AUSTRIA v.

REYES 31 SCRA 754 (1970)

FACTS: Basilia Austria fi led a petition for ante mortem probate of her last will and testament which gave the bulk of
her properties to respondents (declared by her to be her adopted children). Such will was admitted for probate.
Two years after probate, Basilia died and her nephews and nieces filed an intervention to the partition alleging that
the respondents were not Basilias adopted children and were therefore strangers without any right of succession.
The petitioners contend that the entire estate, and not just the properties disposed of by will, should pass to them
by intestacy because of the intrinsic nullity of the institution of heirs.

ISSUE: Whether the institution of heirs is invalid because of false cause (nullity of the adoption).

HELD: NO! Even if Basilia had used the terms sapilitang mana and sapilitang tagapamana, there is no indication
that had she known that the respondents were not her adopted children then she would have not instituted them
as heirs. The disposition of the free portion was largely at Basilias discretion and she had given a large part thereof
to the respondents while giving a relatively small legacy in favor of the petitioners. Any other interpretation of
Basilias actions would prejudice her clear and manifest wishes. The fact that the testatrix referred to the
compulsory heirs as sapilitang tagapamana does not invalidate the institution for the actions for the testatrix was
to the contrary as she should just have given them the value of the legitimes but she in fact gave more than the
value. Therefore, the thought that she was obligated to give is negated by the fact that she did give more than what
was required by law

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.

Section 2. Time within which claims shall be filed. In the notice provided in the preceding section, the court shall
estate the time for the filing of claims against the estate, which shall not be more than twelve (12) not less than six
(6) months after the date of the first publication of the notice. However, at any time before an order of distribution
is entered, on application of a creditor who has failed to file his claim within the previously limited, the court may,
for cause shown and on such terms as are equitable, allow such claim to be filed within a time not exceeding one (1)
month.

Section 3. Publication of notice to creditors. Every executor or administrator shall, immediately after the notice to
creditors is issued, cause the same to be published three (3) weeks successively in a newspaper of general
circulation in the province, and to be posted for the same period in four public places in the province and in two
public places in the municipality where the decedent last resided.

Section 4. Filing of copy of printed notice. Within ten (10) days after the notice has been published and posted in
accordance with the preceding section, the executor or administrator shall file or cause to be filed in the court a
printed copy of the notice accompanied with an affidavit setting forth the dates of the first and last publication
thereof and the name of the newspaper in which the same is printed.

Section 5. Claims which must be filed under the notice. If not filed, barred; exceptions. All claims for money against
the decent, arising from contract, express or implied, whether the same be due, not due, or contingent, all claims
for funeral expenses and expense for the last sickness of the decedent, and judgment for money against the decent,
must be filed within the time limited in the notice; otherwise they are barred forever, except that they may be set
forth as counterclaims in any action that the executor or administrator may bring against the claimants. Where an
executor or administrator commences an action, or prosecutes an action already commenced by the deceased in his
lifetime, the debtor may set forth by answer the claims he has against the decedent, instead of presenting them
independently to the court as herein provided, and mutual claims may be set off against each other in such action;
and if final judgment is rendered in favor of the defendant, the amount so determined shall be considered the true
balance against the estate, as though the claim had been presented directly before the court in the administration
proceedings. Claims not yet due, or contingent, may be approved at their present value.

Section 6. Solidary obligation of decedent. Where the obligation of the decedent is solidary with another debtor,
the claim shall be filed against the decedent as if he were the only debtor, without prejudice to the right of the
estate to recover contribution from the debtor. In a joint obligation of the decedent, the claim shall be confined to
the portion belonging to him.

Section 7. Mortgage debt due from estate. A creditor holding a claim against the deceased secured by mortgage
or other colateral security, may abandon the security and prosecute his claim in the manner provided in this rule,
and share in the general distribution of the assets of the estate; or he may foreclose his mortgage or realize upon his
security, by action in court, making the executor or administrator a party defendant, and if there is a judgment for a
deficiency, after the sale of the mortgaged premises, or the property pledged, in the foreclosure or other
proceeding to realize upon the security, he may claim his deficiency judgment in the manner provided in the
preceding section or he may rely upon his mortgage or other security alone, and foreclosure the same at any time
within the period of the statute of limitations, and in that event he shall not be admitted as a creditor, and shall
receive no share in the distribution of the other assets of estate; but nothing herein contained shall prohibit the
executor or administrator from redeeming the property mortgaged or pledged, by paying the debt for which it is
held as security, under the direction of the court, if the court shall adjudge it to be for the best interest of the estate
that such redemption shall be made.

