My Succession Notes Part 6

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INTRODUCTION
*from UP Balane Notes
A. DEFINITION AND CONCEPT
Succession is derived from 2 Latin words:

Sub - meaning under (e.g., an underling, a subordinate, if a plane travels at a subsonic speed
or fly below opposite-- subsonic) and
Cedere, meaning to give, to pass.
Succession, therefore, is a passing under. It gives the idea of the nature of succession as
originated from Roman Law.
Why do the Romans call it a passing under? Because of the fiction in Roman Law that a
personality occupies a space, that is, a legal personality is permanent. A permanent fixture but
the occupant will go away. And it is the successor who will occupy the space you left vacant.
There is always what you call personalitas "sound through" like a play, where you wear a mask,
and the one behind the curtain is sounding through. That is, somebody is really talking behind
you. This, by analogy is, succession.
o
Persona means "you," the character.
o
Personalita or personality which is always there, and there is or there will always be an
occupant, who comes and goes; it may change the character, the person passes under.
o
What is behind all this? Personality never dies. We are but dust and shadows based
on the reality of death.
Why do we have to devise this fiction? Why the law on succession? The Law on succession has
various underpinnings in Roman Law -o
First, the vague idea of after life, like the ideas of Horace -- state of good in the Elipian
fields;
o
Second, that the law develops based on conditions of society. One of the most basic
desire of man is the desire for immortality.
o
How, When, To Whom, In What proportion are they transmitted -- Succession.
Definition of Succession
Succession in a juridical sense is the substitution of one person for another in
a determinable relationship or a subrogation of one person by another in a
juridical situation. (Manresa.)
Succession is the substitution of a person to the determinable legal
relationship of another. (Castan.)
**Castan's definition is better According to Atty. Balane
Succession is the last mode of acquiring ownership.

Succession is an independent mode of acquiring ownership.
Article 774. Succession is a mode of acquisition by virtues of which

the property, rights and obligations to the extent of the value of the
inheritance, of a person are transmitted through his death to
another or others either by his will or by operation of law.
Article 712. Ownership is acquired by occupation and by intellectual creation.

Ownership and other real rights over property are acquired and transmitted by law,
donation, by testate and intestate succession, and in consequence of certain contracts,
by tradition.
They may also be acquired by means of prescription.
SUCCESSION NOTES | CIVIL LAW REVIEW 1 |

LORENZO
10/11/2016
Etymology
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Article 1311. Contracts take effect only between the parties, their assigns and heirs,
except in case where the rights and obligations arising from the contract are not
transmissible by their nature, or by stipulation or by provision of law. The heir is not
liable beyond the value of the property he received from the decedent.
If a contract should contain some stipulation in favor of a third person, he may demand
its fulfillment provided he communicated his acceptance to the obligor before its
revocation. A mere incidental benefit or interest of a person is not sufficient. The
contracting parties must have clearly and deliberately conferred a favor upon a third
person.
Succession provides the vehicle for satisfying your yearning and longing for
immortality. It satisfies or consoles yourself that something in you lives
forever and this is your personality. Others usually leave something like
paintings, book of poems, statue so that they will be remembered forever, e.g.,
Horace by Shakespeare.
Concept of pater familias. Diligence of pater familias. Pater familias
means head of the family, the basic unit of Roman society. It is he who
managed and exercised authority over his children, absolute control over his
wife. In Roman law, a man's wife is his child. It is he who is the guardian of
the family gods. It is a position that must be occupied every time. It is
unthinkable to be otherwise. Once he dies, it is absolutely necessary not only
in religion that he is to be replaced immediately. This is indispensable.
These underpinnings are gone now.

o Today, succession is nothing but a mode of acquiring ownership. Why?
Because you do not have the fiction to have succession due to the spread of
Christianity which took the place of those yearnings that it is believing in God
and life after death. No more yearnings for immortality, unless you do not
believe in the teachings of Christianity.
o The concept of pater familias is no longer applicable because of parental
authority which restricted the authority of the head of the family. We no
longer have slaves, absolute control over children, etc.
o However, old beliefs do not die easily. Some provisions of the law on
succession are influenced by these underpinnings. Like, "heirs are the
continuation of the personality of the decedent." Another is: when a condition
is imposed upon the substitute, does the substitute have to fulfill the
condition? All of these are residual elements of Roman Law.
Basis of the Law on Succession

Some say it is the law on property which seems to be the basic attitude of the
Code. Others say succession is a law on persons because of the compulsory
heirs.
How can you explain that? Is there some link between the law on succession
and property? There is. Castan said that the law on succession is both law
on persons and property. However, in a pure testamentary succession, the
law on persons do not come to play. Say, a will giving UP a property. This is
more on the law of property. This is the ecclectic theory of Castan.
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BASIS OF THE LAW ON SUCCESSION
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PHILIPPINE LAW ON SUCCESSION
Every person during his lifetime is at the center of a number of juridical

relation flowing from personality.
Some of these legal relations are permanent --o Paternity and filiation
o Marriage and maternity
o Memberships, etc. which other persons do not have.
Some of these relations are transitory --o Lease of an apartment unit
o A mortgage
o A contract of partnership
When a person dies, personality is extinguished. Some of these juridical
relations will die with the person. intuitu personae-- SSS, GSIS-o If they die with you, no problem.
o However, some of them survive, e.g., land, say a thousand hectares. If
it is only a ball pen left by the decedent, it is not a big problem. But
what if the decedent left a big tract of land, or there is a contract of sale
which transfers ownership between the decedent and third parties.
You have to set a devise. You cannot leave them hanging in the air.
You have to devise a set of rules to determine the how, when, to whom,
to what extent these rights will be transmitted.
The law which governs them is succession. And that is all on succession,
everything is footnotes.
Important Principles of Succession (which permeates the entirety of

Succession):
Mortis Causa - Succession cannot take place while the owner is alive. The heir/
successor has a mere expectancy right to the property of the decedent, during
the lifetime of the latter.
Interest of the family may override the will of the decedent because of
compulsory heirs. There is a legitime reserved for the family. A will cannot
impair the legitime.
The estate passes or devolves to the family unless the decedent expressly
orders otherwise in a will. Family covers spouse, ascendants, descendants,
and collateral relatives.
The family cannot be entirely deprived of the estate because of the system of
legitime.
Within the family, heirs of equal degree/ proximity inherit in equal shares.
Presumption of equality. This is only the general rule. There are exceptions.
The State has a share in the inheritance through taxes.
The heirs are not liable for the debts of the estate beyond their share in the
inheritance. Estate is liable for the debts left by the decedent. Debts are to be
deducted before the heirs can get their shares. Procedure: Collect all assets,
deduct debts, then partition the shares. Up to what extent? Up to all its assets.
If the estate is zero balance, the heirs get nothing.
o Under the modern civil law, if the decedent left more debts than
assets, it will not change or affect your status anyway, but not with the
decedent's creditors-- they have to beware-- caveat creditor.

LORENZO
10/11/2016
(Based on the lecture given by JBL Reyes.)
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Allowance of holographic wills (Art. 810.) It gives greater freedom to

the decedent to choose in what form he can dispose by will his estate.
Holographic will is not a novelty but a revival. This was allowed in the Spanish
times but was abrogated during the American regime. It was only restored
under the NCC.
Improvement in the successional position of the surviving spouse. Under the
OCC, the surviving spouse had a right of usufruct only. Under the NCC, the
surviving spouse is given full ownership and is a compulsory heir. The share
is variable that it is so bewildering.
Abolition of the right of mejora or betterment (the right of the parent to give a
child more than the other.) This is basically a portion of the legitime, 1/3.
Freedom is given to the testator as to who among his children he will give the
1/3. This system was never utilized because it was never understood by the
people.
Abolition of the reservas and reversiones. The NCC restored reserva troncal,
reversion adoptiva (under PD 603.)
Granting successional rights to/ for spurious children-- illegitimate other than
natural. This is one of the revolutionary changes in the NCC. Under the OCC
only legitimate children have successional rights. NCC liberalized it by
granting successional rights to spurious children.
Greater facility in the probate of wills. Why? Because of the allowance of ante
mortem probate, that is, during the lifetime of the testator. Now, probate may
be post-mortem or ante mortem.
The application of the prohibition outlined in Art. 739 to succession. This is
by virtue of Art. 1038.
Increase of the free portion-- corollary to the abolition of the mejora
Limitation of the fideicommisary substitution to one degree (before, two
degrees)
Intestate succession is narrowed from sixth degree to fifth degree.
Abolition of the institution under pupilar and ejemplar (substitution.)
Allowance of lifetime probate
Areas in Succession Affected by the American Code:

Rules in interpretation.-- Arts. 788-792
Rules on formal requirements of a will.-- Arts. 804-809
Rules governing witnesses to wills.-- Arts. 820-824
Rules on republication and revival of wills.-- Arts. 835-836
Rules on revocation.-- Arts. 829-831
Rules on allowance and disallowance of wills.-- Arts. 838-839
7. Rules on Testamentary capacity.
1.
2.
3.
4.
5.
6.

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Major Changes in the New Civil Code on Succession
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B. LAW GOVERNING FORM
Extrinsic refers to the requirement of forms; formal validity
As to time of execution
Article 795. The validity of a will as to its form depends upon the
observance of the law in force at the time it is made.
Governing law as to time:

For Filipinos the law in force when the will was executed
For foreigners same rule assumption is: that the will is being probated here
As to place of execution
When the acts referred to are executed before the diplomatic or

consular officials of the Republic of the Philippines in a foreign
country, the solemnities established by Philippine laws shall be
observed in their execution.
Prohibitive laws concerning persons, their acts or property, and those
which have for their object public order, public policy and good
customs shall not be rendered ineffective by laws or judgments
promulgated, or by determinations or conventions agreed upon in a
foreign country.
Article 810. A person may execute a holographic will which must be

entirely written, dated and signed by the hand of the testator himself. It
is subject to no other form, and they may be made in or out of the
Philippines, and need not be witnessed.
Article 815. When a Filipino is in a foreign country, he is authorized to

make a will in any of the forms established by the law of the country in
which he may be. Such will may be probated in the Philippines.
Article 816. The will of an alien who is abroad produces effect in the
Philippines if made with the formalities prescribed by the law of the
place in which he resides, or according to the formalities observed in
his country, or in conformity with those which this Code prescribes.
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Article 17. The forms and solemnities of contracts, wills, and other
public instruments shall be governed by the laws of the country in
which they are executed.
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Article 817. A will made in the Philippines by a citizen or subject of
another country, which is executed in accordance with the law of the
country of which he is a citizen or subject, and which might be proved
and allowed by the law of his own country, shall have the same effect if
executed according to the laws of the Philippines.
Article 818. Two or more persons cannot make a will jointly, or in the
same instrument, either for their reciprocal benefit or for the benefit
of a third person.
Article 819. Wills, prohibited by the preceding article, executed by

Filipinos in a foreign country shall not be valid in the Philippines, even
though authorized by the laws of the country where they may have been
executed.
10/11/2016
Governing law as to place:

For Filipinos
Law of citizenship
Law of domicile
Law of residence
Law of place of execution, or
Philippine law
For foreigners same choices
C. LAW GOVERNING CONTENT

Intrinsic refers to the substance of the provisions; substantive validity
As to time
Article 2263. Rights to the inheritance of a person who died, with or

without will, before the effectivity of this Code, shall be governed by the
Civil Code of 1889, by other previous laws, and by the Rules of Court.
The inheritance of those who, with or without will, die after the
beginning of the effectivity of this Code, shall be adjudicated and
distributed in accordance with this new body of laws and by the Rules
of Court; but the testamentary provisions shall be carried our insofar
as they be permitted by this Code. Therefore, legitimes, betterments,
legacies and bequests shall be respected; however, their amount shall
be reduced if in no other manner can every compulsory heir be given
his full share according to this Code.

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Governing law as to time
For Filipinos the law as of the time of death
For foreigners depends on their personal law
Governing law as to place
For Filipinos - Philippine law
For foreigners their national law
As to successional rights, etc.
Article 16. Real property as well as personal property is subject to the

law of the country where it is situated.
Article 1039. Capacity to succeed is governed by the law of the nation of

the decedent.
D. SUBJECTS OF SUCCESSION
Article 775. In this Title, decedent is the general term applied to the
person whose property is transmitted through succession, whether or
not he left a will. If he left a will, he is also called a testator.
Article 782. An heir is a person called to the succession either by the

provision of a will or by operation of law.
Devisees and legatees are persons to whom gifts of real and personal
property are respectively given by virtue of a will.
According to Balane, the codal definitions are neither clear nor very helpful. The
definitions in the Spanish Code, if taken in conjunction with Castans explanations
are more helpful
Heir one who succeeds to the whole or an aliquot part of the inheritance
Devisee/Legatee those who succeed to definite, specific and individual
properties
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However, intestate and testamentary successions, both with respect to

the order of succession and to the amount of successional rights and to
the intrinsic validity of testamentary provisions, shall be regulated by
the national law of the person whose succession is under consideration,
whatever may be the nature of the property and regardless of the
country wherein said country wherein said property may be found.
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Article 887. The following are compulsory heirs:
1. Legitimate children and descendants, with respect to their legitimate
parents and ascendants;
2. In default of the foregoing, legitimate parents and ascendants, with
respect to their legitimate children and descendants;
3. The widow or widower;
4. Acknowledged natural children, and natural children by legal fiction;
5. Other illegitimate children referred to in Article 287.
Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by
those in Nos. 1 and 2; neither do they exclude one another.
The father or mother of illegitimate children of the three classes

mentioned, shall inherit from them in the manner and to the extent
established by this Code.
[Balane]
The enumeration is exclusive and may be classified as follows:
Primary compulsory heirs They are so called because they are preferred
over, and exclude, the secondary
o
legitimate children The law does not specify how the legitimate
children should share in the legitime. There is universal agreement,
however, that they will share equally, regardless of age, sex, or
marriage of origin
Specified in Articles 164 and 54 of the Family Code

Legitimated children fall under this classification Article
179, Family Code
Adopted children have, in relation to their adopters, the same
successional rights as legitimate children Sections 17 and
18 of RA 8552, Domestic Adoption Act of 1998
legitimate descendants The general rule is that the nearer exclude

the more remote.
If all children are qualified, grandchildren are excluded, and
so on.
The qualification to this rule is representation, when proper.
Secondary compulsory heirs They are so called because they receive

legitimes only in default of the primary

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In all cases of illegitimate children, their filiation must be duly proved.
legitimate parents and/or ascendants only in default of the

legitimate children/descendants
Legitimate parents
The adopter has, in relation to the adopted, the same
successional right as legitimate parents.
Under Sec 18, RA 8552, the adopted displaces the
biological parents in the successional scheme relative
to the estate of the adopted.
Legitimate ascendants
Only in default of parents
The rule, absolute in the ascending line is: The nearer
exclude the more remote.
illegitimate parents only in default of any kind of children/

descendants
The illegitimate ascending line includes only parents. It does
not go beyond the parents.
The illegitimate parents are secondary heirs of a lower
category that legitimate parents, because the illegitimate
parents are excluded by legitimate and illegitimate children
whereas legitimate parents are excluded only by legitimate
children/descendants.
Concurring compulsory heirs They are so called because they succeed

as compulsory heirs together with primary or secondary heirs; except only that
illegitimate children/descendants exclude illegitimate parents
o
surviving spouse the spouse of the decedent, not the spouse of a

child who has predeceased the decedent
The marriage between the decedent and the surviving spouse
must either be valid or voidable.
If voidable, there should have been no final decree of
annulment at the time of the decedents death.
Mere estrangement is not a ground for the
disqualification of the surviving spouse
Legal separation the petition is dismissed if either
spouse dies during the pendency of the case but if
there is already a decree:
o Offending spouse disqualified to inherit
o Innocent spouse none; still qualified to
inherit
illegitimate children
The Family Code has abolished the distinction between
natural and spurious children and gives all of them equal
legitimary portions; all are illegitimate children
However, pursuant to Article 777, if death occurred before the
effectivity of the Family Code on 3 August 1988, the old
distinctions will apply and the spurious child gets only 4/5 the
share of the natural (Article 895).

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o
illegitimate descendants The same rule applies here as in the

legitimate descending line: The nearer exclude the more remote,
without prejudice to representation when proper.
The illegitimate child can be represented by both legitimate
and illegitimate descendants, as distinguished from the
legitimate child, who can be represented only by legitimate
descendants
Article 1003. If there are no descendants, ascendants, illegitimate

children, or a surviving spouse, the collateral relatives shall succeed to
the entire estate of the deceased in accordance with the following
articles.
Who Are the Subjects
Article 963. Proximity of relationship is determined by the number of

generations. Each generation forms a degree.
Article 964. A series of degrees forms a line, which may be either direct
or collateral.
A direct line is that constituted by the series of degrees among
ascendants and descendants.
A collateral line is that constituted by the series of degrees among
persons who are not ascendants and descendants, but who come from
a common ancestor.
Importance of distinction:
Direct and collateral The direct is preferred over the collateral
Descending direct and ascending direct The descending is preferred

over the ascending
Computation of degrees
Direct line There is no legal limit to the number of degrees for entitlement
to intestate succession. The practical limit, of course, is human mortality.

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Relationship
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Collateral line Computation of degrees is particularly important because

intestate succession extends only to the 5th degree of collateral relationship
Article 965. The direct line is either descending or ascending.

The former unites the head of the family with those who descend from
him.
The latter binds a person with those from whom he descends.
Article 966. In the line, as many degrees are counted as there are
generations or persons, excluding the progenitor.
In the collateral line, ascent is made to the common ancestor and the
descent is made to the person with whom the computation is to be
made. Thus, a person is two degrees removed from his brother, three
from his uncle, who is the brother of his father, four from his first
cousin, and so forth.
Article 967. Full blood relationship is that existing between persons

who have the same father and the same mother.
Half-blood relationship is that existing between persons who have the
same father, but not the same mother, or the same mother, but not the
same father.
Importance of distinction
There is a ratio of 2:1 for full blood and half-blood relationship respectively
With respect to other collateral relatives, the full-blood and half-blood
relationship is not material.

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In the direct line, ascent is made to the common ancestor. Thus, the
child is one degree removed from the parent, two from the
grandfather, and three from the great grandparent.
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Article 968. If there are several relatives of the same degree, and one
or some of them are unwilling or incapacitated to succeed, his portion
shall accrue to the others of the same degree, save the right of
representation when it should take place.
Accretion in intestacy
There is accretion in intestacy among heirs of the same degree in case of
predecease, incapacity, or renunciation of any one of them.
In case of predecease or incapacity, representation, if proper, will prevent

accretion from occurring.
Relatives must be in the same kind of relationship to the decedent for accretion
to take place. Reason: principle of preference of lines in intestate succession
o No accretion among a grandchild, a grandparent and a brother of the
decedent even if they are all related to him in the same degree, they
are not inheriting together
Article 969. If the inheritance should be repudiated by the nearest

relative, should there be one only, or by all the nearest relatives called
by law to succeed, should there be several, those of the following degree
shall inherit in their own right and cannot represent the person or
persons repudiating the inheritance.
Effect of renunciation by all in the same degree

The right of succession should first be passed on the heirs in succeeding degrees
(in successive order) before the next line can succeed, because of the rule of
preference of lines.
The descending line first If all descendants of a certain degree renounce,

succession passes to the descendants of the next degree, and so on, ad
indefinitum;
The ascending line next Should no one be left in the descending line, the
heirs in the ascending acquire the right of succession, again in order of degrees
of proximity;
The collateral line last Only if all descendants and ascendants renounce
will the collateral relatives acquire the right to succeed.
Predecease or incapacity by all in the same degree

This eventuality is not provided by this article. The outline above is equally
applicable to such a situation, except in cases where representation is proper,
i.e. in the descending line.
Representation does not apply in cases of universal renunciation outlined
above, because there is no representation in renunciation.

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Capacity to Succeed
Article 1024. Persons not incapacitated by law may succeed by will or

ab intestato.
The provisions relating to incapacity by will are equally applicable to
intestate succession.
General rule: in favor of capacity to succeed, as long as the successor has

juridical personality.
Incapacity must be based on some legal ground and must be shown.
[Balane] The 2nd paragraph is inaccutate Some grounds for incapacity to

succeed by will have no application to compulsory or intestate succession.
Article 1034. In order to judge the capacity of the heir, devisee or

legatee, his qualification at the time of the death of the decedent shall
be the criterion.
In cases falling under Nos. 2, 3, or 5 of Article 1032, it shall be
necessary to wait until final judgment is rendered, and in the case
falling under No. 4, the expiration of the month allowed for the report.
If the institution, devise or legacy should be conditional, the time of
the compliance with the condition shall also be considered.
When is capacity determined?

General Rule: The time of the decedents death
Reason: That is when successional rights vest
If institution is subject to a suspensive condition

o Time of decedents death, and
o Time of happening of condition
If final judgment is a requisite of unworthiness

o Time of final judgment
Article 1039. Capacity to succeed is governed by the law of the nation of

the decedent.
The national law of the decedent governs capacity

It is not that of the heirs.
The same principle is enunciated in Article 16(2).
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a. Determination
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Article 16. Real property as well as personal property is subject to the
law of the country where it is situated.
However, intestate and testamentary successions, both with respect to
the order of succession and to the amount of successional rights and to
the intrinsic validity of testamentary provisions, shall be regulated by
the national law of the person whose succession is under
consideration, whatever may be the nature of the property and
regardless of the country wherein said country wherein said property
may be found.
B. Who May Succeed?
Article 1024. Persons not incapacitated by law may succeed by will or

ab instestato.
Article 1025. In order to be capacitated to inherit, the heir, devisee or

legatee must be living at the moment the succession opens, except in
case of representation, when it is proper.
A child already conceived at the time of the death of the decedent is
capable of succeeding provided it be born later under conditions
prescribed in Article 41.
Natural Persons
General Rule: Must be living when succession opens

o When succession opens the decedents death
o Living It is enough that the heir, devisee o legatee be already
conceived when the decedent dies, provided it be born later, in
accordance with Articles 40 and 41. Inheriting is favorable to
the child.
The requirement that the successor should be alive when the decedent
dies is absolute.
When institution is subject to a suspensive condition

o The successor must be living at the time of the decedents death
o The successor must also be living when the condition happens
When institution is subject to a suspensive term

o The requirement of being alive applies only at the moment of the
decedents death.
o The successor need not be alive when the term arrives.
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The provisions relating to incapacity by will are equally applicable to

intestate succession.
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Representation is not an exemption to the requirement.

o For representation to occur, the representation must at least already
be conceived when the decedent dies. (Arts. 971 and 973)
Article 1026. A testamentary disposition may be made to the State,

provinces,
municipal
corporations,
private
corporations,
organizations, or associations for religious, scientific, cultural,
educational, or charitable purposes.
All other corporations or entities may succeed under a will, unless
there is a provision to the contrary in their charter or the laws of their
creation, and always subject to the same.
It must already exist as a juridical person when the decedent dies.

Organizations or associations which do not possess juridical personality
cannot succeed, because legally they would not exist.
Enumeration of juridical persons is in Article 44.
For institutions subject to suspensive condition or terms, the rules in Article
1025 also apply.
Article 1029. Should the testator dispose of the whole or part of his
property for prayers and pious works for the benefit of his soul, in
general terms without specifying its application, the executor, with the
courts approval shall deliver one-half thereof of its proceeds to the
church or denomination to which the testator may belong, to be used
for such prayers and pious works, and the other half to the State, for
the purposes mentioned in Article 1013.
Requisites
o Disposition for prayers and pious works for the benefit of the testators
soul
o No specification of the application of the disposition
Apportionment of the disposition or its proceeds

o to the church or denomination to which the testator belonged
o to the State, to be applied as provided for in Article 1013

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Juridical Persons
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Article 1030. Testamentary provisions in favor of the poor in general,
without designation of particular persons or of any community, shall
be deemed limited to the poor living in the domicile of the testator at
the time of his death, unless it should clearly appear that his intention
was otherwise.
The designation of the persons who are to be considered as poor and
the distribution of the property shall be made by the person
appointed by the testator for the purpose; in default of such person,
by the executor; and should there be no executor, by the justice of
peace, the mayor, and the municipal treasurer, who shall decide by a
majority of votes all questions that may arise. In all these cases, the
approval of the Court of First Instance shall be necessary.
The named beneficiaries here are the poor, either of a definite locality or of no
designated locality.
If there is no designated locality, the poor of the testators domicile will be the
beneficiaries, unless excluded by the testator in his will.
C. Who Are Incapable of Succeeding?
Article 1025. In order to be capacitated to inherit, the heir, devisee or

legatee must be living at the moment the succession opens, except in
case of representation, when it is proper.
A child already conceived at the time of the death of the decedent is
capable of succeeding provided it be born later under conditions

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The preceding paragraph shall apply when the testator has disposed
of his property in favor of the poor of a definite locality.
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Article 1027. The following are incapable of succeeding:
1. The priest who heard the confession of the testator during his last
illness, or the minister of the gospel who extended spiritual aid to him
during the same period;
2. The relatives of such priest or minister of the gospel within the
fourth degree, the church, order, chapter, community, organization,
or institution to which such priest or minister may belong;
3. A guardian with respect to testamentary dispositions given by a
ward in his favor before the final accounts of the guardianship have
been approved, even if the testator should die after the approval
thereof; nevertheless, any provision made by the ward in favor of the
guardian when the latter is his ascendant, descendant, brother, sister
or spouse, shall be valid;
5. Any physician, surgeon, nurse, health officer or druggist who took

care of the testator during his last illness;
6. Individuals, associations and corporations not permitted by law to
inherit.
Paragraphs 1-5 apply only to testamentary succession.

o They have no application to the legitime or to intestacy.
o A person may be disqualified to succeed by will under these
paragraphs but be entitled to a legitime or to an intestate portion.
Paragraph 6 is misplaced, according to Balane. It provides for total
disqualification
1. The priest who heard the confession of the testator during his last
illness, or the minister of the gospel who extended spiritual aid to him
during the same period
The will must have been executed during the testators last illness.
The spiritual ministration must have been extended during the last illness.
The will must have been executed during or after the spiritual ministration.
The disqualification does not only apply to Christian priests, pastors,
ministers, and so forth, but also to all individuals belonging to other religions,
sects, or cults, whose office or function is to extend peculiar spiritual
ministrations of their creed.

