

regarding substitution of heirs, accretion exists
insofar as Ds share is concerned.
493
A is to get it of the estate, or 105,000.
B is to get 1/4 of the estate, or 52,500.
C is to get 1/8 of the estate, or 26,250.
D is to get 1/8 of the estate, or 26,250.
If Ds share is rendered vacant because of

his repudiation of the inheritance, who
gets such vacated share?
494
ANSWER:
DS vacant share goes to the other heirs by
right of accretion.
The co-heirs will therefore receive the vacant

share of 26,250 in the same proportion they
inherit.
Since they inherit in the proportion of 4:2:1,

the vacant share is to be divided into 7 parts.
495
FINAL DISTRIBUTION
A 105,000 as an instituted heir

15,000 by accretion
B 52,500 as an instituted heir
7,500 by accretion
C 26,250 as an instituted heir

3,750 by accretion
496
CAPACITY TO INHERIT
497
QUESTION:
In point of time, what law governs the

capacity of the heir to inherit?
ANSWER:
Art. 1034 CC: The qualification of the heir to

inherit is reckoned at the time of death of
the decedent.
498
PROBLEM:
During his last illness, testator T

confessed to a priest, A, who was his only
son. In his will which he made shortly
after his confession, T gave his son-priest,
A, 60,000 out of an estate worth 100,000.
T gave the remainder of his estate to his
friend, B.
How shall Ts estate be distributed?

499
ESTATE: 100,000
A B
500
ANSWER:
The son-priest inherits only 50,000 as his

legitime.
The additional 10,000 which is part of the

free portion is nullified by the
disqualification of the son-priest because he
heard the confession of T during his last
illness. (Art. 1027, par. (1), CC)
The excess 10,000 shall accrue in favor of the

instituted heir, F.
501
PROBLEM:
The beneficiary in a will is the wife of

the minister of the gospel who rendered
aid to the testator during the latters
last illness.
Would she be disqualified from

inheriting from the testator?
502
ANSWER:
She is qualified. The law extends the
disqualification of priests and ministers of
the gospel to their relatives within the
fourth degree as well as to the church, order,
chapter, community, organization or
institution to which they may belong. The
spouse is not included. (No. 2, Art. 1027, CC)
Otherwise, we would be reading into the
law what is not found there. Besides,
capacity to succeed is the general rule, while
incapacity to succeed is the exception.
Hence, the rules on incapacity must always
be strictly construed.
503
Thank you
NOW GO AND TOP THE BAR!
504

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BAR REVIEW LECTURE

WILLS AND SUCCESSION

ATTY. RONEY JONE P. GANDEZA

mode of acquisition of ownership

Which of the following is not a mode of

What is meant by law as a mode of

Cite at least three examples.

Donation inter vivos takes effect during

Donation mortis causa takes effect upon

In inter vivos, ownership is transferred to

In mortis causa, ownership is transferred

Inter vivos is valid even if donor survives the

Mortis causa is void if donor survives the

Inter vivos is essentially irrevocable.

Mortis causa is always revocable during the

Inter vivos must comply with the formalities

Mortis causa must comply with the

After his death, Xs heirs brought an action

All obligations are transmissible, except

Heirs liability to pay is co-extensive with

If judgment is rendered against the

Despite the substitution, the children are

The remedy of the plaintiff, the creditor, is

The rights to the succession are

The heirs merely have an inchoate right

AFTER DEATH OF A PERSON

The heirs own the property, subject to the

Upon Ts death, A, the eldest son, sold his

a) presumed death of a person.

b) judicial dissolution of marriage.

If he disappeared at age 75, he is presumed

This is absence coupled with great

An absence of FOUR YEARS is sufficient for

The presumption of death will arise that

From the beginning of the four years, the

W, wife of H, filed a petition seeking a

Will the petition prosper?

A judicial declaration of presumptive

Article 50 of the Family Code gives two

If a person dies with a will, his estate is to be

If he dies without a will, or with a void will,

DEVISEES/LEGATEES are always called to

HEIRS are called to succeed to an

HEIRS succeed by universal title.

DEVISEES/LEGATEES are always called to

HEIRS are called to succeed either by will

What is the importance of the distinction

The omission in the testators will of one,

SECOND: The omission must be of a

THIRD: The compulsory heir omitted

THERE IS PRETERITION even if a compulsory

REASON: Preterition involves an omission in

REASON: The heir is entitled only to the

REASON: A donation to a compulsory heir is

REASON: Remedy of the aggrieved heir is

THERE IS NO PRETERITION of voluntary

NEITHER IS THERE PRETERITION of

Although a compulsory heir, the spouse is

The institution of heirs is automatically

T has three legitimate children, A, B and C.

Estate is 90,000. How should the

The preterition of C annuls the institution of

A, B and C will each get 30,000.