Wills and Succession Paras PDF

SUCCESSION REVIEWER (4th Year : 2008-2009) Prepared
by: Jazzie M. Sarona

Sources & References: Notes of Atty. Lielanie Yangyang-Espejo; Lectures of Atty. Lielanie Yangyang-Espejo (as transcribed by Jo Anne Beltran,
Edin Ann Buiser, Karla Deles, Rey Mar Ondi and Jazzie Sarona); Wills and Succession by Paras
Compulsory heirs are the persons who cannot
WILLS & SUCCESSION be deprived of their inheritance regardless of
the will of their decedent.
TITLE IV b. Voluntary succession or the succession
Succession to the free portion – If a person dies, his
estate shall be divided into 2 parts. One part
CHAPTER 1 is the legitime which is reserved for his
General Provisions compulsory heirs and the other part is the
free portion which he can give to anybody
ARTICLE 774. Succession is a mode of acquisition by
virtue of which the property, rights and obligations to the IV. As to the extent of right and obligations involved:
extent of the value of the inheritance, of a person are
transmitted through his death to another or others either by a. Universal succession or succession by an
his will or by operation of law. (n) heir is the succession to the universality or
the aliquot portion of the estate of the
decedent
• Succession is a derivative mode of acquisition
b. Particular succession which is succession
Bases of Succession to the specific portion of the property of the
1. Natural Law decedent
2. Socio-economic postulate – prevents wealth from c. Contractual succession happens when
being stagnant future husbands and wives give to each other
3. Attribute of ownership in their marriage settlement future property,
which shall be effective upon their death
• Foreigners can acquire lands in the Philippines d. Freak succession is where there is still
only in case of hereditary succession, which is succession even without the intervening
succession by operation of law and not by a will effect of succession. This happens when in a
decree of annulment or separation or nullity
Kinds of Succession of the marriage, the spouses are ordered to
I. As to effectivity: deliver to their children their presumptive
a. Inter vivos (donation) – effective during the legitime.
lifetime of the person
ARTICLE 775. In this Title, "decedent" is the general
b. Mortis causa (succession) – effective upon term applied to the person whose property is transmitted
the death of the person through succession, whether or not he left a will. If he left a
will, he is also called the testator. (n)
• If a deed is a donation, there are
certain formalities that must be observed
• If a deed is succession, the formalities
• The decedent is the person who died
whether or not he left a will
will be different. If it is a will, the person
intended it to be a succession and the • The testator is the person who died who left
formalities shall comply with the formalities a will
of a will
ARTICLE 776. The inheritance includes all the property,
2 Types of Will: rights and obligations of a person which are not
i. Notarial Will extinguished by his death. (659)
ii. Holographic Will
• Inheritance is different from succession
3 distinguishing characteristics of a donation because the latter is a mode of acquisition, by
mortis causa: virtue of which the property, rights and
1. It conveys no title or ownership to the transferee obligations are transmitted.
before the death of the transferor; or what amounts • Property, as defined by law, may be subject
to the same thing: the transferor should retain of succession except the following:
ownership (full or naked) and control of the 1. Those which are outside the
property commerce of men or which are not owned by
2. Before his death, the transfer should be men (res nullus)
revocable by the transferor at will, ad nutum but
revocability may be provided for indirectly by 2. Those which are owned by
means of a reserved power in the donor to dispose everyone (res communes)
of the properties conveyed 3. Those which are prohibited by
3. The transfer should be void if the transferor law
should survive the transferee 4. Any property which is not
If these 3 characteristics are present, the capable of appropriation
document is not a deed of donation but rather, it is
a will. It must comply with the formalities of a will • The ownership of
organs may be transferred by donation or by will.
II. As to whether or not there is a will: Even if the formalities of the will are not complied
with, as long as the donation was made in good
a. Testamentary or Testate Succession – if a faith, the will or donation is not valid. It shall be
person leaves a will given effect since the important element is that
b. Intestate or Legal Succession – if a person the will was made in good faith.
dies without leaving a will
RIGHTS
III. As to the transferee or the recipient of the property Purely Personal Rights
a. Compulsory succession or succession to GENERAL RULE: It is not transmissible since it is
the legitime – Part of property which cannot extinguished by death
be disposed of to anybody because that portion EXCEPTION: It is transmissible:
is reserved to his compulsory heirs. Article 173 Family Code – The action to claim
legitimacy may be brought by the child during
his lifetime and shall be transmitted to the heirs of seventy-five years, an absence of five years
should the child die during minority or in a state shall be sufficient in order that his succession may
of insanity. In these cases, the heirs shall have a be opened. (n)
period of five years within which to institute the ARTICLE 391 (New Civil Code). The following shall
action. be presumed dead for all purposes, including the
Examples: division of the estate among the heirs:
- right to parental authority (1) A person on board a vessel lost during a sea
voyage, or an aeroplane which is missing, who has
- marital rights not been heard of for four years since the loss of
- right of a Chinese merchant the vessel or aeroplane;
- right to vote (2) A person in the armed forces who has taken
Patrimonial rights part in war, and has been missing for four years;
• These are rights which refer (3) A person who has been in danger of death
to property under other circumstances and his existence has
GENERAL RULE: Transmissible not been known for four years. (n)
Examples: action for forcible entry/unlawful
detainer ARTICLE 43 (New Civil Code). If there is a doubt,
action to recover property as between two or more persons who are called to
succeed each other, as to which of them died first,
EXCEPTIONS:
whoever alleges the death of one prior to the
Extinguished by death as provided by law or other, shall prove the same; in the absence of
agreement by the parties (ex. agency, commodatum, proof, it is presumed that they died at the same
contract of lease) time and there shall be no transmission of rights
OBLIGATIONS from one to the other. (33)
GENERAL RULE: Transmissible
EXCEPTIONS: • If there are circumstances which point to the
1. Purely personal time of the actual death of the person, then,
2. Non-transferable by law that time wherein there is proof should be
3.Non-transferable by contract or agreement flowed and not the presumptions.
between the parties.
Examples of obligations extinguished by death: • In theory, the heirs can immediately dispose
1. Obligation to pay taxes of their properties when the decedent dies
because of Article 777. But in reality, you cannot
2. Criminal liability since the will has to be probated first.
3. Right to give support • If you are the sole heir, all you have to do is
Debts (2 views) execute an Affidavit of Self-Adjudication and
1. Not transmissible since it is actually the estate follow the process provided by law
of the deceased which pays the debts • If there is more than one heir, they may
2. Transmissible because the shares of the heirs execute and Extrajudicial settlement among
are reduced by the payment of the debts themselves and follow the process provided by
(preferred view) law
ARTICLE 777. The rights to the succession are transmitted ARTICLE 778. Succession may be:
from the moment of the death of the decedent. (657a) (1) Testamentary;
(2) Legal or intestate; or
• Death is a condition for (3) Mixed. (n)
the transmission of a right by succession.
ARTICLE 779. Testamentary succession is that which
• While your parents are results from the designation of an heir, made in a will
still alive, their properties are still owned by them. executed in the form prescribed by law. (n)
What you have is merely an inchoate right or an
expectancy. It is not an absolute right. Conditions for Testamentary Succession:
1. There must be a will
Conditions for the transmission of a successional 2. There should be a designation of heir
right: 3. There must be observance of the formalities
1. There should be death (actual or presumed) of the required
transferor by law.
2. The rights or properties are transmissible
3. The transferee is alive PRINCIPLES IN TESTAMENTARY SUCCESSION
Presumed Death 1. TESTAMENTARY SUCCESSION IS PREFERRED

• Under ordinary circumstances, 10 years OVER INTESTATE SUCCESSION
• After the age of 75, 5 years When there is a will, the will has to undergo
In these 2 instances, the moment of death probate. Probate is a proceeding wherein you
is reckoned after 5 or 10 years, whichever is determine whether or not the will was validly
applicable. executed and whether or not the will was
executed by person who has testamentary
• Under extraordinary circumstances, 4 capacity.
years There is no prescriptive period in the probate
In this instance, the moment of death is of will as long as there is a will.
reckoned
from the moment of disappearance. 2. DOUBTS MUST BE RESOLVED IN FAVOR OF
TESTACY
ARTICLE 390 (New Civil Code). After an absence of If there is doubt as to the validity of a will, the
seven years, it being unknown whether or not the interpretation wherein the will is given effect
absentee still lives, he shall be presumed dead for all should be preferred.
purposes, except for those of succession.
The absentee shall not be presumed dead for
the purpose of opening his succession till after an Legal or Intestate Succession
absence of ten years. If he disappeared after the age 1. There is no will
2. The will is not valid at all
• Legatee succeeds to personal properties

ARTICLE 780. Mixed succession is that effected partly by
will and partly by operation of law. (n) • Devisee succeeds to real properties or
immovable properties of the decedent
When mixed succession occurs:
1. When the testator fails to dispose all of Distinctions between Heirs & Legatees and
his properties in a will Devisees:
2. When the will does not validly dispose
of all the property of the testator HEIRS LEGATEES & DEVISEES
1. Succeed by general 1. Succeed by special or
ARTICLE 781. The inheritance of a person includes not only right or universal title to particular title
the property and the transmissible rights and obligations all or an aliquot part of
existing at the time of his death, but also those which have the estate
accrued thereto since the opening of the succession. (n) 2. Heirs exist both in 2. Legatees and
testamentary succession devisees exist only in
• This article refers to after-acquired and intestate succession testamentary succession
properties. Those are acquired from the moment 3. The heir, if 3. Legatees and
of death onwards will belong to the devisee, compulsory, succeeds to devisees succeed only by
legatee or the heir to whom the property was the inheritance testator’s will
given. regardless of the will of
the decedent
Inheritance includes: 4. Quantity cannot be 4. Quantity can easily be
• The property, transmissible determined until after determined
rights and the transmissible obligations of the liquidation of properties
decedent to the extent of the value of the of the estate
inheritance; and 5. Heirs represent the 5. Legatees and
• Those properties, or rights or juridical personality of devisees do not
obligations, if any, which have accrued since the the deceased, acquiring represent the juridical
opening of the succession. his property, rights and personality of the
obligations deceased because it
ARTICLE 782. An heir is a person called to the succession
acquires only properties
either by the provision of a will or by operation of law. 6. Heirs succeed to the 6. Legatees and
Devisees and legatees are persons to whom gifts of real remainder of the estate devisees succeed only to
and personal property are respectively given by virtue of a after all the debts, the determinate thing or
will. (n) devisees and legatees amount given
have been paid
Heirs
• Those who succeed to the universality of the Importance of distinguishing heirs from
rights, properties and obligations of the decedent legatees and devisees:
• They are not given specific portions of the 1. When there is preterition, the
property but aliquot shares instituted voluntary heirs do not get anything.
The legatees/devisees retain the properties given
Kinds of Heirs: to them as long as the legitime is not impaired.
• Compulsory or forced heirs 2. When there is invalid disinheritance,
are persons who are not deprived of their the instituted voluntary heir gets nothing while
inheritance unless there are causes to disinherit the one who received properties by way of legacy
them and the causes are provided by law. or devise retains the property given to them as
LEGITIME is that portion of the property, rights and long as the legitimes of the compulsory heirs are
obligations of the decedent which you cannot just not impaired.
dispose of because the law reserved it for the
compulsory heirs. CHAPTER 2
• Legal or intestate heirs are Testamentary Succession
heirs who inherit by operation of law. The person
dies without a will. Voluntary, testamentary or SECTION 1
testate heirs are heirs who will inherit because of Wills
the will of the decedent.
SUBSECTION 1
Wills in General
• All compulsory heirs are legal
heirs. But not all legal heirs are compulsory heirs. ARTICLE 783. A will is an act whereby a person is
When a person dies without a will, then, the permitted, with the formalities prescribed by law, to control
compulsory heirs succeed by operation of law. If to a certain degree the disposition of his estate, to take
there is a will but the will is not valid, then, the effect after his death. (667a)
compulsory heirs succeed by operation of law since
the will is disregarded. • The making of a will is an act by which a
• The free portion may be given to anybody person is permitted by law to repose his property
except those who are prohibited by law to inherit effective upon his death. It is not a mode of
from the decedent. If there is a will, the free transferring property because that is succession.
portion is given to the voluntary heirs It does not also consist of property, rights and
• PRETERITION happens when a direct line or a obligations because that is inheritance.
compulsory heir is omitted form the will. The effect • A will is an instrument wherein certain
is the will cannot be given effect. So, there shall be dispositions are made by persons to effect mortis
intestacy wherein the will is disregarded and as if causa
the person died without a will. • Thus, it may be an or an instrument
Legatee or Devisee Elements of a Will:

1. It is strictly a personal act 3. These specific property or sums of money are
It cannot be delegated to a third person. The left in general to specific classes or causes
disposition of the will should be the disposition of the 4. There is the designation of the persons,
person. Since it is personal, will-making shall not be institutions or establishments to whom such
made in public. Even if a will is acknowledged before property or sums of money are to be given or
a notary public, a will is not a public document. Even applied
a notary public is not required to keep a copy of the
will. Distinction between Article 785 and Article 786:
2. There must be animus testandi (intent to make a
will) Article 785 Article 786
One should know that the effect of such The heirs, legatees or There is no such heir,
document is to transfer one’s properties to a devisees are named. legatee or devisee that is
particular person mentioned in the document. named
3.The making of a will is a statutory right, not a natural
There is no specific There is specific property
right
property or sums of or sums of money.
4.It is a solemn or formal act
money.
For the will to be valid, each form shall comply
What is delegated is the There is a determination
with the rules prescribed by the New Civil Code.
determination of the of the persons,
5.It is a unilateral act
portion which shall go to establishments or
The testator cannot condition the validity of his
the named heir, legatee institution or to whom the
will upon the consent of another.
or devisee. specific property or sums
6.The testator must be capacitated to make a will
of money is to be given or
7.It is free from vitiated consent
applied.
8.It is essentially revocable and ambulatory
9.It is an individual act, as distinguished from a joint act
ARTICLE 787. The testator may not make a
The will must contain the act of only one
testamentary disposition in such manner that another
person. Joint will are prohibited. person has to determine whether or not it is to be operative.
10. It disposes of the testator’s estate in accordance to (n)
his wishes
11. It is effective mortis causa Article 785 Article 787
This refers more to the This refers more on the
ARTICLE 784. The making of a will is a strictly personal act;
institution of the heirs. designation or disposition
it cannot be left in whole or in part to the discretion of a third
person, or accomplished through the instrumentality of an of the properties. This is
agent or attorney. (670a) not valid because the
disposition is subject to
the will of a 3rd person.
• Holographic wills are supposed to be entirely
Whether or not a
written, dated and signed in the hands of the
disposition shall be valid
testator. Even the mechanical act of drafting the
cannot be left to the will
will cannot be delegated to a third person
of a 3rd person.
• As to notarial wills, the mechanical act of
drafting the will can be delegated to a third person.
ARTICLE 788. If a testamentary disposition admits of
But the content of the will must be the disposition
different interpretations, in case of doubt, that interpretation
of the testator himself by which the disposition is to be operative shall be
preferred. (n)
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,
• The will must be interpreted liberally in favor
cannot be left to the discretion of a third person. (670a) of validity
• In the interpretation of the will, the wishes of
the testator is the first and principal law
Testamentary acts which cannot be delegated to ARTICLE 789. When there is an imperfect description, or
third persons: when no person or property exactly answers the description,
mistakes and omissions must be corrected, if the error
1. The duration of designation of the heirs, appears from the context of the will or from extrinsic
devisees or legatees evidence, excluding the oral declarations of the testator as
2. The efficacy of the designation of the heirs, to his intention; and when an uncertainty arises upon the
devisees or legatees face of the will, as to the application of any of its provisions,
3. The determination of the portions which the the testator's intention is to be ascertained from the words
heirs, devisees, or legatees are to take, when of the will, taking into consideration the circumstances
refereed to by name under which it was made, excluding such oral declarations.
(n)
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 2 KINDS OF AMBIGUITY
to which such property or sums are to be given or applied. 1. PATENT OR EXTRINSIC AMBIGUITY –
(671a) appears on the face of the will itself.
2. LATENT OR INTRINSIC AMBIGUITY – does
• What is entrusted to a third person is the not appear on the face of the will. Ambiguity is
distribution of specific property or sums of money discovered by examination outside the will.
Requisites of Article 786: 4 kinds of Latent or intrinsic ambiguity