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4. Any attesting witness to the execution of a will, the spouse, parents,

or children, or any one claiming under such witness, spouse, parents,
or children;
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2. The relatives of such priest or minister of the gospel within the
fourth degree, the church, order, chapter, community, organization,
or institution to which such priest or minister may belong
4th degree relationship - the computation is made in accordance with

Articles 963 969.
Purpose of disqualification to prevent indirect violations or
circumventions
For this disqualification to apply, the will must have been executed by the ward
during the effectivity of the guardianship.
The terms of the prohibition seem to be limited to guardians over the property,
however, in view of the purpose of the prohibition, this should apply as well to
guardians over the person. [Balane]
Exception: A guardian who happens to be an ascendant, descendant,
brother, sister or spouse of the ward-testator is excluded from the prohibition.
4. Any attesting witness to the execution of a will, the spouse, parents,

or children, or any one claiming under such witness, spouse, parents,
or children
This is a reiteration of the disqualifications in Article 823.

However, Article 823 allows for an exception If there are 3 other competent
witnesses
o The exception should be read into this paragraph.
5. Any physician, surgeon, nurse, health officer or druggist who took

care of the testator during his last illness
The person must have taken care of the testator during the latters final illness.
Taken care means medical attendance with some regularity or continuity,
because it is in such circumstances that the possibility of duress or influence
exists.
6. Individuals, associations and corporations not permitted by law to

inherit.

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3. A guardian with respect to testamentary dispositions given by a ward

in his favor before the final accounts of the guardianship have been
approved, even if the testator should die after the approval thereof;
nevertheless, any provision made by the ward in favor of the guardian
when the latter is his ascendant, descendant, brother, sister or spouse,
shall be valid
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Article 1028. The prohibitions mentioned in Article 739, concerning
donations inter vivos shall apply to testamentary provisions.
The disqualification laid down in this article applies only to testamentary

succession.
Those who are disqualified from receiving donations under Article 730 are
likewise disqualified from receiving testamentary dispositions from the parties
specified in that article.
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Article 1031. A testamentary provision in favor of a disqualified

person, even though made under the guise of an onerous contract, or
made through an intermediary, shall be void.
Rationale: What cannot be done by direction cannot be done by indirection

Simulation must be proved for this article to apply.
Effect of simulation or circumvention

The disposition is void, hence ineffective both as to the intended beneficiary
and the intermediary.
The intestate heirs whom the property would go have the right to claim the
nullity.

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Article 1032. The following are incapable of succeeding by reason of

unworthiness:
1. Parents who have abandoned their children or induced their
daughters to lead a corrupt or immoral life, or attempted against their
virtue;
2. Any person who has been convicted of an attempt against the life of
the testator, his or her spouse, descendants, or ascendants;
3. Any person who has accused the testator of a crime for which the
law prescribes imprisonment for 6 years or more, if the accusation
has been found groundless;
5. Any person convicted of adultery or concubinage with the spouse of

the testator;
6. Any person who by fraud, violence, intimidation, or undue
influence should case the testator to make a will or to change one
already made;
7. Any person who by the same means prevents another from making
a will or from revoking one already made, or who supplants, conceals,
or alters the latters will;
8. Any person who falsifies or forges a supposed will of that decedent.
1. Parents who have abandoned their children or induced their

daughters to lead a corrupt or immoral life, or attempted against their
virtue
There are 3 grounds given:

o Abandonment of the child
o Inducement of a daughter to lead a corrupt or immoral life
o Attempt against a daughters virtue
All these 3 grounds are also grounds for disinheritance under Article 920.
2. Any person who has been convicted of an attempt against the life of
the testator, his or her spouse, descendants, or ascendants
This is also a ground for disinheritance under Article 919.

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4. Any heir of full age who, having knowledge of the violent death of
the testator, should fail to report it to an officer of the law within a
month, unless the authorities have already taken action; this
prohibition shall not apply to cases wherein, according to law, there
is no obligation to make an accusation;
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3. Any person who has accused the testator of a crime for which the law
prescribes imprisonment for 6 years or more, if the accusation has
been found groundless
4. Any heir of full age who, having knowledge of the violent death of the
testator, should fail to report it to an officer of the law within a month,
unless the authorities have already taken action; this prohibition shall
not apply to cases wherein, according to law, there is no obligation to
make an accusation
The heir has knowledge of violent death of the decedent.

The heir is of legal age.
The heir fails to report it to all officers of the law within a month, after learning
of it.
The authorities have not yet taken action.
There is a legal obligation for the heir to make an accusation
[Balane] One of the requisite of this ground for disqualification makes this
paragraph non-operative. There is no legal obligation to make an accusation
under the present law.
5. Any person convicted of adultery or concubinage with the spouse of

the testator
6. Any person who by fraud, violence, intimidation, or undue influence

should case the testator to make a will or to change one already made
7. Any person who by the same means prevents another from making a
will or from revoking one already made, or who supplants, conceals, or
alters the latters will

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8. Any person who falsifies or forges a supposed will of that decedent.
Effect of unworthiness
Unworthiness gives rise to total disqualification. The unworthy heir is
incapacitated to succeed from the offended party by any form of succession.
Unworthiness and disinheritance have identical effects.
Unworthiness is disinheritance imposed by law.
Unworthiness deprives the unworthy heir even of the legitime
Article 1033. The causes of unworthiness shall be without effect if the

testator had knowledge thereof at the time he made the will, or if,
having known them subsequently, he should condone them in writing.
2 ways
o
o
A written condonation
The execution by the offended party of a will with knowledge of the
cause of unworthiness
Restoration to capacity: Overlap of Rules on Unworthiness and

Disinheritance [Balane]
If offended party does not make a will subsequent to the occurrence

of the common cause
o Apply Article 1033 Unworthiness sets in ipso facto and written
condonation is necessary to restore to capacity
If offended party makes a will subsequent to the occurrence of the
common cause
o If he knew the cause
If he disinherits Apply Article 922
If he institutes or pardons the offender Offender restored to
capacity
If will is silent This is disputed, but the better opinion seems
to be that the unworthiness stays
o If did not know the case
Unworthiness stays
Article 990. The hereditary rights granted by the 2 preceding articles

to illegitimate children shall be transmitted upon their death to their
descendants, who shall inherit by right of representation from their
deceased grandparent.

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Restoration to capacity
The unworthiness is set aside and the unworthy heir is restored to capacity.
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The descendants succeed not only by representation, but by their own right in
proper cases.
Article 991. If legitimate ascendants are left, the illegitimate children

shall divide the inheritance with them, taking one-half of the estate,
whatever be the number of the ascendants or of the illegitimate
children.
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Article 992. An illegitimate child has no right to inherit ab intestato

from the legitimate children and relatives of his father or mother; nor
shall such children or relatives inherit in the same manner from the
illegitimate child.
d. Effect of alienation of the excluded heir
Article 1036. Alienations of hereditary property, and acts of

administration performed by the excluded heir, before the judicial
order of exclusion, are valid as to third persons who acted in good
faith; but the co-heirs shall have a right to recover damages from the
disqualified heir.
Good faith of transferee as determining factor of validity.

The validity of alienation is determined by the good faith or bad faith of the
transferee, not of the transferor (the excluded heir).
For the transferee to be in good faith, he must have acquired the thing for value
and without knowledge of the defect of the transferors title.
o A donee cannot claim the benefit of this provision since he did not
acquire it for value.
In cases of valid alienations by the disqualified heir, the rightful heirs are not
without a remedy They may go after the disqualified heir for damages.

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e. Rights of the excluded heir
Article 1035. If the person excluded from the inheritance by reason of

incapacity should be a child or descendant of the decedent and should
have children or descendants, the latter shall acquire his right to the
legitime.
and
Representation in unworthiness Unworthiness us one of the 3

occasions for representation to operate. (Arts. 970-977)
Representation in unworthiness extends not only to the legitime, but also to
whatever portion in intestate succession the person represented may have
been entitled to.
Representation in the collateral line If the unworthy heir is a brother or
sister, his children will represent.
The prohibition as to usufruct (par.2) has become unnecessary because of
Article 226 (2) of the Family Code.
The disqualification as to administration remains and his right shall be
exercised either by a judicially appointed guardian or those vested by law with
substitute parental authority. (See Article 216, Family Code)
Article 1037. The unworthy heir who is excluded from the succession
has a right to demand indemnity for any expenses incurred in the
preservation of the hereditary property, and to enforce such credits as
he may have against the estate.
The right of reimbursement to the excluded heir is irrespective of his bad faith
because the expenses referred to are necessary expenses, which have to be
reimbursed even to a possessor in bad faith. (Article 443 and 546 (1))
Article 1014. If a person legally entitled to the estate of the deceased

appears and files a claim thereto with the court within 5 years from
the date the property was delivered to the State, such person shall be
entitled to the possession of the same, or if sold, the municipality or
city shall be accountable to him for such part of the proceeds as may
not have been lawfully spent.
Prescriptive period for claim 5 years from the delivery of the property
to the State
Who may make claim - Any person entitled by succession to the estate

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The person so excluded shall not enjoy the usufruct

administration of the property thus inherited by his children.
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f. Liabilities of the excluded heir
Article 1038. Any person incapable of succession, who, disregarding

the prohibition stated in the preceding articles, entered in possession
of the hereditary property, shall be obliged to return it together with
its accessions.
He shall be liable for all of the fruits and rents he may have received,
or could have received through the exercise of due diligence.
The disqualified heir who took possession of the hereditary property is a

possessor in bad faith, because he took possession disregarding the provision
stated in the preceding articles.
The rules on possession in bad faith:

o The obligation to return, with the accessions
o Liability for fruits which were received and could have been received.
Period for action to recover Article 1040
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g. Prescription
Article 1040. The action for a declaration of incapacity and for the
recovery of the inheritance, devise or legacy shall be brought within
5 years from the time the disqualified person took possession
thereof. It may be brought by anyone who may have an interest in
the succession.
The prescriptive period of 5 years applies to both to the declaration of

incapacity of the heir and the recovery of the inheritance or portion thereof
wrongfully possessed by the disqualified heir.
This is a special prescriptive period for this action. It is an exception to the

prescriptive periods for recovery of movables and of immovable laid down in
Articles 1140 and 1141.
o Movables 8 years
o Immovable 30 years

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Object of Succession
Article 776. The inheritance includes all the property, rights and
obligations of a person which are not extinguished by his death.
Article. 781. The inheritance of a person includes not only the

property and the transmissible rights and obligations existing at the
time of his death, but also those which have accrued thereto since the
opening of the succession.
If a contract should contain some stipulation in favor of a third

person, he may demand its fulfillment provided he communicated his
acceptance to the obligor before its revocation. A mere incidental
benefit or interest of a person is not sufficient. The contracting parties
must have clearly and deliberately conferred a favor upon a third
person.
Article 1429. When a testate or intestate heir voluntarily pays a debt

of the decedent exceeding the value of the property which he received
by will or by the law of intestacy from the estate of the deceased, the
payment is valid and cannot be rescinded by the payer.
Article 1178. Subject to the laws, all rights acquired in virtue of an

obligation are transmissible, if there has been no stipulation to the
contrary.

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Article 1311. Contracts take effect only between the parties, their
assigns and heirs, except in case where the rights and obligations
arising from the contract are not transmissible by their nature, or by
stipulation or by provision of law. The heir is not liable beyond the
value of the property he received from the decedent.
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Article 1347. All things which are not outside the commerce of men,
including future things, may be the object of a contract. All rights
which are not intransmissible may also be the object of contracts.
No contract may be entered into upon future inheritance except in
cases expressly authorized by law.
All services which are not contrary to law, morals, good customs,
public order, or public policy may likewise be the object of a contract.
Article 108, RPC
The action to demand restoration, reparation, and indemnification

likewise descends to the heirs of the person injured.
Opening of Succession
Article 777. All the rights to the succession are transmitted from the
moment of the death of the decedent.
*The right to succession is not transmitted It becomes vested.

Before the decedents death, the right to succession is merely inchoate.
The presumption is that
The person succeeding has a right to succeed by legitime or by law;
That he has the legal capacity to succeed; and
That he accepts the successional portion
The vesting of the right occurs immediately upon the decedents death without a
moments interruption.

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Obligation to make restoration, reparation for damages, or

indemnification for consequential damages and actions to demand
the same; Upon whom it devolves. The obligation to make
restoration or reparation for damages and indemnification for
consequential damages devolves upon the heirs of the person liable.
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Article 2253. The Civil Code of 1889 and other previous laws govern
rights originating, under said laws, from acts done or events which took
place under their regime, even though this Code may regulate them in
a different manner, or may not recognize them. But if a right should be
declared for the first time in this Code, it shall be effective at once, even
though the act or event which gives rise thereto may have been done or
may have occurred under the prior legislation, provided said new right
does not prejudice or impair any vested or acquired right, of the same
origin.
Article 533. The possession of hereditary property is deemed

transmitted to the heir without interruption and from the moment of
death of the decedent, in case the inheritance is accepted.

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Article 2263. Rights to the inheritance of a person who died, with or

without a will, before the effectivity of this Code, shall be governed by
the Civil Code of 1889, by other previous laws, and by the Rules of
Court. The inheritance of those who, with or without a will, die after
the beginning of the effectivity of this Code, shall be adjudicated and
distributed in accordance with this new body of laws and by the Rules
of Court; but the testamentary provisions shall be carried out insofar
as they may be permitted by this Code. Therefore, legitimes,
betterments, legacies and bequests shall be respected; however, their
amount shall be reduced if in no other manner can every compulsory
heir be given his full share according to this Code
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Article 1461. Things having a potential existence may be the object of

the contract of sale.
The efficacy of the sale of a mere hope or expectancy is deemed subject
to the condition that the thing will come into existence.
Article 130. The future spouses may give each other in their marriage
settlements as much as one-fifth of their present property, and with
respect to their future property, only in the event of death, to the extent
laid down by the provisions of this Code referring to testamentary
succession.
If the future spouses agree upon a regime other than the absolute
community of property, they cannot donate to each other in their
marriage settlements more than 1/5 of their present property. Any
excess shall be considered void.
Donations of future property shall be governed by the provisions on the
testamentary succession and the formalities of wills.
Article 132. A donation by reason of marriage is not revocable, save in

the following cases:
(1) If it is conditional and the condition is not complied with;
(2) If the marriage is not celebrated;
(3) When the marriage takes place without the consent of the parents
or guardian, as required by law;
(4) When the marriage is annulled, and the donee acted in bad faith;
(5) Upon legal separation, the donee being the guilty spouse;
(6) When the donee has committed an act of ingratitude as specified by
the provisions of this Code on donations in general.

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Article 84, Family Code
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A donation by reason of marriage may be revoked by the donor in the
following cases:
1. If the marriage is not celebrated or judicially declared void ab initio
except donations made in the marriage settlements, which shall be
governed by Article 81;
2. When the marriage takes place without the consent of the parents or
guardian, as required by law;
3. When the marriage is annulled, and the donee acted in bad faith;
4.Upon legal separation, the donee being the guilty spouse;
5. If it is with a resolutory condition and the condition is complied with;
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6. When the donee has committed an act of ingratitude as specified by

the provisions of the Civil Code on donations in general.
Article 390. After an absence of seven years, it being unknown whether

or not the absentee still lives, he shall be presumed dead for all
purposes, except for those of succession.
The absentee shall not be presumed dead for the purpose of opening
his succession till after an absence of ten years. If he disappeared after
the age of seventy-five years, an absence of five years shall be sufficient
in order that his succession may be opened.
Article 391. The following shall be presumed dead for all purposes,
including the division of the estate among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an aeroplane
which is missing, who has not been heard of for four years since the
loss of the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war, and has
been missing for four years;
(3) A person who has been in danger of death under other
circumstances and his existence has not been known for four years.

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Requisites for the transmission of successional rights
1. Express will of the testator or provision of law
2. Death of the person whose property is the subject of succession
Article 43. If there is a doubt, as between 2 or more persons who are

called to succeed each other, as to which of them died first, whoever
alleges the death of one prior to the other, shall prove the same; in the
absence of proof, it is presumed that they died at the same time and
there shall be no transmission of rights from one to the other.
That except for purposes of succession, when two persons perish in the
same calamity, such as wreck, battle, or conflagration, and it is not
shown who died first, and there are no particular circumstances from
which it can be inferred, the survivorship is determined from the
probabilities resulting from the strength and the age of the sexes,
according to the following rules:
1. If both were under the age of fifteen years, the older is deemed to
have survived;
2. If both were above the age sixty, the younger is deemed to have
survived;
3. If one is under fifteen and the other above sixty, the former is
deemed to have survived;
4. If both be over fifteen and under sixty, and the sex be different, the
male is deemed to have survived, if the sex be the same, the older;
5. If one be under fifteen or over sixty, and the other between those
ages, the latter is deemed to have survived.
3. Acceptance of the inheritance
Article 1041. The acceptance or repudiation of the inheritance is an act

which is purely voluntary and free.
The acceptance of inheritance is a free act essentially free and voluntary.

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Rule 131, Section 3 (jj), Rules of Court
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Article 1042. The effects of the acceptance or repudiation shall always
retroact to the moment of the death of the decedent.
Retroactivity
Of acceptance
Of renunciation
Of conditional institutions
Article 1043. No person may accept or repudiate an inheritance unless

he is certain of the death of the person from whom he is to inherit, and
of his right to the inheritance.
Acceptance or renunciation must be made knowingly.

Unless the successor has knowledge of acceptance or renunciation, his
acceptance or renunciation is not effective.
Article 1044. Any person having the free disposal of his property may
accept or repudiate an inheritance.
Any inheritance left to minors or incapacitated persons may be
accepted by their parents or guardians. Parents or guardians may
repudiate the inheritance left to their wards only by judicial
authorization.
The right to accept an inheritance left to the poor shall belong to the
persons designated by the testator to determine the beneficiaries and
distribute the property, or in their default to those mentioned in
Article 1030.
Capacity to act is required for personal acceptance or renunciation.

The authorized individuals can only accept, not reject.
The persons selected as qualified recipients are, for their own part, free to
accept or renounce the benefit.
Article 1045. The lawful representatives of corporations, associations,

institutions and entities qualified to acquire property may accept any
inheritance left to the latter, but in order to repudiate it, the approval
of the court shall be necessary.
The legal representative may accept or renounce the testamentary grant on

behalf of the entity represented, but for renunciation, court approval is
additionally required.
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Article 1046. Public official establishments can neither accept nor
repudiate an inheritance without the approval of the government.
Article 1047. A married woman of age may repudiate an inheritance

without the consent of her husband.
A deaf-mute who can read and write has contractual capacity, and can accept
or renounce on his own behalf.
An illiterate deaf-mute is incompetent and the rules on acceptance and
renunciation through a representative apply.
Article 1049. Acceptance may be express or tacit.

An express acceptance must be made in a public or private document.
A tacit acceptance is one resulting from acts by which the intention to
accept is necessarily implied or which one would have no right to do
except in the capacity of an heir.
Acts of mere preservation or provisional administration do not imply
an acceptance of the inheritance if, through such acts, the title or
capacity of an heir has not been assumed.
Kinds of acceptance:
Express
o Public document
o Private writing
Implied

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Article 1048. Deaf-mutes who can read and write may accept or
repudiate the inheritance personally or through an agent. Should they
not be able to read and write, the inheritance shall be accepted by their
guardians. These guardians may repudiate the same with judicial
approval.
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Article 1050. An inheritance is deemed accepted:
1. If the heirs sells, donates, or assigns his right to a stranger, or to his
co-heirs, or to any of them;
2. If the heir renounces the same, even though gratuitously, for the
benefit of one or more of his co-heirs.
3. If he renounces it for a price in favor of all his co-heirs
indiscriminately; but if this renunciation should be gratuitous, and the
co-heirs in whose favor it is made are those upon whom the portion
renounced should devolve by virtue of accretion, the inheritance shall
not be deemed as accepted.
Tacit acceptance is inferred from acts of ownership performed by the heir over
the property.
Article 1051. The repudiation of an inheritance shall be made in a

public or authentic instrument, or by petition presented to the court
having jurisdiction over the testamentary or intestate proceedings.
Forms of renunciation
Public or authentic document
Petition filed in the settlement proceedings
Article 1052. If the heir repudiates the inheritance to the prejudice of

his own creditors, the latter my petition to the court to authorize them
to accept it in the name of the heir.
The acceptance shall benefit the creditors only to an extent sufficient
to cover the amount of their credits. The excess, should there be any,
shall in no case pertain to the renouncer, but shall be adjudicated to
the persons to whom, in accordance with the rules established in this
Code, it may belong.
This is an instance of accion pauliana the right given to creditors to impugn

or set aside contracts, transactions, or dispositions of their debtors which will
prejudice or defraud them.

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Article 1053. If the heir should die without having accepted or
repudiated the inheritance his right shall be transmitted to his heirs.
The right of the heir who dies before accepting or renouncing is already vested
and is transmitted to the heirs heirs.
Article 1054. Should there be several heirs called to the inheritance,

some of them may accept and the others may repudiate it.
If there are several heirs, their right corresponds to the aliquot share to which
they are entitled.
Article 1055. If a person, who is called to the same inheritance as an

heir by will or by ab intestato, repudiates the inheritance in his
capacity as a testamentary heir, he is understood to have repudiated it
in both capacities.
Should he repudiate it as an intestate heir without knowledge of his
being a testamentary heir, he may still accept it in the latter capacity.
The testamentary disposition is the express will of the testator; the intestacy I
only implied will.
One who renounces the express will is deemed to have renounced the implied
will, but not the other way around.
Article 1056. The acceptance or repudiation of an inheritance, once

made, is irrevocable, and cannot be impugned, except when it was
made through any of the causes that vitiate consent, or when an
unknown will appears.
Exceptions to the rule of finality of acceptance or renunciation:

Vitiated consent
Appearance of an unknown will

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Article 1057. Within 30 days after the court has issued an order for the
distribution of the estate in accordance with the Rules of Court, the
heirs, devisees and legatees shall signify to the court having
jurisdiction whether they accept or repudiate the inheritance.
If they do not do so within that time, they are deemed to have accepted
the inheritance.
*This is implied acceptance.
Kinds of Succession
Article 778. Succession may be:

1. Testamentary;
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2. Legal or intestate; or
3. Mixed.
Testamentary succession
Article 779. Testamentary succession is that which results from the

designation of an heir, made in a will executed in the form prescribed
by law.

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Legal or Intestate succession
Article 960. Legal or intestate succession takes place:

1. If a person dies without a will, or with a void will, or one which has
subsequently lost its validity;
2. When the will does not institute an heir to, or dispose of all the
property belonging to the testator. In such case, legal succession shall
take place only with respect to the property of which the testator has
not disposed;
3. If the suspensive condition attached to the institution of heir does
not happen or is not fulfilled, or if the heir dies before the testator, or
repudiates the inheritance, there being no substitution, and no right
of accretion takes place;
Intestate succession takes place by operation of law in the absence of a valid

will.
Mixed succession
Article 780. Mixed succession is that effected partly by will and partly
by operation of law.
Contractual succession
Article 130. The future spouses may give each other in their marriage
settlements as much as one-fifth of their present property, and with
respect to their future property, only in the event of death, to the
extent laid down by the provisions of this Code referring to
testamentary succession.

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4. When the heir instituted is incapable of succeeding, except in cases

provided in this Code.
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Article 752. The provisions of Article 750 notwithstanding, no person

may give or receive, by way of donation, more than he may give or
receive by will.
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The donation shall be inofficious in all that it may exceed this

limitation.

If the future spouses agree upon a regime other than the absolute
community of property, they cannot donate to each other in their
marriage settlements more than 1/5 of their present property. Any
excess shall be considered void.
Donations of future property shall be governed by the provisions on the
testamentary succession and the formalities of wills.
Compulsory succession

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TESTAMENTARY SUCCESSION
Wills
Definition
Article 783. A will is 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.
Act
Permitted Will-making is purely statutory
Formalities prescribed by law - The requirement of form prescribed
respectively for attested and holographic wills
Control to a certain degree The testators power of testamentary
disposition is limited by the rules on legitimes
After his death Testamentary succession is mortis causa
Characteristics
Article 783. A will is 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.
Article 839 (3) and (4). The will shall be disallowed in any of the
following cases:
3. If it was executed through force or under duress, or the influence of
fear or threats;
4. It is was procured by undue or improper pressure and influence, on
the part of the beneficiary or of some other person.
Article 828. A will may be revoked by the testator at any time before
his death. Any waiver or restriction of this right is void.
A will is essentially revocable or ambulatory. cannot be waived even by the

testator.
A will is revocable at the testators pleasure during his lifetime.
There is no irrevocable will.
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Article 796. All persons who are not expressly prohibited by law may
make a will.
Testamentary capacity the legal capacity to make a will.

