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St.

Paul School of Professional Studies


Campetic Palo, Leyte

College of Law
Course Syllabus for
WILLS AND SUCCESSION
Professor: Judge Wenifredo C. Cuaton

I. COURSE TITLE : Wills and Succession

II. CREDIT UNITS : Four (4) units

III. CLASS HOURS : Four (4) hours/week, First Semester

IV. COURSE DESCRIPTION: This course deals with the study of Articles 774 to 1105, Title IV-
Succession, Book III, New Civil Code, which are the legal provisions on testate and intestate succession,
including wills, institution of heirs, computation of legitimes of compulsory heirs, disinheritance, and
partition and distribution of the estate. The course also takes up rules of procedure on the settlement and
administration of the estate of deceased persons.

V. PRE-REQUISITE: Basic courses in Persons and Family Law

VI. GENERAL OBJECTIVES: By the end of the semester, the law students shall be able to:

(a) learn the history of Succession; testate and intestate; the theory and context of inheritance in modern
family property law; and, the general nature and characteristics of wills, capacity to make wills, formalities
required for making wills, effect of undue influence, suspicious circumstances, fraud, mistake; and,

(b) understand the general principles of construction, common law and statutory; descriptions of persons
and property; characteristic features of legacies and devises, witnessing a will; and,
(c) make Wills, incorporation by reference, alterations, revocation, revival and republication of wills.

VII. COURSE OUTLINE:

1. Concept of Succession - Provisions (Arts. 774-712)

Definition/What Is Transmitted – Arts. 774, 776, 781


Kinds Of Successors – Heirs, Devisees, Legatees – Art. 782
Subject of Succession – Arts. 775, 782, 1026, 1029
Object of Succession - Art. 776, 791,131 , 1429

2. Testamentary Succession

A. Wills

a. Definition and characteristics - (Arts. 783-787)


Personal Act; Non-delegability of will-making – Arts. 784-785, 787; exception – 786
b. Rules of Construction and Interpretation/Law
Governing Formal Validity – Art. 788-795
c. Testamentary Capacity and Intent – Arts. 796-803
Age Requirement – Art. 797
Soundness of Mind; Presumptions – Arts. 798-801
d. Form
Formal Validity Rules - Arts. 17, 815-817, 819
Law Governing Substantive Validity – Arts. 15, 16, 1039
Common requirements – Art. 804
In Writing
Language/Dialect Requirement

B. Notarial Wills - Arts. 805-806

a. Special rules for handicapped testators – Arts. 807-808


Substantial Compliance – Art. 809
Requisites – Arts. 820-824

C. Holographic Wills

a. Requirements – Arts. 810-814


Witnesses Required for Probate – Art. 811
Alterations, Requirements – Art. 814

D. Joint Wills – Arts. 818-819

E. Codicils, Definition and Formal Requirements – Arts. 825-826

F Revocation - Arts. 828-834 ; kinds - Art. 830

G. Allowance and Disallowance of Wills - Arts. 838-839

H. Probate Requirement – Art. 838


Issues to be Resolved in Probate Proceedings – Art. 839
Effect of Final Decree of Probate, Res Judicata on Formal Validity
Grounds for Denying Probate – Art. 839

J. Institution of Heirs (Arts. 840-856)

K. Preterition – Definition, Requisites and Effects; Concept – Art. 854

a. Preterition vs. Disposition less than Legitime/Donation Inter Vivos – Arts. 855, 906-918

L. Substitution of Heirs; definition; kinds - Arts. 857-870

a. Simple Substitution – Art. 859


b.. Fideicommissary Substitution – Arts. 863-866, 869

M. Conditional Testamentary Dispositions and Testamentary

N. Dispositions with a Term – Arts. 871-885

0. Legitime - Arts. 886-914


a. Compulsory Heirs and Various Combinations – Arts. 887-903

P. Reserva Troncal – Art. 891

Q. Disinheritance

a. Disinheritance for cause – Art. 919


b. Reconciliation – Art. 922
c. Rights of descendants of person disinherited – Art. 923
d. Disinheritance without cause - Art. 918

R. Legacies and Devisees – Arts. 924-959

3. Legal or Intestate Succession; General Provisions – Arts. 960-1014 1. Relationship – Arts. 963-969

A. Right of Representation – Arts. 970-977

B. Order of Intestate Succession – Arts. 978-1014, 992

4. Provisions Common to Testate and Intestate Succession – Arts. 1015-1105

a. Right of Accretion – Arts. 1015-1023


b. Capacity to Succeed by Will or Intestacy - Arts. 1024-1040
c. Persons Incapable of Succeeding – Arts. 1027, 739, 1032
d. Unworthiness vs. Disinheritance
e. Acceptance and Repudiation of the Inheritance – Arts. 1041-1057
f. Collation – Arts. 908-910, 1061-1062
g. Partition and Distribution of Estate – Arts. 1078-1105
h. Partition – Arts. 1079, 1080
Partition inter vivos
Effects of Partition – Arts. 1091, 1097, 1100, 1104-1105

VIII. STUDENT ACTIVITIES/OUTPUT:

Exams: The three exams will cover lectures, jurisprudences/cases, textbook readings, class
discussions, and homework assignments. The tests may cover topics that may not have been did
discussed in class. The tests will be a combination of multiple choice questions (MCQs), short answer, and
essay questions. The final will be cumulative, with a bit more emphasis on topics coveredin class since the
second test.

Recitation/Class Participation: Students are expected to be ready to discuss the topics of the course
(including the cases), and when called, answer various questions. Class participation is encouraged and
everyone should have the opportunity to share their opinion. Class participation is important to the learning
process, which is why attendance and participation each constitute 20% of the grade. Finally, class
participation should not be a forum to discuss personal legal problems.

Attendance : Roll call shall be made at the beginning of every class as part of the grade. Students
who miss more than 25% of the required class attendance may be dropped from the class. If the students
decide not to take the class, he/she may drop the class him/herself.

IX. GRADING SYSTEM:

Grade will be based upon:

1. Written Examination. . . . . . . . . . . . . . . . 70%


Prelim and Midterm exams - 30%
Final exam - 40%
2. Recitation/Class participation. . . . . . . . . 10%
3. Attendance. . . . . . . . . . . . . . . . . . . . . . . 10%
4. Quizes . . . . . . . . . . . . . . . . . . . . . . . . . . 10%
vvvvvvvvv
Total: 100%

X. READINGS/REFERENCES:

1. Civil Code of the Philippines


2. Family Code of the Philippines
3. Paras, E.L., Civil Code of the Philippines Annotated, Vol. 3 (Wills and
Succession), 2016 ed
4. De Leon Hector S., Comments and Cases on Succession, 2017
5. Paguirigan, V. M.. Notes and Cases in Succession

6. Nolledo, J. N., The Inheritance Law in the Philippines, 1996 ed.


7. Mison , Siegfred, Wills and Succession, , 2010 ed.
8. Tolentino, Arturo, Wills and Succession, Book III, Civil Code of the Phil., 1874 ed.
9. J.B.L. Reyes and Ricardo Puno, Outline of Civil Law, Vol, III.