1. The testator entrusts to a third person 1. Imperfect description of the heirs, legatees or
devisees
2. The distribution of specific property or sums of
2. Imperfection description of the property to be
money given
3. When 2 or more persons meet the description
4. When 2 or more things/properties meets the ARTICLE 793. Property acquired after the making of a
description will shall only pass thereby, as if the testator had possessed
it at the time of making the will, should it expressly appear
How to resolve the ambiguities? by the will that such was his intention. (n)
1. Intrinsic Evidence – You cure the ambiguity

by examining the will. You examine the words • Article 793 covers those after-acquired
used in the will. properties after the execution of the will up to the
time of the death
2. Extrinsic Evidence/Evidence Aliunde – • Article 78 covers properties arising from the
Evidence that is not found in the will but found moment of death onwards
outside of the will, such as letters, documents,
• Article 793 only applies to devices and
persons or investigation
legacies and not to inheritance because
inheritance comprises the universality or an
Oral evidence
aliquot portion of the estate
• Supposed oral declarations of the
testator cannot be used because the testator is GENERAL RULE: Only those properties owned by the
already dead testator at the time of the execution of the will are
• Oral testimonies of other persons can included. Those acquired after the execution of the
be used for as long as they are not testifying on the will are excluded.
supposed oral declarations of the testator EXCEPTIONS:
1. If the testator expressly provides in his will
Dead Man’s Statute that properties acquired AFTER the execution of
• In an action where a claim is filed against the the will are included.
estate, where the plaintiff is the claimant and the 2. Article 836 – the effect of the execution of a
defendant is the executor of the deceased person, codicil
both parties are prohibited to testify as to 3. Article 930 – legacy or device belonging to
something which the deceased said in his lifetime another person is void as a general rule because
the testator cannot give what he does not own.
ARTICLE 790. The words of a will are to be taken in their But if the testator later acquires the ownership,
ordinary and grammatical sense, unless a clear intention to the legacy or devise can be given effect
use them in another sense can be gathered, and that other 4. Article 935 – legacy of credit or remission of
can be ascertained.
Technical words in a will are to be taken in their technical
debt
sense, unless the context clearly indicates a contrary
intention, or unless it satisfactorily appears that the will was ARTICLE 794. Every devise or legacy shall convey all the
drawn solely by the testator, and that he was unacquainted interest which the testator could devise or bequeath in the
with such technical sense. (675a) property disposed of, unless it clearly appears from the will
that he intended to convey a less interest. (n)
Ordinary Terms
GENERAL RULE: Give it an ordinary or literal meaning GENERAL RULE: All of the testator’s rights in a
EXCEPTION: If there is an intention to give it another property are transmitted because it is presumed that
meaning the testator intended to dispose his whole interest in
the property.
Technical Terms EXCEPTIONS:
• These are used by persons engaged in 1. If it clearly appears in the will that the
specialized activities in certain fields or profession testator merely intend to convey a less interest
GENERAL RULE: Give it a technical meaning 2. If the testator clearly provided that he
EXCEPTIONS: conveys a greater interest
1) If the testator himself made the will and it is very 3. The testator can also give property which he
clear that he is unacquainted or unfamiliar with the knows is not owned by him
term
2) If it is really the intention of the testator to give the ARTICLE 795. The validity of a will as to its form depends
technical word an ordinary meaning upon the observance of the law in force at the time it is
made. (n)
ARTICLE 791. The words of a will are to receive an
interpretation which will give to every expression some effect, Kinds of validity of wills:
rather than one which will render any of the expressions 1. FORMAL or EXTRINSIC VALIDITY – refers to the
inoperative; and of two modes of interpreting a will, that is to forms and solemnities and the formalities that have
be preferred which will prevent intestacy. (n) to be conformed and complied with in the execution
of the will.
2 parts of Article 791:
1. The will must be interpreted as a whole 2. INTRINSIC VALIDITY – refers to the legalities of
2. Testacy favored over intestacy the provisions of wills.
ARTICLE 792. The invalidity of one of several dispositions EXTRINSIC VALIDITY

contained in a will does not result in the invalidity of the other
dispositions, unless it is to be presumed that the testator ARTICLE 17 NEW CIVIL CODE. The forms and
would not have made such other dispositions if the first invalid solemnities of contracts, wills, and other public
disposition had not been made. (n) instruments shall be governed by the laws of the
country in which they are executed.
GENERAL RULE: The invalid dispositions will not affect When the acts referred to are executed before
the valid ones. The will remains valid. the diplomatic or consular officials of the Republic
EXCEPTION: Entire will is invalidated or the valid of the Philippines in a foreign country, the
dispositions are invalidated is if it is the intention of the solemnities established by Philippine laws shall be
observed in their execution.
testator that both the valid and invalid dispositions are
Prohibitive laws concerning persons, their acts
to be indivisible, such that the other dispositions cannot or property, and those which have for their object
be given effect if the other dispositions turn out to be public order, public policy and good customs shall
invalid. not be rendered ineffective by laws or judgments
promulgated, or by determinations or conventions with this new body of laws and by the Rules of
agreed upon in a foreign country. (11a) Court; but the testamentary provisions shall be
carried out insofar as they may be permitted by
Extrinsic Validity can be viewed from 2 points: this Code. Therefore, legitimes, betterments,
a. Viewpoint of TIME – the extrinsic validity of a will legacies and bequests shall be respected;
however, their amount shall be reduced if in no
depends upon the observance of the law enforced at other manner can every compulsory heir be given
the time the will is made, not at the time of death and his full share according to this Code. (Rule 12a)
not at the time of probate. Testator cannot possibly
and is not expected to know what laws will govern in Example: A will was executed in 1910 without
the future. giving anything to his illegitimate child. If he died
b. Viewpoint of PLACE/COUNTRY under the Old Civil Code, the illegitimate child does
i. Testator is a Filipino who not have a successional right. If he died under the
executes a will in the Philippines – New Civil Code, illegitimate children have
Philippine laws shall be applied successional rights. Since the testator died during
ii. Testator is a Filipino who the effectivity of the New Civil Code, the will is
executes a will abroad before the intrinsically void.
diplomatic or consular officials of the
Philippines – Philippine laws shall be applied b. Viewpoint of PLACE/COUNTRY – law enforced
iii. Testator is a Filipino who is the national law of the decedent
executes a will abroad not before a
diplomatic or consular officials of the
ARTICLE 16 NEW CIVIL CODE. Real property as
Philippines well as personal property is subject to the law of
A. Law of the place where the country where it is situated. iatdc2005
he may be – Article 815 However, intestate and testamentary
successions, both with respect to the order of
B. Law of the place where succession and to the amount of successional
he executes the will – Article 17 rights and to the intrinsic validity of testamentary
C. Philippine law – Article provisions, shall be regulated by the national law
of the person whose succession is under
815
consideration, whatever may be the nature of the
iv. Testator is an alien who property and regardless of the country wherein
executes a will abroad said property may be found. (10a)
A. Law of the place where
the will is executed – Article 17 2 Proceedings if a person dies with a will:
B. Law of the place of his 1. Probate proper – proceeding instituted to
residence or domicile – Article 816 determine the genuineness and authenticity
C. Law of his own country of a will. It is concerned only with the
or nationality – Article 816 extrinsic validity of the will.
D. Philippine law – Article 2. Distribution proceedings – intrinsic validity of
816 the will is considered
v. Testator is an alien who
executes a will in the Philippines GENERAL RULE: Foreign laws may not be taken
A. Law of the place where judicial notice of and has to be proven like any other
the will is executed (Philippines) – fact in dispute between the parties in any proceeding
Article 17 EXCEPTIONS:
B. Law of his own country 1. If the foreign laws are within the actual
or nationality – Article 817 knowledge of the court; or
2. When these laws have been considered
ARTICLE 815. When a Filipino is in a foreign country, he is before by the court in a previous case and the
authorized to make a will in any of the forms established by parties do not oppose as to the consideration of
the law of the country in which he may be. Such will may be the court as to the existence of the foreign law.
probated in the Philippines. (n)
ARTICLE 816. The will of an alien who is abroad produces

Instances when the intrinsic validity of wills of
effect in the Philippines if made with the formalities prescribed foreigners is governed by Philippine laws
by the law of the place in which he resides, or according to the 1. DOCTRINE OF PROCESSUAL PRESUMPTION
formalities observed in his country, or in conformity with those In the absence of evidence of foreign laws, it
which this Code prescribes. (n) is presumed that it is the same as Philippine law.
2. RENVOI DOCTRINE (referring back)
ARTICLE 817. A will made in the Philippines by a citizen or The testator is a Philippine resident and a
subject of another country, which is executed in accordance national of another country. The national law of
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
the decedent says that the intrinsic validity of a
country, shall have the same effect as if executed according to will should be governed by the domiciliary law or
the laws of the Philippines. (n) the law of his residence or domicile. Hence,
Philippine law will be applied.
• The legislature cannot validate a void will
SUBSECTION 2
INTRINSIC VALIDITY Testamentary Capacity and Intent
Intrinsic Validity can be viewed from 2 points:
a. Viewpoint of TIME – law enforced at the time of • Testamentary power refers to the right or
the death of the decedent privilege given by the state to the individual to
execute wills.
ARTICLE 2263 NEW CIVIL CODE. Rights to the
inheritance of a person who died, with or without a
• Testamentary capacity refers to the
will, before the effectivity of this Code, shall be qualification of a person to execute a will.
governed by the Civil Code of 1889, by other • A person may have testamentary power but
previous laws, and by the Rules of Court. The no testamentary capacity
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
• There are persons who have testamentary be insane, the person who maintains the validity of the will
capacity but they do not have testamentary power, must prove that the testator made it during a lucid interval.
like in some other countries (n)
• But they may be used interchangeably
When testator is presumed of unsound mind:
KINDS OF TESTAMENTARY CAPACITY (1) When the testator, one month, or less, before
making his will was publicly known to be insane;
1. Active Testamentary Capacity – refers to (2) When the testator was judicially declared insane
the qualifications of persons to execute wills
before making his will;
2. Passive Testamentary Capacity – refers to (3) When the testator has Insanity of a general or
the qualifications of persons to receive by virtue of permanent nature shown to have existed at one time.
a will. This would be discussed more exhaustively
under the chapter on the capacity to succeed. How to establish evidence of soundness of
mind?
ARTICLE 796. All persons who are not expressly prohibited
by law may make a will.
1. You may use the testimony of the notary
public
2. The testimony of the attesting witnesses
• Testamentary capacity is the general rule 3. The testimony of the attending physician
4. The testimony of other witnesses
ARTICLE 797. Persons of either sex under eighteen years
of age cannot make a will. (n)
ARTICLE 801. Supervening incapacity does not
How do you compute 18 years? invalidate an effective will, nor is the will of an incapable
validated by the supervening of capacity. (n)
1. Theory under the Spanish Law
Under the Spanish law, the 18th birthday should • Testator must be of unsound mind AT THE
have passed or commenced before the person can TIME of the execution of the will
execute a will. We follow Spanish Law
2. Theory under the American Law • This is the PRINCIPLE OF SUPERVENING
It is sufficient that the day preceding one’s CAPACITY
birthday has already commenced.
3. Theory under the Civil Code ARTICLE 802. A married woman may make a will without
You are already 18 years old 4 days before your the consent of her husband, and without the authority of the
birthday because under the Civil Code, 1 year is court. (n)
365 days. And in 18 years, there are 4 leap years.
So, 4 days prior to your birthday, under the Civil ARTICLE 803. A married woman may dispose by will of
all her separate property as well as her share of the conjugal
Code, you are already 18 years of age.
partnership or absolute community property. (n)
ARTICLE 798. In order to make a will it is essential that the