All natural persons, unless disqualified by law have testamentary capacity.
Juridical persons are not granted testamentary capacity.
Article 797. Persons of either sex under 18 years of age cannot make a
will.
The law is interested in the legal consequences of the testators mental capacity
or incapacity, not in the medical aspects of mental disease.
As long as the testator, at the time he made the will, was capable of perceiving
3 things has mental capacity, whatever else he may be medically.
o The nature of the estate to be disposed of
o The proper objects of his bounty
o The character of the testamentary act
Article 777. The rights to the succession are transmitted from the
Article 818. Two or more persons cannot make a will jointly, or in the
same instrument, either for their reciprocal benefit or for the benefit
of a third person.
Joint wills are void.

Reasons:
Limitation on the modes of revocation
Diminution of testamentary secrecy
Danger of undue influence
Danger of one testator killing the other
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Article 798. In order to make a will it is essential that the testator be

of sound mind at the time of its execution.
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Article 784. The making of a will is strictly a personal act; it cannot be
left in whole or in part to the discretion of a third person, or
accomplished through the instrumentality of an agent or attorney.
*purely personal character of the will

Non-delegability of will-making It is the exercise of the disposing power
that cannot be delegated.
The following constitute the essence of will-making or the exercise of

the disposing power, and thus non-delegable:
The designation of heirs, devisees, or legatees
The duration or efficacy of such designation
The determination of the portions they are to receive
Article 786. The testator may entrust to a third person the distribution
of specific property or sums of money that he may leave in general to
specified classes or causes, and also the designation of the persons,
institutions or establishments to which such property or sums of
money are to be given or applied.
Exceptions to the rule of non-delegability of will-making

2 things must be determined by the testator
The property or amount of money to be given
The class or the cause to be benefited
2 things may be delegated by the testator
The designation of persons, institutions, or establishments within the class
or cause
The manner of distribution
Article 787. The testator may not make a testamentary disposition in

such manner that another person has to determine whether or not it
is to be operative.
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Article 785. The duration or efficacy of the designation of heirs,

devisees or legatees, or the determination of the portions which they
are to take, when referred to by name, cannot be left to the discretion
of a third person.
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Interpretation of Wills
Article 788. If a testamentary disposition admits of different

interpretations, in case of doubt, that interpretation by which the
disposition is to be operative shall be preferred.
Testacy is preferred to intestacy because the former is the express will of the
decedent whereas the latter is only implied will.
Article 789. When there is an imperfect description, or when no

person or property exactly answers the description, mistakes and
omissions must be corrected, if the error appears from the context of
the will or from extrinsic evidence, excluding the oral declarations of
the testator as to his intention; and when an uncertainty arises upon
the face of the will, as to the application of any of its provisions, the
testators intention is to be ascertained from the words of the will,
taking into consideration the circumstances under which it was made,
excluding such oral declarations.
Two kinds of ambiguity

Latent not obvious on the face of the will
Patent obvious on the face of the will
How to deal with ambiguity
Testacy is preferred to intestacy.
Whether latent or patent ambiguity any evidence admissible and relevant,
excluding in either case oral declarations of the testator as to his intention.
Article 790. The words of a will are to be taken in their ordinary and
grammatical sense, unless a clear intention to use them in another
sense can be gathered, and that other can be ascertained.
Technical words in a will are to be taken in their technical sense,
unless the context clearly indicates a contrary intention, or unless it
satisfactorily appears that the will was drawn solely by the testator,
and that he was unacquainted with such technical sense.
Article 791. The words of a will are to receive an interpretation which

will give to every expression some effect, rather than one which will
render any of the expressions inoperative; and of 2 modes of
interpreting a will, that is to be preferred which will prevent intestacy.

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Article 792. The invalidity of one of several dispositions contained in

a will does not result in the invalidity of the other dispositions, unless
it is to be presumed that the testator would not have made such other
dispositions if the first invalid dispositions had not been made.
*This article makes applicable to wills the severability or separability principle in

statutory construction
Article 794. Every devise or legacy shall convey all the interest which
the testator could devise or bequeath in the property disposed of,
unless it clearly appears from the will that he intended to convey a less
interest.
In a legacy or devise the testator gives exactly the interest he has in the thing.
Article 930. The legacy or devise of a thing belonging to another

person is void, if the testator erroneously believed that the thing
pertained to him. But if the thing bequeathed, though not belonging to
the testator when he made the will, afterwards becomes his, by
whatever title, the disposition shall take effect.

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Article 793. Property acquired after the making of the will shall only
pass thereby, as if the testator has possessed it at the time of the
making of the will, should it expressly appear by the will that such was
his intention.
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TESTAMENTARY CAPACITY AND INTENT
Who may make a will?
Article 796. All persons who are not expressly prohibited by law may
make a will.
Article 797. Persons of either sex under 18 years of age cannot make a
will.
Article 799. To be of sound mind, it is not necessary that the testator

be in full possession of all his reasoning faculties, or that his mind be
wholly unbroken, unimpaired, or unshattered by disease, injury or
other cause.
It shall be sufficient if the testator was able at the time of making of
the will to know the nature of the estate to be disposed of, the proper
objects of his bounty, and the character of the testamentary act.
Article 800. The law presumes that every person is of sound mind, in
the absence of proof to the contrary.
The burden of proof that the testator was not of sound mind at the
time of making his dispositions is on the person who opposes the
probate of the will; but if the testator, one month, or less, before
making his will was publicly known to be insane, the person who
maintains the validity of the will must prove that the testator made it
during a lucid interval.
General Rule: rebuttable presumption of sanity

Exceptions:
When the testator, one month or less, before the execution of the will was
publicly known to be insane
When the testator executed the will after being placed under guardianship or
ordered committed, in either case, for insanity, and before said order has been
lifted.
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Article 798. In order to make a will, it is essential that the testator be

of sound mind at the time of its execution.
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Article 801. Supervening incapacity does not invalidate an effective

will, nor is the will of an incapable validated by the supervening
capacity.
Article 802. A married woman may make a will without the consent
of her husband, and without authority of the court.
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Article 803. A married woman may dispose by will all her separate
property as well as her share of the conjugal partnership or absolute
community property.
Supervening Incapacity
Article 801. Supervening incapacity does not invalidate an effective

will, nor is the will of an incapable validated by the supervening
capacity.
SOLEMNITIES OF WILLS
Kinds of Wills
Article 804. Every will must be in writing and executed in a language

or dialect known to the testator.
Oral wills are not recognized in the Code.

entirely written, dated, and signed by the hand of the testator himself.
It is subject to no other form, and may be made in or out of the

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Notarial Wills
General Requirement

Specific requirements
The testator or the person requested by him to write his name and the
instrumental witnesses of the will, shall also sign, as aforesaid, each
and every page thereof, except the last, on the left margin, and all the
pages shall be numbered correlatively in letters placed on the upper
part of each page.
The attestation shall state the number of pages used upon which the
will is written, and the fact 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,
and that the latter witnessed and signed the will and all the pages
thereof in the presence of the testator and of one another.
If the attestation clause is in a language not known to the witnesses, it
shall be interpreted to them.
Article 806. Every will must be acknowledged before a notary public

by the testator and the witnesses. The notary public shall not be
required to retain a copy of the will, or file another with the office of
the Clerk of Court.
The SPECIFIC Requirements for ATTESTED WILLS:
Subscribed by the testator or his agent at the end thereof in the presence of the
witnesses
o If signed by agent, it must be
In the presence of the testator AND
By the testators express direction
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Article 805. Every will, other than a holographic will, must be

subscribed at the end thereof by the testator himself or by the
testators name written by some other person in his presence, and by
his express direction, and attested and subscribed by 3 or more
credible witnesses in the presence of the testator and of one another.
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o
Signing at the end

If the will contains only dispositive provisions, there will be
no ambiguity as to where the end of the will is.
If the will contains non-dispositive paragraphs after the

testamentary dispositions, one can refer to 2 kinds of end:
Signing before the end invalidates not only the dispositions

that come after, but the entire will. because one of the
statutory requirements is not complied with.
Attested and subscribed by at least 3 credible witnesses in the presence of the

testator and of one another
o
Actual seeing is not required, but the ability to see each other by
merely casting their eyes in the proper direction.
The testator or his agent must sign every page except the last, on the left
margin in the presence of the witnesses
The witnesses must sign every page, except the last on the left margin in the
presence of the testator and of one another
All pages must be numbered correlatively in letters on the upper part of each
page.
There must be an attestation clause stating
The number of pages of the will
That the testator or his agent signed the will and every page thereof,
in the present of the witnesses*
If signed by an agent, that if was under the express direction
of the testator
That the witnesses witnessed and signed the will and every page
thereof in the presence of the testator and one another*
Acknowledged before a notary public
*These are not mentioned in Article 805 but are required to be stated in the
attestation clause. Therefore, these requirements should be complied with.

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Physical end where the writing stops

Logical end where the last testamentary
disposition ends
The signing at the physical end is always permissible
but equally permissible is the signing at the logical
end. The non-dispositive portions are not essential
parts of the will.
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That the requirement that an agent signed in the presence of the testator is not
required to be stated in the attestation clause but as per Article 805 (1) and (2), it
is mandatory.
INDICATION OF DATE There is no requirement that an attested will should
be dated. The variance between the indicated dates of execution and
acknowledgment does not in itself invalidate the will.
Witnesses to a Will
Article 82o. Any person of sound mind and of the age of 18 years or
more, and not blind, deaf or dumb, and able to read and write, may be
a witness to the execution of a will mentioned in Article 805 of this
Code.
1. Any person not domiciled in the Philippines;

2. Those who have been convicted of falsification of a document,
perjury or false testimony;
Six Qualifications of Witnesses

Of sound mind
At least 18 years of age
Not blind, deaf, or dumb
Able to read and write
Domiciled in the Philippines
Must not have been convicted of falsification of a document, perjury or false

testimony
Article 824. A mere charge on the estate of the testator for the
payment of debts due at the time of the testators death does not
prevent his creditors from being competent witnesses to his will.
*This is not testamentary disposition.

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Article 821. The following are disqualified from being witnesses to a

will:
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Supervening Incompetency
Article 822. If the witness attesting the execution of a will are

competent at the time of attesting, their becoming subsequently
incompetent shall not prevent the allowance of the will.
*The execution of the will is the only relevant temporal criterion in the
determination of the competence of the witnesses.
Article 823. If a person attests the execution of a will, to whom or to

whose spouse, or parent, or child, a devise or legacy is given by such
will, such devise or legacy shall, so far only as concerns such person,
or spouse, or parent, or child of such person, or any one claiming
under such person or spouse, or parent, or child, be void, unless there
are 3 other competent witnesses to such will. However, such person
so attesting shall be admitted as a witness as if such devise or legacy
has not been made or given.
This is a disqualification of a witness to succeed to a legacy or devise when

there are only 3 witnesses.
The disqualification applies only to the testamentary disposition made in favor

of the witness or the specified relatives. If the party is also entitled to a legitime
or an intestate share, the portion is not affected by the partys witnessing the
will.
Special Requirements for Deaf, Deaf-mute and Blind Testators
Article 807. If the testator be deaf, or a deaf-mute, he must personally

read the will, if able to do so; otherwise, he shall designate 2 persons
to read it and communicate to him, in some practicable manner the
contents thereof.
Article 808. If the testator is blind, 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.
The provisions of Article 808 are mandatory.

For deaf/deaf-mute testator
If able to read he must read the will personally
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Competency of Interested Witness
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If unable to read he must designate 2 persons to read the will and

communicate to him, in some practicable manner its contents
For blind testator

Must be read to him twice
o Once by one of the subscribing witnesses
o Another time by the notary
Substantial Compliance
Article 809. In the absence of bad faith, forgery or fraud, or undue

and improper pressure and influence, defects and imperfections in
the form of attestation or in the language used therein shall not
render the will invalid if it is proved that the will was in fact executed
and attested in substantial compliance with all the requirements of
Article 805.
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Holographic Wills
General Requirement

Specific Requirements

entirely written, dated and signed by the hand of the testator himself.
It is subject to no other form, and may be made in or out of the
3 Requirements
Entirely handwritten by the testator If other parts of the will are

not handwritten, the entire will is void.
Dated by the testator should include the day, month and year of
execution
Signed by the testator implies signing at the logical end of the will
(Article 812)

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Article 812. In holographic wills, the dispositions of the testator
written below his signature must be dated and signed by him in order
to make them valid as testamentary dispositions.
Article 813. When a number of dispositions appearing in a

holographic will are signed without being dated, and the last
disposition has a signature and date, such date validates the
dispositions preceding it, whatever be the time or prior dispositions.
Formal requirements for additional dispositions in a holographic will:

Signature of the testator
Date
INCORPORATION OF DOCUMENT BY REFERENCE
Article 827. If a will, executed as required by this Code, incorporates

into itself by reference any document or paper, such document or
paper shall not be considered a part of the will unless the following
requisites are present:
1. The document or paper referred to in the will must be in existence
at the time of the execution of the will;
2. The will must clearly describe and identify the same, stating among
other things the number of pages thereof;
3. It must be identified by clear and satisfactory proof as the
document or paper referred to therein; and
4. It must be signed by the testator and the witnesses on each and
every page, except in cases of voluminous books of account or
inventories.
This article refers only to such documents as inventories, books of accounts,

documents of title, and papers of similar nature.
The document should, under no circumstances, make testamentary

dispositions, for then the formal requirements for will would be circumvented.
Only attested wills can incorporate documents by reference since only attested
wills are witnessed.
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If, in the case of several additional dispositions the additional ones before the last
are dated but not signed, only the last will be valid, provided the last is signed and
dated.
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CODICILS
Definition
Article 825. A codicil is a supplement or addition to a will, made after
the execution of a will and annexed to be taken as a part thereof, by
which any disposition made in the original will is explained, added to,
or altered.
Codicil v. subsequent will

Codicil explains, adds to or alters a disposition in a prior will
Subsequent will makes independent and distinct dispositions
An attested will may have a holographic codicil; a holographic will may have
an attested codicil.
The forms of the will and the codicil may concur.
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Article 830. No will shall be revoked except in the following cases:

1. By operation of law; or
2. By some will, codicil, or other writing executed as provided in case
of wills; or
3. By burning, tearing, cancelling, or obliterating the will with the
intention of revoking it, by the testator himself, or by some other
person in his presence, and by his express direction. If burned, torn,
cancelled, or obliterated by some other person, without the express
direction of the testator, the will may still be established, and the
estate distributed in accordance therewith, if its contents, and due
execution, and the fact of its unauthorized destruction, cancellation,
or obliteration are established according to the Rules of Court.
Modes of revoking a will under Philippine law:

By operation of law revocation may be total or partial
o Preterition
o Legal separation
o Unworthiness to succeed
o Transformation, alienation, or loss of the object devised or
bequeathed
o Judicial demand of a credit given as a legacy
By a subsequent will or codicil may be total or partial

o The subsequent instrument must comply with
requirements of a will.
the
formal

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o
The subsequent instrument must either contain an express revocatory

clause or be incompatible with the prior will
By physical destruction - may be done by the testator personally or by

another person acting in his presence and by his express direction
o Burning
o Tearing
o Cancelling
o Obliterating
Effect of unauthorized destruction An attested will may still be proved

as lost or destroyed; A holographic will cannot be probated if it is lost, even if
the lost or destruction was unauthorized, unless a copy survives.
Elements of valid revocation by physical destruction Corpus and

animus must concur; one without the other will not produce revocation.
o Corpus the physical destruction itself; there must be evidence of
physical destruction
o Animus
Capacity and intent to revoke
The testator must have completed everything he intended to
do.
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Solemnities
Article 826. In order that a codicil may be effective, it shall be

executed as in the case of a will.

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REVOCATION OF WILLS AND TESTAMENTARY DISPOSITIONS
Definition of Revocation
A will is ambulatory, which means that a competent testator may change or revoke
it at any time before his death. [legal dictionary]
When may revocation be effected
Article 828. A will may be revoked by the testator at any time before
his death. Any waiver or restriction of this right is void.
A will is essentially revocable or ambulatory characteristic that cannot be

waived by the testator. consistent with the principle that successional
rights vest only upon death.
There is no such thing as an irrevocable will.
A will is revocable at the testators pleasure during his lifetime.
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Law governing revocation
Article 829. A revocation done outside the Philippines, by a person

who does not have his domicile in this country, is valid when it is
done according to the law of the place where the will was made, or
according to the law of the place in which the testator had his
domicile at the time; and if the revocation takes place in this
country, when it is in accordance with the provisions of this Code.
Rules for Revocation
If revocation is made in the Philippines follow Philippine law
If revocation is made outside the Philippines

o
If testator is domiciled in the Philippines

Follow the law of the place where the will was made
OR
Follow the law of the place where the testator is domiciled at

the time of revocation
If testator is domiciled in the Philippines

Follow Philippine law
OR
Follow the law of the place of revocation
OR
Follow the law of the place where the will was made

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Modes of Revocation
Article 830. No will shall be revoked except in the following cases:

1. By implication of law; or
2. By some will, codicil, or other writing executed as provided in
case of wills; or
Modes of revoking a will under Philippine law:

By operation of law revocation may be total or partial
o Preterition
o Legal separation
o Unworthiness to succeed
o Transformation, alienation, or loss of the object devised or
bequeathed
o Judicial demand of a credit given as a legacy
By a subsequent will or codicil may be total or partial

o The subsequent instrument must comply with the formal
requirements of a will.
o The subsequent instrument must either contain an express revocatory
clause or be incompatible with the prior will
By physical destruction - may be done by the testator personally or by

another person acting in his presence and by his express direction
o Burning
o Tearing
o Cancelling
o Obliterating
Effect of unauthorized destruction An attested will may still be proved

as lost or destroyed; A holographic will cannot be probated if it is lost, even if
the lost or destruction was unauthorized, unless a copy survives.
Elements of valid revocation by physical destruction Corpus and

animus must concur; one without the other will not produce revocation.
o Corpus the physical destruction itself; there must be evidence of
physical destruction
o Animus
Capacity and intent to revoke
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3. By burning, tearing, cancelling or obliterating the will with

intention of revoking it, by the testator himself, or by some other
person in his presence, and by his express direction. If burned,
torn, cancelled or obliterated by some other person, without the
express direction of the testator, the will may still be established,
and the est
ate distributed in accordance therewith, if its contents, and due
execution, and the fact of its unauthorized destruction,
cancellation, or obliteration are established according to the Rules
of Court.
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The testator must have completed everything he intended to

do.
Effect of Revocation
The present rule is that the execution of a subsequent will does not
ipso facto revoke a prior one.
The revocation of a will by a subsequent will or codicil may be express or

implied.
o Express revocatory clause
o Implied incompatibility
Article 832. A revocation made in a subsequent will shall take effect,

even if the new will should become inoperative by reason of the
incapacity of the heirs, devisees or legatees designated therein, or
by their renunciation.
Revocation is an absolute provision, independent of the acceptance or capacity

of the new heirs.
The efficacy of the revocatory clause does not depend on the testamentary
dispositions of the revoking will, unless the testator so provides.
Article 833. A revocation of a will based on a false cause or illegal

cause is null and void.
Wills are revocable ad nutum. at the testators pleasure

The testator does not have to have a reason or a cause for revoking. However,
because the law respects the testators true intent, this article sets aside a
revocation that does not reflect such intent.
The rule in this article regarding the nullity of revocation for an

illegal cause limits the freedom of the testator.
o Limitation is for consideration of public policy

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Article 831. Subsequent wills which do not revoke the previous ones
in an express manner, annul only such dispositions in the prior
wills as are inconsistent with or contrary to those contained in the
later wills.
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Requisites for the application of Article 833 regarding revocation

for a false cause:
o
The cause must be concrete, factual and not purely subjective
It must be false
The testator must not know of its falsity
It must appear from the will that the testator is revoking because of
the cause which is false.
Recognition is an irrevocable act.

o That part of the will which recognizes an illegitimate child is not
revocable.
o Even if the will is revoked, the recognition remains effective.
Under the Family Code, admission of illegitimate filiation in a will would

constitute proof of illegitimate filiation (Article 175).
Doctrine of Dependent Relative Revocation

Where the act of destruction is connected with the making of another will so as
fairly to raise the inference that the testator meant the revocation of the old to
depend upon the efficacy of the new disposition; and if, for any reason, the new
will intended to be made as a substitute is inoperative, the revocation fails and the
original will remains in full force.
Dependent relative revocation applies only if it appears that the testator

intended his act of revocation to be conditioned on the making of a new will or
on its validity, or efficacy.
REPUBLICATION AND REVIVAL OF WILLS
Article 835. The testator cannot republish, without reproducing in

a subsequent will, the dispositions contained in a previous one
which is void as to its form.

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Article 834. The recognition of an illegitimate child does not lose its
legal effect, even though the will wherein it was made should be
revoked.
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Article 836. The execution of a codicil referring to a previous will
has the effect of republishing the will as modified by the codicil.
If the testator wishes to republish a will that is void as to form, the only way is
to execute a subsequent will and reproduce the dispositions of the
original will.
o
Mere reference to the prior will in the subsequent will is not enough.
If the testator wishes to republish a will that is void for a reason other than a
formal defect or is previously revoked, the only thing necessary is to execute
a subsequent will or codicil referring to the previous will.
o
There is no need to reproduce the provisions of the prior will in the

subsequent instrument.
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Article 837. If after making a will, the testator makes a second will
expressly revoking the first, the revocation of the second will does
not revive the first will, which can be revived only by another will or
codicil.
The terms of this article apply only where the revocation of the first will by the
second will is express.
o If the revocation id implied, this article will not apply.
This article is based on the theory of instant revocation revocatory effect of

the second will is immediate.
To be effective, the second will must be probated.

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ALLOWANCE OF WILLS
Article 838. No will shall pass either real or personal property

unless it is proved and allowed in accordance with the Rules of
Court.
The testator himself may, during his lifetime, petition the court
having jurisdiction for the allowance of his will. In such case, the
pertinent provisions of the Rules of Court for the allowance of wills
after the testators death shall govern.
The Supreme Court shall formulate such additional Rules of Court
as may be necessary for the allowance of will on petition of the
testator.
Subject to the right of appeal, the allowance of the will, either
during the lifetime of the testator or after his death, shall be
conclusive as to its due execution.
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Probate of a will is mandatory.
Concept of Probate
Necessity of Probate

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Modes of Probate
Post-mortem after the testators death

Ante-mortem during the lifetime of the testator
Requirements for Probate
Article 811. In the probate of a holographic will, it shall be necessary

that at least one witness who knows the handwriting and signature
of the testator explicitly declare that the will and signature are in
the handwriting of the testator. If the will is contested, at least three
of such witnesses shall be required.
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In the absence of any competent witness referred to in the

preceding paragraph, and if the Court deem it necessary, expert
testimony may be resorted to.
Effect of allowance of wills

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DISALLOWANCE OF WILLS
Article 839. The will shall be disallowed in any of the following

cases:
1. If the formalities required by law have not been complied with;
2. If the testator was insane; or otherwise mentally incapable of
making a will, at the time of its execution;
3. If it was executed through force or under duress, or the influence
of fear, or threats;
4. If it was procured by undue and improper pressure and
influence, on the part of the beneficiary or of some other person;
5. If the signature of the testator was procured by fraud;
A will is either valid or void.

