Despocition captatoria- if the T gives property to an heir, subject to the condition that

that heir, in his own will, shall make a disposition ether in fav of the T or a 3rd person is
VOID.
 One cannot control the will of another

If the T imposed a condition which is potestative in character

 Condition may be fulfilled as soon at the heir learns of the death of the T

If the condition or casual or mixed (ex. Passing the bar- mixed condition ito kasi it
depends upon your will and upon chance/ will of 3rd person)
 At anytime- either before or after death of T (remember bar exam!)

However, at the time of the execution of the will, the T did not know that the condition
has already been fulfilled, the rule is the condition NEED NOT be fulfilled again- deemed
complied with.
 EX: the T already knew that the Y is already a lawyer when he imposed the
condition that Y needs to take the bar exam within 5 years after T’s death

On the other hand, at the time of the execution of the will, the T knew that the condition
has already been fulfilled, and still he included the condition, the rule is that the
condition NEED TO be fulfilled again- UNLESS the condition is of such nature that it
cannot be fulfilled twice.
 Ex: T knows that Y already has a Masteral degree and yet included in the condition that
Y needs to gain a Master’s degree- Y therefore needs to take another Masters.

If a dispisition is made subject to a suspended term/period

 Ex: I give A this property but he will only get it 5 years after my death
o In such case, what’s suspended is merely the DEMANDABILITY, not the
EFFECTIVITY of the condition, so that even if A dies before the arrival of the
period, the T, he already had a right which he can transmit to his own hear.
 Now, what can be done to the property in the meantime? THERE IS A CONFLICT BET
880 (ibigay daw sa administrator) AND 885 (ibigay sa legal heirs)
o AS LONG AS THE INSTITUTION IS SUBJECT TO A PERIOD, IT SHOULD BE ART
885 TO APPLY (whether resolutory or suspensive)
o Hence, since the period is suspensive, the LEGAL heirs will get to enjoy the
property and have the rights of a usufructuary; However, the heirs are required
to post a security to guarantee that upn the arrival of the term/ period that they
will surrender the same
 OTOH, when the institution is subject to RESOLUTORY term of period, then upon death,
the instituted heir will get the props upon the arrival of the term/period, the prob will
go now to the heirs (885) ;
 OTOH 888- When subject to a SUSPENSIVE CONDITION, the props will be under
administration ( the h Is not allowed to secure the props)

MODAL institution- 882

 If the T specifies the object of the inst, the charges to be satisfied by the H or the
application of the party (OCA)
 The moment the T specifies the OCA= that is a modal institution
  Here, the H are immediately entitled to the props, EVEN BEFORE he satisfies the
Charges but he is require to post a security (in case he doesn't comply with the wishes of
the T

CONDITION VS. MODE

 A mode obligates but does not suspend (i.e. immediately entitled si H pero subject to
posting of security)
 A Condition suspends but does not obligates (i.e.)
 Abadilla vs. CA
o T gave land to dr abadilla but I order him to give my relatives 100 kgs of sugar=
modal

LEGITIMES

Rule of Thumb: LEGIRIMATES ARE ALWAYS ENTITLED TO 1/2

ANY CLASS SURVIVING ALONE= ½
SURVIVING SPOUCE ALONE= ½
EXCEPTION: if the marriage was solemnized with articulo mortis and the T
died within 3 months= 1/3 (magic number 3!)
Exception to the e: if they have been living together as H and W for more
than 5 years= ½ (art 900)
 THE PRESENCE OF LEG CHILDREN AND DESCENDATS EXCLUDES THE LEG
PARENTS AND OTHER ASCENDATS
 THE PRESENCE OF AN ADOPTED CHILD EXCLUDE LEG PARENTS AND
ASCENDANTS
 IF THE SURVIVORS ARE LEG P, ILC AND SS (1/2) (1/4) (1/8 punishment :D )
 IC AND SS (BOTH ¼)
 IP AND SS (BOTH ¼)
 IGP AND SS (NOT COMPULSORY HEIRS; ½)
 HANGGANG IL PARENTS LANG ANG SUCCESSION OF THE T IS AN IL PERSON)
o GF died; can the grandson inherit? Yes
o Of grandson died, GF CANNOT INHERIT (HANGGANG IL PARENTS LANG
ANG SUCCESSION OF THE T IS AN IL PERSON)
 X survived by SS and A and B (LC) and CDEFGH (IL)
o 120K
 A and B= ½ (60 k/ 30 k each by way of leg)
 SS: = 30k by way of legacy
 CDEFGH= share with the 30k (kasi kulang na yung FP)
 LC AND SS: ½;1/4
 ILCs only= ½ (any class surviving alone gets ½)
 2LCs and SS= ½; same share as 1LC

reserve tronchal
reservation established by law for the benefirt of certain rel; within the 3rd deg
who belong to the line from wc the pro came
purpose; to return pro wc was somehow naligaw to another family to the family
where if came
A nd B are hw; had 2 childen E and F
C and D hw; children G and H
F and G married= child I
F is dead
A, the GF of I, donated to him a land. I died intestate. His entire estate went to his mom
G. Kung walang 891 (RT) the parcel of land which might have belonged to another
family simply bec of the accident of death (ie I died intestate)
 the purpose of RT therefore is to return the prop back from the family from
which it originally came from.