testator be of sound mind at the time of its execution. What can the married woman or man disposed
of in a will?
1. He/she may dispose of his/her separate property;
ARTICLE 799. To be of sound mind, it is not necessary that
the testator be in full possession of all his reasoning faculties, or
or that his mind be wholly unbroken, unimpaired, or 2. He/she may dispose of his/her share in the
unshattered by disease, injury or other cause. conjugal/community property.
It shall be sufficient if the testator was able at the time of
making the will to know the nature of the estate to be
disposed of, the proper objects of his bounty, and the • If the spouse disposes of the entire
character of the testamentary act. (n) community property, the disposition is only valid
with respect to the portion pertaining to the share
3 Requisites of a sound mind: of the spouse who is the testator. The remaining
1. The testator must know the nature of the estate to portion becomes invalid. But if the spouse knows
be disposed of that he or she has no right to dispose of the share
2. He must know the proper objects of his bounty or his or her spouse but still he or she provides in
3. He must know the character of the testamentary act the will that such portion or the entire portion be
given to a certain person, in that case, you will
Degrees of Mental Incapacity or Incapacity learn later on that it is valid. What is to be done
1. Idiots – IQ average of 25; congenitally and is for the estate to acquire the other portion.
intellectually deficient; considered as of unsound
mind in succession SUBSECTION 3
2. Imbecile – IQ average of 26 to 50; mentally Forms of Wills
deficient; considered as of unsound mind in
succession 2 Kinds of Wills:
3. Moron – IQ average of 51 to 70; they can do 1. ORDINARY OR NOTARIAL WILL – that
reading and writing; they can be self-supporting; which requires, among other things, an
considered as of sound mind in succession attestation clause and acknowledgement before
a notary public. This will is ordinarily executed
GENERAL RULE: Testamentary incapacity invalidates with the aid of a lawyer. There are witnesses
the whole will and attestation clause.
EXCEPTION: If the incapacity proceeds from a delusion 2. HOLOGRAPH OR HOLOGRAPHIC WILL –
on a particular subject and the product of such delusion wills which are ENTIRELY written, dated and
might be declared invalid without affecting other signed in the handwriting of the testator. This
portions of the will also requires NO attestation clause or witnesses
or acknowledgment.
ARTICLE 800. The law presumes that every person is of
sound mind, in the absence of proof to the contrary.
ARTICLE 804. Every will must be in writing and executed
The burden of proof that the testator was not of sound
in a language or dialect known to the testator. (n)
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 • No such thing as oral wills in the Philippines
• Nuncupative Wills are wills orally made by Consists in witnessing the The signing of the
testator in contemplation of death and before testators execution of the witnesses name upon
competent witnesses. Nuncupative wills are not will in order to see and the same paper for the
recognized in the Philippines. take note mentally that purpose of
those things are done identification of such
• The presumption is that the testator knew the
which the statutes require paper as a will
language used in writing the will
for the execution of the will executed by the
• There is no statutory requirement that the will
and that the signature of testator.
should allege that the language used therein is
the testator exist as a fact.
understood by the testator
Mental act of the senses. Mechanical act of the
• There is no need to state in the Attestation You see, smell, feel etc. hand.
clause that the will is in the language or dialect
The purpose is to render The purpose is
known to the testator
available proof of the identification.
• That the will is in a language known to the authenticity of the will and
testator can be proved by extrinsic evidence or its due execution.
even by parol or oral evidence The act of the witnesses May be the act of the
• If the will is executed in the locality where the testator when the
testator lives, it is presumed that indeed the testator signs the will
testator during his lifetime knew or understood the or the witnesses if the
language or dialect in that locality witnesses affixed their
• The testator must know the language or dialect. signature in the will.
No amount of interpretation or explanation will cure To attest a will is to know To subscribe a paper
the defect that it was published as published as a will is
• Attesting witnesses are not required to know such and to certify the fact only to write on the
the language used in the body of the will required to constitute an same paper then
actual or legal publication. names of the witnesses
for the sole purpose of
ARTICLE 805. Every will, other than a holographic will,
must be subscribed at the end thereof by the testator himself identification.
or by the testator's name written by some other person in his
presence, and by his express direction, and attested and Tests of Presence
subscribed by three or more credible witnesses in the a. Test of vision
presence of the testator and of one another. b. Test of position
The testator or the person requested by him to write his c. Test of mental apprehension
name and the instrumental witnesses of the will, shall also
d. Test of available senses
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. 3. The testator or the person
The attestation shall state the number of pages used upon requested by him to write his name and the
which the will is written, and the fact that the testator signed credible witnesses of the will shall sign
the will and every page thereof, or caused some other person each and every page of the will, on the left
to write his name, under his express direction, in the presence margin, except the last page
of the instrumental witnesses, and that the latter witnessed
• Marginal witnesses are also
and signed the will and all the pages thereof in the presence
of the testator and of one another. the subscribing witnesses
If the attestation clause is in a language not known to the • Purpose of the signing at the
witnesses, it shall be interpreted to them. (n) left-hand margin of the will is to identify the
pages and to prevent fraud
1. Article 805 only applies to notarial wills GENERAL RULE: Absence of signature on the first
2. The requirements under Article 805 are to be page of the will invalidates the will.
strictly construed EXCEPTIONS:
1. If the will contains only one page, then
Formal Requirements under Article 805: logically that one page already has the signature
1. Subscribed at the end by the of the testator because he is required to sign at
testator himself or the testator’s name is the end of the disposition and that also contains
written by some other person in the presence the signatures of the witnesses in the attestation
and under the express direction of the clause.
testator 2. Inadvertent lifting of pages.
• Subscription means the
physical act of signing 4. All the pages shall be numbered
• E-signatures cannot be affixed correlatively in letters placed on the upper
in a will because e-signatures are applicable part of each page
only to transactions and contracts • As long as it the page number
• Signature must appear not the has a physical location, the will is still valid.
physical end but at the logical end of the will The page number may even be incorporated
• The presence of additional in the text of the document itself
dispositions in a notarial will after the signature • If the will has only one page,
of the testator invalidates the entire will the will is valid because you can easily detect
because it affects the form whether there is loss of pages because if the
2. Attested and subscribed by three one page is lost then there is no will to speak
or more credible witnesses in the presence of of
the testator and of one another • Purpose of numbering the
• “in the presence of the testator pages of a will:
and of one another” – not actually seeing but in a) To guard against
a position to see if you want to see without any fraud;
physical obstruction b) To forestall any
attempt to suppress or substitute any of
ATTESTATION SUBSCRIPTION the pages;
c) To afford means of again, by the notary public before whom the will is
detecting the loss of any of its pages; acknowledged. (n)
d) To prevent any increase
or decrease in the pages. ARTICLE 809. In the absence of bad faith, forgery, or
fraud, or undue and improper pressure and influence,
ATTESTATION defects and imperfections in the form of attestation or in the
language used therein shall not render the will invalid if it is
• It is the act of
proved that the will was in fact executed and attested in
witnessing the execution of the will. It is a mental substantial compliance with all the requirements of article
act. 805. (n)
• Attestation
clause is that clause of an ordinary or notarial will • Article
wherein the witnesses certify that the instrument 809 gives the rule on substantial compliance
has been executed before them and the manner of with respect to the attestation clause
execution of the same
• What do the • There is
subscribing witnesses attest to? substantial compliance when there has been
1. They attest to the genuineness of the signature an HONEST ATTEMPT on the part of the testator
of the testator to comply with the formal requisites provided by
law but the compliance is only substantial and
2. They attest to the due execution of the will not literal but the purpose of the law is
• What substantially accomplished although not strictly
should the attestation clause state? followed
1. The number • As to
of pages used upon which the will is written marginal signatures, there is no particular
2. The fact requirement that it should really appear on the
that the testator signed the will and every page left margin because the only purpose of marginal
thereof, or caused some other person to write signatures is for identification.
his name, under his express direction; • As to
3. The signing attesting signatures, the attesting witnesses are
by the testator or by the person requested by supposed to own the statements mentioned in
him in the presence of the instrumental the attestation clause. Therefore, their
witnesses; and signatures should appear at the bottom of the
attestation clause. If you just write on the
4. That the
margin, the purpose here is not to own the
instrumental witnesses witnessed and signed
statements mentioned here but just to identify
the will and all he pages thereof in the
this page, later on, as the same page which you
presence of the testator and of one another.
attested before.
ARTICLE 806. Every will must be acknowledged before a
Requisites of Article 809:
notary public by the testator and the witnesses. The notary
public shall not be required to retain a copy of the will, or file 1. The defects and imperfections refer to the
another with the office of the Clerk of Court. (n) form of the attestation or the language used
therein;
• Acknowled 2. There is no bad faith, forgery or fraud, or
undue or improper pressure and influence;
gment is a statement made by the notary public
3. The will was executed and attested in
that the testator and the witnesses have personally
substantial compliance with all the
come before him, that they voluntarily executed
requirements; and
the will and that they understood the contents.
4. The fact of such execution and attestation is
• “To proved.
acknowledge” means to admit, to avow, to own
as genuine Defects or imperfections excused under Article
• A 809:
holographic will need not be acknowledged before 1. Defects/imperfections in the form of
a notary public attestation clause;
• The testator
acknowledges the execution of the will. The 2. Defects/imperfections in the language used in
witnesses acknowledge the attestation clause. the attestation clause.
• Acknowledg
Formal requisites to be observed in the
ment need not be made in the presence of the
execution of Notarial Wills:
testator and each and everyone of the witnesses. It
is just required that the testator and the witnesses 1. The will must be in writing (Article 804);
appear before the notary public, not actually at the 2. It must be in the language or dialect known to
same time the testator;
• It is not 3. The will must be signed by the testator or by
required that the notary public before whom the another person in his presence or under his
will is acknowledged be present during the express direction (Article 805);
execution of the will 4. That the signing by the testator or by the
• Absence of person under his express direction and in his
an acknowledgment is a fatal defect presence must be done in the presence of at
least 3 instrumental witnesses;
ARTICLE 807. If the testator be deaf, or a deaf-mute, he 5. That the will is attested and subscribed by at
must personally read the will, if able to do so; otherwise, he least 3 credible witnesses in the presence of the
shall designate two persons to read it and communicate to testator and of each and every one of them;
him, in some practicable manner, the contents thereof. (n) 6. That the will must be signed by the testator
and by at least 3 credible witnesses on the left
ARTICLE 808. If the testator is blind, the will shall be read hand margin on each and every page;
to him twice; once, by one of the subscribing witnesses, and
7. That the will must be numbered correlatively in testator. EXPLICIT meaning you must possibly
letters; and unconditionally declare
8. That the signing by the 3 witnesses must be • If probate is CONTESTED, at least 3 of such
done in the presence of the testator and each and witnesses should be presented
every one of them;
• A photocopy or carbon copy of a holographic
9. There must be an Attestation clause stating
is allowed
therein the number of pages upon which the will is
written, a statement that the testator signed the
GENERAL RULE: The requirement of presenting an
will or another person signed the will under the
expert witness is discretionary on the part of the
express direction of the testator;
court.
10. The will is signed at the left margin by the
EXCEPTION: It is mandatory when after the
testator and the 3 instrumental witnesses in the
presenting witnesses who allegedly know the hand
presence of the testator and of one another;
writing of the testator, the court still is not convince
11. The will must be acknowledged before a notary as to the authenticity and genuineness of the will
public (Article 806); then the court should require expert testimony.
12. The will must be read twice by 2 persons
designated by the testator if the testator is deaf or ARTICLE 812. In holographic wills, the dispositions of the
deaf-mute (Article 807); testator written below his signature must be dated and
signed by him in order to make them valid as testamentary
13. If the testator is blind the will must be read to dispositions. (n)
him once, by one of the subscribing witnesses, and
again, by the notary public (Article 808); and
14. There must be substantial compliance with all • If there is no signature and date, then it is
presumed that the testator has no testamentary
the requirements of the law (Article 809).
intent as to his additional dispositions
ARTICLE 810. A person may execute a holographic will • If dated without signature, the additional
which must be entirely written, dated, and signed by the hand disposition is void. If signed only without date,
of the testator himself. It is subject to no other form, and may the additional disposition is void. But the
be made in or out of the Philippines, and need not be holographic will itself is not affected
witnessed. (678, 688a)
• With respect to notarial wills, the presence of
these additional dispositions will invalidate the
• A holographic will is a will that is entirely entire will because in a notarial will, the signature
written, dated and signed by the hand of the should appear at the logical end. Those
testator himself additional dispositions after the signature will
• It is important to know the date of execution invalidate the entire will.
because after the effectivity of the Spanish Civil
Code, which was overtaken by the Code of Civil ARTICLE 813. When a number of dispositions appearing
Procedure August 7, 1901 – August 1950 – in a holographic will are signed without being dated, and the
holographic wills, during that period, were not last disposition has a signature and a date, such date
allowed. validates the dispositions preceding it, whatever be the time
of prior dispositions. (n)
• Strictly speaking, in notarial wills, attestation
clause is not part of the will because it contains no
dispositions. The fact that the attestation clause is • If the dispositions are merely signed without
typewritten will not invalidate the will. the date, and the last disposition is signed and
dated, the effect is that it validates the
Requisites in the execution of holographic wills: disposition preceding it.
1. It must be written in a language or dialect • If the additional dispositions in a holographic
known to the testator will are not in the handwriting of the testator and
2. It must be ENTIRELY written by the testator; they are not signed by the testator, then, these
3. It must be dated in the hand writing of the additional dispositions are not valid but the will
testator; itself remains valid.
4. It must be signed in the hand writing of the
testator; and • But, if these additional dispositions are signed
5. It must be with animus testandi. by the testator, the testator is owning or adopting
the additional dispositions as his own. They will
now form part of the will because it now owned
ARTICLE 811. In the probate of a holographic will, it shall
be necessary that at least one witness who knows the by the testator or adopted. In that case, the
handwriting and signature of the testator explicitly declare entire will is void. The will now is not entirely in
that the will and the signature are in the handwriting of the the handwriting of the testator.
testator. If the will is contested, at least three of such
witnesses shall be required.
• Signed but not dated and the last disposition
In the absence of any competent witness referred to in is signed and dated – validated
the preceding paragraph, and if the court deem it necessary, • Date only and the last disposition is dated
expert testimony may be resorted to. (691a) and signed – only the last disposition is valid, all
the previous dispositions are void because the
• Probate is the allowance of the will by the law says signed not dated. Only the disposition
court after its due execution is proved unsigned is invalid.
• Not signed and not dated even if the last
• Questions addressed during probate
disposition is signed and dated – void
proceedings: question of identity, question of
testamentary capacity and question of due
ARTICLE 814. In case of any insertion, cancellation,
execution erasure or alteration in a holographic will, the testator must
• If probate is UNCONTESTED, one witness who authenticate the same by his full signature. (n)
knows the hand writing of the testator must be
presented and who must explicitly declare that the • The insertion, cancellation erasure or
will and the signature are in the handwriting of the alteration mentioned in Article 814 are the ones
written in the hand writing of the testator
• Insertion, cancellation, erasure or alteration, is 1st view: It is valid because if it is allowed

not per se prohibited as long as they are under his national law, it should be allowed here
authenticated by the full signature of the testator in the Philippines under Art 817.
2nd view: By reason of public policy, it is void
• If the insertion, cancellation, erasure or
because under Article 17, our laws cannot be
alteration does not bear the signature of the
subrogated by the laws promulgated in other
testator:
countries.
GENERAL RULE: Only the erasure or insertion is
void. The entire will itself is valid.
SUBSECTION 4
EXCEPTION: When this insertion, cancellation,
Witnesses to Wills
erasure or alteration is made in an essential part of
the will. When this insertion, cancellation, erasure
ARTICLE 820. Any person of sound mind and of the age
or alteration will affect the essence of the will then
of eighteen years or more, and not blind, deaf or dumb, and
not only the insertion, cancellation, erasure or able to read and write, may be a witness to the execution of
alteration is void but the entire will itself. a will mentioned in article 805 of this Code. (n)
*** Articles 815, 816 and 817 were previously • A blind person, under Article 808, can be a
discussed under extrinsic validity of wills from the testator. But he cannot be a witness
viewpoint of place or country
ARTICLE 821. The following are disqualified from being
ARTICLE 818. Two or more persons cannot make a will witnesses to a will:
jointly, or in the same instrument, either for their reciprocal (1) Any person not domiciled in the
benefit or for the benefit of a third person. (669) Philippines;
(2) Those who have been convicted of
• JOINT WILL is one wherein the same falsification of a document, perjury or false testimony.
(n)
testamentary instrument is made as the will of 2 or
more persons and it is jointly executed and signed
by them. Qualification of witnesses to a will:
1. He must be of sound mind
• MUTUAL WILLS or RECIPROCAL WILLS are 2. At least 18 yrs of age
wills of 2 persons wherein the disposition of one is 3. Not blind, deaf or dumb
made in favor of the other and the other also 4. Able to read and write;
makes dispositions in favor of the other. This is 5. Domiciled in the Philippines
also called TWIN WILLS. The Mutual or reciprocal 6. Not convicted of falsification of document, perjury
wills are embodied in separate instruments. of false testimony
• When the 2 dispositions are made in the same
will, it becomes a joint will. Now, we have a Joint Essential elements of domicile:
and Mutual will. When you have a Joint and Mutual 1. The fact of residing, or the physical
will, it is prohibited under Article 818. presence in a fixed place
• Article 818 may cover a joint and mutual will or 2. The intention of remaining
joint will wherein the benefit is not for the 2 parties permanently, or the animus manendi
who execute the will but for a third person.
• Not all mutual and reciprocal wills are joint • These disqualifications apply only if the will is
wills. executed in the Philippines
• Conviction here should be by final judgment
Why are joint wills not allowed? • If pardoned and the pardon is by reason of
1. It tends to convert a will into a contract innocence then you become qualified again to
2. It destroys the character of wills as a strictly become a witness to a will because when you
personal act were acquitted because of innocence, that means
3. It runs counter to the idea that wills are you are trustworthy as witness.
essentially revocable or ambulatory; • If the pardon is by reason of an executive
4. It may subject one to undue influence. It clemency, you are still disqualified because the
induces Parricide. pardon erases only the penalty or the civil
5. It makes probate more difficult especially if the consequences of the conviction but it does not
testators dies at different times. change the fact that you are dishonest and
untrustworthy.
ARTICLE 819. Wills, prohibited by the preceding article, • A notary public cannot be one of the attesting
executed by Filipinos in a foreign country shall not be valid in
witnesses
the Philippines, even though authorized by the laws of the
country where they may have been executed. (733a)
ARTICLE 822. If the witnesses attesting the execution of
a will are competent at the time of attesting, their becoming
• Joint wills executed by a Filipino in a foreign subsequently incompetent shall not prevent the allowance
country are not valid in the Philippines, even of the will. (n)
though allowed in the place of execution
• Article 819 is not applicable to foreigners • As long as the witness is qualified at the time
executing their will. If a joint will is executed by a of the execution of the will, it does not matter if
foreigner abroad and it is valid in the place of subsequently he becomes incapacitated. The
execution, it shall be recognized by our courts, validity of the will remains.
because of lex loci celebrationes (law of the place
of execution). If it is valid in the place of execution ARTICLE 823. If a person attests the execution of a will,
it is valid here in the Philippines. to whom or to whose spouse, or parent, or child, a devise or
• If a joint will is executed by a Filipino and a legacy is given by such will, such devise or legacy shall, so
foreigner, the will is void as to the Filipino and valid far only as concerns such person, or spouse, or parent, or
with respect to the foreigner. child of such person, or any one claiming under such person
or spouse, or parent, or child, be void, unless there are three
• If a foreigner executes a joint will in the
other competent witnesses to such will. However, such
Philippines:
person so attesting shall be admitted as a witness as if such original will, then the The one revoking the
devise or legacy had not been made or given. (n) original will and the other.
codicil are taken as one.
• This article refers to an attesting witness to the
execution of the will but at the same time he is a ARTICLE 826. In order that a codicil may be effective, it
shall be executed as in the case of a will.
devisee or legatee in that will
• The will is still valid but he is disqualified from
receiving the devise or legacy 2 kinds of Codicil:
1. NOTARIAL CODICIL – it follow the rules
• Even if the attesting witness is not the devisee required by law for notarial will.
or legatee himself but his spouse, the parents, the 2. HOLOGRAPHIC CODICIL – it follow the rules
child of that witness, so the mother of the attesting required by law for holographic will
witness, the will is still valid but such person cannot
receive the legacy or devise
• But this article will not apply if there are more
• If the codicil does not follow the requirements
of the law, the codicil is void. But the invalidity of
than 3 witnesses.
the codicil will not affect the validity of the will.
• In voluntary heirs, the inheritance which they
are to receive under the will is void. Voluntary ARTICLE 827. If a will, executed as required by this
heirs are those who receive by virtue of the Code, incorporates into itself by reference any document or
liberality by the testator but they do not receive paper, such document or paper shall not be considered a
something if the testator does not provide for them. part of the will unless the following requisites are present:
• As to compulsory heirs, they may still get their (1) The document or paper referred to in the will must be in
existence at the time of the execution of the will;
legitime. But with respect to the free portion (2) The will must clearly describe and identify the same,
accorded to the compulsory heirs in the will, it is stating among other things the number of pages thereof;
void if such compulsory heir is also one of the 3 (3) It must be identified by clear and satisfactory proof as
witnesses. the document or paper referred to therein; and
(4) It must be signed by the testator and the witnesses on
ARTICLE 824. A mere charge on the estate of the testator each and every page, except in case of voluminous books of
for the payment of debts due at the time of the testator's account or inventories. (n)
death does not prevent his creditors from being competent
witnesses to his will. (n)
• This is the Rule on Incorporation by
Reference. It is incorporation of an intrinsic or
• A creditor is not disqualified to receive if the separate document or paper into a will by
testator provides in the will that such portion shall reference so as to become a part thereof and
be given to the said creditor as payment for an probated as such.
obligation. Whether or not he is instituted in the
will, the creditor is entitled to be paid for his credit. Requisites of Incorporation by Reference:
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
SUBSECTION 5 number of pages thereof
Codicils and Incorporation by Reference 3. It must be identified by clear and
satisfactory proof as the document or paper
ARTICLE 825. A codicil is a supplement or addition to a referred to therein
will, made after the execution of a will and annexed to be 4. It must be signed by the testator and
taken as a part thereof, by which any disposition made in the
original will is explained, added to, or altered. (n)
the witnesses on each and every page, except in
case of voluminous books of account or
inventories
• The validity of the codicil depends upon the
validity of the will Requirements to be stated in the face of the
• If the provisions of the will and the codicil are will:
inconsistent, the codicil should prevail because the 1. The fact that you are referring to the document or
purpose of a codicil is to amend, alter, or add to a paper
previously executed will. 2. The clear description and identification of the
document
CODICIL NEW WILL 3. The number of pages
When you execute a When you say after
codicil after you execute executing the first will, Requirements to appear on the face of the
a will, the codicil is taken you again execute document to be incorporated or being referred
as a part of the will. another will then the new to:
will exists independently 1. The signature of the testator;
of the original will and 2. The signature of the witnesses
without reference to the
original will. Requirements that can be proved by extrinsic
The codicil explains, adds Has no regard to the evidence:
to, supplements, and previous will, it does not 1. That the document is inexistence at the time of
alters the provisions in explain, or add to, or the execution of the will;
the original will. supplement the original 2. That the document is the one being referred to in
will. . the will.
The codicil may revoke When you execute a new
only a PART of the will, the ENTIRE previous GENERAL RULE: Only notarial wills shall have
original will. will is revoke as a general incorporation by inference because:
rule. 1. These documents under Article 827
Because a codicil is When you execute a new have to be signed by the testator and the
taken as a part of the will, they are separate.
witnesses. In notarial wills, there are witnesses. In
holographic wills, there are no witnesses. 3 ways of revocation:
2. In a notarial will, the contents can 1. By implication of law
either be in the handwriting of the testator, 2. By some will, codicil, or other writing
typewritten or a combination. When you say executed as provided in case of will (by
documents to be incorporated into the will, these subsequent instrument)
documents may either be typewritten or in the 3. By means of an overt act
hand of the testator.
EXCEPTION: It may be a holographic will: Acts considered by law as an act of revocation:
1. When the holographic will has at least 3 1. Article 957 of the NCC – When after
the testator has made a will, he sells, donate the
witnesses, there can be incorporation by reference
legacy or devise
because by then, the subscribing witnesses in the
2. Article 106 of the FC – Provisions in
holographic will, although a surplusage, can sign
the will in favor of the spouse who has given
the document to be incorporated.
cause to legal separation
2. Even if there are no witnesses but the 3. Article 1032 of the NCC - When an
document to be incorporated are entirely written, heir, legatee or devisee commits an act of
signed and dated in the hand of the testator. In unworthiness
this case, what we have is a purely holographic will. 4. Article 936 of the NCC – When a
You may have a valid incorporation by reference. credit has been given as a legacy is judicially
demanded by the testator
SUBSECTION 6 5. Article 854 of the NCC – Preterition
Revocation of Wills and Testamentary
Dispositions Kinds of Revocation by Subsequent Instrument:
ARTICLE 828. A will may be revoked by the testator at any