Section 8. Claim of executor or administrator against an estate. If the executor or administrator has a claim
against the estate he represents, he shall give notice thereof, in writing, to the court, and the court shall appoint a
special administrator, who shall, in the adjustment of such claim, have the same power and be subject to the same
liability as the general administrator or executor in the settlement of other claims. The court may order the executor
or administrator to pay to the special administrator necessary funds to defend such claim.

Section 9. How to file a claim. Contents thereof. Notice to executor or administrator. A claim may be filed by
delivering the same with the necessary vouchers to the clerk of court and by serving a copy thereof on the executor
or administrator. If the claim be founded on a bond, bill, note, or any other instrument, the original need not be
filed, but a copy thereof with all indorsements shall be attached to the claim and filed therewith. On demand,
however, of the executor or administrator, or by order of the court or judge, the original shall be exhibited, unless it
be list or destroyed, in which case the claimant must accompany his claim with affidavit or affidavits containing a
copy or particular description of the instrument and stating its loss or destruction. When the claim is due, it must be
supported by affidavit stating the amount justly due, that no payments have been made thereon which are not
credited, and that there are no offsets to the same, to the knowledge of the affiant. If the claim is not due, or is
contingent, when filed, it must also be supported by affidavits stating the particulars thereof. When the affidavit is
made by a person other than the claimant, he must set forth therein the reason why it is not made by the claimant.
The claim once filed shall be attached to the record of the case in which the letters testamentary or of
administration were issued, although the court, in its discretion, and as a matter of convenience, may order all the
claims to be collected in a separate folder.

Section 10. Answer of executor or administrator. Offsets Within fifteen (15) days after service of a copy of the
claim on the executor or administrator, he shall file his answer admitting or denying the claim specifically, and
setting forth the admission or denial. If he has no knowledge sufficient to enable him to admit or deny specifically,
he shall state such want of knowledge. The executor or administrator in his answer shall allege in offset any claim
which the decedent before death had against the claimant, and his failure to do so shall bar the claim forever. A
copy of the answer shall be served by the executor or administrator on the claimant. The court in its discretion may
extend the time for filing such answer.
Section 11. Disposition of admitted claim. Any claim admitted entirely by the executor or administrator shall
immediately be submitted by the clerk to the court who may approve the same without hearing; but the court, in its
discretion, before approving the claim, may order that known heirs, legatees, or devisees be notified and heard. If
upon hearing, an heir, legatees, or devisee opposes the claim, the court may, in its discretion, allow him fifteen (15)
days to file an answer to the claim in the manner prescribed in the preceding section.

Section 12. Trial of contested claim. Upon the filing of an answer to a claim, or upon the expiration of the time for
such filing, the clerk of court shall set the claim for trial with notice to both parties. The court may refer the claim to
a commissioner.

Section 13. Judgment appealable. The judgment of the court approving or disapproving a claim, shall be filed with
the record of the administration proceedings with notice to both parties, and is appealable as in ordinary cases. A
judgment against the executor or administrator shall be that he pay, in due course of administration, the amount
ascertained to be due, and it shall not create any lien upon the property of the estate, or give to the judgment
creditor any priority of payment.

Section 14. Costs. When the executor or administrator, in his answer, admits and offers to pay part of a claim, and
the claimant refuses to accept the amount offered in satisfaction of his claim, if he fails to obtain a more favorable
judgment, he cannot recover costs, but must pay to the executor or administrator costs from the time of the offer.
Where an action commenced against the deceased for money has been discontinued and the claim embraced
therein presented as in this rule provided, the prevailing party shall be allowed the costs of his action up to the time
of its discontinuance.

Republic Act No. 7170 January 7, 1992

AN ACT AUTHORIZING THE LEGACY OR DONATION OF ALL OR PART OF A HUMAN BODY AFTER DEATH FOR SPECIFIED
PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

Section 1. Title. This Act shall be known as the "Organ Donation Act of 1991".

Section 2. Definition of Terms. As used in this Act the following terms shall mean:

(a) "Organ Bank Storage Facility" - a facility licensed, accredited or approved under the law for storage of human
bodies or parts thereof.

(b) "Decedent" - a deceased individual, and includes a still-born infant or fetus.

(c) "Testator" - an individual who makes a legacy of all or part of his body.

(d) "Donor" - an individual authorized under this Act to donate all or part of the body of a decedent.1awphilalf

(e) "Hospital" - a hospital licensed, accredited or approval under the law, and includes, a hospital operated by the
Government.