If any of these grounds for disallowance is proved, the will be set aside as void.
The issue of formal validity or nullity is precisely what the probate proceedings
will determine.
A probate decree once final, forecloses any subsequent challenge on any of the
matters enumerated in this article.
Article 1335. There is violence when in order to wrest consent, serious or irresistible force is
employed.
There is intimidation when one of the contracting parties is compelled by a reasonable and wellgrounded fear of an imminent and grave evil upon his person or property, or upon the person or
property of his spouse, descendants or ascendants, to give his consent.
To determine the degree of intimidation, the age, sex and condition of the person shall be borne
in mind.
A threat to enforce one's claim through competent authority, if the claim is just or legal, does not
vitiate consent. (1267a)
Article 1336. Violence or intimidation shall annul the obligation, although it may have been
employed by a third person who did not take part in the contract. (1268)
Article 1337. There is undue influence when a person takes improper advantage of his power
over the will of another, depriving the latter of a reasonable freedom of choice. The following
circumstances shall be considered: the confidential, family, spiritual and other relations between
the parties, or the fact that the person alleged to have been unduly influenced was suffering from
mental weakness, or was ignorant or in financial distress. (n)
Article 1338. There is fraud when, through insidious words or machinations of one of the
contracting parties, the other is induced to enter into a contract which, without them, he would
not have agreed to. (1269)

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6. If the testator acted by mistake or did not intend that the

instrument he signed should be his will at the time of affixing his
signature thereto.
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LEGITIME
Concept
Article 886. Legitime is 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.
Who are entitled to legitimes: Compulsory heirs
Article 887. The following are compulsory heirs:

1. Legitimate children and descendants, with respect to their legitimate
parents and ascendants;
3. The widow or widower;

4. Acknowledged natural children, and natural children by legal fiction;
5. Other illegitimate children referred to in Article 287.
Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by
those in Nos. 1 and 2; neither do they exclude one another.
In all cases of illegitimate children, their filiation must be duly proved.
The father or mother of illegitimate children of the three classes
mentioned, shall inherit from them in the manner and to the extent
established by this Code.
[Balane]
The enumeration is exclusive and may be classified as follows:
Primary compulsory heirs They are so called because they are preferred
over, and exclude, the secondary
o
legitimate children The law does not specify how the legitimate
children should share in the legitime. There is universal agreement,
however, that they will share equally, regardless of age, sex, or
marriage of origin
Specified in Articles 164 and 54 of the Family Code
Legitimated children fall under this classification Article

179, Family Code

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2. In default of the foregoing, legitimate parents and ascendants, with

respect to their legitimate children and descendants;
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legitimate descendants The general rule is that the nearer exclude

the more remote.
If all children are qualified, grandchildren are excluded, and
so on.
The qualification to this rule is representation, when proper.
Secondary compulsory heirs They are so called because they receive

legitimes only in default of the primary
o
legitimate parents and/or ascendants only in default of the

legitimate children/descendants
Legitimate parents
The adopter has, in relation to the adopted, the same
successional right as legitimate parents.
Under Sec 18, RA 8552, the adopted displaces the
biological parents in the successional scheme relative
to the estate of the adopted.
Legitimate ascendants
Only in default of parents
The rule, absolute in the ascending line is: The nearer
exclude the more remote.
illegitimate parents only in default of any kind of children/

descendants
The illegitimate ascending line includes only parents. It does
not go beyond the parents.
The illegitimate parents are secondary heirs of a lower
category that legitimate parents, because the illegitimate
parents are excluded by legitimate and illegitimate children
whereas legitimate parents are excluded only by legitimate
children/descendants.
Concurring compulsory heirs They are so called because they succeed

as compulsory heirs together with primary or secondary heirs; except only that
illegitimate children/descendants exclude illegitimate parents
o
surviving spouse the spouse of the decedent, not the spouse of a

child who has predeceased the decedent
The marriage between the decedent and the surviving spouse
must either be valid or voidable.
If voidable, there should have been no final decree of
annulment at the time of the decedents death.
Mere estrangement is not a ground for the
disqualification of the surviving spouse
Legal separation the petition is dismissed if either
spouse dies during the pendency of the case but if
there is already a final decree
o Offending spouse disqualified to inherit
o Innocent spouse none; still qualified to
inherit
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Adopted children have, in relation to their adopters, the same

successional rights as legitimate children Sections 17 and
18 of RA 8552, Domestic Adoption Act of 1998
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o
illegitimate children
The Family Code has abolished the distinction between
natural and spurious children and gives all of them equal
legitimary portions; all are illegitimate children
However, pursuant to Article 777, if death occurred before the
effectivity of the Family Code on 3 August 1988, the old
distinctions will apply and the spurious child gets only 4/5 the
share of the natural (Article 895).
illegitimate descendants The same rule applies here as in the

legitimate descending line: The nearer exclude the more remote,
without prejudice to representation when proper.
The illegitimate child can be represented by both legitimate
and illegitimate descendants, as distinguished from the
legitimate child, who can be represented only by legitimate
descendants
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Article 902. The rights of illegitimate children set forth in the preceding
articles are transmitted upon their death to their descendants whether
legitimate or illegitimate.
Concurrence of compulsory heirs and their corresponding legitimes
Article 888. The legitime of of legitimate children and descendants

consists of one-half of the hereditary estate of the father and of the
mother.
The latter may freely dispose of the remaining half, subject to the rights
of illegitimate children and of the surviving spouse as hereinafter
provided.
The legitimate children share the in equal parts, regardless of age, sex or
marriage origin.
Adopted children succeed the adopter in the same manner as legitimate
children by blood.
Descendants other than children
o General rule: the nearer exclude the more remote
Qualification - representation
o Grandchildren cannot inherit since the children will bar them unless all
the children renounce.
o There is no limit to the number of degrees in the descending line
that may be called to succeed, whether in their own right or by
representation.

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Article 889. The legitime of legitimate parents or ascendants consists of
one-half of the hereditary estates of their children and descendants.
The children or descendants may freely dispose of the other half,
subject to the rights of illegitimate children and of the surviving spouse
as hereinafter provided.
Article 890. The legitime reserved for the legitimate parents shall be
divided between them equally; if one of the parents should have died,
the whole shall pass to the survivor.
The legitimate ascending line succeeds only in default of the legitimate

descending line.
3 Basic Rules Governing Succession in the Ascending Line

o
The nearer exclude the more remote.

No qualification, since there is no representation in the
ascending line.
Division by line
Applies when there are more than 1 ascendant in the nearest
degree. The legitime shall then be divided in equal parts
between the paternal line and the maternal line.
Equal division within the line

After the portion corresponding to the line has been assigned,
there will be equal apportionment between or among the
recipients within the line, should there be more than one.
Article 892. If only one legitimate child or descendant of the deceased

survives, the widow or widower shall be entitled to one-fourth of the
hereditary estate. In case of a legal separation, the surviving spouse
may inherit if it was the deceased who had given cause for the same.
If there are two or more legitimate children or descendants, the
surviving spouse shall be entitled to a portion equal to the legitime of
each of the legitimate children or descendants.
In both cases, the legitime of the surviving spouse shall be taken from
the portion that can be freely disposed of by the testator.

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If the testator leaves neither father nor mother, but is survived by

ascendants of equal degree of the paternal and maternal lines, the
legitime shall be divided equally between both lines. If the ascendants
should be of different degrees, it shall pertain entirely to the ones
nearest in degree of either line.
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1 legitimate child/descendant + surviving spouse
1 legitimate child
Surviving spouse
2 or more legitimate children/descendants + surviving spouse
Legitimate children or descendants
Surviving spouse equivalent to the share of each of the legitimate
children or descendants
o What if the children predecease (or are disinherited or unworthy
to succeed), all the grandchildren would then inherit per stirpes
(by representation), and therefore in different amounts.
practical solution will still be to give the spouse the
share that each child would have gotten if qualified.
With final decree

o Deceased is the offending spouse surviving spouse gets legitime
o Deceased is the innocent spouse surviving spouse is disqualified
from inheriting
o There is reconciliation after final decree reciprocal right to
inherit is restored
Death pendente lite the proceedings are terminated and the

surviving spouse inherits from the deceased spouse
Termination of marriage by reappearance of prior spouse /

decree of annulment or absolute nullity of marriage
o Article 41-43 of the Family Code Spouse who contracted the
subsequent marriage in bad faith shall be disqualified to inherit
from the innocent spouse by testate and intestate succession
Article 893. If the testator leaves no legitimate descendants, but leaves

legitimate ascendants, the surviving spouse shall have a right to onefourth of the hereditary estate.
This fourth shall be taken from the free portion of the estate.
No legitimate descendants + legitimate ascendants + surviving spouse

o Legitimate ascendants
o Surviving spouse
Article 894. If the testator leaves illegitimate children, the surviving

spouse shall be entitled to one-third of the hereditary estate of the
deceased and the illegitimate children to another third. The remaining
third shall be at the free disposal of the testator.

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If there is legal separation
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Illegitimate children + surviving spouse

o Illegitimate children 1/3
o Surviving spouse 1/3
o Free portion 1/3
Death during the effectivity of the Family Code sharing of illegitimate

children will be equal
Death before the effectivity of the Family Code old distinctions will apply
o Spurious child 4/5 of the natural child
Article 895. The legitime of each of the acknowledged natural children

and each of the natural children by legal fiction shall consists of onehalf of the legitime of each of the legitimate children or descendants.
The legitime of the illegitimate children shall be taken from the portion
of the estate at the free disposal of the testator, provided that in no case
shall the total legitime of such illegitimate children exceed that free
portion, and that the legitime of the surviving spouse must first be fully
satisfied.
*pro tanto amended by Articles 163, 165 and 176 of the Family Code
1 legitimate child + illegitimate children + surviving spouse

o Legitimate child
o Illegitimate children
o Surviving spouse
Legitimate children + 1 illegitimate child + surviving spouse

o Legitimate children (collectively)
o Surviving spouse share of 1 legitimate child
o Illegitimate child of share of one legitimate child
Sharing prior to Family Code

o Concurrence of natural and spurious children
Natural child share of one legitimate child
Spurious child 4/5 of the share of one natural child
Reduction of shares in case the total legitimes will exceed the entire
estate
o Legitimes of legitimate children should never be reduced.
o Legitime of the surviving spouse should never be reduced.
o Legitimes of illegitimate children will be reduced pro rata and without
preference among them.

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The legitime of an illegitimate child who is neither an acknowledged

natural, nor a natural child by legal fiction, shall be equal in every case
to four-fifths of the legitime of an acknowledged natural child.
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Article 896. Illegitimate children who may survive the legitimate
parents or ascendants of the deceased shall be entitled to one-fourth of
the hereditary estate to be taken from the portion at the free disposal of
the testator.
Illegitimate children + legitimate parents

Sharing depends on date of death (FC or CC)
o Legitimate parents
sharing depends on Arts. 889-890
Article 898. If the widow or widower survives with legitimate children

or descendants, and with illegitimate children other than
acknowledged natural, or natural children by legal fiction, the share of
the surviving spouse shall be the same as that provided in the preceding
article.
*Articles 897 and 898 are reiterations of rules in Articles 892 and 895.
Article 899. When the widow or widower survives with legitimate

parents or ascendants and with illegitimate children, such surviving
spouse shall be entitled to one-eighth of the hereditary estate of the
deceased which must be taken from the free portion, and the
illegitimate children shall be entitled to one-fourth of the estate which
shall be taken also from the disposable portion. The testator may freely
dispose of the remaining one-eighth of the estate.
Surviving spouse + legitimate parents + illegitimate children

o Legitimate parents
Sharing : Articles 889-890
Consider date of death for the sharing

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children or descendants, and acknowledged natural children, or
natural children by legal fiction, such surviving spouse shall be entitled
to a portion equal to the legitime of each of the legitimate children
which must be taken from that part of the estate which the testator can
freely dispose of.
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Article 900. If the only survivor is the widow or the widower, she or he
shall be entitled to one-half of the hereditary estate of the deceased
spouse, and the testator may freely dispose of the other half.
If the marriage between the surviving spouse and the testator was
solemnized articulo mortis, and the testator died within 3 months from
the time of marriage, the legitime of the surviving spouse as the sole
heir shall be one-third of the hereditary estate, except when they have
been living as husband and wife for more than 5 years. In the latter case,
the legitime of the surviving spouse shall be that specified in the
preceding paragraph.
Surviving Spouse as the sole compulsory heir
Exception 1/3 of the estate, if the following circumstances are present:

Marriage was in articulo mortis
o Testator died within 3 months from the time of marriage
o The parties did not cohabit for more than 5 years
o The spouse who died was the party in articulo mortis at the time of the
marriage
Article 901. When the testator dies leaving illegitimate children and no
other compulsory heirs, such illegitimate children shall have a right to
one-half of the hereditary estate of the deceased.
The other half shall be at the free disposal of the testator.
Illegitimate children only

o of the estate collectively
Sharing depends on the date of death
Article 903. The legitime of the parents who have an illegitimate child,
when such child leaves neither legitimate descendants, nor a surviving
spouse, nor illegitimate children, is one-half of the hereditary estate of
such illegitimate child. If only legitimate or illegitimate children are
left, the parents are not entitled to any legitime whatsoever. If only the
widow or widower survives with parents of the illegitimate child, the
legitime of the parents is one-fourth of the hereditary estate of the child,
and that of the surviving spouse also one-fourth of the estate.

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General Rule of the estate
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Illegitimate parents only

o of the estate
o Note: In the illegitimate ascending line, the right is only up to parents
only.
Illegitimate parents + surviving spouse

o Illegitimate parents
Restrictions regarding the legitime
Article 904. The testator cannot deprive his compulsory heirs of their
legitime, except in cases expressly specified by law.
GENERAL RULE: The legitime is not within the testators control. It

passes to the compulsory heirs by strict operation of law.
EXCEPTION: Disinheritance
The testator is devoid of power to impose burdens on the legitime.
Article 872. The testator cannot impose any charge, condition or

substitution whatsoever upon the legitimes prescribed in this Code.
Should he do so, the same shall be considered as not imposed.
Article 905. Every renunciation or compromise as regards future

legitime between the person owing it and his compulsory heirs is void,
and the latter may claim the same upon the death of the former; but
they must bring to collation whatever they may have received by virtue
of the renunciation or compromise.
Scope of Prohibition: This article applies only to transactions of compromise

or renunciation between the predecessor and prospective compulsory heir.
Reason: Before the predecessors death, the heirs right is simply inchoate.
Duty to collate Any property which the compulsory heir may have gratuitously
received from his predecessor by virtue of renunciation or compromise will be
considered an advance on his legitime and must be duly credited.

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Neither can he impose upon the same any burden, encumbrance,

condition, or substitution of any kind whatsoever.
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Article 906. Any compulsory heir to whom the testator has left by any
title less than the legitime belonging to him may demand that the same
be fully satisfied.
The rule applies only to transmissions by gratuitous title.

Right of completion of legitime
Principle Anything that a compulsory heir receives by gratuitous title from the
predecessor is considered an advance on the legitime and is deducted therefrom.
Exceptions
Article 1062 If the predecessor gave the compulsory heir a donation
inter vivos and provided that it was not to be charged against the legitime.
Article 1063 Testamentary dispositions made by the predecessor to
the compulsory heir, unless the testator provides that it should be
considered part of the legitime.
Article 907. Testamentary dispositions that impair or diminish the

legitime of the compulsory heirs shall be reduced on petition of the
same, insofar as they may be inofficious or excessive.
*should be read together with Article 911
If the testamentary dispositions exceed the disposable portion, the compulsory
heirs may demand their reduction to the extent that the legitimes have been
impaired.
To allow the testator to make testamentary dispositions that impair the legitime
would in effect allow him to deprive the compulsory heirs of part of their legitimes.
not allowed by Article 904.
including future things, may be the object of a contract. All rights which
are not intransmissible may also be the object of contracts.
No contract may be entered into upon future inheritance except in cases
expressly authorized by law.
All services which are not contrary to law, morals, good customs, public
order, or public policy may likewise be the object of a contract.

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Determination or computation
Article 908. To determine the legitime, the value of the property left at
the death of the testator shall be considered, deducting all debts and
charges, which shall not include those imposed in the will.
To the net value of the hereditary estate, shall be added the value of all
donations by the testator that are subject to collation, at the time he
made them.
3 STEPS
2. Deducting unpaid debts and charges

All unpaid obligation of the decedent should be deducted from the gross
assets.
Only those obligations with monetary value which are not extinguished by
death are considered here.
o Those which are purely personal are not taken into account.
The difference between the gross assets and the unpaid
obligations will be the available assets.
3. Adding the value of donations inter vivos
The donations inter vivos shall be valued as of the time they were
respectively made.
Any increase or decrease in value from the time of donation to the time of
decedents death shall be for the donees account, since donation transfers
ownership to the donee.
The sum of the available assets and all the donations inter vivos is the net
hereditary estate.
Article 909. Donations given to children shall be charged to their

legitime.
Donations made to strangers shall be charged to that part of the estate
of which the testator could have disposed by his last will.
Insofar as they may be inofficious or may exceed the disposable
portion, they shall be reduced according to the rules established by this
Code.

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1. Inventory of all the existing assets

Appraisal/valuation of existing assets at the time of the decedents death
Properties included: Only those that survive the decedent (those that
are not extinguished by death)
The value determined by this inventory will constitute gross
assets
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Article 910. Donations which an illegitimate child may have received
during the lifetime of his father or mother, shall be charged to his
legitime.
Should they exceed the portion that can be freely disposed of, they shall
be reduced in the manner prescribed by this Code.
Articles 909-910
The rule applies to all compulsory heirs.
o
o
Exception: The rule of imputation to the legitime will not apply if the donor
provided otherwise, in which case the donation will be imputed to the
disposable portion of the estate.
Donation inter vivos to strangers

A stranger is anyone who does not succeed as a compulsory heir.
Donations inter vivos to strangers are necessarily imputed to the disposable
portion.
Article 911. After the legitime has been determined in accordance with
the 3 preceding articles, the reduction shall be made as follows:
1. Donations shall be respected as long as the legitime can be covered,
reducing or annulling, if necessary, the devises or legacies made in the
will;
2. The reduction of the devises or legacies shall be pro rata, without any
distinction whatever.
If the testator has directed that a certain devise or legacy be paid in
preference to others, it shall not suffer any reduction until the latter
have been applied in full to the payment of the legitime.
3. If the devise or legacy consists of a usufruct or life annuity, whose
value may be considered greater than that of the disposable portion,
the compulsory heirs may choose between complying with the
testamentary provision and delivering to the devisee or legatee the part
of the inheritance of which the testator could freely dispose.
This provision implements the principle of inviolability of the legitime

If the legitime is impaired, the gratuitous dispositions of the testator, either inter
vivos or mortis causa, have to be set aside or reduced as may be required to cover
the legitimes.
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Applies to ascendants (though they are inadvertently omitted

Does not apply to a surviving spouse, except in cases of donations
propter nuptias and moderate gifts
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Method of Reduction
Order of priorities in the reduction of the testators gratuitous
dispositions
1. Reduce pro-rata the non-preferred legacies and devises, and the
testamentary dispositions.
There is no preference among these legacies, devises and testamentary
dispositions.
2. Reduce pro-rata the preferred legacies and devises.
3. Reduce the donations inter vivos according to the inverse order of
their dates.
The oldest is the most preferred.
The testator can impose no usufruct or any other encumbrance on the

part that passes as legitime.
The compulsory heirs may elect between ceding to the devisee/legatee

the free portion (or the proportional part thereof corresponding to the
said legacy/devise, in case there are other dispositions), and
complying with the terms of the usufruct or life annuity or pension.
Article 912. If the devise subject to reduction should consist of real

property, which cannot be conveniently divided, it shall go to the
devisee if the reduction does not absorb one-half of its value; and in a
contrary case, to the compulsory heirs; but the former and the latter
shall reimburse each other in cash for what respectively belongs to
them.
The devisee who is entitled to a legitime may retain the entire property,
provided its value does not exceed that of the disposable portion and of
the share pertaining to him as legitime.
This article covers cases where

The devise has to be reduced
The thing given as devise is indivisible
Rules:
If the extent of reduction is less than of the value of the thing should be
given to the devisee
If the extent of reduction is or more of the value of the thing should be

given to the compulsory heir
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Important
principles
Devises/legacies
of
usufruct/life
annuities/pensions
If the value of the grant exceeds the free portion, it has to be reduced,
because the legitime cannot be impaired.
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In either case, there should be pecuniary reimbursement to the party who did
not get his physical portion of the thing devised.
Article 913. If the heirs or devisees do not choose to avail themselves of

the right granted by the preceding article, any heir or devisee who did
not have such right may exercise it; should the latter not make use of it,
the property shall be sold at public auction at the instance of any one of
the interested parties.
If neither party elects to exercise his right under Article 912

Any other heir or devisee, who elects to do so, may acquire the thing and pay
the parties their respective shares in money;
If no heir or devisee elects to acquire it, it shall be sold at a public auction and
the net proceeds accordingly divided between the parties concerned.
Constructive partition similar to that of co-ownership and in partition of the

decedents estate, except that, in these 2 cases, the acquisition by one of the coowners or co-heirs can be done only if all co-owners or co-heirs agree to such
acquisition.
COLLATION
Collation as computation - This is a simple accounting or arithmetical
process, whereby the value of all donations inter vivos made by the decedent is
added to his available assets in order to arrive at the value of the net hereditary
estate.
Collation as imputation - This is the process by which donations inter vivos
made by the decedent are correspondingly charged either to the donees legitime
or against the disposable portion.
Collation as return This takes place when a donation inter vivos is found to
be inofficious and so much of its value as is inofficious is returned to the decedents
estate to satisfy the legitimes.
Article 1061. Every compulsory heir, who succeeds with other

compulsory heirs, must bring into the mass of the estate any property
or right which he may have received from the decedent, during the
lifetime of the latter, by way of donation, or any other gratuitous title,
in order that it may be computed in the determination of the legitime
of each heir, and in the account of the partition.
This article refers to computation of all donations inter vivos made by the
decedent, for the purpose of determining the value of the net estate.
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Purpose to determine the amount of the net estate so as to ensure that the
legitimes are not impaired.
What should be included in the computation All donations inter vivos
whether made to compulsory heirs or to strangers.
Value to be computed Only the value of the property at the time the donation
was made
Article 1062. Collation shall not take place among compulsory heirs if
the donor should have so expressly provided, or if the donee should
repudiate the inheritance, unless the donation should be reduced as
inofficious.
This article refers to collation as imputation

Donations inter vivos made by the decedent to a compulsory heir are, as a general
rule, imputed to or charged against the heirs legitime.
Donations inter vivos to compulsory heirs

o Apply Articles 909-910
o
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Rules on imputation of donations inter vivos
Exceptions
If the donor provides otherwise; OR
If the donee renounces the inheritance, because in this case
the donee gives up his status as a compulsory heir and
therefore cannot be considered as one
In case either exception applies, the donation will have to be imputed
to the free portion.
Donations inter vivos to strangers imputed to the free portion
Instances when donations inter vivos are to be imputed to the free

portion:
When made to strangers
When made to compulsory heirs, and the donor so provides
When made to compulsory heirs who renounce the inheritance
When in excess of the compulsory heirs legitime, as to the excess
Article 1063. Property left by will is not deemed subject to collation, if

the testator has not otherwise provided, but the legitime shall in any
case remain unimpaired.

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Rule on testamentary dispositions to compulsory heirs
GENERAL RULE: They should not be imputed to the legitime, but to the free
portion. Hence, the compulsory heir receives the testamentary disposition in
addition to his legitime.
Exception: If the testator provides otherwise. The testamentary disposition in
favor of the heir will be merged with his legitime. (illusory disposition)
Article 1064. When grandchildren, who survive with their uncles,

aunts, or cousins, inherit from their grandparents in representation of
their father or mother, they shall bring to collation all that their
parents, if alive, would have been obliged to bring, even though such
grandchildren have not inherited the property.
Article 1065. Parents are not obliged to bring to collation in the

inheritance of their ascendants any property which may have been
donated by the latter to their children.
A person should not collate what his parent gave to his child. The parent is
not the recipient of the conveyance.
The donation to the grandchild should be imputed to the free portion

donation to a stranger.
Article 1066. Neither shall donations to the spouse of the child be

brought to collation; but if they have been given by the parent to the
spouses jointly, the child shall be obliged to bring to collation one-half
of the thing donated.
Donations made by a person to his son-in-law or daughter-in-law are separate

property of the donee and, logically, should not be imputed to the legitime of
the donors child. The donation is one made to a stranger.
If the donation is made to the spouses jointly, belongs to the donors child
and should be treated in accordance with Article 1062 and the other half is the
property of the donors son- or daughter-in-law and should be treated as a
donation to a stranger.
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They shall also bring to collation all that they may have received from
the decedent during his lifetime, unless the testator has provided
otherwise, in which case his wishes must be respected, if the legitime
of the co-heirs is not prejudiced
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Article 1067. Expenses for support, education, medical attendance,
even in extraordinary illness, apprenticeship, ordinary equipment, or
customary gifts are not subject to collation.
This article refers to collation as computation.
It would be extremely impractical, if not impossible, to make an accounting of

all items mentioned in this article.
Support in this article is more restricted It does not include expenses for the
recepients professional, vocational, or other career, because those items are
governed by Article 1068.
General Rule: The expenses incurred by parents for the childs professional,
vocational, or other career are an exception to the rule laid down in Article
1062. Hence, the expenses, if not inofficious, although donations, should not
be charged against the recipients legitime, but against the free portion, unless
the parents provide otherwise.
Should the parents provide otherwise, the child is entitled to deduct from the
said amount the sum corresponding to what his parents would have spent on
him had he stayed at home and loafed.
Article 1069. Any sums paid by a parent in satisfaction of the debts of

his children, election expenses, fines, and similar expenses shall be
brought to collation.
This article refers to collation as imputation.

The items mentioned in this article constitute donations by the parent to the child,
and therefore, should be treated like other donations to compulsory heirs.

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Article 1068. Expenses incurred by the parents in giving their children

a professional, vocational or other career shall not be brought to
collation unless the parents so provide, or unless they impair the
legitime; but when their collation is required, the sum which the child
would have spent if he had lived in the house and company of his
parents shall be deducted therefrom.
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Article 1070. Wedding gifts by parents and ascendants consisting of
jewelry, clothing, and outfit, shall not be reduced as inofficious except
insofar as they may exceed one-tenth of the sum which is disposable by
will.
This article applies only to wedding gifts given by parents or ascendants to children
or descendants.
The value of such wedding gifts cannot go beyond 1/10 of the free portion of
the donors estate.
Any excess will be considered inofficious and should be returned in the same
manner and at the same time as other inofficious donations.
Their subsequent increase or deterioration and even their total loss or

destruction, be it accidental or culpable, shall be for the benefit or
account and risk of the donee.
This article refers to collation as imputation and computation.