1. EXPRESS REVOCATION – When the new will or
time before his death. Any waiver or restriction of this right is codicil contains a revocatory clause.
void. (737a) 2. IMPLIED REVOCATION – When the provisions
in the subsequent wills or codicil are completely
inconsistent with the provisions in the previous
• Revocation is an act of the mind terminating
will.
the potential capacity of a will to operate at the
death of the testator manifested by some outward
Requisites for the application of revocation by
and visible act or sign symbolic thereof
subsequent instrument:
GENERAL RULE: The testator can always revoke his will
1. There must be testamentary capacity
during his lifetime
AT THE TIME of revocation
EXCEPTION: If the testator during his lifetime loses
2. The subsequent instrument must be
testamentary capacity or becomes of unsound mind.
valid
3. The subsequent will or instrument
ARTICLE 829. A revocation done outside the Philippines, by
a person who does not have his domicile in this country, is
must contain a revocatory clause or be
valid when it is done according to the law of the place where incompatible with the former will thereby
the will was made, or according to the law of the place in showing intent to revoke
which the testator had his domicile at the time; and if the 4. The subsequent will or instrument
revocation takes place in this country, when it is in accordance must be admitted to probate
with the provisions of this Code. (n)
Requisites for the application of revocation by
• If the revocation is made within the Philippines an overt act:
we only have to comply with the Philippine law 1. The testator has testamentary
regardless of the nationality or domicile capacity AT THE TIME of performing the act
• If the revocation is made outside the Philippines 2. The act must be any of the overt act
by a non-resident (Filipino or foreigner): mentioned under Article 830:
1. The law of the place where the will was a. BURNING –
MADE (not where the will is revoke) It is not required that the whole instrument is
2. The law of the place of the place of completely burned. Even if only a portion of
DOMICILE of the testator the document is burned, it is considered to
• If the revocation is made outside the Philippines be an act of revocation.
by a resident (Filipino or foreigner): b. TEARING –
1. The law of the place of the either you tear or cut by means of your
REVOCATION hands or scissors. A slight cut or a slight tear
2. The law of the place of DOMICILE is sufficient to be considered an act of
• In revocation, the national law has no revocation. The greater the cut the greater is
revocation the presumption that there is animu
revocandi on the part of the testator. If the
ARTICLE 830. No will shall be revoked except in the codicil is torn, it is an act of tearing and both
following cases: the will and codicil are revoked because a
(1) By implication of law; or codicil is part of the will.
(2) By some will, codicil, or other writing executed as c. CANCELING
provided in case of wills; or
– when you place a mark or a line across the
(3) By burning, tearing, cancelling, or obliterating the will
with the intention of revoking it, by the testator himself, or by writings. If you place a mark or a line on the
some other person in his presence, and by his express spaces, there is no cancellation.
direction. If burned, torn, cancelled, or obliterated by some d. OBLITERATI
other person, without the express direction of the testator, the NG – it is when you erase thru eraser or like
will may still be established, and the estate distributed in
you blot out. If what is blotted out is just
accordance therewith, if its contents, and due execution, and
the fact of its unauthorized destruction, cancellation, or some provisions, these provisions are
obliteration are established according to the Rules of Court. considered to be revoked but the will
(n) remains valid
3. The act must be a completed act (at least a • But if he destroyed the 1st will LONG BEFORE
completion of the subjective phase of the overt the execution of the subsequent will, you can no
act) longer apply the doctrine. The will here was
GENERAL RULE: Even if the tearing is not complete destroyed by an overt act, so it is absolute.
or the burning is not complete then there is an
act of revocation.
ARTICLE 833. A revocation of a will based on a false
EXCEPTION: When the testator starts burning his cause or an illegal cause is null and void. (n)
will but he realized that he really does not want
to revoke his will. So before the will is completely
burned, he desists from burning and that is • Article 833 is another aspect of the Doctrine
voluntary desistance on his part. In this case, of Dependent Relative Revocation. You revoke
even if the will contains a slight burn or slight the will based on a false belief
tear there is NO ACT OF REVOCATION because of • When the revocation is made by a
the voluntary desistance by the testator. subsequent instrument the false cause must
4. There must be intent to revoke or animus revocandi be stated in the face of the will
5. The revocation must be done by the testator
himself or by some other persons in his presence ARTICLE 834. The recognition of an illegitimate child
and under his express direction does not lose its legal effect, even though the will wherein it
was made should be revoked. (741)
• PRESUMPTION: A duly executed will has not
been revoked • Recognition takes place immediately upon
the execution of the will
• Burden of proof that the will is revoked lies
• Recognition is not disposition of property
upon the one who opposes the probate of the will
which that person alleges has been revoked
SUBSECTION 7
Republication and Revival of Wills
What should be proven during the probate of a
lost or destroyed notarial will:
REPUBLICATION REVIVAL
1. Establish compliance with the formalities It is the re-establishment by It is the re-
required by law under Articles 804-809 of the NCC the testator of previously establishment to
2. Prove that the will was inexistent at the time of revoked will or one invalid validity by operation
the death of the testator or that it was fraudulently for want of proper execution of law of a previously
destroyed or lost without the knowledge of the as to form or for other revoked will.
testator or it was accidentally lost or destroyed by reasons so as to give
the testator without intent to revoke. validity to said will
3. Prove the contents clearly and distinctly by It involves the act of the It involves the act of
copies or without copy by recital of content by testator. law, operation of law.
some document or the testimony of the witnesses There is a will previously A will previously
revoked or a will valid as to revoked.
ARTICLE 831. Subsequent wills which do not revoke the form or a will invalid for any
previous ones in an express manner, annul only such other cause
dispositions in the prior wills as are inconsistent with or
contrary to those contained in the later wills. (n) ARTICLE 835. The testator cannot republish, without
reproducing in a subsequent will, the dispositions contained
• Article 831 talks about Implied Revocation in a previous one which is void as to its form. (n)
made in a subsequent instrument
• There is IMPLIED REVOCATION when the • Article 835 gives the rule on express
testator, after having executed a will executes republication or republication by re-
another will or codicil which the will or codicil does execution
not contain a revocatory clause but its contents are • Republication is the re-establishment by the
inconsistent with the former will then there is testator of a previously revoked will or one invalid
implied revocation for want of proper execution as to form or for
other reasons so as to give validity to said will
ARTICLE 832. A revocation made in a subsequent will shall
take effect, even if the new will should become inoperative by • If the testator previously executed a void will
reason of the incapacity of the heirs, devisees or legatees and he would want to give life to this void will,
designated therein, or by their renunciation. (740a) then he has to republish his will.
• Or, if previously, the testator revoked his will
• Article 832 is the DOCTRINE OF ABSOLUTE and he would like to give life to this revoked will.
REVOCATION So, he has to republish his will.
• On the other hand, the DOCTRINE OF
2 Kinds of Republication:
DEPENDENT RELATIVE REVOCATION is where
the act or destruction is connected to the making of 1) EXPRESS REPUBLICATION/
a will so as squarely to raise the inference that the REPUBLICATION BY RE-EXECUTION is a
testator meant the revocation of the old would republication in a subsequent will a previous one
depend upon the efficacy of the new disposition which is void as to form (Article 835)
and if for any reason the new will intended to be 2) IMPLIED
made as a substitute is inoperative, the revocation REPUBLICATION/REPUBLICATION BY
fails and the original will is in full force and effect REFERENCE is the execution by a codicil
• There is no revocation by overt act if the referring to a previously revoked will or a will
destruction of the first will was prompted by a false valid as to form but void because of some
belief that the subsequent will executed was valid extrinsic defects like lack of testamentary
• If the destruction is AFTER the execution of the capacity (Article 836)
subsequent will, the Doctrine of Dependent Relative
Revocation applies. He destroyed the 1st will after
having executed the 2nd will.
ARTICLE 836. The execution of a codicil referring to a
previous will has the effect of republishing the will as modified
• ANTE MORTEM PROBATE means a probate
done during the lifetime of the testator
by the codicil. (n)
• POST MORTEM PROBATE means a probate
done after the death of the testator
• If the old will is void as to form, the only way to
republish it is by re-execution.
2 aspects of POST MORTEM PROBATE:
• If old will is void but not as to form because the 1. PROBATE PROPER is only concerned
testator lacks testamentary capacity, it can be on the due execution of the will and the
republished by re-execution or it can be testamentary capacity of the testator
republished by reference. 2. DETERMINATION OF THE LEGALITY OF
THE PROVISION AND THE DISTRIBUTION OF THE
ESTATE.
ARTICLE 837. If after making a will, the testator makes a GENERAL RULE: During probate proper, the probate
second will expressly revoking the first, the revocation of the
court HAS NO JURISDICTION to entertain other issues
second will does not revive the first will, which can be revived
only by another will or codicil. (739a) except on issues on whether or not the will was duly
probated in compliance with the formalities required
by law and whether or not the testator has
• There is no revival if the first will is expressly testamentary capacity at the time he executed the
revoked by the 2nd will will
• There is revival if the first will is IMPLIEDLY EXCEPTION: Summary on issues that may be
REVOKED by a second will passed upon by the probate court (intrinsic validity):
1. Ownership
• PRINCIPLE OF INSTANTER states that when a. when the testator has disposed of
the will is EXPRESSLY revoked by a 2 nd will, the property which is not his; or
revocation of the 2nd will by the 3rd will will not b. whether or not a certain property is
revive the 1st will. This is because revocation takes included in the estate.
effect immediately. It does not wait for the death 2. Filiation
of the testator to become effective because a. whether or not the oppositor has
revocation does not take the form of testamentary personality to intervene; or
disposition. b. whether or not the will has been
revoked
SUBSECTION 8 3. Whether or not there was preterition
Allowance and Disallowance of Wills
 But decisions of the court pertaining to
ARTICLE 838. No will shall pass either real or personal these questions are only provisional.
property unless it is proved and allowed in accordance with
the Rules of Court.
The testator himself may, during his lifetime, petition the Matters that may be passed upon by the
court having jurisdiction for the allowance of his will. In such probate court:
case, the pertinent provisions of the Rules of Court for the 1) Questions of identity
allowance of wills after the testator's death shall govern. i 2) Due Execution
The Supreme Court shall formulate such additional Rules
of Court as may be necessary for the allowance of wills on
3) Question as to the testamentary capacity
petition of the testator.
Subject to the right of appeal, the allowance of the will, PROBATE OF PROBATE OF
either during the lifetime of the testator or after his death, HOLOGRAPHIC WILL NOTARIAL WILL
shall be conclusive as to its due execution. (n) In the probate of In the probate of
holographic wills, if there notarial wills, when there
• Probate is the act or process of proving before is no contest, it is enough is no contest, at least 1
a competent court the due execution of an that at least 1 witness subscribing witness
instrument purported to be the last will and explicitly declares that should testify as to the
testament of a deceased for its allowance by the the will is in the execution of the will.
said court, that is, for its official recognition and the handwriting and When there it is
carrying out of its provision in so far as they are in signature of the testator. contested, ALL of the
accordance with law. When the will is subscribing witnesses
contested, there must be plus the notary public
• A probate proceeding is a special proceeding.
at least 3 of witnesses. must testify. If all of the
It is a proceeding in rem.
In the absence of such subscribing witnesses
• In a probate proceeding, the inquiry as a witnesses, expert and the notary public are:
General Rule is limited only to the EXTRINSIC testimony may be 1.dead;
VALIDITY of the will resorted to or even if 2.insane; or
• Extrinsic validity means: there is no contest, still 3.they are all absent in
1. whether or not the testator was of expert testimony may be the Philippines or
sound mind when he executed the will resorted to. 4.testify against the due
execution of the will; or
2. whether or not he is 18 years or above
5.they do not remember
3. whether or not the will complied with having attested the
the formalities under Articles 804-809 with execution of the will; or
respect to notarial will 6.they are of doubtful
4. whether or not the will is entirely credibility
written, dated and signed in the handwriting of then, other witnesses
the testator with respect to holographic will may be resorted to.
• The rule on ESTOPPEL and the STATUTE OF
LIMITATION do not apply in probate
• Probate is MANDATORY LOST/DESTROYED LOST/DESTROYED
• Extrajudicial Settlement is NOT allowed when HOLOGRAPHIC WILL NOTARIAL WILL
there is a will When it comes to a In notarial wills, even if
holographic will, there there is no copy, the
must be a photocopy or notarial will may be SECTION 2
carbon copy of the probated because the Institution of Heir
holographic will. If there contents of a notarial will
is no copy of the may be proved by the ARTICLE 840. Institution of heir is an act by virtue of
holographic will, even if testimonies of at least 2 which a testator designates in his will the person or persons
the reason why the witnesses to clearly and who are to succeed him in his property and transmissible
holographic will was lost distinctly proved the rights and obligations. (n)
or destroyed was due to contents of the notarial
the act of another person will. • Institution refers to the free portion
without intent to revoke
on the part of the NB: As long as there is no Characteristics of an instituted heir?
testator still, no probate animus revocandi on the 1. The instituted heir constitutes the relation of the
of the holographic will part of the testator. personality, to continue the personality of the
may be allowed because testator but only in relation to the inheritance without
there is no copy. being personally liable for the death of the testator.
2. The instituted heir acquires the right limited to
ARTICLE 839. The will shall be disallowed in any of the the disposable portion and he cannot impair the
following cases: legitime.
(1) If the formalities required by law have not been complied
with; Requisites for an institution to be valid:
(2) If the testator was insane, or otherwise mentally
incapable of making a will, at the time of its execution;
1. The will must be extrinsically valid
(3) If it was executed through force or under duress, or the 2. The institution must be intrinsically valid
influence of fear, or threats; 3. The institution must be effective
(4) If it was procured by undue and improper pressure and
influence, on the part of the beneficiary or of some other
ARTICLE 841. A will shall be valid even though it should
person;
not contain an institution of an heir, or such institution
(5) If the signature of the testator was procured by fraud;
should not comprise the entire estate, and even though the
(6) If the testator acted by mistake or did not intend that the
person so instituted should not accept the inheritance or
instrument he signed should be his will at the time of affixing
should be incapacitated to succeed.
his signature thereto. (n)
In such cases the testamentary dispositions made in
accordance with law shall be complied with and the
• These grounds are exclusive. However, remainder of the estate shall pass to the legal heirs. (764)
despite the exclusivity given, it seems that there
are other grounds which are minority, revocation • A will is valid even though it does not contain an
and forgery. institution of an heir
• Such institution should not comprise the entire
1st ground: estate
• In case of notarial wills, formalities under • Even though the person so instituted should not
Articles 804-809 accept the inheritance or should be incapacitated
• In case of holographic wills it must be: to succeed
a. entirely written, signed and dated in ARTICLE 842. One who has no compulsory heirs may
the handwriting of the testator dispose by will of all his estate or any part of it in favor of
b. in the language known to the testator any person having capacity to succeed.
c. must be executed at the time when One who has compulsory heirs may dispose of his
holographic wills are allowed estate provided he does not contravene the provisions of
2nd ground: this Code with regard to the legitime of said heirs. (763a)
• This ground refers to the soundness of