(f) "Part" - includes transplantable organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of the
human body.

(g) "Person" - an individual, corporation, estate, trust, partnership, association, the Government or any of its
subdivisions, agencies or instrumentalities, including government-owned or -controlled corporations; or any other
legal entity.

(h) "Physician" or "Surgeon" - a physician or surgeon licensed or authorized to practice medicine under the laws of
the Republic of the Philippines.
(i) "Immediate Family" of the decedent - the persons enumerated in Section 4(a) of this Act.

(j) "Death" - the irreversible cessation of circulatory and respiratory functions or the irreversible cessation of all
functions of the entire brain, including the brain stem. A person shall be medically and legally dead if
either:1awphilalf

(1) In the opinion of the attending physician, based on the acceptable standards of medical practice, there is an
absence of natural respiratory and cardiac functions and, attempts at resuscitation would not be successful in
restoring those functions. In this case, death shall be deemed to have occurred at the time these functions ceased;
or

(2) In the opinion of the consulting physician, concurred in by the attending physician, that on the basis of
acceptable standards of medical practice, there is an irreversible cessation of all brain functions; and considering the
absence of such functions, further attempts at resuscitation or continued supportive maintenance would not be
successful in resorting such natural functions. In this case, death shall be deemed to have occurred at the time when
these conditions first appeared.

The death of the person shall be determined in accordance with the acceptable standards of medical practice and
shall be diagnosed separately by the attending physician and another consulting physician, both of whom must be
appropriately qualified and suitably experienced in the care of such parties. The death shall be recorded in the
patient's medical record.

Section 3. Person Who May Execute A Legacy. Any individual, at least eighteen (18) years of age and of sound mind,
may give by way of legacy, to take effect after his death, all or part of his body for any purpose specified in Section 6
hereof.

Section 4. Person Who May Execute a Donation.

(a) Any of the following, person, in the order of property stated hereunder, in the absence of actual notice of
contrary intentions by the decedent or actual notice of opposition by a member of the immediate family of the
decedent, may donate all or any part of the decedent's body for any purpose specified in Section 6 hereof:

(1) Spouse;

(2) Son or daughter of legal age;

(3) Either parent;

(4) Brother or sister of legal age; or

(5) Guardian over the person of the decedent at the time of his death.

(b) The persons authorized by sub-section (a) of this Section may make the donation after or immediately before
death.

Section 5. Examination of Human Body or Part Thereof . A legacy of donation of all or part of a human body
authorizes any examination necessary to assure medical acceptability of the legacy or donation for the purpose(s)
intended.

For purposes of this Act, an autopsy shall be conducted on the cadaver of accident, trauma, or other medico-legal
cases immediately after the pronouncement of death, to determine qualified and healthy human organs for
transplantation and/or in furtherance of medical science.

Section 6. Persons Who May Become Legatees or Donees. The following persons may become legatees or donees of
human bodies or parts thereof for any of the purposes stated hereunder:
(a) Any hospital, physician or surgeon - For medical or dental education, research, advancement of medical or dental
science, therapy or transplantation;

(b) Any accredited medical or dental school, college or university - For education, research, advancement of medical
or dental science, or therapy;

(c) Any organ bank storage facility - For medical or dental education, research, therapy, or transplantation; and

(d) Any specified individual - For therapy or transplantation needed by him.

Section 7. Duty of Hospitals. A hospital authorized to receive organ donations or to conduct transplantation shall
train qualified personnel and their staff to handle the task of introducing the organ donation program in a humane
and delicate manner to the relatives of the donor-decedent enumerated in Section 4 hereof. The hospital shall
accomplish the necessary form or document as proof of compliance with the above requirement.

Section 8. Manner of Executing a Legacy.

(a) Legacy of all or part of the human body under Section 3 hereof may be made by will. The legacy becomes
effective upon the death of the testator without waiting for probate of the will. If the will is not probated, or if it is
declared invalid for testamentary purposes, the legacy, to the extent that it was executed in good faith, is
nevertheless valid and effective.

(b) A legacy of all or part of the human body under Section 3 hereof may also be made in any document other than
a will. The legacy becomes effective upon death of the testator and shall be respected by and binding upon his
executor or administrator, heirs, assigns, successors-in-interest and all members of the family. The document, which
may be a card or any paper designed to be carried on a person, must be signed by the testator in the presence of
two witnesses who must sign the document in his presence. If the testator cannot sign, the document may be
signed for him at his discretion and in his presence, in the presence of two witnesses who must, likewise, sign the
document in the presence of the testator. Delivery of the document of legacy during the testator's lifetime is not
necessary to make the legacy valid.