1. Only the value of the thing donated at the time the donation was made should be
considered in the computation of the donors estate.
2. Only the things value at the time of the donation was made should be imputed
whether to the legitime or to the free portion.
Any appreciation or depreciation of the thing after that time should be for the
donees account, since the donation transfers ownership to him.
Article 1072. In the collation of a donation made by both parents, onehalf shall be brought to the inheritance of the father, and the other half,
to that of the mother. That given by one alone shall be brought to
collation in his or her inheritance.
This article refers to collation as imputation and computation.

Joint donations - A joint donation made by the parents will be treated, upon
the dissolution of the property regime, as pertaining in equal shares to the estate
of each.
Donations by one parent alone will be separately-owned property and
should be treated as such.

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Article 1071. The same things donated are not to be brought to collation
and partition, but only their value at the time of the donation, even
though their just value may not then have been assessed.
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Article 1073. The donees share of the estate shall be reduced by an
amount equal to that already received by him; and his co-heirs shall
receive an equivalent, as much as possible, in property of the same
nature, class and quality.

This article requires not only equivalence in amount, but, as far as possible, also in
the kind of property received.
This will yield to a different agreement among the heirs.
If the property donated was movable, the co-heirs shall only have a
right to select an equivalent of other personal property of the
inheritance at its just price.
Article 1075. The fruits and interest of the property subject to collation
shall not pertain to the estate except from the day on which the
succession is opened.
For purposes of ascertaining their amount, the fruits and interest of the
property of the estate of the same kind and quality as that subject to
collation shall be made the standard of assessment.
This article refers to collation as return.

Rationale: If any donation turns out to be inofficious, then the obligation to
return it to the estate arises as of the time the succession vests (time of decedents
death) because it is from that time that the compulsory heirs right to the
inheritance becomes absolute. From that time therefore, the compulsory heir is
entitled to the fruits.
Extent of right to fruits
The entirety of the fruits and interests shall pertain to the compulsory heir,
only if the donation is totally inofficious.
If the donation is only partially inofficious, the right to the fruits and interests
shall be prorated between the compulsory heir and the donee, in proportion to
their respective interests over the property.
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Article 1074. Should the provisions of the preceding article be

impracticable, if the property donated was immovable, the co-heirs
shall be entitled to receive its equivalent in cash or securities, at the
rate of quotation; and should there be neither cash nor marketable
securities in the estate, so much of the other property as may be
necessary shall be sold at public auction.
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Article 1076. The co-heirs are bound to reimburse to the donee the
necessary expenses which he has incurred for the preservation of the
property donated to him, though they may not have augmented its
value.
The donee who collates in kind an immovable which has been given to
him, must be reimbursed by his co-heirs for the improvements which
have increased the value of the property, and which exist at the time the
partition is effected.
As to works made on the estate for the mere pleasure of the done, no
reimbursement is due him for them; he has, however, the right to
remove them, if he can do so without injuring the estate.
This article refers to collation as return.

The rule laid down by this article govern necessary, useful and ornamental
expenses incurred by the donee who is now obliged to return.
Necessary expenses Reimbursement must be to the full extent of the expenses

incurred.
Useful expenses Reimbursement must be to the full extent provided that the
improvement is still in existence.
Ornamental expenses No reimbursement demandable, but right of removal
granted if no injury to the estate will be caused.
Partial Return
Necessary and useful expenses reimbursement is also partial, in proportion
to the value to be returned
Ornamental expenses same as in total return, unless the property is
physically divided and the ornament happens to be located in the portion assigned
to the donee, in which case he will have all the rights of ownership.
Article 1077. Should any question arise among the co-heirs upon the
obligation to bring to collation or s to the things which are subject to
collation, the distribution of the estate shall not be interrupted for this
reason, provided adequate security is given.
The division and distribution of the estate can be made partially, should there be
controversy as to the inclusion of certain items either in the computation of the
estates value or the imputation of heirs shares. The distribution can proceed on
the items that are not controverted.
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Total return
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Freedom to dispose the free portion
Article 914. The testator may devise and bequeath the free portion as
he may deem fit.
*restatement of Article 842.
PRINCIPLES AFFECTING LEGITIME
PRETERITION
If the omitted compulsory heirs should die before the testator, the
institution shall be effectual, without prejudice to the right of
representation.
Preterition omission
Manresas definition omission of an heir in the will, either because he is not
named, or although he is named as a father, son, etc., he is neither instituted as an
heir not expressly disinherited, not assigned any part of the estate, this being tacitly
deprived of his right to the legitime.
Preterition is total omission from the inheritance, without the heir
being expressly disinherited.
Implied basis inadvertent omission by the testator
Article 906. Any compulsory heir to whom the testator has left by any
title less than the legitime belonging to him may demand that the same
be fully satisfied.
The underlying principle in this article is that anything that the compulsory heir
receives by gratuitous title from the predecessor is considered an advance on the
legitime and is deducted therefrom.
Article 855. The share of a child or descendant omitted in a will must

first be taken from the part of the estate not disposed of by the will, if
any; if that is not sufficient, so much as may be necessary must be taken
proportionally from the shares of the other compulsory heirs.
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Article 854. The preterition or omission 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, shall annul
the institution of heir; but the devises and legacies shall be valid insofar
as they are not inofficious.
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Article 855 is properly applied in cases where a compulsory heir is not preterited
but left something less that his legitime.
How to fill up compulsory heirs impaired legitime:
From the portion of the estate left undisposed of by will
From the shares of the testamentary heirs, legatees and devisees,
proportionally
If the disinheritance lacks one or other of the requisites, the heir in question
gets his legitime.
As to whether the heir will also get any part of the intestate portion or not
depends on whether the testator gave away the free portion through
testamentary dispositions.
o
If he did the dispositions are valid and the compulsory heir

improperly disinherited gets only his legitime
If he did not the compulsory heir will be entitled to his

corresponding share of the portion as well.
Effect of Preterition
Preterition abrogates the institution of heir but respects legacies and devises
insofar as these do not impair the legitimes.
If the will contains only institutions of heirs and there is preterition, total
intestacy will result.
If there are legacies and devises and there is preterition, the legacies or
devises will stand, to the extent of the free porition, but the
institution of heirs will be swept away.

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Article 918. Disinheritance without specification of the cause, or for a

cause the truth of which, if contradicted, is not proved, or which is not
one of those set forth in this Code, shall annul the institution of heirs
insofar as it may prejudice the person disinherited; but the devises and
legacies and other testamentary dispositions shall be valid to such
extent as will not impair the legitime.
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RESERVA TRONCAL
Article 891. The ascendant who inherits from his descendant any
property which the latter may have acquired by gratuitous title from
another ascendant, or a brother or sister, is obliged to reserve such
property as he may have acquired by operation of law for the benefit of
relatives who are within the 3rd degree and who belong to the line from
which the said property came.
Illustration:
P (Prepositus) inherits a piece of land from his father, O (Origin).

Subsequently, P dies, intestate, single and without issue.
The land (P inherited from his father) is in turn inherited by his mother, R
(Reservista).
R is now required to reserve the property in favor of Ps paternal relatives
within the 3rd degree (Reservatorios).
Purpose: Reserva truncal is a special rule designed primarily to assure the return
of the reservable property to the third degree relatives belonging to the line from
which the property originally came, and to avoid its being dissipated by the
relatives of the inheriting ascendant.
Requisites
That the property was acquired by a descendant from an ascendant or from a

brother or sister by gratuitous title
o Descendant should be person because if the grantor is a brother or
sister, the one acquiring is not a descendant.
o Gratuitous title encompasses transmissions by donation or by
succession
That said descendant died without an issue

o Only legitimate descendants will prevent the property from being
inherited by the legitimate ascending line by operation of law.
That the property is inherited by another ascendant by operation of law

o Transmission by operation of law is limited to succession, either to
the legitime or by intestacy, not testamentary succession
That there are relatives within the 3rd degree belonging to the line from which
the property came
Process The property undergoes a process of 3 transmsisions/transfers

1. By gratuitous title, from a person to his descendant, brother or sister
2. By operation of law, from the transferee in the 1st transfer to another ascendant
2nd transfer creates the reserva
3. From the transferee in the 2nd transfer to the relatives - reservatorios
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Basic Rules
No inquiry is to be made beyond the Origin. does not matter who the owner
of the property was before it was acquired by the Origin
All the relationships among the parties must be legitimate. Art. 891 applies
to legitimate relatives only.
Parties
ORIGIN or MEDIATE SOURCE the transferor in the 1st transfer
o Ascendant may be of any degree or ascent
o
Brother or sister may be full- or half-blood
PREPOSITUS the 1st transferee, a descendant, brother or sister of the

Origin
o While the property is still with the prepositus, there is no reserve yet.
The reserve arises only upon the 2nd transfer.
o
While the property is owned by the prepositus, he has all

rights of ownership over it and may exercise such rights in
order to prevent a reserve from arising.
He can substitute or alienate the property.

He can bequeath or devise it either to the potential
reservistas or to 3rd persons
He can partition it in such a way as to assign it to parties
other than the potential reservistas
RESERVISTA the ascendant obliged to reserve

o Ascendant of the prepositus, of whatever degree; ascendant other
than the Origin
RESERVATORIOS the relatives benefited

o Must be within the 3rd degree from the prepositus
o
He must belong to the line from which the property came.
To qualify as a reservatorio, one must be alive at the time of the

reservistas death.
All reservatorios are beneficiaries in equal shares, regardless of

differences in degree of relationship with the prepositus within the
3rd degree
As in intestate succession, the rule of preference of degree among

reservatorios is qualified by the rule of representation.
Prepositus being survived by brothers/sisters and children of
a predeceased or incapacitated brother/sister
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Nature of Reservistas Rights
The reservistas right over the reserved property is one of ownership.
The ownership is subject to a resolutory condition. existence of

reservatorios at the time of the reservistas death
The ownership is alieanable, but subject to the same resolutory condition.
The reservistas right of ownership is registrable.
The reservista has no power to appoint, by will, which

reservatorios are to get the reserved property.
Nature of Reservatorios Rights

The reservatorios have a right of expentancy over the property.
The right is subject to a suspensive condition. expectancy ripens into
ownership if the reservatorios survive the reservista
The right is alienable, but subject to the same suspensive condition.
The right is registrable.
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The Property Reserved
Kind of Property Reservable any kind
Effect of substitution The very same property must go through the

process of transmissions in order for the reserve to arise.
o
If the prepositus substitutes the property by selling, bartering or

exchanging it, the substitute cannot be reserved.
The reserved property is not part of the reservistas estate upon his death.
o Upon the reservistas death, the reserved property passes to the
reservatorios by strict operation of law
RESERVA MAXIMA maximizes the scope of the reserve

As much of the potentially reservable property as possible must be deemed
included in the part that passes by operation of law.
RESERVA MINIMA
Every single property in the prepositus estate must be deemed to pass, partly by
will and partly by operation of law, in the same proportion that the part given by
will beats to the part not so given.

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Rights of the Reservatorios / Obligations of the Reservista
To inventory the reserved properties
To annotate the reservable character in the Registry of Property within 90 days

from acceptance by the reservista
To appraise the movables
To secure by means of mortgage

o
The indemnity for any deterioration of or damage to the property

occasioned by the reservistas fault or negligence
The payment of the value of such reserved movables as may have been
alienated by the reservista onerously or gratuitously
Death of the reservista
Death of all the reservatorios
Renunciation by all the reservatorios, provided that no other reservatorio is

born subsequently
Total fortuitous loss of the reserved property
Confusion or merger of rights, as when the reservatorios acquire the

reservistas right by a contract inter vivos
Prescription or adverse possession

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Extinguishment of the Reserva Troncal
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RESERVA ADOPTIVA
Article 39, PD 603. Effects of adoption. The adoption shall:

1. Give the adopted the same rights and duties as if he were a
legitimate child of the adopter; Provided, that an adopted child
cannot acquire Philippine citizenship by virtue of such adoption;
2. Dissolve the authority vested in the natural parent or parents,
except where the adopter is the spouse of the surviving natural
parent;
4. Make the adopted person a legal heir of the adopter; Provided, that
if the adopter is survived by legitimate parents or ascendants and by
an adopted person, the latter shall not have more successional rights
than an acknowledged natural child; Provided, further, that any
property received gratuitously by the adopted from the adopter shall
revert to the adopter should the former predecease the latter without
legitimate issue unless the adopted has, during his lifetime, alienated
such property; Provided, finally, that in the last case, should the
adopted leave no property other than that received from the adopter,
and he is survived by illegitimate issue or a spouse, such illegitimate
issue collectively or the spouse shall receive of such property; if the
adopted is survived by illegitimate issue and a spouse, then the
former collectively shall receive and the latter also , the rest in
any case reverting to the adopter, observing in the case of the
illegitimate issue the proportion provided for in Article 895 of the
Civil Code.
The adopter shall not be a legal heir of the adopted person, whose
parents by nature shall inherit from him, except that if the latter are
both dead, the adopting parent or parents take the place of the
natural parents in the line of succession, whether testate or intestate.
DISINHERITANCE
Article 915. A compulsory heir may, in consequence of disinheritnce,

be deprived of his legitime, for causes expressly stated by law.
As per Article 904, the testator cannot deprive the compulsory heirs of the legitime.
The only exception is disinheritance.
Disinheritance is the only instance in which the testator may deprive
his compulsory heirs of their legitime.

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3. Entitle the adopted person to use the adopters surname; and
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Requisites of a valid inheritance:
It must be made in a will.
It must be for a cause specified by law.
The will must specify the cause.
It must be unconditional.
It must be total.
The cause must be true.
If the truth of the cause is denied, it must be proved by the proponent.
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Effect of disinheritance
The effect of disinheritance is not just deprivation of the legitime, but total
exclusion of the disinherited heir from the inheritance.
The disinherited heir forfeits
o His legitime
o
His intestate portion, if any
Any testamentary disposition made in a prior will of the disinhering

tetator
Article 916. Disinheritance can be effected only through a will wherein

the legal cause therefor shall be specified.
Disinheritance must be made in a will.

The will must be formally valid and admitted to probate.
Article 917. The burden of proving the truth of the cause for
disinheritance shall rest upon the other heirs of the testator, if the
disinherited heir should deny it.
The truth here is not presumed must be proved.

All the disinherited heir need to so is deny the cause and the burden is
thrown upon those who would uphold the disinheritance.
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Article 918. Disinheritance without a specification of the cause, or for
a cause the truth of which, if contradicted, is not proved, or which is
not one of those set forth in this Code, shall annul the institution of
heirs insofar as it may prejudice the person disinherited; but the
devises and legacies and other testamentary dispositions shall be valid
to such extent as will not impair the legitime.
If the disinheritance lacks one or other of the requisites, the heir in question
gets his legitme.
As to whether or not he will also get any part of the intestate portion depends
on whether the testator gave away the free portion through testamentary
dispositions.
If he did the dispositions are valid; compulsory heir improperly
disinherited gets only his legitime
If he did not the compulsory heir will be entitled to his

corresponding share of the free portion as well.
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Article 919. The following shall be sufficient causes for the
disinheritance of children and descendants, legitimate as well as
illegitimate:
1. When a child or descendant has been found guilty of an attempt
against the life of the testator, his or her spouse, descendants, or
ascendants;
2. When a child or descendant has accused the testator of a crime for
which the law prescribes imprisonment for 6 years or more, if the
accusation has been found groundless;
3. When a child or descendant has been convicted of adultery or
concubinage with the spouse of the testator;
4. When a child or descendant by fraud, violence, intimidation, or
undue influence, causes the testator to make a will or to change one
already made;
6. Maltreatment of the testator by word or deed, by the child or

descendant;
7. When a child or descendant leads a dishonorable or disgraceful life;
8. Conviction of a crime which carries with it the penalty of civil
interdiction.
When a child or descendant has been found guilty of an attempt against

the life of the testator, his or her spouse, descendants, or ascendants
All stages of commission are included attempted, frustrated, consummated
The felony must be an intentional one.
Final conviction is required.
When a child or descendant has accused the testator of a crime for

accusation has been found groundless
Accused generic use; will include

o Filing of the complaint before the prosecutor
o
Presenting incriminating evidence against the testator
Suppressing exculpatory evidence

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5. A refusal without justifiable cause to support the parent or ascendant

who disinherits such child or descendant;
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The crime of which the testator is accused must carry a penalty of at least 6
years imprisonment.
The testator must be acquitted.
The accusation must be found to be groundless.

o Judgment of acquittal must state either that no crime was committed
or the accused did not commit the crime.
When a child or descendant has been convicted of adultery or

concubinage with the spouse of the testator
Final conviction is required.
A refusal without justifiable cause to support the parent or ascendant

who disinherits such child or descendant
The demand must have been unjustifiably refused. Because refusal may be
justified.
Maltreatment of the testator by word or deed, by the child or

descendant
There is a wide range of misdeeds but it is required that the act of verbal or
physical assault be of a serious nature.
No conviction is required. It is not even required that any criminal case be

filed.
When a child or descendant leads a dishonorable or disgraceful life
There must be habituality to the conduct.
The conduct or pattern of behavior need not be sexual in nature, although it

may often be that. Ex. Drug pushing or smuggling
Conviction of a crime which carries with it the penalty of civil

interdiction
The accessory penalty of civil interdiction is imposed with the principal

penalties of death, reclusion perpetua and reclusion temporal.

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Article 920. The following shall be sufficient causes for the
disinheritance of parents or ascendants, whether legitimate or
illegitimate:
1. When the parents have abandoned their children or induced their
daughters to live a corrupt or immoral life, or attempted against their
virtue;
2. When the parent or ascendant has been convicted of an attempt
against the life of the testator, his or her spouse, descendants, or
ascendants;
3. When the parent or ascendant has accused the testator of a crime for
accusation has been found to be false;
5. When the parent or ascendant by fraud, violence, intimidation, or

undue influence causes the testator to make a will or to change one
already made;
6. The loss of parental authority for causes specified in this Code;
7. The refusal to support the children or descendants without
justifiable cause;
8. An attempt aby one of the parents against the life of the other, unless
there has been a reconciliation between them.
When the parents have abandoned their children or induced their

daughters to live a corrupt or immoral life, or attempted against their
virtue
Abandonment includes all conduct constituting a repeated or total refusal

or failure to care for the child.
Inducement to live a corrupt or immoral life seems to apply only to

daughters but the Code was drafted when the world was more innocent; Article
231 of the Family Code no longer makes a distinction.
Attempt against virtue no conviction is required

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4. When the parent or ascendant has been convicted of adultery or

concubinage with the spouse of the testator;
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The loss of parental authority for causes specified in this Code
Only those causes which involve culpability on the part of the parents will
provide grounds for disinheritance.
o
Judicial deprivation of parental authority on the ground of sexual

abuse
Loss of parental authority as a result of judicial declaration of

abandonment of the child
Judicial deprivation of parental authority on the grounds of Excessively harsh or cruel treatment of the child
Giving the child corrupting orders, counsel or example
Compelling the child to beg
Subjecting the child or allowing him to be subjected to acts of

lasciviousness
An attempt aby one of the parents against the life of the other, unless
there has been a reconciliation between them
Conviction is not required.
Attempt is in generic used attempted, frustrated or consummated.
Reconciliation between the parents removes the right of the child or

descendant to disinherit and rescinds the disinheritance already made.

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Article 921. The following shall be sufficient causes for disinheriting a
spouse:
1. When the spouse has been convicted of an attempt against the life of
the testator, his or her descendants, or ascendants;
2. When the spouse has accused the testator of a crime for which the
law prescribes imprisonment for 6 years or more, and the accusation
has been found to be false;
3. When the spouse by fraud, violence, intimidation, or undue
influence causes the testator to make a will or to change one already
made;
4. When the spouse has given cause for legal separation;
5. When the spouse has given grounds for the loss of parental authority;
When the spouse has given cause for legal separation

A decree of legal separation is not required.
When the spouse has given grounds for the loss of parental authority
In Article 920, actual loss of parental authority is required but here in Article
921, giving grounds to it is sufficient.
Article 922. A subsequent reconciliation between the offender and the

offended person deprives the latter of the right to disinherit, and
renders ineffectual any disinheritance that may have been made.
Reconciliation either an express pardon extended by the testator to the

offending heir or unequivocal conduct of the testator towards the offending heir
which reveals the testators intent to forgive the offense.
Express pardon A general pardon extended by the testator on his deathbed to
all who have offended him will not suffice; it must be a pardon expressly and
concretely extended to the offender, who accepts it.
If conduct The intent to forgive must be clear.

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6. Unjustifiable refusal to support the children or the other spouse.
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Effect of reconciliation
The disinherited heir is restored to his legitime.
If the disinheriting will did not dispose of the disposable portion, the
disinherited heir is entitled to his proportionate share, if any, of the disposable
portion.
If the disinheriting will or any subsequent will disposed of the disposable

portion in favor of testamentary heirs, legatees or devisees, such dispositions
remain valid.
Representation in disinheritance The right of representation is granted

only to descendants of disinherited descendants.
A disinherited child will be represented by his children or other descendants.

However, if the heir disinherited is a parent/ascendant or spouse, the children
or descendants of the disinherited heir do not have any right of representation.
Extent of representation - The representative takes the place of the

disinherited heir not only with respect to the legitime, but also to any intestate
portion that the disinherited heir would have inherited.
Representation occurs in compulsory and intestate succession but not
in testamentary succession.
INSTITUTION OF HEIRS
The rules on institution of heir apply as well to institution of devises and legatees.
In General
Article 840. Institution of heir is an act by virtue of which a testator

designates in his will the person or persons who are to succeed him in
his property and transmissible rights and obligations.

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Article 923. The children and descendants of the person disinherited

shall take his or her place and shall preserve the rights of compulsory
heirs with respect to the legitime; but the disinherited parent shall not
have the usufruct or administration of the property which constitutes
the legitimes.
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Requisites of Valid Institution
Articles 785. The duration or efficacy of the designation of heirs,

devisees or legatees, or the determination of the portions which they
are to take, when referred to by name, cannot be left to the discretion of
a third person.
The designation of heirs, devisees or legatees
The duration or efficacy of such designation
The determination of the portions they are to receive
Article 787. The testator may not make a testamentary disposition in

such manner that another person has to determine whether or not it is
to be operative.
This rule reinforces the purely personal character of a will.

This article prohibits the delegation to a 3 rd person the power to decide whether a
disposition should take effect or not.
Effect if will institutes no heir
Article 841. A will shall be valid even though it should not contain an
institution of an heir, or such institution should comprise the entire
estate, and even though the person so instituted should not accept the
inheritance or should be incapacitated to succeed.
In such cases the testamentary dispositions made in accordance with
law shall be complied with and the remainder of the estate shall pass to
the legal heirs.

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The following constitute the essence of will-making or the exercise of

the disposing power (non-delegable):
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Freedom of disposition
Article 842. One who has no compulsory heirs may dispose by will of 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 this Code with regard to the
legitime of said heirs.
Even if the will does not contain any testamentary disposition, it will be
formally valid provided it complies with all the formal requisites.
How much can be disposed of by will

o If the testator leaves no compulsory heirs the entire hereditary
estate
If the testator leaves compulsory heirs the disposable portion
the net hereditary estate minus legitimes
The amount of the legitimes depends on the kinds and number of compulsory
heirs. The amount of the disposable portion is also variable.
If the testator disposes by will less than he is allowed to, there will be mixed
succession.
Manner of designating an heir
Article 843. The testator shall designate the heir by his name and
surname, and when there are 2 persons having the same names, he shall
indicate some circumstance by which the instituted heir may be known.
Even though the testator may have omitted the name of the heir, should
he designate him in such manner that there can be no doubt as to who
has been instituted, the institution shall be valid.
Article 844. An error in the name, surname or circumstances of the heir

shall not vitiate the institution when it is possible, in any other manner,
to know with certainty the person instituted.
If among the persons having the same names and surnames, there is a
similarity of circumstances in such a way that, even with the use of other
proof, the person instituted cannot be identified, none of them shall be
an heir.