mind of the testator at the time of execution of the • This article is called the freedom of disposition
will • But this freedom of disposition is not absolute
3rd ground: because when there are compulsory heirs, the
• This connotes the idea of coercion, mental testator has to observe the portion pertaining to
or physical the compulsory heirs
4th ground:
• Undue Influence connotes the idea of ARTICLE 843. The testator shall designate the heir by his
name and surname, and when there are two persons having
coercion by virtue of which the judgment of the the same names, he shall indicate some circumstance by
testator is displaced, and he is induced to do that which the instituted heir may be known.
which he otherwise would not have done. Even though the testator may have omitted the name
5th ground: of the heir, should he designate him in such manner that
there can be no doubt as to who has been instituted, the
• Fraud is the use of insidious words or institution shall be valid. (772)
machinations to convince a person to do what
ordinarily he would not have done.
• The best way to designate the heir is by name or
• There is an intent to make a will
th surname
6 ground:
• Even if the name is omitted, the designation is
• The testator is acting because of his
still valid as long as such person can be identified
mistake and the testator has no intent to make a
• If there are 2 or more 2 persons instituted and
will
they have the same name or corresponds to the
• There is no intent to make a will
same description, Article 789 can be applied:
REVOCATION DISALLOWANCE
ARTICLE 789. When there is an imperfect
A voluntary act of the Given by judicial order description, or when no person or property
testator. exactly answers the description, mistakes
May be with or without Must always be for legal a and omissions must be corrected, if the
cause. cause. error appears from the context of the will or
May be partial or total. Always total. from extrinsic evidence, excluding the oral
declarations of the testator as to his intention;
and when an uncertainty arises upon the face
• Remember that brothers and sisters are not
compulsory heirs although they are legal heirs
of the will, as to the application of any of its
provisions, the testator's intention is to be • When the testator institutes his brothers and
ascertained from the words of the will, taking sisters whether or full blood or half blood they are
into consideration the circumstances under deemed to have been instituted equally
which it was made, excluding such oral
declarations. (n) INTESTATE TESTATE SUCCESSION
SUCCESSION
ARTICLE 844. An error in the name, surname, or The shares of the There is NO such
circumstances of the heir shall not vitiate the institution when brothers or sisters of the presumption.
it is possible, in any other manner, to know with certainty the full blood, is twice as
person instituted.
If among persons having the same names and surnames,
much as those of the half
there is a similarity of circumstances in such a way that, even blood. So here there is a
with the use of other proof, the person instituted cannot be presumption that the
identified, none of them shall be an heir. (773a) affection of the testator
for the brothers and
sisters of the full blood is
• Article 843 mentions omissions. Article 844
greater than those of the
mentions errors.
half blood
• Errors in the name, surname or circumstances
would not matter as long as ultimately the court ARTICLE 849. When the testator calls to the succession
can identify who are really the heirs intended by a person and his children they are all deemed to have been
the testator instituted simultaneously and not successively. (771)
• Any manner maybe resorted to determine the
person instituted except oral declaration made by • This article is known as the PRINCIPLE OF
the testator SIMULTANEITY
ARTICLE 845. Every disposition in favor of an unknown • There is only a presumption. There is nothing
person shall be void, unless by some event or circumstance which can prevent the testator from providing in
his identity becomes certain. However, a disposition in favor of his will that the institution shall be successive and
a definite class or group of persons shall be valid. (750a) not simultaneous.
• An unknown person is one that cannot be ARTICLE 850. The statement of a false cause for the
institution of an heir shall be considered as not written,
identified. He is not necessarily a stranger unless it appears from the will that the testator would not
• A disposition in favor of an unknown person who have made such institution if he had known the falsity of
cannot be identified cannot be given effect such cause. (767a)
ARTICLE 846. Heirs instituted without designation of GENERAL RULE: The statement of a false cause for
shares shall inherit in equal parts. (765) the institution of an heir shall not vitiate the
institution. The false cause shall always be
considered as not written.
• Article 846 refers to PRINCIPLE OF EQUALITY The law presumes that in giving a legacy or
• It is presumed that the testator intended to give devise or inheritance, the real motivation or the real
equal shares to the heirs instituted. Otherwise, he cause is the liberality or generosity of the testator not
would have specifically mentioned the shares of the he false cause.
heirs had he intended that each heir shall get EXCEPTION: Unless it appears from the will that the
different portion or unequal portions testator would not have made such institution if he
had known the falsity of such cause.
GENERAL RULE: Heirs instituted without designation of
shares shall inherit in equal parts. • According to some authorities in succession, the
EXCEPTION: Article 846 cannot apply when there are statement of Illegal cause for the institution will
compulsory heirs. not invalidate the institution. The illegal cause is
deemed not written.
ARTICLE 847. When the testator institutes some heirs
individually and others collectively as when he says, "I
ARTICLE 851. If the testator has instituted only one heir,
designate as my heirs A and B, and the children of C," those
and the institution is limited to an aliquot part of the
collectively designated shall be considered as individually
inheritance, legal succession takes place with respect to the
instituted, unless it clearly appears that the intention of the
remainder of the estate.
testator was otherwise. (769a)
The same rule applies, if the testator has instituted
several heirs each being limited to an aliquot part, and all
• This article refers to the PRINCIPLE OF the parts do not cover the whole inheritance. (n)
INDIVIDUALITY
• As long as the intention to have the estate • Aliquot part means a fraction or undivided
collectively distributed does not appear in the will, interest
the presumption is individual institution • Article 851 should be applied when there is NO
• When there are compulsory heirs, you have to first INTENTION on the part of the testator to give the
satisfy the portion pertaining to the legitime of the remaining part of the estate. So, only the specific
compulsory heirs. portions mentioned.
• INSTITUTION refers to FREE PORTION
ARTICLE 852. If it was the intention of the testator that
ARTICLE 848. If the testator should institute his brothers the instituted heirs should become sole heirs to the whole
and sisters, and he has some of full blood and others of half estate, or the whole free portion, as the case may be, and
blood, the inheritance shall be distributed equally unless a each of them has been instituted to an aliquot part of the
different intention appears. (770a) inheritance and their aliquot parts together do not cover the
whole inheritance, or the whole free portion, each part shall
be increased proportionally. (n)
• In Article 852, the intention of the testator is to give If the omitted compulsory heirs should die before the
testator, the institution shall be effectual, without prejudice
the entire estate to the instituted heir or heirs but to the right of representation. (814a)
the shares given to the instituted heirs when added
do not comprise the entirety of the estate
• PRETERITION is the total omission generally due
Problem1 to mistake or oversight by the testator in his will
Q: A, B and C are instituted as heirs: A = 1/4, B = 1/4 and C = of one, some or all of the compulsory heirs in the
1/4. The testator says that he is giving the entire estate to A, B direct line living at the time of the testator’s
and C. The estate is worth P120,000. Does the institution death.
comprise the entire estate? No, because the institution only
• The omission may be voluntary or involuntary
amounts to 3/4. How do we divide the estate among A, B and
C?
Requisites of Preterition
A: A = P30,000 1. The omission from the inheritance must be total
B = P30,000 or complete
C = P30,000 • No preterition in the following situations:
------------- a. If the compulsory heir is given a
P90,000
devise or a legacy, he is not
P120,000 - 90,000 = P30,000 considered preterited even if the
P30,000 / 3 = P10,000 legacy or devise is worth less than
the legitime of the compulsory heirs.
Total share of: b. If the estate is worth P100T but the
A = P30,000 + 10,000 = P40,000 testator says, “I hereby institute my
B = P30,000 + 10,000 = P40,000 heir to one-half of my estate.” That is
C = P30,000 + 10,000 = P40,000 the only provision in the will. For
------------
P120,000
example, A is a son, an heir. There is
no preterition even if A is not
Problem2 mentioned because something is
Q: A = 1/6, B = 1/8, C = 2/3. The estate is worth P120,000. being left for A in the inheritance.
c. As long as there is still a balance after
A: A = (P120,000 / 6) * 1 = P20,000 all the provisions in the will have
B = (P120,000 / 8) * 1 = P15,000 been given effect, there are still
C = (P120,000 / 3) * 2 = P80,000
undisposed properties which the
-------------
P115,000 omitted compulsory heir may partake
so there is no preterition.
A = (20,000 / 115,000) * 5,000 = P 869.565 2. The omission must be the compulsory heir in the
B = (15,000 / 115,000) * 5,000 = P 652.179 direct line
C = (80,000 / 115,000) * 5,000 = P3,478.826 • Compulsory heirs:
---------------- 1. The children whether legitimate
P5,000.00
or illegitimate
Total share of: 2. The parents in the absence of the
A = P20,000 + 869.565 = P20,869.565 children
B = P15,000 + 652.179 = P15,652.179 • A spouse is a compulsory
C = P80,000 + 3,478.862 = P83,478.862 heir but NOT in the direct line
------------------
P120,000.00 • By fiction of law, an
adopted child is a compulsory heir in
ARTICLE 853. If each of the instituted heirs has been given the direct line
an aliquot part of the inheritance, and the parts together 3. The omitted compulsory heir must survive the
exceed the whole inheritance, or the whole free portion, as the testator.
case may be, each part shall be reduced proportionally. (n)
• If the omitted heir died ahead of the testator,
• Article 853 is the reverse of Article 852 there is no preterition because by reason of his
early death, he is deemed not to have inherited
from the testator
Problem1
Q: A =1/4, B = 1/8, C = 2/3. The estate is worth P120,000. • However, the omitted compulsory heir dies ahead
and he has children who can represent him.
A: A = 1/4 * P120,000 = P30,000 There is representation wherein the
B = 1/8 * P120,000 = P15,000 representative is exalted to the position of the
C = 2/3 * P120,000 = P80,000
------------
one they are representing. In this case, there is
P125,000 preterition.
• If there was a donation given to the compulsory
A = (P30,000 / 125,000) * 5,000 = P1,200 heir during the lifetime of the testator, and such
B = (P15,000 / 125,000) * 5,000 = P600 heir is omitted from the will, there is no
C = (P80,000 / 125,000) * 5,000 = P3,200 preterition because he is not omitted from the
inheritance. There must be omission from the
Total share of:
A = P30,000 - 1,200 = P28,800
inheritance, not merely from the will.
B = P15,000 - 600 = P14,400 • The donations made to compulsory heirs during
C = P80,000 - 3,200 = P76,800 the lifetime of the testator, upon the death of the
------------- testator, the values of these donations are
P120,000
brought back to the value of the estate through
collation.
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 Effects of Preterition
the testator, shall annul the institution of heir; but the devises 1. It shall annul the institution of heir (Article
and legacies shall be valid insofar as they are not inofficious. 854)
2. The legacy or devise shall be valid in so far as other. (Fideicommissary substitution – Article
they are not inofficious (do not impair the 863)
legitime).
Purposes of substitution
ARTICLE 855. The share of a child or descendant omitted 1. To avoid intestate succession
in a will must first be taken from the part of the estate not 2. To prevent the descent of the estate
disposed of by the will, if any; if that is not sufficient, so much of the testator to whom the testator does not
as may be necessary must be taken proportionally from the want to succeed him in his property whether by
shares of the other compulsory heirs. (1080a)
right of representation, or by right of accretion or
by right of intestate succession
• Article 855 talks about the share of a child or 3. To allow the testator greater freedom
descendant omitted in the will. to help or reward those who by reasons of
• This article can also be applied when what is at services rendered are more worthy of his
hand is merely an impairment of the legitime, so, affection and deserving of his bounty than
you just have to complete the legitime. intestate heirs
4. To enable the testator to make
• Article 855 talks only of the legitime. It has no arrangements for his succession in the manner
concern of the Free Portion. most convenient for him
ARTICLE 856. A voluntary heir who dies before the testator
5. To realize some honorable purpose of
transmits nothing to his heirs. the testator like the maintenance of the property
A compulsory heir who dies before the testator, a person within his property because in substitution, the
incapacitated to succeed, and one who renounces the testator to some extent may preserve the
inheritance, shall transmit no right to his own heirs except in property within the confines of his own
cases expressly provided for in this Code. (766a) immediate family and prevent the estate from
descending to the other legal heirs like the
• The term voluntary heir here covers brothers or sisters
also legacies or devises. So, if a legacy or devise is
given, it transmits nothing to the heir of the • You can have a substitute for a legatee or
voluntary heir if the voluntary heir dies before the devisee because Article 857 applies to the free
testator portion and not to the legitime
GENERAL RULE: If a compulsory heir is predeceases, ARTICLE 858. Substitution of heirs may be:
is incapacitated or renounces or repudiates the (1) Simple or common;
(2) Brief or compendious;
inheritance, he transmits nothing to his own heirs.
(3) Reciprocal; or
EXCEPTION : Right of Representation (4) Fideicommissary. (n)
• This article speaks of an heir who

predeceased the testator, incapacity and one who • Simple or Common - Article 859
renounces the inheritance. But this article applies • Brief or Compendious –Article 860
by analogy to DISINHERITANCE. A compulsory heir
who is disinherited shall transmit no right to his • Reciprocal – Article 861
own heirs except when there is Right of • Fideicommissary – Article 863
Representation.
ARTICLE 859. The testator may designate one or more
SECTION 3 persons to substitute the heir or heirs instituted in case such
Substitution of Heirs heir or heirs should die before him, or should not wish, or
should be incapacitated to accept the inheritance.
A simple substitution, without a statement of the cases
ARTICLE 857. Substitution is the appointment of another
to which it refers, shall comprise the three mentioned in the
heir so that he may enter into the inheritance in default of the
preceding paragraph, unless the testator has otherwise
heir originally instituted. (n)
provided. (774)
• Article 857 speaks of substitution where there is

