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PAGUIRIGAN WILLS 2016

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811 - witnesses
Labrador vs CA Date of the will was written in the body. Allowed by SC.
Ahero vs CA if third person made ICEA, will not make the will void, only the
alteration not authenticated will not be allowed. But when third person after ICEA
then validated by testator, entire will becomes void because no longer written by
testator.
814 - ICEA
Calaw vs Relova entire will not allowed because there was only 1 sentence.
Nothing will remain valid if only that particular disposition is rendered void.
816 by analogy, Filipinos are allowed to execute a will abroad following Phiippne
law.
818 Joint will. If Fiipinos execute joint will abroad, it is void as to the Filipino but
valid as to the Foreigner.
820, 821, 823 Who can be witnesses
823, 829 Revocation
830 Modes of Revocation (IWB)

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830 requisites of par 3. Impt Animo Revocandi and Subjective phase should pass
Maloto vs Maloto Maid put the will in the fireplace. SC still allowed. Because
absence of identity of document which was destroyed, presumed that decedent did
not die intestate.
Molo vs Molo 2 subsequent wills (1918, 1939). Dependent Relative Revocation if
2nd will is void, the revocation of the 1st will is void, hence the 1st will should be
allowed.
838 Allowance and Disallowance. Identity DueExecution Capacity. Probate is
always Mandatory. Heirs cannot distribute the properties according the will, without
probate. Imprescriptible.
Nuguid vs Nuguid Gen Rule court does not look into the Intrinsic of testamentary
prov, Except when there was preterion and to save the litigants time and effort.
Leviste vs IAC - Lawyer of the Repudiating heir has no legal grounds to intervene. No
interest.
Canisa 838, always Probate! Lessees were given lands according to will but
without probate.

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Tolentino vs CA 2 of 3 attesting witness testified againt the will. Still allowed the
probate. United support of all the attesting witnesses is not required for the validity
of the will.
840 Institution of Heirs.
Balmonte vs Ortega entire will may be given to anyone so long as no compulsory
heirs.
Tecson vs Coronel - entire will may be given to anyone so long as no compulsory
heirs. Given to husband of his niece.
854 Preterition. Annuls institution of heirs. Preterition is unintentional, Imperfect
disinheritance is intentional not annul.
Acain vs IAC - Widow and Adopted were omitted. No preterition of Widow. Adopted
is preterition.

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Neri vs Saputin left all the propeties to childern of 2nd marriage. Preterition.
854 if imperfect disinheritance, still gets to the exent his legitime is prejudiced.
Only Legitime. The balance or free portion goes according to the will.
856
857, 858, 859, 860
863 Fiduciary may be anyone. Fideicommisary should be 1 degree from Fiduciary.
De Perez vs Garchitonera whole estate shall pass unimpaired it is
Fideicommissary.

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866 2nd heir dies before 1st heir.
Rabadilla vs CA Modal under 882. Obect, Application, Charge. Obliged to deliver
100 piculs of sugar. Revert back to testator when failed.
868 void fideicommisary shall not affect the designation of 1st heir.
873 Impossible Conditions. Correlate with 1083
874 Absolute prohibition on subsequent marriage.
Morente vs Dela Santa leaving land to Husband. Should you have children with
anyone after my death. You forfeit 2/3 of land. SC said there was no prohibition on
marriage.
875 Disposition captatoria

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Legitime
Tumbukun vs Magtanum (Seller) Son-in-law cannot be a compulsory heir. Hence
nemo dat quod non habet
Rosales vs Rosales Mother-in-law not a compulsory heir. There are no
representations in Manugang through wife

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Legitime
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Reserva Troncal 891
GAROT if sold by propositus not subject to RT. If goes up to ascendant but sold, not
by operation of law but by onerous title.
Solivio vs CA No reserva troncal because the property did not go up. No check!
Goes up by Will and Operation of law Reserva Minima

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Mendoza vs Policarpio not reservable because it never went up.
De papa vs Camacho 3rd degree relatives. Grand-daughter excludes aunts/uncles.

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916 - Disinheritance
1. Valid will
2. Among the enumeration
3. True
Ching vs Rodriguez Regular Court
918 imperfect disinheritance does not get to be voluntary but only compulsory
923 the heirs will take place of disinherited heir but only with respect to legitime
(compulsory) no share in FP
*if will void, any disinheritance is also void
919 - Conviction of child for adultery, only son is disinherited. How to disinherit
wife? Legal separation. Given Cause for legal sepration under 921.
922 subsequent reconciliation. It must be genuine.
*if ground of disinheritance is also ground for unworthiness, there must be a written
pardon by testator. 922 vs 1033.
*disinheritance 922 not written needed
*unworthiness 1033 written needed
Legacies and Devises
925, 930, 931, 933

Intestate Successions
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Barrier Rule on Intestate succession.

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Exclusion of collateral by direct descending
Barrier Rule
State. Eshceat proceedings
1015 Accretion
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