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The heir, legatee, or devisee must be identified in the will with sufficient clarity
to leave no doubt as to the testators intention.
The basic rule in testamentary succession always is respect for and

compliance with the testators wishes.
The designation of name and surname is directory. What is

required is that the identity of the designated successor be
sufficiently established
If there is ambiguity in the designation, the ambiguity should be resolved in

accordance with Article 789.
If it is not possible to resolve the ambiguity, the testators intent becomes

indeterminate and, therefore, intestacy as to that portion will result.
Article 789. When there is an imperfect description or when no person or

property exactly answers the description, mistakes and omissions must be
corrected, if the error appears from the context of the will or from extrinsic
evidence, excluding the oral declarations of the testator as to his intention; and
when an uncertainty arises upon the face of the will, as to the application of any
of its provisions, the testators intention is to be ascertained from the words of
the will, taking into consideration the circumstances under which it was made,
excluding such oral declarations.
Disposition in favor of an unknown person
Article 845. Every
disposition in favor of an unknown person

shall be void, unless some event or circumstance his
identity becomes certain. However, a disposition in favor of a
definite class or group of persons shall be valid.
Disposition in favor of a definite class
Article 845. Every disposition in favor of an unknown person shall be

void, unless some event or circumstance his identity becomes certain .
However, a disposition in favor of a definite class or group

of persons shall be valid.
This refers to a successor whose identity cannot be determined because the

designation in the will is so unclear or so ambiguous as to incapable of
resolution.
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Requirement for designation of heir
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This does not refer to one with whom the testator is not personally acquainted.
The testator may institute somebody who is a perfect stranger to him, provided
the identity is clear.
Article 786. The testator may entrust to a third person the distribution of
specific property or sums of money that he may leave in general to specified
classes or causes, and also the designation of the persons, institutions or
establishments to which such property or sums of money are to be given or
applied.
Equality of heirs
This article applies only in testamentary succession only among testamentary

heir as such (devisees or legatees) and not to an heir who is both a compulsory
and a testamentary heir.
The general presumption in cases of collective designation is equality. If the

testator intends an unequal apportionment, he should specify.
Article 848. If the testator should institute his brothers and sisters, and
he has some of full blood and others of half blood, the inheritance shall
be distributed equally, unless a different intention appears.
This article follows the general rule of equality. If the testator intends an unequal
apportionment, he should so specify.
This article refers only in testamentary succession.
In intestacy, the applicable rule is Article 1006, which establishes a proportion of
2:1 between full- and half-blood brothers and sisters (without prejudice to the rule
prohibiting succession ab intestate between legitimate and illegitimate siblings).

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Article 846. Heirs instituted without designation of shares shall inherit

in equal parts.
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Individuality of institution
Article 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
individually instituted, unless it clearly appears that the intention of
the testator was otherwise.
This article follows the basic rule of equality and establishes the presumption
that heirs collectively referred to are designated per capita along with those
separately designated.
If the testator intends a block designation, he should specify.
Article 849. When the testator calls to the succession a person and his
children, they are all deemed to have been instituted simultaneously
and not successively.
This article follows the general rule of equality. If the testator intends an unequal
apportionment, he should so specify.
Institution based on false cause
Article 850. The statement of a false cause for the institution of an heir
shall be considered as not written, unless it appears from the will that
the testator would not have made such institution if he had known the
falsity of such cause.
Testamentary dispositions are ultimately based on liberality.

General Rule: The falsity of the stated cause for the testamentary institution does
not affect the validity or efficacy of the institution.
Exception: The falsity of the stated cause for institution will set aside the
institution if certain factors are present.

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Simultaneity of institution
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Shares in the institution
Article 851. If the testator has instituted only one heir, and the
institution is limited to an aliquot part of the inheritance, legal
succession takes place with respect to the remainder of the estate.
The same rule applies, if the testator has instituted several heirs each
being limited to an aliquot part, and all the parts do not cover the whole
inheritance.
Article 852. If it was the intention of the testator that the instituted
heirs should become sole heirs to the whole estate, or the whole free
portion, as the case may be, and each of them has been instituted to an
aliquot part of the inheritance and their aliquot parts together do not
cover the whole inheritance, or the whole free portion, each part shall
be increased proportionally.
Article 853. If each of the instituted heirs has been given an aliquot part
of the inheritance, and the parts together exceed the whole inheritance,
or the whole free portion, as the case may be, each part shall be reduced
proportionally.
IN BOTH ARTICLES
There are more than 1 instituted heir
The testator intended them to get the whole estate or the whole disposable
portion
The testator has designated a definite portion for each heir.
Article 852 The total of all the portions is less than the whole estate (or the
whole disposable portion) a proportionate increase is necessary
Article 853 The total exceeds the whole estate (or the whole disposable portion)
a proportionate reduction must be made.

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Legal succession does not take place with respect to the remainder of the estate but
to the remainder of the disposable portion. There may be compulsory
heirs whose legitimes will therefore cover part of the estate; the legitimes do not
pass by legal or intestate succession.
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Predecease of heirs
Article 856. A voluntary heir who dies before the testator transmits
nothing to his heirs.
A compulsory heir who dies before the testator, a person incapacitated
to succeed, and one who renounces the inheritance, shall transmit no
right to his own heirs except in cases expressly provided for in this
Code.
The rule of non-transmission is absolute.
RULE:
An heir whether compulsory, voluntary or legal transmits nothing to his heirs
in case of predecease, incapacity, renunciation or disinheritance. However, in
case of predecease or incapacity of compulsory or legal heirs, as well as
disinheritance of compulsory heirs, the rules on representation shall apply.
Kinds of institution
Simple or Pure
Article 777. The rights to the succession are transmitted from the
Conditional
Article 871. The institution of an heir may be made conditionally, or for

a certain purpose or cause.
Treats the following:

Conditional dispositions
Dispositions with a term
Dispositions with a mode

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Representation does not constitute an exception because in representation

the person represented does not transmit anything to his heirs. Representation is
rather a form of subrogation
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Kinds
Inoperative conditions
Article 872. The testator cannot impose any charge, condition or

substitution whatsoever upon the legitimes prescribed in this Code.
Should he do so, the same shall be considered as not imposed.
The legitime passes by strict operation of law, independently of the testators will.
The impossible or illegal condition is simply considered not written.
The testamentary disposition itself is not annulled; it becomes pure.
Testamentary dispositions and donations share a common element: they are

both gratuitous and spring from the grantors liberality. The imposition of a
condition does not displace liberality as the basis of the grant.
o
Obligations are onerous. The conditions imposed becomes an integral

part of the causa of the obligation. The elimination of that condition
for being impossible or illegal results in a failure of cause.
Article 874. An absolute condition not to contract a first or subsequent

marriage shall be considered as not written unless such condition has
been imposed on the widow or widower by the deceased spouse, or by
the latters ascendants or descendants.
Nevertheless, the right if usufruct, or an allowance or some personal
prestation may be devised or bequeathed to any person for the time
during which he or she should remain unmarried or in widowhood.
Article 1183, Impossible conditions, those contrary to good customs or public

policy and those prohibited by law shall annul the obligation which depends
upon them. If the obligation is divisible, that part thereof which is not affected
by the impossible or unlawful condition shall be valid.
Conditions prohibiting marriage
First marriage is prohibited considered not imposed

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Article 873. Impossible conditions and those contrary to law or good

customs shall be considered as not imposed and shall in no manner
prejudice the heir, even if the testator should otherwise provide.
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Subsequent marriage is prohibited

o Imposed by the deceased spouse or by his/her ascendants or
descendants valid
o
Imposed by anyone else considered not written
2nd paragraph of this article the testator, if he so desires, is provided a

means of terminating the testamentary benefaction should the heir contract
marriage, even a first marriage. The disposition should not be so
worded as to constitute a prohibition forbidden in the 1st
paragraph.
Condition to contract marriage not prohibited
Disposition Captatoria
It is not merely the condition that is declared void but the testamentary
disposition itself which contains the condition.
Reasons for prohibition
The captatoria converts testamentary grants into contractual transactions.
It deprives the heir of testamentary freedom.
It gives the testator the power to dispose mortis causa not only his property
but also of his heirs.
Compliance
Article 876. Any purely potestative condition imposed upon an heir

must be fulfilled by him as soon as he learns of the testators death.
This rule shall not apply when the condition, already complied with,
cannot be fulfilled again.

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Article 875. Any disposition made upon the condition that the heir shall
make some provision in his will in favor of the testator or of any other
person is void.
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Article 877. If the condition is casual or mixed, it shall be sufficient if it
happen or be fulfilled at any time before or after the death of the
testator, unless he has provided otherwise.
Should it have existed or should it have been fulfilled at the

time the will was executed and the testator was unaware
thereof, it shall be deemed complied with.
If he had knowledge thereof, the condition shall be considered fulfilled
only when it is of such a nature that it can no longer exist or be complied
with again.
Potestative condition one that depends solely on the will of the

heir/devisee/legatee
Mixed condition one that depends partly on the will of the

heir/devisee/legatee and partly either on the will of a 3rd person or chance.
RULES
Potestative
General Rule: must be fulfilled as soon as the heir learns of the testators death
Exception:
If the condition was already complied with at the time the heir learns of
the testators death
If the condition is of such a nature that it cannot be fulfilled again.
Casual or Mixed
General Rule: may be fulfilled at any time (before or after the testators death),
unless the testator provides otherwise.
Qualifications
If already fulfilled at the time of execution of the will

o If testator unaware of fact of fulfillment deemed fulfilled
o
If testator is aware
If can no longer be fulfilled again deemed fulfilled
If can be fulfilled again must be fulfilled again

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Casual condition one that depends on the will of a 3rd person or on chance
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Effects
Article 1034. In order to judge the capacity of the heir, devisee or

legatee, his qualification at the time of the death of the decedent shall
be the criterion.
In cases falling under Nos. 2, 3, or 5 of Article 1032, it shall be necessary
to wait until final judgment is rendered, and in the case falling under
No. 4, the expiration of the month allowed for the report.
If the institution, devise or legacy should be conditional, the

time of the compliance with the condition shall also be
considered.
When capacity is to be determined
General Rule: The time of the decedents death that is when successional
rights vest
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If institution is subject to a suspensive condtion

The time of decedents death, AND
The time of happening of the condition
If final judgment is a requisite of unworthiness
Time of final judgment
Article 879. If the potestative condition imposed upon the heir is

negative, or consists in not doing or not giving something, he shall
comply by giving a security that he will not do or give that which has
been prohibited by the testator, and that in case of contravention he will
return whatever he may have received, together with its fruits and
interests.
Heir must give security to guarantee the return of the value of property, fruits, and
interests, in case of contravention caucion muciana
Article 880. If the heir be instituted under a suspensive condition or

term, the estate shall be placed under administration until the
condition is fulfilled, or until it becomes certain that it cannot be
fulfilled, or until the arrival of the term.
The same shall be done if the heir does not give the security required in
the preceding article.
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Article 881. The appointment of the administrator of the estate
mentioned in the preceding article, as well as the manner of the
administration and the rights and obligations of the administrator
shall be governed by the Rules of Court.
Between the time of the testators death and the time of the fulfillment of the
suspensive condition or of the certainty of its non-occurrence, property is to be
placed under administration.
If condition happens the property will be turned over to the instituted

heir
If it becomes certain that condition will not happen property will be

turned over to a secondary heir, if any, or to the intestate heirs, as the case may
be.
This article is not applicable to institutions with a term.
Article 884. Conditions imposed by the testator upon the heirs shall be
governed by the rules established for conditional obligations in all
matters not provided for by this Section.
Institution with a Term

Kinds
Article 885. The designation of the day or time when the effects of the
institution of an heir shall commence or cease shall be valid.
In both cases, the legal heir shall be considered as called to the succession until the
arrival of the period or its expiration. But in the first case he shall not enter into
possession of the property until after having given sufficient security, with the
intervention of the instituted heir.
If term is suspensive Before the arrival of the term, the property should be
delivered to the intestate heirs. A caucion muciana has to be posted by them.
If them is resolutory Before the arrival of the term, the property should be
delivered to the instituted heir. No caucion muciana is required.

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Article 880(2) The property shall be in the executors or administrators custody

until the heir furnishes the caucion muciana.
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Effect
In dispositions with a term, the heirs right vests upon the testators death,
conformably to Article 777.
Should the heir die before the arrival of the term, he merely transmits his rights
to his own heirs who can demand the property when the term arrives.
Conditional institutions The heir should be living and qualified to

succeed both at the time of the testators death and at the time of the happening
of the condition.
Article 885. The designation of the day or time when the effects of the institution
of an heir shall commence or cease shall be valid.
In both cases, the legal heir shall be considered as called to the
succession until the arrival of the period or its expiration. But in the
first case he shall not enter into possession of the property until after
having given sufficient security, with the intervention of the instituted
heir.
Article 880. If the heir be instituted under a suspensive condition or

term, the estate shall be placed under administration until the
condition is fulfilled, or until it becomes certain that it cannot be
fulfilled, or until the arrival of the term.
The same shall be done if the heir does not give the security required in
the preceding article.
Between the time of the testators death and the time of the fulfillment of the
suspensive condition or of the certainty of its non-occurrence, property is to be
placed under administration.
If condition happens the property will be turned over to the instituted

heir
If it becomes certain that condition will not happen property will be

turned over to a secondary heir, if any, or to the intestate heirs, as the case may
be.
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Article 878. A disposition with a suspensive term does not prevent the
instituted heir from acquiring his rights and transmitting them to his
heirs even before the arrival of the term.
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This article is not applicable to institutions with a term.
Article 880(2) The property shall be in the executors or administrators custody
until the heir furnishes the caucion muciana.
Modal Institution
Article 882. The statement of the object of the institution, or the

application of the property left by the testator, or the charge imposed
by him, shall not be considered as a condition unless it appears that
such was his intention.
Mode an obligation imposed upon the heir, without suspending as a condition

does the effectivity of the institution.
A mode must be clearly imposed as an obligation in order to be considered as

one. Mere preferences or wishes expressed by the testator are not modes.
A mode functions similarly to a resolutory condition. In fact, modes could very

well have been absorbed in the concept of resolutory conditions.
Caucion muciana should be posted by the instituted heir.
Article 883. When without fault of the heir, an institution referred to in

the preceding article cannot take effect in the exact manner stated by
the testator, it shall be complied with in a manner most analogous to
and in conformity with his wishes.
If the person interested in the condition should prevent its fulfillment,
without the fault of the heir, the condition shall be deemed to have been
complied with.
The intention of the testator should always be the guiding norm in determining the
sufficiency of the analogous performance.

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That which has been left in this manner may be claimed at once
provided that the instituted heir or his heirs give security for
compliance with the wishes of the testator and for the return of
anything he or they may receive, together with its fruits and interests,
if he or they should disregard this obligation.
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SUBSTITUTION OF HEIRS
Concept of Substitution
Article 857. Substitution is the appointment of another heir so that he

may enter into the inheritance in default of the heir originally
instituted.
[Proper definition of]Substitution the appointment of another heir so that he

may enter into the inheritance in default of, or subsequent to, the heir originally
instituted.
The right to provide for substitutions is based on testamentary freedom.
Simple substitution the testator simply makes a second choice, in
case the first choice does not inherit.
Fideicommissary substitution the testator imposes what is

essentially a restriction or burden on the first heir, coupled with a selection
of a subsequent recipient of the property.
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Kinds of Substitution
Article 858. Substitution of heirs may be:

1. Simple or common;
2. Brief or compendious;
3. Reciprocal; or
4. Fideicomissary.
In reality, there only 2 kinds of substitution:

Simple or common
Fideicommissary
The other 2 kinds are variations
Brief or compendious
Reciprocal
Simple and fideicommissary substitutions are mutually exclusive cannot be
both at the same time.

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SIMPLE OF COMMON Substitution
Article 859. The testator may designate one or more persons to

substitute the heir or heirs instituted in case such heir or heirs should
die before him, or should not wish or should be incapacitated to accept
the inheritance.
Causes of simple substitution

o Predecease of the 1st heir
o Renunciation of the 1st heir
o Incapacity of the 1st heir
How testator may provide for simple substitution with all 3 causes
o By specifying all 3 causes
o By merely providing for a simple substitution
Restricted simple substitution when the testator specifies only 1 or 2 of

the 3 causes
BRIEF OR COMPENDIOUS Substitution
Article 860. Two or more persons may be substituted for one, and one
person for two or more heirs.
This is a possible variation of either a simple or a fideicommissary substitution.

Some authors distinguish between brief and compendious:
Brief - 2 or more substitutes for 1 original heir
Compendious 1 substitute for 2 or more original heir
RECIPROCAL Substitution
Article 861. If heirs instituted in unequal shares should be reciprocally

substituted, the substitute shall acquire the share of the heir who dies,
renounces, or is incapacitated, unless it clearly appears that the
intention of the testator was otherwise. If there are more than one
substitute, they shall have the same share in the substitution as in the
institution.
This is also a variation of simple or fideicommissary substitutions.

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A simple substitution, without a statement of the cases to which it

refers, shall comprise the three mentioned in the preceding
paragraph, unless the testator has otherwise provided.
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FIDEICOMISSARY Substitution
Article 863. A fideicomissary substitution by virtue of which the

fiduciary or first heir instituted is entrusted with the obligation to
preserve and to transmit to a second heir the whole or part of the
inheritance, shall be valid and shall take effect, provided such
substitution does not go beyond one degree from the heir originally
instituted, and provided further, that the fiduciary or first heir and the
second heir are living at the time of the death of the testator.
*Fideicomisaria
Elements of fideicomisaria
o
A 1st heir who takes the property upon the testators death
fiduciary
Enters upon the inheritance upon the opening of the
succession
A 2nd heir who takes the property subsequently from the fiduciary
fideicommisary
Does not receive the property until the fiduciarys right
expires
Though he does not receive the property upon the testators

death, his right thereto vests at that time and merely becomes
subject to a period, and that right passes to his own heirs
should he die before the right of the fiduciary expires.
The 2nd heir must be 1 degree from the 1st heir

The 2nd heir must either be a child or a parent of the 1st heir
the dual obligation imposed upon the fiduciary to preserve the

property and to transmit it after the lapse of the period to the
fideicommissary heir
this makes the position of the fiduciary basically that of a
usufructuary, with the right to use and enjoy the property but
without the jus disponendi.
both heirs must be living and qualified to succeed at the time of the
testators death/
the 2nd heir need not survive the 1st heir
if the 2nd heir dies before the 1st heir, the 2nd heirs own heirs
merely take his place
Tenure of the fiduciary [Manresa]

o Primary rule the period indicated by the testator
o Secondary rule if the testator did not indicate a period, the
fiduciarys lifetime

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Article 864. A fideicomissary substitution can never burden the
legitime.
The legitime passes by strict operation of law, therefore the testator has no power
over it.
Article 865. Every fideicomissary substitution must be expressly made

in order that it may be valid.
2 ways of making an express imposition

o By the use of the term fideicommissary
o By imposing upon the 1 st heir the absolute obligation to preserve and
to transmit to the 2nd heir
General rule The fiduciary should deliver the property intact and
undiminished to the fideicommissary heir upon the arrival of the period
Allowable deductions in the absence of a contrary provision in the will

o Legitimate expenses
o Credits
o Improvements necessary and useful expenses but not ornamental
expenses
Damage to, or deterioration of property

o Caused by fortuitous event or ordinary wear and tear fiduciary not
liable
o Caused by fiduciarys fault or negligence fiduciary is liable
Article 866. The second heir shall acquire a right to the succession
from the time of the testators death, even though he should die before
the fiduciary. The right of the second heir shall pass to his heirs.
The 2nd heir need not survive the 1st heir.
If the 2nd heir dies before the 1st heir, the 2nd heirs own heirs merely take his
place.

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The fiduciary shall be obliged to deliver the inheritance to the second

heir, without other deductions than those which arise from legitimate
expenses, credits, and improvements, save in the case where the
testator has provided otherwise.
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Article 867. The following shall not take effect:
1. Fideicomissary substitutions which are not made in an express
manner, either by giving them this name, or imposing upon the
fiduciary the absolute obligation to deliver the property to the second
heir;
2. Provisions which containa perpetual prohibition to alienate, and
even a temporary one, beyond the limit fixed in Article 863;
3. Those which impose upon the heir the charge of paying to various
persons successively, beyond the limit prescribed in Article 863, a
certain income or pension;
4. Those which leave to a person the whole or part of the hereditary
property in order that he may apply or invest the same according to
secret instructions communicated to him by the testator.
1. Lack of this element does not nullify the institution. It is just that the
institution is not a fideicommissary, but could be something else.
2. If there is fideicomisaria, the limit is the 1st heirs lifetime. If there is no
fideicomisaria, the limit is 20 years.
3. There can only be 2 beneficiaries of the pension, 1 after the other, and the 2 nd
must be 1 degree from the 1st; no prohibition on simultaneous beneficiaries.
4. The ostensible heir here is in reality only a dummy. The person intended to be
benefited is the one to whom the secret instructions refer. This is a form of
circumvention of prohibition or disqualification.
Article 868. The nullity of the fideicommissary substitution does not

prejudice the validity of the institution of the heirs first designated;
the fideicomissary clause shall simply be considered as not written.
If the fideicommissary substitution is void or ineffective, the institution of the

1st heir becomes pure and unqualified.
When the fiduciary predeceases or is unable to succeed, the fideicommissary

heir takes the inheritance upon the death of the decedent.

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*This paragraph makes the entire provision void.
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Article 869. A provision whereby the teststor leaves to a person the
whole or part of the inheritance, and to another the usufruct, shall be
valid. If he gives the usufruct to various persons, not simultaneously,
but successively, the provisions of Article 863 shall apply.
If the testator institutes successive usufructuaries, there can only be 2

usufructuaries, one after the other, and as to the 2 of them, all the requisites of
Article 863 must be present.
Time Limitations on Inalienability
If the testator imposes a longer period than 20 years, the prohibition is valid
only for 20 years.
If there is a fideicommissary substitution, Article 863 will be applied allows

the lifetime of the 1st heir as the period.
LEGACIES AND DEVISES
Article 924. All things and rights which are within the commerce of
man may be bequeathed or devised.
Legacy testamentary disposition of [specific] personal property

Devise testamentary disposition of [specific] real property
It is important to distinguish testamentary disposition to an heir because of the
effects of preterition.
Essential Difference:
An heir receives an aliquot or fractional part of the inheritance
A legatee or devisee receives specific or generic personalty or realty,
respectively.
What can be bequeathed or devised? anything within the commerce of
man. It is not required that the thing devised or bequeathed belong to the testator
Limitation: It should not impair the legitime

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Article 870. The dispositions of the testator declaring all or part of the
estate inalienable for more than 20 years are void.
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Article 925. A testator may charge with legacies and devises not only
his compulsory heirs but also the legatees and devisees.
The latter shall be liable for the charge only to the extent of the value
of the legacy or the devise received by them. The compulsory heirs
shall not be liable to the charge beyond the amount of the free portion
given them.
*erroneous wording because A compulsory heir cannot be burdened with a
legacy or devise because that would impair his legitime. Only a testamentary heir
can be so burdened.
Article 926. When the testator charges one of the heirs with a legacy
or devise, he alone shall be bound.
Should he not charge anyone in particular, all shall be liable in the
same proportion in which they may inherit.
General Rule the estate

Exceptions The testator may impose the burden on a testamentary heir or a
legatee or devisee. if he accepts the disposition in his favor, will be bound to
deliver the legacy or devise to the person specified subsidiary legacy
Extent of liability of heir, devisee or legatee in case of subsidiary
legacies or devises the value of the benefit received from the testator
Article 927. If 2 or more heirs take possession of the estate, they shall
be solidarily liable for the loss or destruction of a thing devised or
bequeathed, even though only one of them should have been
negligent.
The liability imposed by this article is based on malice, fault or negligence.
The liability will also attach to the executor or administrator in proper cases.
Article 928. The heir who is bound to deliver the legacy or devise shall
be liable in case of eviction, if the thing is indeterminate and is
indicated only by its kind.
Who is liable?
General Rule the estate
Exception the heir, legatee or devisee charged, in case of subsidiary legacy or
devise
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Who is charged with the legacy?
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Article 929. If the testator, heir, or legatee owns only a part of, or an
interest in the thing bequeathed, the legacy or devise shall be
understood limited to such part of interest, unless the testator
expressly declares that he gives the thing in its entirety.
Article 930. The legacy or devise of a thing belonging to another

person is void, if the testator erroneously believed that the thing
pertained to him. But if the thing bequeathed, though not belonging to
the testator when he made the will, afterwards becomes his, by
whatever title, the disposition shall take effect.
Article 932. The legacy or devise of a thing which at the time of the
execution of the will already belonged to the legatee or devisee shall
be ineffective, even though another person may have some interest
therein.
If the testator expressly orders that the thing be freed from such
interest or encumbrance, the legacy or devise shall be valid to that
extent.
Article 933. If the thing bequeathed belonged to the legatee or devisee

at the time of the execution of the will, the legacy or devise shall be
without effect, even though it may have been subsequently alienated
by him.
If the legatee or devisee acquires it gratuitously after such time, he can
claim nothing by virtue of the legacy or devise; but if it has been
acquired by onerous title he can demand reimbursement from the
heir or the estate.

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Article 931. If the testator orders that a thing belonging to another be

acquired in order that it be given to a legatee or devisee, the heir upon
whom the obligation is imposed or the estate must acquire it and give
the same to the legatee or devisee; but if the owner of the thing refuses
to alienate the same, or demands an excessive price therefor, the heir
or the estate shall only be obliged to give the just value of the thing.
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Article 934. If the testator should bequeath or devise something
pledged or mortgaged to secure a recoverable debt before the
execution of the will, the estate is obliged to pay the debt, unless the
contrary intention appears.
The same rule applies when the thing is pledged or mortgaged after
the execution of the will.
Any other charge, perpetual or temporary, with which the thing
bequeathed is burdened, passes with it to the legatee or devisee.
In the first case, the estate shall comply with the legacy by assigning to
the legatee all rights of action it may have against the debtor. In the
second case, by giving the legate an acquittance, should he request
one.
In both cases, the legacy shall comprise all interests on the credit or
debt which may be due the testator at the time of his death.
Article 936. The legacy referred to in the preceding article shall lapse
if the testator, after having made it, should bring an action against the
debtor for the payment of his debt, even if such payment should not
have been effected at the time of his death.
The legacy to the debtor of the thing pledged by him is understood to
discharge only the right of pledge.
Article 937. A generic legacy or release or remission of debts

comprises those existing at the time of the execution of the will, but
not subsequent ones.