• The substitute inherits from testator, not from the
appointment of another heir in default of another
person substituted
heir instituted. If the first heir cannot inherit for
reasons provided for by law, then the testator may • Under Article 859, if the original heir dies ahead
appoint a substitute in place of the original heir. of the testator or renounces the inheritance or
The substitute will instead get the inheritance becomes incapacitated then the substitution shall
which should have pertained to the original heir be effective even if the disposition is silent as to
the cause of the substitution.
• In substitution, there are also instances wherein
both heirs, the original heir and the substitute • “Unless the testator has otherwise provide” :
inherit. That is covered by the case of what we call thus, the testator here is not precluded from
the FIDEICOMMISSARY SUBSTITUTION providing other causes other than predecease,
incapacity and renunciation
• As such, substitution is the appointment of
another heir so that he may enter into the • But if the disposition is silent, then it is presumed
inheritance in default of the heir originally that the 3 causes mentioned under Article 859
instituted or AFTER SUCH HEIR either one after the are the ones being referred to by the testator
other or all at the same time. • Substitution must be EXPRESSLY provided by the
testator. No presumption that there is
2 Concepts of Substitution: substitution.
1. Direct Substitution – only one inherits. If the
original heir defaults, then the substitutes Article 860. Two or more persons may be substituted for
inherit. (Article 857) one, and one person for two or more heirs.
2. Indirect Substitution – the inheritance is
assumed by 2 heirs. So, one inherits after the • Article 860 talks about Brief or Compendious
Substitution
• BRIEF SUBSTITUTION is when 2 or more persons • Fideicommissary substitution is an indirect

may be substituted for one heir (plurality of substitution, where both heirs inherit one after
substitutes) the other
• COMPENDIOUS SUBSTITUTION is when 2 or
more heirs are instituted and one is appointed as Example of a fideicommissary substitution:
substitute for all heirs originally instituted. (plurality The testator has 2 heirs A and B. A first
of persons substituted) succeeds to the property, first acquired or enjoyed
the property. But the enjoyment of A is subject to the
• But in compendious substitution, the substitute is condition that he should preserve the property and
for ALL the heirs. The substitute inherits if all the later on, upon conditions given by the testator, either
heirs die ahead of the testator, renounces the upon death or repudiation or upon certain period, A
inheritance or becomes incapacitated. will now transmit the property to B, the second heir.
• If only one dies, renounces or is incapacitated, the Both A and B enjoy the property. Although A here
concept of accretion is applied unless there are merely enjoy uses of the property, he is like a
representatives usufructuary because he cannot own the property
because of his obligation to transmit the property to
ARTICLE 861. If heirs instituted in unequal shares should B. Aside from enjoying the property, B also owns the
be reciprocally substituted, the substitute shall acquire the property with all the rights pertaining to an owner.
share of the heir who dies, renounces, or is incapacitated, Because of the obligation of A to preserve and
unless it clearly appears that the intention of the testator was transmit, A:
otherwise. If there are more than one substitute, they shall
have the same share in the substitution as in the institution.
1. cannot absolutely alienate the property inter
(779a) vivos or mortis causa
2. cannot make a will providing that the
properties is given to another person
• Article 861 refers to Reciprocal Substitution
where all the heirs are constituted as the Requisites of fideicommissary substitution:
substitutes of one another. 1. The fideicommissary substitution
• Example 1: If the share of A is P 30,000 and the must be expressly made
share of B is P 10,000, if A dies ahead of the How?
testator, B will get A’s share even if A’s share is a. By providing the name of the
greater than B, unless the testator EXPRESSLY fideicommissary substitute or that
provides that the substitution of B to the share of A this is a fideicommissary substitution
is only to the extent of the inheritance by B. b. By providing the obligation to
preserve and obligation to transmit
• Example 2: If there are more than 2 persons
instituted where the estate is P 300,000 and the 2. There must be a first heir (fiduciary,
heirs are A, B and C. A’s share is P 100,000, B’s fiduciaro, heredero or trustee)
share is P 50,000 and C’s share is P 150,000. If A • The first heir must have the
dies ahead of the testator, B and C shall have the capacity to inherit and has the obligation to
same share in substitution as in the institution. preserve and transmit the estate in whole or
Institution Substitution in part
Total
A (100T) TRUSTEE (TRUST) FIDUCIARY (FIRST
B P 50T 50/200 * 100T = P 25T P HEIR)
75T A trustee or a trust has A fiduciary, although he
C P150T 150/200 * 100T = P 75T no right to enjoy the has the obligation
P 225T property pertaining to a trustee in
a trust, he can enjoy the
ARTICLE 862. The substitute shall be subject to the same property
charges and conditions imposed upon the instituted heir,
unless the testator has expressly provided the contrary, or the
charges or conditions are personally applicable only to the heir
USUFRUCTUARY FIDUCIARY
instituted. (780) Required to furnish a bond The fiduciary is not
required to furnish a
GENERAL RULE: The substitute shall be subject to the bond or security.
same charges and conditions imposed upon the Not entitled to refund. Entitled to refund for
instituted heir. expenses and for the
EXCEPTIONS: increase in the value of
1. When the testator has expressly provided the the property by reason
contrary of its improvements
2. When the charges or conditions are only
personally applicable to the person instituted 3. There must be a second heir
(fideicommissary or fideicomisario or beneficiary
ARTICLE 863. A fideicommissary substitution by virtue or cestui que trust)
of which the fiduciary or first heir instituted is entrusted with
the obligation to preserve and to transmit to a second heir the
• The second heir receives the property
whole or part of the inheritance, shall be valid and shall take from the first heir but the 2nd heir actually
effect, provided such substitution does not go beyond one inherits from the testator, not from the first
degree from the heir originally instituted, and provided heir
further, that the fiduciary or first heir and the second heir are
living at the time of the death of the testator. (781a)
• The 2nd heir must be capacitated to
inherit from the testator. He must not die
ahead of the testator, must not be unworthy,
• Simple substitution, brief or compendious and must not repudiate the inheritance from
substitution and reciprocal substitution are the testator.
examples of direct substitution, where the
substitute inherits in default of the heir originally 4. The second heir must not be beyond one
instituted. Their enjoyment of the property is in the degree from the first heir or the heir
alternative. originally instituted
he should die before the fiduciary. The right of the second
2 views as to what “one degree” means: heir shall pass to his heirs. (784)
a. Some authorities before interpreted
one degree as one transfer.
• As long as the first heir and the second heir did
b. Later on, it was clarified that not predecease the testator, then, their rights
degree means generation. One degree means become vested upon the death of the testator
one generation apart. The 1st heir and the 2nd
heir must not be beyond one degree or one
• Whether the 2nd heir dies ahead or after the 1 st
heir, this would not defeat the right of the 2 nd heir
generation apart. You count one generation
to inherit.
from the first heir not from the testator. The 2 nd
heir must either be child or a parent of the first • If the 2nd heir dies ahead of the 1st heir, his rights
heir. shall pass to his own heirs
• The second heir can sell the property even if he
• There is only fideicommissary substitution still cannot enjoy the property because the
in natural persons usufruct still belongs to the 1st heir. This is
• There can be no fideicommissary because the second heir acquired his title as
substitution in juridical persons because there naked owner upon the death of the testator. But
is no generation to speak of when it comes to the buyer is also subject to the right of the first
juridical persons heir to enjoy the property.
5. Both of the 1st heir and the 2nd heir must be ARTICLE 867. The following shall not take effect:
living at the time of the death of the testator (1) Fideicommissary substitutions which are not made in an
or at least conceived. express manner, either by giving them this name, or
imposing upon the fiduciary the absolute obligation to
deliver the property to a second heir;
ARTICLE 41 NEW CIVIL CODE. For civil (2) Provisions which contain a perpetual prohibition to
purposes, the foetus is considered born if it is alive alienate, and even a temporary one, beyond the limit fixed
at the time it is completely delivered from the in Article 863;
mother's womb. However, if the foetus had an (3) Those which impose upon the heir the charge of paying
intra-uterine life of less than seven months, it is to various persons successively, beyond the limit prescribed
not deemed born if it dies within twenty-four hours in Article 863, a certain income or pension;
after its complete delivery from the maternal (4) Those which leave to a person the whole or part of the
womb. (30a) hereditary property in order that he may apply or invest the
same according to secret instructions communicated to him
by the testator. (785a)
(1) Fideicommissary substitutions which are not