(c) The legacy may be made to a specified legatee or without specifying a legatee. If the legacy is made to a specified
legatee who is not available at the time and place of the testator's death, the attending physician or surgeon, in the
absence of any expressed indication that the testator desired otherwise, may accept the legacy as legatee. If the
legacy does not specify a legatee, the legacy may be accepted by the attending physician or surgeon as legatee upon
or following the testator's death. The physician who becomes a legatee under this subsection shall not participate in
the procedures for removing or transplanting a part or parts of the body of the decedent.

(d) The testator may designate in his will, card or other document, the surgeon or physician who will carry out the
appropriate procedures. In the absence of a designation, or if the designee is not available, the legatee or other
persons authorized to accept the legacy may authorize any surgeon or physician for the purpose.

Section 9. Manner of Executing a Donation. Any donation by a person authorized under subsection (a) of Section 4
hereof shall be sufficient if it complies with the formalities of a donation of a movable property.

In the absence of any of the persons specified under Section 4 hereof and in the absence of any document of organ
donation, the physician in charge of the patient, the head of the hospital or a designated officer of the hospital who
has custody of the body of the deceased classified as accident, trauma, or other medico-legal cases, may authorize
in a public document the removal from such body for the purpose of transplantation of the organ to the body of a
living person: Provided, That the physician, head of hospital or officer designated by the hospital for this purpose
has exerted reasonable efforts, within forty-eight (48) hours, to locate the nearest relative listed in Section 4 hereof
or guardian of the decedent at the time of death.
In all donations, the death of a person from whose body an organ will be removed after his death for the purpose of
transplantation to a living person, shall be diagnosed separately and certified by two (2) qualified physicians neither
of whom should be:

(a) A member of the team of medical practitioners who will effect the removal of the organ from the body; nor

(b) The physician attending to the receipt of the organ to be removed; nor

(c) The head of hospital or the designated officer authorizing the removal of the organ.

Section 10. Person(s) Authorized to Remove Transplantable Organs. Only authorized medical practitioners in a
hospital shall remove and/or transplant any organ which is authorized to be removed and/or transplanted pursuant
to Section 5 hereof.

Section 11. Delivery of Document of Legacy or Donation. If the legacy or donation is made to a specified legatee or
donee, the will, card or other document, or an executed copy thereof, may be delivered by the testator or donor, or
is authorized representative, to the legatee or donee to expedite the appropriate procedures immediately after
death. The will, card or other document, or an executed copy thereof, may be deposited in any hospital or organ
bank storage facility that accepts it for safekeeping or for facilitation or procedures after death. On the request of
any interested party upon or after the testator's death, the person in possession shall produce the document of
legacy or donation for verification.

Section 12. Amendment or Revocation of Legacy or Donation.

a) If he will, card or other document, or an executed copy thereof, has been delivered to a specific legatee or donee,
the testator or donor may amend or revoke the legacy or donation either by:

(1) The execution and delivery to the legatee or donee of a signed statement to that effect; or

(2) An oral statement to that effect made in the presence of two other persons and communicated to the legatee or
donee; or

(3) A statement to that effect during a terminal illness or injury addressed to an attending physician and
communicated to the legatee or donee; or

(4) A signed card or document to that effect found on the person or effects of the testator or donor.

(b) Any will, card or other document, or an executed copy thereof, which has not been delivered to the legatee or
donee may be revoked by the testator or donor in the manner provided in subsection (a) of this Section or by
destruction, cancellation or mutilation of the document and all executed copies thereof.

Any legacy made by a will may also be amended or revoked in the manner provided for amendment or revocation of
wills, or as provided in subsection (a) of this Section.

Section 13. Rights and Duties After Death.

(a) The legatee or donee may accept or reject the legacy or donation as the case may be. If the legacy of donation is
of a part of the body, the legatee or donee, upon the death of the testator and prior to embalming, shall effect the
removal of the part, avoiding unnecessary mutilation. After removal of the part, custody of the remainder of the
body vests in the surviving spouse, next of kin or other persons under obligation to dispose of the body of the
decedent.