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Article 935. The legacy of credit against a 3rd person or the remission
or release of a debt of the legatee shall be effective only as regards that
part of the credit or debt existing at the same time of the death of the
testator.
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Legacy/Devise of a thing owned in part by the testator
*validity of the disposition as to the part not owned by the testator will be determined by
Articles 930-931.
General rule conveys only the interest or part owned by the testator
Exception if the testator provides otherwise

o He may convey less than he owns Article 794
o
He may convey more than he owns the estate should try to

acquire the part or interest owned by other parties.
Other parties unwilling to alienate the estate should

give the legatee/devisee the monetary equivalent
Legacy/Devise of a thing belonging to another

If the testator ordered the acquisition of the thing - the order should
be complied with
o
Owner not willing to alienate/part with the thing the

legatee/devisee should be given the monetary equivalent
If the testator erroneously believed that the thing belonged to him

the legacy/devise is void
If subsequent to the making of the disposition, the thing is acquired

by the testator onerously or gratuitously the disposition is validated
If the testator knew that the thing did not belong to him but did not
order its acquisition the Code is silent on this; should be considered
valid
o
o
Disposition implies an order to acquire the thing

There is doubt in the disposition. Doubt should be resolved in favor of
testacy.
Legacy/Devise of a thing already belonging

legatee/devisee or subsequently acquired by him
to
the
If the thing already belonged to the legatee/devisee at the time of

the execution of the will legacy/devise is void not validated by an
alienation by the legatee/devisee subsequent to the making of the will
o Exception the acquirer is the testator
If the thing was owned by another person at the time of the making
of the will and acquired thereafter by the legatee/devisee
o
if the testator erroneously believed that it belonged to him

legacy is void

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o
if the testator was not in error

acquired by the legatee/devisee onerously
legatee/devisee is entitled to reimbursement
acquired by legatee/devisee gratuitously nothing

more is due
If the thing was owned by the testator at the time of the making of
the will and acquired thereafter from him by the legatee/devisee
legacy/devise should be deemed revoked
Legacy/Devise to remove an encumbrance over a thing

belonging to the legatee/devisee valid, if the encumbrance can be
removed for a consideration
Legacy/Devise of a thing pledged or mortgaged the encumbrance
Legacy of credit or remission
Applies only to amount still unpaid at the time of the testators death
Revoked if testator subsequently sues the debtor for collection
If generic, applies only to those existing at the time of the execution of

the will, unless otherwise provided
Article 938. A legacy or devise made to a creditor shall not be applied

to his credit, unless the testator so expressly declares.
In the latter case, the creditor shall have the right to collect the excess,
if any, of the credit or of the legacy or devise.
Article 939. If the testator orders the payment of what he believes he

owes but does not in fact owe, the disposition shall be considered as
not written. If as regards a specified debt more than the amount
thereof is ordered paid, the excess is not due, unless a contrary
intention appears.
The foregoing provisions are without prejudice to the fulfillment of
the natural obligations.

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must be removed by paying the debt, unless the testator intended otherwise.
A charge other than a pledge or mortgage passes to the legatee/devisee
together with the thing
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Legacy/devise to a creditor
General rule will be treated like any other legacy/devise and therefore will
not to be imputed to the debt
Exception - will be imputed to the debt if the testator so provides

o if the debt exceeds the legacy/devise, the excess may be demanded as
an obligation of the estate.
o Better to renounce the legacy/devise and file a claim for the credit
Testamentary disposition to pay a debt not a testamentary disposition
Instruction to pay a non-existing debt should be disregarded because

there will be solution indebiti
Instruction to pay more than what is due effective only as to what is

due, unless the bigger amount specified constitutes a natural obligation
Article 940. In alternative legacies or devises, the choice is presumed

to be left to the heir upon whom the obligation to give the legacy or
devise may be imposed, or the executor or administrator of the estate
if no particular heir is so obliged.
If the heir, legatee or devisee, who may have been given the choice,
dies before making it, this right shall pass to the respective heirs.
Once made, the choice is irrevocable.
In alternative legacies or devises, except as herein provided, the
provisions of this Code regulating obligations of the same kind shall
be observed, save such modifications as may appear from the
intention expressed by the testator.
Alternative legacies/devises one which provides that, among several things

mentioned, only one is to be given
Right of Choice
General Rule:
o The estate, through the executor or administrator
legacy/devise
o
o
-- in a direct
The heir, legatee, or devisee charged in a subsidiary legacy/devise

parties are in the position of the debtor
Exception: The legatee/devisee (or another person), if the testator so

provides
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but merely a direction to discharge a civil obligation
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If the person who is to choose dies before the choice is made

o Choice belonged to the executor - the right is transmitted to his
successor in office
o
Choice belongs to an heir/legatee/devisee the right is

transmitted to his own heirs
The choice is irrevocable.
Article 941. A legacy of generic personal property shall be valid even if

there be no things of the same kind in the estate.
A devise of indeterminate real property shall be valid only if there be
immovable property of its kind in the estate.
Article 942. Whenever the testator expressly leaves the right choice to
the heir, or to the legatee or devisee, the former may give or the latter
may choose whichever he may prefer.
Article 943. If the heir, legatee or devisee cannot make the choice, in
case it has been granted him, his right shall pass to his heirs; but a
choice once made shall be irrevocable.
Generic Legacies/Devises
Rules on Validity
Generic Legacy- valid even if no such movables exist in the testators estate
upon his death. The estate will simply have to acquire what is given by
legacy.
Generic Devise - valid only if there exists such an immovable in the
testators estate at the time of his death
Right of Choice
General Rule: The executor or administrator, acting for the estate
Exception: If the testator gives the right of choice to the legatee/devisee, or to the
heirs on whom the obligation to give the benefit is imposed
Limitation on choice The choice must be limited to something which is
neither superior nor inferior in quality
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The right of choice shall belong to the executor or administrator who

shall comply with the legacy by the delivery of a thing which is neither
of inferior nor of superior quality.
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Finality of choice Irrevocable, once made
Transmissibility of right to choose
If the choice belongs to the executor/administrator and he dies before
making a choice the right is transmitted to his successor in the position
If the choice belongs to the legatee/devisee and he dies before making the
choice the right passes to his heirs
Article 944. A legacy for education lasts until the legatee is of age, or
beyond the age of majority in order that that legatee may finish some
professional, vocational or general course, provided he pursues his
course diligently.
A legacy for support lasts during the lifetime of the legatee, if the
testator has not otherwise provided.
If the testator during his lifetime used to give the legatee a certain
some of money or other things by way of support, the same amount
shall be deemed bequeathed, unless it be markedly disproportionate
to the value of the estate.
Article 945. If a periodical pension, or a certain annual, monthly, or

weekly amount is bequeathed, the legatee may petition the court for
the first installment upon the death of the testator, and for the
following ones which shall be due at the beginning of each period;
such payment shall not be returned, even though the legatee should
die before the expiration of the period which has commenced.
Legacy for education

Duration age or majority or completion of the course, whichever comes later
completion of course only if the legatee pursues his studies diligently
Amount
Primarily that which is fixed by the testator
Secondarily that which is proper as determined by:

o The social standing and circumstances of the legatee
o The value of the disposable portion of the estate

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If the testator has not fixed the amount of such legacies, it shall be
fixed in accordance with the social standing and the circumstances of
the legatee and the value of the estate.
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Legacy for Support
Duration legatees lifetime, unless the testator provided otherwise
Amount
Primarily that fixed by the testator
Secondarily that which the testator during his lifetime used to give the
legatee by way of support, unless markedly disproportionate to the value of the
disposable portion
Tertiarily that which is reasonable, based on 2 variables

o The social standing and circumstances of the legatee
o The value of the disposable portion
Legacy of a Periodical Pension
*This should be harmonized with the rules on the settlement of estates The debts
should first be paid before any testamentary grants can be complied with, unless
the legatee files a bond)
Should the legacy be proven not inofficious, the date of the effectivity shall retroact
to the decedents death.
Article 946. If the thing bequeathed should be subject to usufruct, the

legatee or devisee shall respect such right until it is legally
extinguished.
*same rule as Article 934(3)

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Demandability upon the testators death, and the succeeding ones at the
beginning of the period without duty to reimburse should the legatee die before the
lapse of the period.
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Article 947. The legatee or devisee acquires a right to pure and simple
legacies or devises from the death of the testator, and transmits it to
his heirs.
Article 948. If the legacy or devise is of a specific and determinate

thing pertaining to the testator, the legatee or devisee acquires the
ownership thereof upon the death of the testator, as well as any
growing fruits, or unborn offspring of animals, or uncollected income;
but not the income which was due and unpaid before the latters death.
Article 949. If the bequest should not be of a specific and determinate

thing, but is generic or of quantity, its fruits and interests from the
time of the death of the testator shall pertain to the legatee or devisee
if the testator has expressly so ordered.
Fruits of Legacies/Devises
Demandability
Pure and determinate upon the testators death
Pure and generic upon testators death
With a suspensive term upon the arrival of the term
With a suspensive condition upon the happening of the condition
When Ownership Vests

Pure and generic

o If from testators estate upon the testators death
o If acquired from a 3rd person upon acquisition
With a suspensive term upon the arrival of the term, but the right to
it vests upon the testators death
With a suspensive condition upon the testators death, if the

condition if fulfilled

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From the moment of the testators death, the thing bequeathed shall
be at the risk of the legatee or devisee, who shall, therefore, bear its
loss or deterioration, and shall be benefited by its increase or
improvement, without prejudice to the responsibility of the executor
or administrator.
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Fruits
Pure and generic upon determination, unless testator provides

otherwise
With a suspensive term upon the arrival of the term
With a suspensive condition upon the happening of the condition,

unless the testator provides otherwise
Article 950. If the estate should not be sufficient to cover all the
legacies or devises, their payment shall be made in the following
order:
1. Renumeratory legacies or devises;
3. Legacies for support;

4. Legacies for education;
5. Legacies or devises of a specific, determinate thing which forms a
part of the estate;
6. All others pro rata.
*This article lays down the order of preference among legacies and devises in case
the estate is not sufficient for all of them.
Reconciliation with Article 911:
Article 911 will apply if reductions have to be made because the legitime has
been impaired legacies/devises have exceeded the disposable portion
Article 950 will apply if the reason for the reduction is not the impairment of
legitimes no legitimes because there are no compulsory heirs or the
legitimes have already been satisfied through donation inter vivos

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2. Legacies or devises declared by the testator to be preferential;
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Article 951. The thing bequeathed shall be delivered with all its
accessions and accessories and in the condition in which it may be
upon the death of the testator.
The obligation to deliver the accessions and accessories exists even if the
testator does not explicitly provide for it.
The thing must be delivered in the condition in which it is at the time of the
testators death.
Article 952. The heir, charged with a legacy or devise, or the executor
or administrator of the estate, must deliver the very thing bequeathed
if he is able to do so and cannot discharge this obligation by paying its
value.
The expenses necessary for the delivery of the thing bequeathed shall
be for the account of the heir or the estate, but without prejudice to
the legitime.
*identity in the performance of obligations
Article 953. The legatee or devisee cannot take possession of the thing
bequeathed upon his own authority, but shall request its delivery and
possession of the heir charged with the legacy or devise, or of the
executor or administrator of the estate should he be authorized by the
court to deliver it.
*Although the efficacy of a legacy or devise vests upon the testators death, actual
delivery does not take place at that time.
The beneficiaries of the will can only take possession after the debts have been
paid, legitimes have been determined and the testamentary disposition (+legacies
and devises) have been computed (unless they impair the legitimes).
Article 954. The legatee or devisee cannot accept a part of the legacy
or devise and repudiate the other, if the latter be onerous.
Should he die before having accepted the legacy or devise, leaving
several heirs, some of the latter may accept and the others may
repudiate the share respectively belonging to them in the legacy or
devise.
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Legacies of money must be paid in cash, even though the heir or the
estate may not have any.
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Article 955. The legatee or devisee of 2 legacies or devises, one of
which is onerous, cannot renounce the onerous one and accept the
other. If both are onerous or gratuitous, he shall be free to accept or
renounce both, or to renounce either. But if the testator intended that
the 2 legacies or devises should be inseparable from each other, the
legatee or devisee must either accept or renounce both.
Any compulsory heir who is at the same time a legatee or devisee may
waive the inheritance and accept the legacy or devise, or renounce the
latter and accept the former, or waive or accept both.
Rules on Acceptance and Repudiation of Legacies/Devises

Acceptance Acceptance may be total or partial.
Exception: If the legacy/devise is partly onerous and partly gratuitous, the
recipient cannot accept the gratuitous part and renounce the onerous part.
Acceptance or Repudiation by Heirs of Legatee/Devisee

If the legatee/devisee dies before accepting or renouncing, his heirs shall exercise
such right as to their pro-indiviso share, and in the same manner as in the rules
above.
2 Legacies/Devises to the Same Recipient
Both gratuitous recipient may accept or renounce either or both
Both onerous recipient may accept or renounce either or both
If one is gratuitous and the other is onerous recipient cannot

accept the gratuitous and renounce the onerous. Any other combination is
permitted.
Legacy/Devise to one who is also a compulsory heir

The recipient may accept either or both.
If will provides otherwise, all the rules stated above apply in the absence
of a stipulation in the will providing otherwise testators wishes are
supreme.
Article 956. If the legatee or devise cannot or is unwilling to accept the

legacy or devise, or if the legacy or devise for any reason should
become ineffective, it shall be merged into the mass of the estate,
except in cases of substitution and of the right of accretion.

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*Any other combination is permitted.
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Rules in case of Repudiation by or Incapacity of Legatee/Devisee
Primarily substitution
Secondarily accretion
Tertiarily - intestacy
Article 957. The legacy or devise shall be without effect:
2. If the testator by any title or for any cause alienates the thing
bequeathed or any part thereof, it being understood that in the latter
case the legacy or devise shall be without effect only with respect to the
part thus alienated. If after the alienation the thing should again
belong to the testator, even if t be by reason of nullity of the contract,
the legacy or devise shall not thereafter be valid, unless the
reacquisition shall have been effected by virtue of the exercise of the
right of repurchase;
3. If the thing bequeathed is totally lost during the lifetime of the
testator, or after his death without the heirs fault. Nevertheless, the
person obliged to pay the legacy or devise shall be liable for eviction if
the thing bequeathed should not have been determinate as to its kind,
in accordance with the provisions of Article 928.
When is the legacy revoked by operation of law
Transformation conversion
Total loss only if it takes place before the testators death
o
Fortuitous loss after the testators death will not constitute

revocation; instance of res perit domino will be borne by the
legatee/devisee
Alienation alienation may be onerous or gratuitous ; alienation revokes the

legacy/devise even if for any reason the thing reverts to the testator
o
Exceptions:
If the reversion is caused by the annulment of the alienation
and the case for annulment was vitiation of consent on the
grantors part, either by reason of incapacity or of duress.
If the reversion is by virtue of redemption in a sale with pacto

de retro.

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1. If the testator transforms the thing bequeathed in such a manner

that it does not retain either the form or the denomination it had;
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Article 958. A mistake as to the name of the thing bequeathed or
devised, is of no consequence, if it is possible to identify the thing
which the testator intended to bequeath or devise.
*same as Article 789
Article 959. A disposition made in general terms in favor of the

testators relative shall be understood to be in favor of those nearest
in degree.
Relatives extends only up to the 5th degree
LEGAL OR INTESTATE SUCCESSION

General Provisions
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When does it take place?
Article 960. Legal or intestate succession takes place:

1. If a person dies without a will, or with a void will, or one which has
subsequently lost its validity;
2. When the will does not institute an heir to, or dispose of all the
property belonging to the testator. In such case, legal succession shall
take place only with respect to the property of which the testator has
not disposed;
3. If the suspensive condition attached to the institution of heir does
not happen or is not fulfilled, or if the heir dies before the testator, or
repudiates the inheritance, there being no substitution, and no right
of accretion takes place;
4. When the heir instituted is incapable of succeeding, except in cases
provided in this Code.
Definition in the draft Legal or intestate succession takes place by operation

of law in the absence of a valid will.

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Instances when a legal or intestate succession operates
If a person dies without a will, or with a void will, or one which has
subsequently lost its validity A will that has subsequently lost its validity is
one that has been revoked without a later one taking its place.
When the will does not institute an heir to, or dispose of all the property
belonging to the testator. Legal succession shall take place only with
respect to the property of which the testator has not disposed.
If the suspensive condition attached to the institution of heir does not happen
or is not fulfilled, or if the heir dies before the testator, or repudiates the
inheritance, there being no substitution, and no right of accretion takes place.
When the heir instituted is incapable of succeeding, except in cases provided

in this Code. Articles 1027, 1028 and 1032
There is no will.
Happening of resolutory condition
Expiration of resolutory term
Preterition
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Other causes of intestacy

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Who are the instestate heirs?
Article 961. In default of testamentary heirs, the law vests the

inheritance, in accordance with the rules hereinafter set forth, in the
legitimate and illegitimate relatives of the deceased, in the surviving
spouse, and in the State.
Order of and share in the intestate succession
Article 962. In every inheritance, the relative nearest in degree

excludes the more distant ones, saving the right of representation
when it properly takes place.
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Relatives in the same degree shall inherit in equal shares, subject to

the provisions of Article 1006 with respect to relatives of the full or
half blood, and of Article 987, paragraph 2, concerning division
between the paternal and maternal lines.
Intestacy operates on the same principle as succession to the legitime.
Basic Rules of Intestacy

1. Preference of lines
The descending excludes the ascending and the collateral
The ascending excludes the collateral
2. Proximity of degree
The nearer exclude the more remote, without prejudice to representation
3. Equality among relatives of the same degree
Those of equal degree should inherit in equal shares
Exceptions
o The rule of preference of lines
o
The distinction between legitimate and illegitimate filiation
The rule of division by line in the ascending line
The distinction between full-blood and half-blood among brothers

and sisters, as well as nephews and nieces
representation

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RIGHT OF REPRESENTATION
Article 970. Representation is a right created by fiction of law, by

virtue of which the representative is raised to the place and the degree
of the person represented, and acquires the rights which the latter
would have if he were living or if he could have inherited.
Article 971. The representative is called to the succession by the law

and not by the person represented. The representative does not
succeed the person represented but the one whom the person
represented would have succeeded.
Article 972. The right of representation takes place in the direct

descending line, but never in the ascending.
Article 973. In order that representation may take place, it is

necessary that the representative himself be capable of succeeding the
decendent.
Article 974. Whenever there is succession by representation, the

division of the estate shall be made per stirpes, in such manner that
the representative or representatives shall not inherit more than what
the person they represent would inherit, if he were living or could
inherit.
Article 975. When children of one or more brothers or sisters of the

deceased survive, they shall inherit from the latter by representation,
if they survive with their uncles or aunts. But if they alone survive,
they shall inherit in equal portions.
Article 976. A person may represent him whose inheritance he has

renounced.
Article 977. Heirs who repudiate their share may not be represented.
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In the collateral line, it takes place only in favor of the children of

brothers or sisters, whether they be of the full or half blood.
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Representation a right created by fiction of law, by virtue of which the
representative is raised to the place and the degree of the person represented, and
acquires the rights which the latter would have if he were living or if he could have
inherited.
Instances when representation operates
Predecease
Incapacity or unworthiness
Disinheritance
Instances when representation never operates

Renunciation
In what kinds of succession does representation operate

Legitime Article 923, in case of disinheritance
Intestacy there is no representation in testamentary succession
With respect to intestacy

o In the direct descending line
o In one instance in the collateral line - nephews and nieces
representing the brothers and sisters of the deceased
Representation by illegitimate children

If the child to be represented is legitimate only legitimate
children/descendants can represent him
If the child to be represented is illegitimate both the legitimate and

illegitimate children/descendants can represent him
Representation by a Renouncer although a renounces cannot be

represented, he can represent the person whose inheritance he has
renounced. The representative does not succeed the person represented but
the one whom the person represented would have succeeded
How representation operates

The representative must be qualified to succeed the decedent. Article 971
The representative need not be qualified to succeed the person represented.
The person represented need not be qualified to succeed the decedent. The
reason why representation is taking place is that the person represented is
not qualified because of predecease, or intestacy, or disinheritance

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In what line does representation obtain

With respect to the legitime in the direct descending line only
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Representation
nephews/nieces
by
grandchildren
v.
Representation
by
If all the children are disqualified, the grandchildren still inherit by

representation
If all the brothers/sisters are disqualified, the nephews/nieces inherit per

capita
Article 902. The rights of illegitimate children set forth in the

preceding articles are transmitted upon their death to their
descendants, whether legitimate or illegitimate.
Article 992. An illegitimate child has no right to inherit ab intestate

from legitimate children and relatives of his father or mother; nor
illegitimate child.

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Article 982. The grandchildren and other descendants shall inherit by

right of representation, and if any one of them should have died,
leaving several heirs, the portion pertaining to him shall be divided
among the latter in equal portions.
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Article 1005. Should brothers and sisters survive together with

nephews and nieces, who are the children of the decedents brothers
and sisters of the full blood, the former shall inherit per capita and the
latter per stirpes.
Article 1006. Should brothers and sisters of the full blood survive
together with brothers and sisters of the half blood, the former shall
be entitled to a share double that of the latter.
Article 1008. Children of brothers and sisters of the half-blood shall

succeed per capita or per stirpes, in accordance with the rules laid
down for brothers and sisters of the full blood.
ORDER OF INTESTATE SUCCESSION

Descending Direct Line
1. Estate of a Legitimate Decedent
Illegitimate Children
Article 983. If illegitimate children should survive with legitimate

children, the shares of the former shall be in the proportions
Article 988. In the absence of legitimate descendants or ascendants,

the illegitimate children shall succeed to the entire estate of the
deceased.

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Article 1007. In case brothers and sisters of the half-blood, some on

the fathers and some on the mothers side, are the only survivors, all
shall inherit in equal shares without distinction as to the origin of the
property.
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Article 989. If, together with illegitimate children, there should
survive descendants of another illegitimate child who is dead, the
former shall succeed in their own right and the latter by right of
representation.


from the legitimate children and relatives of his father or mother; not
illegitimate child.
Estate of an illegitimate decedent

Legitimate children and descendant
Article 903. The legitime of the parents who have an illegitimate child,
when such child leaves neither legitimate descendants nor a surviving
spouse, not illegitimate children, is of the hereditary estate of such
illegitimate child. If only legitimate or illegitimate children are left,
the parents are not entitled to any legitime whatsoever. If only the
widow or widower survives with parents of the illegitimate child, the
legitime of the parents is of the hereditary estate of the child, and
that of the surviving spouse also of the estate.
Article 987. In default of the father and mother, the ascendants

nearest in degree shall inherit.
Should there be more than one of equal degree belonging to the same
line they shall divide the inheritance per capita; should they be of
different lines but of equal degree, shall go to the paternal and the
other half to the maternal ascendants. In each line the division shall
be made per capita.
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shall divide the inheritance with them, taking of the estate,
children.
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Article 988. In the absence of legitimate descendants or ascendants,
the illegitimate children shall succeed to the entire estate of the
deceased.
Article 989. If, together with illegitimate children, there should

survive descendants of another illegitimate child who is dead, the
former shall succeed in their own right and the latter by right of
representation.

shall divide the inheritance with them, taking of the estate,
children.

from the legitimate children and relatives of his father or mother; not
illegitimate child.
Article 993. If an illegitimate child should die without issue, either

legitimate or illegitimate, his father or mother shall succeed to his
entire estate; and if the childs filiation is duly proved as to both
parents, who are both living, they shall inherit from him share and
share alike.
Article 994. In default of the father or mother, an illegitimate child

shall be succeeded by his or her surviving spouse, who shall be entitled
to the entire estate.
If the widow or widower should survive with brothers and sisters,
nephews and nieces, she or he shall inherit of the estate, and the
latter the other half.

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Illegitimate children and descendants

Article 992. An illegitimate child has no right to inherit ab intestato

from the legitimate children and relatives of his father or mother; nor
illegitimate child.
Article 995. In the absence of legitimate descendants and ascendants,

and illegitimate children and their descendants, whether legitimate or
illegitimate, the surviving spouse shall inherit the entire estate,
without prejudice to the rights of brothers and sisters, nephews and
nieces, should there be any, under Article 1001.
Article 996. If a widow or widower and legitimate children or

descendants are left, the surviving spouse has in the succession the
same share as that of each of the children.
*This rule holds even if there is only 1 legitimate child, in which case the child and
the surviving spouse will divide the estate equally.

parents or ascendants, the surviving spouse shall be entitled to of
the estate, and the legitimate parents or ascendants to the other half.
Article 998. If a widow or widower survives will illegitimate children,

such widow or widower shall be entitled to of the inheritance, and
the illegitimate children or their descendants, whether legitimate or
illegitimate, to the other half.