ARTICLE 864. A fideicommissary substitution can never made in an express manner, either by giving
burden the legitime. (782a) them this name, or imposing upon the fiduciary
the absolute obligation to deliver the property to
• Legitime is imposed by law so the testator cannot a second heir
deprive his heirs of their legitime and he cannot • The fideicommissary substitution must be an
circumvent the law on legitime by imposing obligation. If it is just a suggestion or an
conditions, charges, burdens and substitutions advice, then that is not fideicommissary
upon the legitime substitution. When we say obligation, the heir
• The rights of the compulsory heirs to their legitime has no choice but to comply.
are absolute except when there is a cause for
disinheritance (2) Provisions which contain a perpetual prohibition
to alienate, and even a temporary one, beyond
• The fideicommissary substitution is only limited to
the limit fixed in article 863
the free portion
• Any perpetual prohibition on the fiduciary to
ARTICLE 865. Every fideicommissary substitution must be alienate the property is just okay because in
expressly made in order that it may be valid. the first place he is prohibited from alienating
The fiduciary shall be obliged to deliver the inheritance to the property
the second heir, without other deductions than those which
arise from legitimate expenses, credits and improvements, • If only for a period example 10 years, he is
save in the case where the testator has provided otherwise. prohibited from disposing the property for 10
(783) years but after 10 years he can alienate BUT
ONLY to the 2ND HEIR
Obligations of the fiduciary: • If the testator says in his will that he is
1. to preserve the property prohibiting his heirs from alienating the
2. to deliver the property to the 2nd heir property forever, it is void insofar as it
• If the institution is SILENT as to the date exceeds the 20th year. If it is up to 100 years,
when the delivery should be made, it should be it is valid only up to 20 years.
MADE AT THE TIME OF DEATH OF THE • Prohibition to alienate is only up to the first
FIDUCIARY or 1ST HEIR. If there is a period degree
stated by the testator, then, that period should
be followed. (3) Those which impose upon the heir the charge of
3. to make an inventory of the property paying to various persons successively, beyond
the limit prescribed in Article 863, a certain
Deductions the fiduciary can make out of the income or pension
property: • The successive payments shall only be
1. legitimate expenses limited to those heirs one degree from the
2. credits first heir
3. improvements • This paragraph applies if the obligation to pay
is successive, not simultaneous
ARTICLE 866. The second heir shall acquire a right to the
succession from the time of the testator's death, even though
(4) Those which leave to a person the whole or part of testator, the compulsory heirs are entitled to
the hereditary property in order that he may apply their legitimes
or invest the same according to secret instructions • Institution refers to the free portion
communicated to him by the testator
• This is not allowed because we do not know 4 Kinds of Institution:
what were the instructions made by the 1. Simple or Pure Institution – It is an
testator to such person institution that takes immediately after the death
of the testator. It is absolute and not subject to
ARTICLE 868. The nullity of the fideicommissary any condition, charge or burden.
substitution does not prejudice the validity of the institution of
the heirs first designated; the fideicommissary clause shall 2. Conditional Institution – It is an
simply be considered as not written. (786) institution which is subject to a condition. There
are different kinds of condition, e.g. as to cause,
as to effect, as to mode. Conditional institution
• If the fideicommissary substitution is not valid
can be found in Articles 871-877 and Articles 883-
because the obligation to preserve and transmit
884
were not expressly made or because the second
heir dies ahead of the testator, there is no more 3. Institution with a Term – It is an
fideicommissary substitution. The first heir will still institution that which is subject to a term which
get the property. It becomes a simple substitution. must necessarily come, although not known
when. An example is when the testator institutes
ARTICLE 869. A provision whereby the testator leaves to a A as an heir but A will only receive the
person the whole or part of the inheritance, and to another the inheritance 5 years after the death of the
usufruct, shall be valid. If he gives the usufruct to various testator. It is sure that A will receive the
persons, not simultaneously, but successively, the provisions inheritance but only upon the death of the
of article 863 shall apply. (787a) testator.
4. Modal Institution – It is an institution
• If the testator gives the usufruct to A and the naked
that which for a certain purpose or cause or that
ownership to B, this is valid
which is provided under Articles 882 and 883.
• If the testator gives the naked ownership to A and
to B and C the usufruct, remember in Property that
the usufruct in favor of as many persons who will • CONDITION in Obligations and Contracts is a
claim successively is not allowed future or uncertain event or a past event
• If the testator gives to A the naked ownership and unknown to the parties
the usufruct to B and when B dies, C will succeed B • CONDITION in Succession is a future or uncertain
to the usufruct and if C dies, D will succeed to the event or a past event unknown to the parties
usufruct, then, the transfer from B to C is valid. But upon which the acquisition or extinguishment of a
C to D is no longer valid because it is beyond the right under a testamentary disposition is made
limit under Article 863. If B, C and D are just subject
friends, from B to C and C to D, all are not valid • The condition must be express
because are not one degree.
• A TERM is a day or time which necessarily comes
• If he gives the usufruct to various persons although it may not be known when
successively, then, it will partake the nature of a
fideicommissary substitution. The heirs will be Kinds of Condition:
bound by the provisions of Article 863 insofar as 1. As to Cause
the degree is concerned.
a. Potestative Condition - the
• The first person who enjoys the usufruct and the fulfillment depends exclusively upon the will
second person enjoying the usufruct should not be of the heir, devisee or legatee.
beyond one degree, if we are talking of successive
enjoyment of property. b. Casual Condition - depends upon
chance or the will of a third person
• If it is simultaneous, we do not have to observe the
rules on fideicommissary substitution c. Mixed Condition - depends partly
upon the will of the heir and partly upon
chance or the will of a third person.
ARTICLE 870. The dispositions of the testator declaring all
or part of the estate inalienable for more than twenty years 2. As to Effect
are void. (n) a. Suspensive Condition - the
happening of which gives rise to the
• Article 870 provides the period within inheritance
which the testator may limit the disposition of his b. Resolutory Condition - the
property which is only up to 20 years only. happening of which extinguishes the right to
 If 20 years valid. the inheritance.
 If MORE than 20 years, what is void is merely 3. As to Mode
the excess. a. Positive Condition - to do
 If the prohibition is silent, it is considered as 20 something that would happen.
years. The same is true if the prohibition is b. Negative Condition - to do
forever. something that will not happen or that should
not be done.
SECTION 4
Conditional Testamentary Dispositions and 4. As to Form
Testamentary Dispositions With a Term a. Express Condition
b. Implied Condition
ARTICLE 871. The institution of an heir may be made
conditionally, or for a certain purpose or cause. (790a) 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
• There is no need of institution in the case of considered as not imposed. (813a)
legitime because regardless of the intention of the
• The legitime should not be impaired
• There is only one prohibition which can be imposed • Article 875 is what we call DISPOSITION
upon the legitime and that is, the testator can CAPTATORIA
validly provide that the legitime should not be • Disposition Captatoria is when the testator in
partitioned/divided for a period not exceeding 20 his will institutes A as his heir provided that A will
years. Although it is not really considered an also give the testator a certain property or give to
impairment because the properties are still the son of the testator certain property
properties of the compulsory heirs although they
shall not divide the properties for more than 20 • It is prohibited the controlling motive or the main
years. consideration in succession is the liberality of the
testator. If you make that kind of provision, then
ARTICLE 873. Impossible conditions and those contrary to you are making testamentary privilege as a
law or good customs shall be considered as not imposed and contractual privilege. You are turning your will
shall in no manner prejudice the heir, even if the testator into a contract.
should otherwise provide. (792a) • Both the institution and the condition are VOID
• If it is a Deed of Donation, there is no disposition
• Article 873 talks of impossible conditions imposed captatoria since the law refers to a will
in the institution of heirs
ARTICLE 876. Any purely potestative condition imposed
• In succession, when there is an impossible or illegal upon an heir must be fulfilled by him as soon as he learns of
condition then, the institution is still valid. Just the testator's death.
disregard the impossible or illegal condition. This is This rule shall not apply when the condition, already
because in succession, the underlying reason for complied with, cannot be fulfilled again.
the institution is the liberality of the testator and
not really the illegal or impossible condition. • POTESTATIVE CONDITION is the condition the
• The legality or illegality of the condition is to be fulfillment of which depends upon the sole will of
determined at the time when the condition is to be the debtor (in obligations and contracts) or of the
performed heir (succession)
ARTICLE 874. An absolute condition not to contract a first Potestative Condition Potestative Condition
or subsequent marriage shall be considered as not written
in Obligations and in Succession
unless such condition has been imposed on the widow or
widower by the deceased spouse, or by the latter's ascendants Contract
or descendants. Valid Valid because the heir is
Nevertheless, the right of usufruct, or an allowance or But when it is naturally interested in
some personal prestation may be devised or bequeathed to suspensive at the same fulfilling the condition.
any person for the time during which he or she should remain time on the part of the So even if potestative
unmarried or in widowhood. (793a) debtor, it is not valid. and suspensive, the
This means that the condition is still valid.
• Article 874 refers to the prohibition to marry or obligation will arise if
remarry subject to a condition
• RELATIVE PROHIBITION is allowed. But if this which is to be fulfilled by
would amount to an absolute prohibition like to the debtor. That is what
marry for 60 years then it is not allowed. An is potestative and
example is prohibition to marry or re-marry a suspensive. It is not valid
particular person or prohibited to marry a particular because naturally the
time debtor would not fulfill
the condition because if
• ABSOLUTE PROHIBITION is not allowed. An the condition is fulfilled
example is prohibition to marry or re-marry then he is obliged already
anybody or prohibited to marry at all because he is the debtor
• The effect of an absolute prohibition is that it will
be considered as not written and shall be • The potestative condition is to be complied with
disregarded as soon as the heir learns of the testator’s death
because since the will is revocable during the
Exceptions to Absolute Prohibition lifetime of the testator, it would be useless for the
a. When the condition is imposed heir to comply with the condition knowing that it
upon the spouse by a deceased spouse may be revoked by the testator anytime
b. If imposed by the ascendants or
descendants of a deceased spouse to the spouse of • Only substantial compliance is required because
a deceased spouse it is presumed that by imposing a purely
potestative condition the testator trusted the
heirs enough to comply with the condition
• Even if it is the deceased spouse who provides for
the prohibition, that prohibition will not apply to the • As a general rule, if already complied with by the
legitime of the spouse. Only that which pertains to heir, it must be complied with again unless it is of
her as a voluntary heir (free portion) is forfeited such a nature that it cannot be complied with
again
• In the 1st paragraph of Article 874, the property is ARTICLE 877. If the condition is casual or mixed, it shall
not yet enjoyed. In the 2nd paragraph, there is be sufficient if it happen or be fulfilled at any time before or
already the right of usufruct or allowance or some after the death of the testator, unless he has provided
personal prestation. That is allowed but it is only otherwise.
limited to usufruct, allowance or personal Should it have existed or should it have been fulfilled at
prestation. If it is not among these 3, it is not the time the will was executed and the testator was
considered as a valid prohibition. unaware thereof, it shall be deemed as complied with.
If he had knowledge thereof, the condition shall be
considered fulfilled only when it is of such a nature that it
ARTICLE 875. Any disposition made upon the condition can no longer exist or be complied with again. (796)
that the heir shall make some provision in his will in favor of
the testator or of any other person shall be void. (794a)
• Article 877 talks about casual or mixed condition • If the heir contravenes the condition, the heir will
• CASUAL CONDITION is a condition which depends now return what he or she received by way of
upon chance and/or upon the will of a third person inheritance and all the fruits and interest
• MIXED CONDITION is a condition which depends • When monthly allowance, monthly pension,
upon monthly income, usufruct or personal prestation
1. the will of the heir AND are given by way of inheritance and the heir is
upon chance; or prohibited from doing something, otherwise, he
shall forfeit the inheritance, there is no
2. the will of the heir AND requirement of giving a security. If the heir
upon the will of a 3rd person contravenes the condition, the heir is not obliged
• Example of a mixed and casual condition: “I to return the fruits and interest because in this
hereby give to A my jewelry provided that A will example we apply by analogy Article 874 wherein
bear a child” no security is required and the heir is not
required to return the fruits and interest.
• There must be actual or strict compliance because
by subordinating the condition upon chance, the
ARTICLE 880. If the heir be instituted under a suspensive
testator presumably did not trust the heir enough condition or term, the estate shall be placed under
administration until the condition is fulfilled, or until it
ARTICLE 878. A disposition with a suspensive term does becomes certain that it cannot be fulfilled, or until the
not prevent the instituted heir from acquiring his rights and arrival of the term.
transmitting them to his heirs even before the arrival of the The same shall be done if the heir does not give the
term. (799a) security required in the preceding article. (801a)
• Article 878 talks about suspensive term • Article 880 refers to a situation wherein the
• A term is a day certain which must necessarily institution is subject to a suspensive condition
come although it may not be known when or term
• When the disposition is subject to a suspensive • When the institution is subject to a suspensive
term, it means that the heir is sure to inherit but term or a suspensive condition, the heir instituted
the demandability of the inheritance is just will NOT get the inheritance right away. The heir
suspended. The heir is not prevented from instituted still will have to wait for the arrival of
acquiring his right when the institution is subject to the term or for the happening of the condition.
a suspensive term. The right of the instituted heir Pending the arrival of the term or the happening
becomes vested from the moment of the death of of the condition, the property but shall be placed
the testator, although the enjoyment of the under administration.
property is just suspended. What is suspended is • As to who will be selected as the administrator,
just the demandability of the inheritance but his the provisions of the Rules of Court in Special
right to demand becomes vested upon the moment Proceedings must be complied with. Those who
of death. are preferred in the appointment as
• In a suspensive condition, unless the condition is administrators are also the legal heirs.
fulfilled, the instituted heir acquires no right to the • The property is also placed under administration
inheritance. if is bond is not furnished
• In TERM, the rights will pass
ARTICLE 881. The appointment of the administrator of
• In CONDITION, until after the condition is fulfilled, the estate mentioned in the preceding article, as well as the
then the heir instituted has no right to demand. manner of the administration and the rights and obligations
• When institution is subject to a condition, the of the administrator shall be governed by the Rules of Court.
(804a)
acquisition of rights must be determined AT THE
TIME OF THE FULFILLMENT OF THE CONDITION. So,
at the time of the fulfillment of the condition when • This article speaks for the appointment of
the heir is already dead then, there is no right to administrator, which are discussed in Special
speak of. Proceedings
• The testator can institute can heir subject to a • Administrator is a person appointed by the
resolutory term because the law does not prohibit it court to take care of the properties of the testator
who died without a will
ARTICLE 879. If the potestative condition imposed upon
the heir is negative, or consists in not doing or not giving • Executor is the person provided by the testator
something, he shall comply by giving a security that he will in his will who will take care of his properties
not do or give that which has been prohibited by the testator, pending settlement of his estate
and that in case of contravention he will return whatever he
may have received, together with its fruits and interests. ARTICLE 882. The statement of the object of the
(800a) institution, or the application of the property left by the
testator, or the charge imposed by him, shall not be
• Article 879 talks of NEGATIVE POTESTATIVE considered as a condition unless it appears that such was
his intention.
CONDITION, a condition that is purely dependent That which has been left in this manner may be claimed
upon the will of the heir, devisee or legatee which at once provided that the instituted heir or his heirs give
consists of not doing or not giving something security for compliance with the wishes of the testator and
• Under this article, inheritance is immediately for the return of anything he or they may receive, together
demandable from the moment of death of the with its fruits and interests, if he or they should disregard
testator this obligation. (797a)
• But, the heir or devisee must give a caucion

muciana • Article 882 refers to MODAL INSTITUTION
(2001 Bar Question)
• CAUCION MUCIANA is the security given by an
heir who is subject to a potestative condition which • MODAL INSTITUTION is the institution wherein
is negative or who is subject to the condition which the statement of the object of the institution, or
consist in not doing or not giving something the application of the property left by the
testator, or the charge imposed by him, shall not be that other persons prevented him from fulfilling
considered as a condition unless it appears that his obligation.
such was his intention. • Example of constructive fulfillment is when a
• If the heir does not comply with the object or the third person cuts the hand of the heir so that
attestation and the purpose of the institution, the such heir cannot paint a portrait of the testator
heir forfeits the inheritance anymore.
• If the institution is subject to a mode, the heir ARTICLE 884. Conditions imposed by the testator upon
immediately enjoys the property the heirs shall be governed by the rules established for
• The heir is required to furnish a security so that he conditional obligations in all matters not provided for by this
Section. (791a)
will do what has been imposed by the testator
• If there is doubt as to whether the institution is a
mode or condition, it is resolved in favor of a mode • An example of the same rule on conditions
because we have to consider that the real reason in applied both to succession and obligations and
the institution is the liberality of the testator contracts is an institution subject to a resolutory
• According to Paras, if there is a doubt as to whether condition. Just like in obligations and contracts,
it is a mode or a suggestion, it is considered as a the heir immediately enjoys the property. But
suggestion because it is less burdensome upon the fulfillment of the resolutory condition
the heir ceases to enjoy the property. The
happening of the condition gives rise to the
MODE CONDITION
extinguishment of the right to the inheritance
This refers to: If it refers to other
a. t things, you can say that • If there are specific provisions in succession
he object of the they are conditions. referring to conditions and these conditions are
institution; not the same as in obligations and contracts, the
b. t provisions in succession shall prevail
he application of • In succession, an impossible condition shall be
the property; and considered as not written and so, the institution
c. c shall still be given effect.
harge • In obligations and contracts, if the obligation is
Heir immediately enjoys Heirs do not enjoy the subject to an impossible condition both the
the property upon the property after the death condition and the obligation are annulled
death of the testator, of the testator but only
provided he has furnished upon the fulfillment of ARTICLE 885. The designation of the day or time when
security the condition the effects of the institution of an heir shall commence or
It is obligatory upon the It is not obligatory upon cease shall be valid.
instituted heir and so, he the part of the heir In both cases, the legal heir shall be considered as
has to comply with the because the condition called to the succession until the arrival of the period or its
object of the institution or may or may not happen expiration. But in the first case he shall not enter into
possession of the property until after having given sufficient
the burden imposed by
security, with the intervention of the instituted heir. (805)
the testator. The failure
to do so would result in
the forfeiture of the • This article talks about an institution subject
inheritance to either a suspensive term or resolutory
When you are in doubt, But if the condition term
treat the same as a mode happens, the burden is • If it is subject to a suspensive term, the
because when there is a heavier because a demandability of the property inherited shall be
condition, the burden is condition obligates AND suspended until after the arrival of the term. If in
heavier. A mode merely suspends. the meantime the instituted heir dies before the
obligates but does not arrival of the term, his rights shall pass on to his
suspend. own heirs because the heir already acquired
rights to the property from the moment of death
ARTICLE 883. When without the fault of the heir, an although the demandability is just postponed.
institution referred to in the preceding article cannot take
effect in the exact manner stated by the testator, it shall be • If the institution is subject to a resolutory
complied with in a manner most analogous to and in term, immediately after the death of the
conformity with his wishes. testator, the heir enjoys the property and upon
If the person interested in the condition should prevent its arrival of the term the heir shall return the
fulfillment, without the fault of the heir, the condition shall be property.
deemed to have been complied with. (798a)
Instances wherein the legal heirs or the
• Article 883 talks about substantial compliance or instituted heirs are to give a security:
constructive fulfillment 1. When the institution is subject to a
• Without the fault of the heir instituted, the suspensive term, the legal heirs can enjoy the
obligation cannot be fulfilled by the heir exactly in property pending the arrival of the term
the manner stated by the testator. provided that the legal heirs shall give
• But as long as it is substantially in accordance with security (Article 885);
the obligation imposed then the institution will take 2. In modal institution, the heir instituted
effect. subject to a mode shall give security before
• Example of substantial compliance is when the heir the heir can enjoy the property (Article 882);
is obligated to paint a portrait of the testator but and
the portrait is not an exact resemblance of the 3. When the institution is subject to a negative
testator. Nevertheless, there is substantial potestative condition or consists in not doing
compliance. or not giving then the heir instituted must
• Even if the obligation cannot be fulfilled with, still, it also give a security which is called caucion
is as if it is fulfilled by constructive fulfillment. The muciana (Article 879).
instituted heir should not be prejudiced by the fact
SECTION 5 children, it is when the ascendants or parents
Legitime inherit. It is either the legitimate children or
descendants, parents or ascendants. They will
Simpler Table of Legitime (from the book of not concur.
Paras) • Illegitimate children concur with legitimate
children. They concur with the parents or
Illegitimate Children – 1/3 Illegitimate Parents – ½ ascendants. They concur with the surviving
Surviving Spouses – 1/3 spouse. Illegitimate children are concurring
Illegitimate children – ¼ Surviving Spouse – ½, compulsory heirs
Surviving Spouse – 1/8 1/3, ½ • Brothers and sisters are not compulsory heirs
Legitimate Parents – ½
Illegitimate Children – ¼ Legitimate Child alone – ARTICLE 888. The legitime of legitimate children and
Legitimate Parents – ½ ½ descendants consists of one-half of the hereditary estate of
Legitimate Parents – ½ 1 Legitimate Child – ½ the father and of the mother.
Surviving Spouse – ¼ Surviving spouse – ¼ The latter may freely dispose of the remaining half,
Illegitimate Parents – ¼ 2 or more legitimate subject to the rights of illegitimate children and of the
Surviving Spouse – ¼ children – ½ surviving spouse as hereinafter provided. (808a)
Surviving spouse - same
as 1 legitimate child • The legitime of legitimate children is ½ of the
Illegitimate Child alone – Legitimate Child – ½ net hereditary estate
½ Illegitimate child – ½ of • The legitime of the surviving spouse and
Legitimate Parents alone each legitimate child illegitimate children shall be taken from the free
–½ portion. What remains is the free disposal
• Tip: Compute first the legitime of the
ARTICLE 886. Legitime is that part of the testator's children before the spouse provided there are 2
property which he cannot dispose of because the law has or more legitimate children
reserved it for certain heirs who are, therefore, called
compulsory heirs. (806)
ARTICLE 889. The legitime of legitimate parents or
ascendants consists of one-half of the hereditary estates of
• When it comes to foreigners, the intrinsic their children and descendants.
validity of the will shall be governed by the national The children or descendants may freely dispose of the
other half, subject to the rights of illegitimate children and
law of the decedent. So, if in their country there is
of the surviving spouse as hereinafter provided. (809a)
no system of legitime, the will is still valid.
• Philippines follows a system of legitime
• The purpose of providing for legitimes is to
• The legitime of legitimate parents is ½ of the
net hereditary estate. It is the same because
protect the compulsory heirs of the testator
legitimate parents inherit in the absence of
because the testator by his passion, prejudice
legitimate children.
might just omit his compulsory heirs.
• If the parents are legitimate, they are
ARTICLE 887. The following are compulsory heirs: excluded only by the presence of legitimate
(1) Legitimate children and descendants, with respect to their children. They concur with illegitimate children.
legitimate parents and ascendants; • But if the parents or ascendants are
(2) In default of the foregoing, legitimate parents and illegitimate, they are excluded even by the
ascendants, with respect to their legitimate children and
presence of illegitimate children or descendants.
descendants;
(3) The widow or widower;
(4) Acknowledged natural children, and natural children by ARTICLE 890. The legitime reserved for the legitimate
legal fiction; parents shall be divided between them equally; if one of the
(5) Other illegitimate children referred to in article 287. parents should have died, the whole shall pass to the
Compulsory heirs mentioned in Nos. 3, 4 and 5 are not survivor.
excluded by those in Nos. 1 and 2; neither do they exclude If the testator leaves neither father nor mother, but is
one another. survived by ascendants of equal degree of the paternal and
In all cases of illegitimate children, their filiation must be maternal lines, the legitime shall be divided equally
duly proved. between both lines. If the ascendants should be of different
The father or mother of illegitimate children of the three degrees, it shall pertain entirely to the ones nearest in
classes mentioned, shall inherit from them in the manner and degree of either line. (810)
to the extent established by this Code. (807a)
• This is the inheritance of the parents or
• This has been already qualified by the Family ascendants
Code because the Family code does not mention • Observe the rule on proximity – the nearer
acknowledged natural children or natural children relatives exclude those who are farther
by legal fiction. We only have legitimate children • In the ascending line, there is no right of
and illegitimate children. representation
• Article 887 enumerate who are the • Always remember to divide equally between
compulsory heirs the maternal side and the paternal side
• The word compulsory means that the testator
cannot deprive the heir of their share but the heir
ARTICLE 891. The ascendant who inherits from his
has the liberty whether or not to accept the
descendant any property which the latter may have
inheritance. It is not compulsory upon the heirs to acquired by gratuitous title from another ascendant, or a
accept but is compulsory upon the testator to brother or sister, is obliged to reserve such property as he
provide something for his heirs. may have acquired by operation of law for the benefit of
• The primary compulsory heirs the legitimate relatives who are within the third degree and who belong to
the line from which said property came. (871)
children, widow or widower, and illegitimate
children. They inherit all at the same time. They
concur with each other. • Article 891 talks about RESERVA TRONCAL
• The legitimate parents are secondary
compulsory heirs. In the absence of legitimate
• The purpose of reserve troncal is to prevent the • The reservor is not merely a usufructuary.
property of one family from falling into the hands of He is the full owner of the property. He can
another family alienate, donate or pledge the property. He owns
• The concepts of reserve troncal is to return the the property but his ownership is subject to a
property from where it originally came from RESOLUTORY CONDITION. Upon the happening of
• The concept of reserva troncal is actually a the resolutory condition, the ownership of the
burden or restriction or a charge on the legitime of reservor will be extinguished.
the ascendant. • The resolutory condition is that upon the
death of the reservor, there must be reservees or
Parties involved in Reserva Troncal: relatives of the descendant propositus who are
1. Origin of the property LIVING AND WITHIN THE 3RD DEGREE OF
2. Propositus CONSANGUINITY from the descendant propositus.
3 Reservor or reservista Upon the happening of this resolutory condition,
4. Reservees or reservatorios the ownership of the reservor is extinguished.
Origin Reservor • But the disposition again is also subject to the