(b) Any person who acts in good faith in accordance with the terms of this Act shall not be liable for damages in any
civil action or subject to prosecution in any criminal proceeding of this Act.
Section 14. International Sharing of Human Organs or Tissues. Sharing of human organs or tissues shall be made
only through exchange programs duly approved by the Department of Health: Provided, That foreign organ or tissue
bank storage facilities and similar establishments grant reciprocal rights to their Philippine counterparts to draw
organs or tissues at any time.

Section 15. Information Drive. In order that the public will obtain the maximum benefits from this Act, the
Department of Health, in cooperation with institutions, such as the National Kidney Institute, civic and non-
government health organizations and other health related agencies, involved in the donation and transplantation of
human organs, shall undertake a public information program.

The Secretary of Health shall endeavor to persuade all health professionals, both government and private, to make
an appeal for human organ donation.

Section 16. Rules and Regulations. The Secretary of Health, after consultation with all health professionals, both
government and private, and non-government health organizations shall promulgate such rules and regulations as
may be necessary or proper to implement this Act.

Section 17. Repealing Clause. All laws, decrees, ordinances, rules and regulations, executive or administrative
orders, and other presidential issuance inconsistent with this Act, are hereby repealed, amended or modified
accordingly.

Section 18. Separability Clause. The provisions of this Act are hereby deemed separable. If any provision hereof
should be declared invalid or unconstitutional, the remaining provisions shall remain in full force and effect.

Section 19. Effectivity. This Act shall take effect after fifteen (15) days following its publication in the Official
Gazette or at least two (2) newspapers of general circulation.

Approved: January 7, 1992

REPUBLIC ACT NO. 1056

REPUBLIC ACT NO. 1056 - AN ACT TO AMEND REPUBLIC ACT NUMBERED THREE HUNDRED AND FORTY-NINE,
ENTITLED "AN ACT TO LEGALIZE PERMISSIONS TO USE HUMAN ORGANS OR ANY PORTION OR PORTIONS OF THE
HUMAN BODY FOR MEDICAL, SURGICAL, OR SCIENTIFIC PURPOSES, UNDER CERTAIN CONDITIONS"

Section 1. Sections one of Republic Act Numbered Three hundred forty-nine, entitled "An Act to legalize
permissions to use human organs or any portion or portions of the human body for medical, surgical, or scientific
purposes, under certain conditions", is hereby amended to read as follows:

"Section 1. A person may validly grant to a licensed physician, surgeon, known scientist, or any medical or
scientific institution, including eye banks and other similar institutions, authority to detach at any time after the
grantor's death any organ, part or parts of his body and to utilize the same for medical, surgical, or scientific
purposes.cralaw

"Similar authority may also be granted for the utilization for medical, surgical, or scientific purposes, of any organ,
part or parts of the body which, for a legitimate reason, would be detached from the body of the grantor."

Sec. 2. Section two of the same Act is hereby amended to read as follows:
"Sec. 2. The authorization referred to in section one of this Act must: be in writing; specify the person or
institution granted the authorization; the organ, part or parts to be detached, the specific use or uses to which the
organ, part or parts are to be employed; and, signed by the grantor and two disinterested witnesses.cralaw

"If the grantor is a minor or an incompetent person, the authorization may be executed by his guardian with the
approval of the court; in default thereof, by the legitimate father or mother, in the order, named. Married women
may grant the authority referred to in section one of this Act without the consent of the husband.

"After the death of the person, authority to use human organs or any portion or portions of the human body for
medical, surgical or scientific purposes may also be granted by his nearest relative or guardian at the time of his
death or in the absence thereof, by the person or head of the hospital, or institution having custody of the body of
the deceased: Provided, however, That the said person or head of the hospital or institution has exerted
reasonable efforts to locate the aforesaid guardian or relative.cralaw

"A copy of every such authorization must be furnished the Secretary of Health."

Sec. 3. A new section is hereby created immediately after section two of the aforesaid Republic Act Numbered
Three hundred forty nine which shall hereafter be designate as section two-A, and shall read as follows:

"Sec. 2-A. The provisions of sections one and two of this Act notwithstanding, it shall be illegal for any person or
any institution to detach any organ or portion of the body of a person dying of a dangerous communicable disease
even if said organ or portion of the human body shall be used for medical or scientific purposes. Any person who
shall violate the provisions of this section shall be punished with an imprisonment of not less than six months nor
more than year. If the violation is committed by an institution, corporation or association, the director, manager,
president, and/or other officials and employees who, knowingly or through neglect, perform the act or acts
resulting in said violation shall be held criminally responsible therefor."

Sec. 4. This Act shall take effect upon its approval.cralaw