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SURVIVING SPOUSE
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children or their descendants and illegitimate children or their
descendants, whether legitimate or illegitimate, such widow or
widower shall be entitled to the same share as that of a legitimate
child.
Article 1000. If the legitimate ascendants, the surviving spouse, and

illegitimate children are left, the ascendants shall be entitled to of
the inheritance, and the other half shall be divided between the
surviving spouse and the illegitimte children so that such widow or
widower shall have of the estate, and the illegitimate children the
other fourth.
Article 1002. In case of a legal separation, if the surviving spouse gave

cause for the separation, he or she shall not have any of the rights
granted in the preceding articles.
One of the effects of legal separation is the disqualification of the guilty spouse
from succession to the estate of the innocent spouse.
The disqualification is not imposed on the innocent spouse, who continues to be
an heir of the guilty spouse.
Ascending direct line
Article 985. In default of legitimate children and descendants of the

deceased, his parents and ascendants shall inherit from him, to the
exclusion of collateral relatives.
Article 986. The father and mother, if living shall inherit in equal
shares.
Should only one of them survive, he or she shall succeed to the entire
estate of the child.

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Article 1001. Should brothers and sisters or their children survive

with the widow or widower, the latter shall be entitled to of the
inheritance and the brothers and sisters or their children to the other
half.
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Article 987. In default of the father and mother, the ascendants
nearest in degree shall inherit.
Should there be more than one of equal degree belonging to the same
line they shall divide the inheritance per capita; should they be of
different lines but of equal degree, shall go to the paternal and the
other half to the maternal ascendants. In each line the division shall
be made per capita.
Illegitimate parents
COLLATERAL LINE
Article 1003. If there are no descendants, ascendants, illegitimate

children, or a surviving spouse, the collateral relatives shall succeed to
the entire estate of the deceased in accordance with the following
articles.
Article 1004. Should the only survivors be brothers and sisters of the
full blood, they shall inherit in equal parts.
Article 1005. Should brothers and sisters survive together with

nephews and nieces, who are the children of the decedents brothers
and sisters of the full blood, the former shall inherit per capita and the
latter per stirpes.
Article 1006. Should brothers and sisters of the full blood survive
together with brothers and sisters of the half blood, the former shall
be entitled to a share double that of the latter.

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Article 993. If an illegitimate child should die without issue, either

legitimate or illegitimate, his father or mother shall succeed to his
entire estate; and if the childs filiation is duly proved as to both
parents, who are both living, they shall inherit from him share and
share alike.
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Article 1007. In case brothers and sisters of the half-blood, some on
the fathers and some on the mothers side, are the only survivors, all
shall inherit in equal shares without distinction as to the origin of the
property.
*Since all the siblings are of the half-blood, the division is obviously equal.
Article 1008. Children of brothers and sisters of the half-blood shall

succeed per capita or per stirpes, in accordance with the rules laid
down for brothers and sisters of the full blood.
Article 1009. Should there be neither brothers nor sisters nor children
of brothers or sisters, the other collateral relatives shall succeed to the
estate.
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The latter shall succeed without distinction of lines or preference

among them by reason of relationship by the whole blood.
Nephews/nieces exclude uncles/aunts, though all are 3 rd degree relatives.
Article 1010. The right to inherit ab intestate shall not extend beyond
the 5th degree of relationship in the collateral line.

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THE STATE
Article 1011. In default of persons entitled to succeed in accordance

with the provisions of the preceding sections, the State shall inherit
the whole estate.
Article 1012. In order that the State may take possession of the
property mentioned in the preceding article, the pertinent provisions
of the Rules of Court must be observed.
If the deceased never resided in the Philippines, the whole estate shall
be assigned to the respective municipalities or cities where the same
is located.
Such estate shall be for the benefit of public schools, and public
charitable institutions and centers, in such municipalities or cities.
The court shall distribute the estate as the respective needs of each
beneficiary may warrant.
The court, at the instance of an interested party, or on its own motion,
may order the establishment of a permanent trust, so that only the
income from the property shall be used.
Article 1014. If a person legally entitled to the estate of the deceased

appears and files a claim thereto with the court within 5 years from
the date the property was delivered to the State, such person shall be
entitled to the possession of the same, or if sold, the municipality or
city shall be accountable to him for such part of the proceed as may
not have been lawfully spent.
Prescriptive period for claim 5 years from the delivery of the property to the
State
Who may make the claim Any person entitled by succession to the estate
*This includes any heir by any kind of succession legitime, testamentary or
intestate

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Article 1013. After the payment of debts and charges, the personal
property shall be assigned to the municipality or city where the
deceased last resided in the Philippines, and the real estate to the
municipalities or cities, respectively, in which the same is situated.
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PROVISIONS COMMON TO TESTATE AND INTESTATE SUCCESSION
Right of Accretion
Article 1015. Accretion is a right by virtue of which, when 2 or more

persons are called to the same inheritance, devise or legacy, the part
assigned to the one who renounces or cannot receive his share, or who
died before the testator, is added or incorporated to that of his coheirs, co-devisees, or co-legatees.
Article 1016. In order that the right of accretion may take place in a
testamentary succession, it shall be necessary:
1. that 2 or more persons be called to the same inheritance, or to the
same portion thereof, pro indiviso; and
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2. that one of the persons thus called die before the testator, or
renounce the inheritance, or be incapacitated to receive it.
Occasions for the operation of accretion

Renunciation
Predecease
Incapacity
*These are the same occasions for simple substitution
Elements of Accretion
2 or more persons are called to the inheritance, or to the same portion thereof,
pro indiviso
Renunciation, predecease, or incapacity of one of the instituted heirs
Meaning of Pro Indiviso as undivided, in common

Either the co-heirs are instituted without individual designation of shares
The co-heirs are instituted with the specification that they share equally or that
they have the same fractional sharing
Accretion does not import equality. Accretion will occur even if sharings are
unequal, as long as the result of the institution is co-ownership.

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Article 1017. The words one half for each or in equal shares or any
others which, though designating an aliquot part, do not identify it by
such description as shall make each heir the exclusive owner of
determinate property, shall not exclude the right of accretion.
In case of money or fungible goods, if the share of each heir is not
earmarked, there shall be a right of accretion.
In legal succession
In intestacy, accretion occurs in:

Repudiation or renunciation
In predecease only if representation does not take place
In incapacity or unworthiness only if representation does not take place
The co-heirs in whose favor accretion occurs must be co-heirs in the same
category as the excluded heir.
Compulsory succession
Article 1021. Among the compulsory heirs the right of accretion shall
take place only when the free portion is left to 2 or more of them, or to
any 1 of them and to a stranger.
Should the part repudiated be the legitime, the other co-heirs shall
succeed to it in their own right, and not by the right of accretion.
Accretion should be proportional.

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Article 1018. In legal succession the share of the person who

repudiates the inheritance shall aways accrue to his co-heirs.
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Testamentary succession
Article 1022. In testamentary succession, when the right of accretion

does not take place, the vacant portion of the instituted heirs, if no
substitute has been designated, shall pass to the legal heirs of the
testator, who shall receive it with the same charges and obligations.
In testamentary succession, accretion is subordinate to substitution, if the testator

has so provided.
Substitution is the testators express intent, while accretion is merely
implied intent.
If there is no substitution and no accretion, the part left vacant will lapse into
intestacy and will be disposed of accordingly.
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Article 1023. Accretion shall also take place among devisees, legatees
and usufructuaries under the same conditions established for heirs.
PARTITION AND DISTRIBUTION OF THE ESTATE
Article 1078. Where there are 2 or more heirs, the whole estate of the
decedent is, before its partition, owned in common by such heirs,
subject to the payment of debts of the deceased.
The immediate effect of the decedents death is the vesting of the successional
rights of the successors. the net estate
Article 1079. Partition, in general, is the separation, division, and

assignment of a thing held in common among those to whom it may
belong. The thing itself may be divided or its value.
Partition ends the co-ownership among the co-heirs as to the thing partitioned.
Kinds of partition
Actual physical division of the thing among the co-heirs
Constructive any act, other than physical division, which terminates

the co-ownership

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Article 1080. Should a person make a partition of the estate by an act
inter vivos, or by will, such partition shall be respected, insofar as it
does not prejudice the legitime of the compulsory heirs.
A parent who, in the interest of his or her family, desires to keep any
agricultural, industrial, or manufacturing enterprise intact, may avail
himself of the right granted him in this article, by ordering that the
legitime of the other children to whom the property is not assigned, be
paid in cash.
Partition by causante
Causante - the decedent
The decedent can himself effect the partition of his estate.
Revocable as long as the causante is alive; causante can change or modify it, or
even rescind it during his lifetime
How causante may make the partition

By will
By act inter vivos

o Should be in writing and in a public instrument
o Chavez v. IAC oral partition is valid
Article 1081. A person may, by an act inter vivos or mortis causa,

intrust the mere power to make the partition after his death to any
person who is not one of the co-heirs.
The provisions of this and of the preceding article shall be observed
even should there be among the co-heirs a minor or a person subject
to guardianship; but the mandatary, in such case, shall make an
inventory of the property of the estate, after notifying the co-heirs, the
creditors, and the legatees or devisees.
Mandatary cannot be a co-heir. to ensure fairness and impartiality

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Nature of partition by causante

Takes effect only upon death
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Article 1082. Every act which is intended to put an end to indivision
among co-heirs and legatees or devisees is deemed to be a partition,
although it should purport to be a sale, an exchange, a compromise,
or any other transaction.
This article refers to cases of constructive partition.
Article 1083. Every co-heir has a right to demand the division of the
estate unless the testator should have expressly forbidden its
partition, in which case the period of indivision shall not exceed 20
years as provided in article 494. This power of the testator to prohibit
division applies to the legitime.
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Even though forbidden by the testator, the co-ownership terminates

when any of the causes for which partnership is dissolved takes place,
or when the court finds for compelling reasons that division should be
ordered, upon petition of one of the co-heirs.
Partition is generally a matter of right.
General Rule: Any co-heir may demand partition at any time.
Exceptions:
When forbidden by the testator for a period not exceeding 20 years
o
Exception to the exception

When any of the causes for the dissolution of a
partnership occurs
When the court finds compelling reasons for partition
When the co-heirs agree on indivision for a period not exceeding 10 years
When the law prohibits partition
Article 1084. Voluntary heirs upon whom some condition has been
imposed cannot demand a partition until the condition has been
fulfilled; but the other co-heirs may demand it by giving sufficient
security for the rights which the former may have in case the condition
should be complied with, and until it is known that the condition has
not been fulfilled or can never be complied with, the partition shall be
understood to be provisional.

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Article 1085. In the partition of the estate, equality shall be observed
as far as possible, dividing the property into lots, or assigning to each
of the co-heirs things of the same nature, quality and kind.
Equality among co-heirs
Quantitative The shares of the co-heirs are not necessarily equal in

value, but are determined by law and by will.
Qualitative Whatever the aliquot portions be, however, the law

mandates equality in nature, kind, and quality.
Exceptions to qualitative equality
If the causante has made the partition himself
If the co-heirs agree otherwise
If qualitative equality impossible or impracticable
Article 1086. Should a thing be indivisible, or would be much impaired

by its being divided, it may be adjudicated to one of the heirs, provided
he shall pay the others the excess in cash.
Nevertheless, if any of the heirs should demand that the thing be sold
at public auction and that strangers be allowed to bid, this must be
done.
Sale of the thing and division of the proceeds among the heirs another
form of constructive partition
*This is resorted to when the thing is essentially indivisible or if physical partition
will so diminish its value that it becomes unserviceable or useless.
To whom the thing may be sold:
To a 3rd person
To any one of the heirs, if none of the co-heirs object
Article 1087. In the partition the co-heirs shall reimburse one another
for the income and fruits which each one of them may have received
from any property of the estate, for any useful and necessary expenses
made upon such property, and for any damage thereto through malice
or neglect.
Mutual accounting Upon partition, the co-heirs shall render a mutual

accounting of benefit received and expenses incurred by each of them.
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Article 1088. Should any of the heirs sell his hereditary rights to a
stranger before the partition, any or all of the co-heirs may be
subrogated to the rights of the purchaser by reimbursing him for the
price of the sale, provided they do so within the period of 1 month from
the time they were notified in writing of the sale by the vendor.
An heir may dispose of his aliquot share after his successional right is vested
(decedents death). onerously or gratuitously
Right of redemption in case of sale In the event that any co-heir sells his
aliquot portion to a stranger before partition time, any co-heir is entitled to redeem
the portion sold.
Sale must be to a stranger Stranger is anyone who is not a co-heir.
When right of redemption may be exercised before partition
*Without the written notice, the period does not commence to run.
When more than 1 co-owner wish to redeem they may do so but in
proportion to each ones hereditary interest over the mass
Article 1089. The titles of acquisition or ownership of each property

shall be delivered to the co-heir to whom said property has been
adjudicated.
This is important in case of registered land because the old title has to be
surrendered so that a new title in the name of the heir may be issued.
Article 1090. When the title comprises 2 or more pieces of land which
have been assigned to 2 or more co-heirs, or when it covers 1 piece of
land which has been divided between 2 or more co-heirs, the title shall
be delivered to the 1 having the largest interest, and authentic copies
of the title shall be furnished to the other co-heirs at the expense of the
estate. If the interest of each co-heir should be the same, the oldest
shall have the title.
The co-heirs have the right to have the title divided into individual titles, a separate
one for each of the owners to correspond to the separate portions held by them
respectively.

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Written notice right of redemption may be exercised by the co-heirs within 1

month from written notice to them by the vendor
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EFFECTS OF PARTITION
Article 1091. A partition legally made confers upon each heir the
exclusive ownership of the property adjudicated.
*termination of co-ownership
Article 1092. After the partition has been made, the co-heirs shall be
reciprocally bound to warrant the title to, and the quality of, each
property adjudicated.
Article 1093. The reciprocal obligation of warranty referred to in the

preceding article shall be proportionate to the respective hereditary
shares of the co-heirs; but if any one of them should be insolvent, the
other co-heirs shall be liable for his part in the same proportion,
deducting the part corresponding to the one who should be
indemnified
Those who pay for the insolvent heir shall have a right of action
against him for reimbursement, should his financial condition
improve.
Proportional liability of co-heirs on warranty burdens should be

proportional to benefits
Insolvency of one of the obligors proportion of the insolvent co-heir shall
be borne proportionally by all, including the one entitled to the warranty.
Exception to the right to reimbursement from insolvent obligor when
insolvency is judicially declared under the Insolvency Law extinguishes all
obligations
Article 1094. An action to enforce the warranty among co-heirs must

be brought within 10 years from the date of the right of action accrues.

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*obligation of mutual warranty
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Article 1095. If a credit should be assigned as collectible, the co-heirs
shall not be liable for the subsequent insolvency of the debtor of the
estate, but only for his insolvency at the time the partition is made.
The warranty of the solvency of the debtor can only be enforced during
the 5 years following the partition.
Co-heirs do not warrant bad debts, if so known to, and accepted by the
distributee. But if such debts are not assigned to a co-heir, and should
be collected, in whole or in part, the amount collected shall be
distributed proportionately among the heirs.
Credit assigned to co-heir in partition - The warranty covers only insolvency

of the decedents debtor at the time of the partition, not subsequent insolvency, for
which the co-heir takes the risk.
Warranty has a prescriptive period of 5 years.
Article 1096. The obligation of warranty among co-heirs shall cease in

the following cases:
1. When the testator himself has made the partition, unless it appears,
or it may be reasonably presumed, that his intention was otherwise,
but the legitime shall always remain unimpaired;
2. When it has been so expressly stipulated in the agreement of
partition, unless there has been bad faith;
3. When the eviction is due to a cause subsequent to the partition, or
has been caused by the fault of the distributee of the property.
Add:
4. fault of the co-heir
5. waiver

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Bad debt assigned to a co-heir A co-heir who accepts a known bad debt as
his share is either a fool or a masochist.
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RESCISSION AND NULLITY OF PARTITION
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Article 1097. A partition may be rescinded or annulled for the same

causes as contracts.
Article 1098. A partition, judicial or extrajudicial may also be

rescinded on account of lesion, when any one of the co-heirs received
things whose value is less, by at least , that the share to which he is
entitled, considering the value of the things at the time they were
adjudicated.
Lesion is economic injury, where the party receives less that he is entitled to
receive; exceedingly difficult to determine and evaluate and is viewed with
increasing disfavor by modern civil law.
Amount of lesion the minimum extend of lesion for rescission to be available
is (25%)
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Article 1099. The partition made by the testator cannot be impugned
on the ground of lesion, except when the legitime of the compulsory
heirs is thereby prejudiced, or when it appears or may reasonably be
presumed, that the intention of the testator was otherwise.
A partition made by the testator himself is not subject to rescission even in case of
lesion (1/4 or 25%).
Exceptions:
Impairment of the legitime
Mistake by the testator or vitiation of his intent
4 years prescriptive period - same period as in general rule of rescission of

contracts
Article 1101. The heir who is sued shall have the option of
indemnifying the plaintiff for the loss, or consenting to a new
partition.
Indemnity may be made by payment in cash or by the delivery of a
thing of the same kind and quality as that awarded to the plaintiff.
If a new partition is made, it shall affect neither those who have not
been prejudiced nor those who have not received more than their just
share.
Obligors options It is the co-heir who is sued for rescission who has the option
To have a re-partition, or
To indemnify the co-heir the amount of the lesion suffered
Article 1102. An heir who has alienated the whole or a considerable

part of the real property adjudicated to him cannot maintain an action
for rescission on the ground of lesion, but he shall have a right to be
indemnified in cash.

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Article 1100. The action for rescission on account of lesion shall

prescribe after 4 years from the time the partition was made.
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Article 1103. The omission of one or more objects or securities of the
inheritance shall not cause the rescission of the partition on the
ground of lesion, but the partition shall be completed by the
distribution of the objects or securities which have been omitted.
Incompleteness of the partition is not a ground for rescission.

Remedy: supplemental partition.
Article 1104. A partition made with preterition of any of the

compulsory heirs shall not be rescinded, unless it be proved that there
was bad faith, or fraud on the part of the other persons interested; but
the latter shall be proportionately obliged to pay to the person omitted
the share which belongs to him.
This is simply an omission of a compulsory heir in the partition, the assumption

being that something is left for him in the form of an undisposed portion of the
estate.
*The rightful heir simply gets his rightful share.
If the compulsory heir is one in the direct line and is totally omitted from the
inheritance, Article 854 applies.
Article 1005. A partition which includes a person believed to be an

heir, but who is not, shall be void only with respect to that person.
An outsider is mistakenly included in the partition.

Remedy: to recover the property from him and have it redistributed among the
proper recipients.
EXECUTORS AND ADMINISTRATORS
Article 1058. All matters relating to the appointment, powers and

duties of executors and administrators and concerning the
administration of estates of deceased persons shall be governed by the
Rules of Court.
Pertinent provisions of the Rules of Court: Rules 78-90

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*does not refer to preterition under Article 854
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Article 1059. If the assets of the estate of a decedent which can be
applied to the payment of debts are not sufficient for that purpose, the
provisions of articles 2239 and 2251 on Preference of Credits shall be
observed, provided that the expenses referred to in Article 2244, No.
8, shall be those involved in the administration of the decedents
estate.
*This should be read together with Rule 78 of the Rules of Court issuance of
letters testamentary and of administration.
RULE 85 Accountability and Compensation of Executors and

Administrators
Section 5. Accountable if he neglects or delays to raise or pay money.
When an executor or administrator neglects or unreasonably delays
to raise money, by collecting the debts or selling the real or personal
estate of the deceased, or neglects to pay over the money he has in his
hands, and the value of the estate is thereby lessened or unnecessary
cost or interest accrues, or the persons interested suffer loss, the same
shall be deemed waste and the damage sustained may be charged and
allowed against him in his account, and he shall be liable therefor on
his bond.
RULE 86 Claims Against Estate

Section 1. Notice to creditors to be issued by court. Immediately
after granting letters testamentary or of administration, the court
shall issue a notice requiring all persons having money claims against
the decedent to file them in the office of the clerk of said court.

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Article 1060. A corporation or association authorized to conduct the

business of a trust company in the Philippines may be appointed as an
executor, administrator, guardian of an estate, or trustee, in like
manner as an individual; but it shall not be appointed guardian of the
person of a ward.
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RULE 78 - Letters Testamentary and of Administration, When and to Whom Issued

Section 1. Who are incompetent to serve as executors or administrators. No person in competent
to serve as executor or administrator who:
(a) Is a minor;
(b) Is not a resident of the Philippines; and
(c) Is in the opinion of the court unfit to execute the duties of the trust by reason of
drunkenness, improvidence, or want of understanding or integrity, or by reason of conviction
of an offense involving moral turpitude.
Section 2. Executor of executor not to administer estate. The executor of an executor shall not, as
such, administer the estate of the first testator.
Section 3. Married women may serve. A married woman may serve as executrix or administratrix,
and the marriage of a single woman shall not affect her authority so to serve under a previous
appointment.
Section 5. Where some coexecutors disqualified others may act. When all of the executors named
in a will can not act because of incompetency, refusal to accept the trust, or failure to give bond, on
the part of one or more of them, letters testamentary may issue to such of them as are competent,
accept and give bond, and they may perform the duties and discharge the trust required by the will.
Section 6. When and to whom letters of administration granted. If no executor is named in the will,
or the executor or executors are incompetent, refuse the trust, or fail to give bond, or a person dies
intestate, administration shall be granted:
(a) To the surviving husband or wife, as the case may be, or next of kin, or both, in the
discretion of the court, or to such person as such surviving husband or wife, or next of kin,
requests to have appointed, if competent and willing to serve;
(b) If such surviving husband or wife, as the case may be, or next of kin, or the person
selected by them, be incompetent or unwilling, or if the husband or widow, or next of kin,
neglects for thirty (30) days after the death of the person to apply for administration or to
request that administration be granted to some other person, it may be granted to one or
more of the principal creditors, if may be granted to one or more of the principal creditors, if
competent and willing to serve;
(c) If there is no such creditor competent and willing to serve, it may be granted to such
other person as the court may select.

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Section 4. Letters testamentary issued when will allowed. When a will has been proved and
allowed, the court shall issue letters testamentary thereon to the person named as executor therein,
if he is competent, accepts the trust, and gives bond as required by these rules.
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LORENZO

My Succession Notes Part 6

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My Succession Notes Part 6

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Page |1

A. DEFINITION AND CONCEPT

Succession is derived from 2 Latin words:

Succession is the last mode of acquiring ownership.

Article 774. Succession is a mode of acquisition by virtues of which

Article 712. Ownership is acquired by occupation and by intellectual creation.

SUCCESSION NOTES | CIVIL LAW REVIEW 1 |

These underpinnings are gone now.

Basis of the Law on Succession

BASIS OF THE LAW ON SUCCESSION

Every person during his lifetime is at the center of a number of juridical

Important Principles of Succession (which permeates the entirety of

SUCCESSION NOTES | CIVIL LAW REVIEW 1 |

(Based on the lecture given by JBL Reyes.)

Allowance of holographic wills (Art. 810.) It gives greater freedom to

Areas in Succession Affected by the American Code:

SUCCESSION NOTES | CIVIL LAW REVIEW 1 |

Major Changes in the New Civil Code on Succession

Governing law as to time:

When the acts referred to are executed before the diplomatic or

Article 810. A person may execute a holographic will which must be

Article 815. When a Filipino is in a foreign country, he is authorized to

Article 819. Wills, prohibited by the preceding article, executed by

Governing law as to place:

C. LAW GOVERNING CONTENT

Article 2263. Rights to the inheritance of a person who died, with or

SUCCESSION NOTES | CIVIL LAW REVIEW 1 |

As to successional rights, etc.

Article 16. Real property as well as personal property is subject to the

Article 1039. Capacity to succeed is governed by the law of the nation of

Article 782. An heir is a person called to the succession either by the

However, intestate and testamentary successions, both with respect to

The father or mother of illegitimate children of the three classes

Specified in Articles 164 and 54 of the Family Code

legitimate descendants The general rule is that the nearer exclude

Secondary compulsory heirs They are so called because they receive

SUCCESSION NOTES | CIVIL LAW REVIEW 1 |

In all cases of illegitimate children, their filiation must be duly proved.

legitimate parents and/or ascendants only in default of the

illegitimate parents only in default of any kind of children/

Concurring compulsory heirs They are so called because they succeed

surviving spouse the spouse of the decedent, not the spouse of a

SUCCESSION NOTES | CIVIL LAW REVIEW 1 |

illegitimate descendants The same rule applies here as in the

Article 1003. If there are no descendants, ascendants, illegitimate

Who Are the Subjects

Article 963. Proximity of relationship is determined by the number of

Direct and collateral The direct is preferred over the collateral

Descending direct and ascending direct The descending is preferred

SUCCESSION NOTES | CIVIL LAW REVIEW 1 |

Collateral line Computation of degrees is particularly important because

Article 965. The direct line is either descending or ascending.

Article 967. Full blood relationship is that existing between persons

SUCCESSION NOTES | CIVIL LAW REVIEW 1 |

In case of predecease or incapacity, representation, if proper, will prevent

Article 969. If the inheritance should be repudiated by the nearest

Effect of renunciation by all in the same degree

The descending line first If all descendants of a certain degree renounce,

Predecease or incapacity by all in the same degree

SUCCESSION NOTES | CIVIL LAW REVIEW 1 |

Article 1024. Persons not incapacitated by law may succeed by will or

General rule: in favor of capacity to succeed, as long as the successor has

[Balane] The 2nd paragraph is inaccutate Some grounds for incapacity to

Article 1034. In order to judge the capacity of the heir, devisee or