Reservees resolutory condition that upon the death of the
reservor (ascendant), if there are living
reservees, then the effect of the alienation
becomes ineffective.
Propositus • If the reservor sold the property to a third
person, the obligation of the reservor, if it is a
ORIGIN personal property, is not to return but the estate
• The origin must be a legitimate relative, either of the reservor must pay the value to the
the legitimate mother or father or ascendant or reservees.
legitimate half-brother or half-sister • If what was sold was a real property, if the 3 rd
• It cannot be full blood brothers and sisters party is NOT innocent, as such that he knows that
because there would be no distinction as to the the property is subject to the reserve troncal,
line. then that 3rd party is obliged to return the
properties to the reservees.
• The property transferred from the origin to the
propositus must be OWNED by the origin • But if the 3rd party is an innocent purchaser or
innocent mortgagor, then the right of the
PROPOSITUS reservees consists of demanding payment from
• The propositus must be a descendant of the the estate of the reservor or demanding payment
from the Assurance Fund under the Land
origin or of the half brother or half sister. It must be
Registration Authority.
a legitimate relationship.
• The transfer from the origin to the propositus
• Obligations of the reservor during the
subsistence of the reserve:
should be by gratuitous title, which is either the
origin donated the property to the propositus or the 1. The reservor must make an inventory of the
propositus inherited the property from the origin. property received by operation of law from
the descendant;
• The propositus, there being no obligation to
2. He must register the inventory with the
reserve yet on his part, can just dispose the
Registry of Property;
property to anybody. He can use the property or he
can destroy the property. That is why the 3. If the property received from the descendant
propositus is called the ARBITER of the reserve is Real property, then the reservor has the
because it is within the hands of the propositus obligation to furnish a bond, mortgage or
whether or not the reserve will arise. If the security to insure the safe delivery of the
propositus will destroy the property, then reserva property to the reservees who might be living
troncal cannot arise. If the propositus reserves the at the time of the death of the reservor;
property until his death, then reserve troncal may 4. If the real property is already registered, then
arise. If the propositus has children of his own, the reservor is obliged to annotate the
then reserve troncal cannot arise. reserve. He must do this within 90 days from
• Upon the death of the propositus, the obligation the time he received the property from the
to reserve will now arise. The propositus died with descendant or from the time the court makes
no issues and no children, then, the same property a decision that the reservor is entitled to
received from the origin is transferred to the receive the property. If the reservor does not
reservor (ascendant) by OPERATION OF LAW. make the annotation, then the reservees
have the right to file an action to compel the
• When the propositus died with a will, what is reservor to make the annotation but they
transferred by operation of law is the portion must wait after the lapse of 90 days. The
corresponding to the legitime of the reservor. If annotation itself is sufficient protection or if
there is NO will, the entire property is transmitted there is no annotation, bond, security, or
to the reservor by operation of law. mortgage must be furnished.
• The very same property received by the 5. The reservor also must not substitute the
propositus from the origin must be the same property with another. The same property
property transferred to the reservor received from the origin and from the
• If the origin (ascendant) left an insurance policy descendant must be same properties to be
where the propositus was the beneficiary, there is given to the reservees
no reserve if the cash received by the propositus Exceptions:
was inherited by his mother because the proceeds 1. If the property is sold to the innocent
from the insurance policy were not received by the purchaser for value, in effect the
propositus from the origin but from the insurance obligation of the reservor is substituted
company. with the obligation to pay money to
reserve;
RESERVOR
2. If the property is lost or destroyed without

the fault of the reservor, then the obligation • Reserva troncal determines only a class of
is extinguished. relatives who would be entitled to the property
after the death of the testator. But as to who will
• The reservees may intervene in the specifically be entitled to the property, follow the
land registration proceeding not for the purpose of rule on legal or intestate succession
opposing the registration but for the purpose of
• In legal or intestate succession, the nearer
having their claim to the reserva being annotated
relatives exclude the farther. Those who are in
to the title
the descending line are favored than those who
• If the reservees did not intervene in the are in the ascending line. And those who are in
said proceedings, within 1 year, they can file for a the direct line are favored other than those who
review of decree of registration so that they can are in the collateral line.
cause the annotation thereof. But they can no
longer do so beyond the 1-year period if the The obligation of the reservor’s estate upon his
purchaser is innocent. If the purchaser is not death if the property deteriorates includes:
innocent, the 1-year period does not apply. The 1. reimburse the reservees for the value of the
purchaser may still be obliged to return the deterioration from the security furnished by
property because knowledge is equivalent to the reservor; or
registration. 2. claim reimbursement from the estate of the
reservor.
RESERVEES
• Reservees are 3rd degree relatives of the 2 theories on the value of the reserva:
propositus. 1. Under the theory of RESERVA MAXIMA, all
• Upon the death of the reservor, if there are still that can be embraced or included in the legitime
relatives within the 3rd degree of the propositus shall be considered as reservable property.
who are still living, then the ownership of the 2. Under the theory of RESERVA MINIMA, only
reservor is extinguished and the property will now HALF of the property received from the origin to
go to the reservees. the descendant is transferred to the ascendant
• The reservees inherit from the propositus, not reservor as legitime.
from the reservor. The reservor is actually a
conditional heir of the propositus. Example: Propositus inherits a land worth P500,000.
• The reservees already have rights to the Upon his death, he also has P 1M worth of properties
property but their inheritance is subject to the aside from the P 500,000.The descendant propositus
condition that they must be living at the time of the has no issues and thus, all his properties will go to his
death of the reservor. father (ascendant). The descendant made a will
giving all his properties to his father. If the father has
• During the lifetime of the reservor the no other properties, how much should be the value of
reservees can compel the reservor to furnish bond, the properties came from the propositus should the
security, mortgage or to annotate the reserva reservor (father) reserve in favor of the reservees?
because they already inherit such property
although conditional. But the right of action of the • The legitime of the ascendant is P750,000,
reservees commences only from the death of the which is from P 1.5 M divided by 2. Under the
reservor. As long as the reservor is alive, if the theory of reserve maxima, the reservable
reservor sells the property to the 3rd person, the property is that which can be embraced in the
reservees cannot impugn the sale made by the legitime. As such, the entire P 500,000 is
reservor. They only have the right to demand that reservable because it can be embraced in the
the reservor annotate the reserva or that the whole legitime worth P 750,000. Out of the
reservor give security, bond or mortgage. legitime, P 500,000 is reservable and P
• Reservees can sell the property themselves 250,000 is property owned by the descendant.
even if the reservor is still alive. • Under the theory of reserva minima, only
• This is not a case of future inheritance because half of the property received from the origin to
the reservees inherit not from the reservor but from the descendant is reservable. So, half of P
the propositus. This is a case of sale of future 500,000 and half of P 1M will be part of the
property or emptio rei speratae. The sale of future legitime, which is equal to P 750,000. Thus, the
property is valid subject to the condition that it reservable property is only P 250,000, which is
should exist. half of the property received from the origin to
the descendant.
ARTICLE 1461 NEW CIVIL CODE. Things having a
potential existence may be the object of the Example: Propositus inherits a land worth P 1M.
contract of sale. Upon his death, he also has P 500,00 worth of
The efficacy of the sale of a mere hope or properties aside from the P 1M.The descendant
expectancy is deemed subject to the condition that propositus has no issues and thus, all his properties
the thing will come into existence. will go to his father (ascendant). The descendant
The sale of a vain hope or expectancy is void. made a will giving all his properties to his father. If
(n) the father has no other properties, how much should
be the value of the properties came from the
How to know that a relative is within 1st, 2nd or 3rd propositus should the reservor (father) reserve in
degree? favor of the reservees?
1st degree: parents,
2nd degree: grandparents, brothers and sisters • The legitime of the ascendant is P750,000,
3rd degree: great grandparents, uncles and which is from P 1.5 M divided by 2. Under the
aunts, nephews and nieces theory of reserve maxima, the reservable
property is that which can be embraced in the
legitime. As such, only P 750,000 is reservable
• Collateral relatives are uncles & aunts, because it is only up to such amount that can be
brothers & sisters, nephews & nieces embraced in the whole legitime worth P 750,000.
• Relatives in the direct line are parents,
grandparents and the great grandparents
• Under the theory of reserva minima, only half fulfillment of the condition. Since there is no will,
of the property received from the origin to the then, the reservees inherit by virtue of intestate
descendant is reservable. So, half of P 1M and half succession, the decedent being the propositus. The
of P 500,00 will be part of the legitime, which is inheritance of the reservees are delayed.
equal to P 750,000. Thus, the reservable property is
only P 500,000, which is half of the property ARTICLE 892. If only one legitimate child or descendant
of the deceased survives, the widow or widower shall be
received from the origin to the descendant. 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.
• The reserva maxima theory is more in keeping If there are two or more legitimate children or
with Article 891. Reserva minima is more in descendants, the surviving spouse shall be entitled to a
keeping with equity and justice. What is followed portion equal to the legitime of each of the legitimate
is reserva minima. 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
If there is no will: the testator. (834a)
• The entire property which came from the other
ascendant is reservable because the entire
property was transferred to the ascendant by • If there is only one legitimate child, the
operation of law because there is no will. So, the legitime of the surviving spouse would be ¼ of
entire P 500,000 is reservable from the first the net hereditary estate to be taken from the
example and the entire P 1M is reservable from the free portion
second example if there was no will. • The guilty spouse shall be disqualified from
• When there is a will, only that part which inheriting from the innocent spouse but the
corresponds to the legitime is transferred by innocent spouse can still inherit from the guilty
operation of law. spouse.
• But if there is no will then everything is • If there are 2 or more legitimate children, the
reservable surviving spouse can inherit from the deceased
even if there was legal separation and the
How is reserva maxima extinguished? deceased spouse gave cause for the legal
separation
1. Upon the death of reservoir
2. Upon the death of ALL the would-be reservees ARTICLE 893. If the testator leaves no legitimate
ahead of the reservoir descendants, but leaves legitimate ascendants, the
3. Upon the loss of the reservable properties surviving spouse shall have a right to one-fourth of the
hereditary estate.
without the fault or negligence of the reservoir
This fourth shall be taken from the free portion of the
4. Upon prescription – Adverse possession as estate. (836a)
against reservees by the reservoir or a stranger of
the reservable property as free from reserva for 30
years if it is a real property and 8 years if it is a
• In here, the surviving spouse concurs with the
legitimate ascendants. There are no legitimate
personal property. In order for prescription to run,
children
the fact that the reservor repudiates or hold the
property free from the reserva must be • The share of the legitimate ascendant is one-
communicated to the reservees, the reservees half. The share of the surviving spouse is ¼ to be
must know that the reservor is holding the property taken from the free portion
as free from the reserva otherwise there will be no • In order to memorize effectively, you have to
prescription. memorize first the share of the surviving spouse.
5. Upon registration under the Torrens System as
free from the reservation. ARTICLE 894. If the testator leaves illegitimate children,
the surviving spouse shall be entitled to one-third of the
6. Upon renunciation or waiver by ALL reservees hereditary estate of the deceased and the illegitimate
AFTER the death of the reservoir children to another third. The remaining third shall be at the
free disposal of the testator. (n)
• Reservable property is not extinguished by the
government. It will just continue on the indemnity • In this scenario, the survivors are the spouse
or just compensation and the illegitimate children.
• If the reservable property is insured and then, • The share would be 1/3 each. The remaining
destroyed, there is reserve on the insurance 1/3 would be the free portion.
indemnity or proceeds thereof • The share of the surviving spouse is not taken
from the free portion
Bar Question: What do you understand by the • The legitimes of the legitimate children and
DELAYED INTESTACY THEORY? the legitimate parents would always be ½
This is the theory that is applied in RESERVA • The legitimes of the surviving spouse and the
TRONCAL. Remember, in RESERVA TRONCAL, the illegitimate children may vary.
reservor inherits from the propositus. The reservee
also inherit from the propositus.
ARTICLE 895. The legitime of each of the acknowledged
However, the inheritance by the reservee from the natural children and each of the natural children by legal
propositus is delayed until after the death of the fiction shall consist of one-half of the legitime of each of the
reservor. The inheritance of the reservee from the legitimate children or descendants.
propositus is by virtue of legal or intestate succession. The legitime of an illegitimate child who is neither an
Remember, even if the propositus dies testate or with a acknowledged natural, nor a natural child by legal fiction,
will, that only refers to the inheritance of the reservor. shall be equal in every case to four-fifths of the legitime of
But, with respect to the reservee, what governs is the an acknowledged natural child.
The legitime of the illegitimate children shall be taken
law on legal or intestate succession. from the portion of the estate at the free disposal of the
That is the concept of DELAYED INTESTACY – when testator, provided that in no case shall the total legitime of
the resolutory condition of the reservor is fulfilled, the such illegitimate children exceed that free portion, and that
properties are distributed to the reservees as if they the legitime of the surviving spouse must first be fully
are inheriting from the propositus at the time of the satisfied. (840a)
legitime of the surviving spouse as the sole heir shall be
• Note that under the Family Code, there are no
one-third of the hereditary estate, except when they have
been living as husband and wife for more than five years. In
longer acknowledged natural, natural child by legal the latter case, the legitime of the surviving spouse shall be
fiction. We only have legitimate or illegitimate that specified in the preceding paragraph. (n)
children.
• With respect to illegitimate children, they are • The only survivor here is the spouse
entitled to one-half of the share of one legitimate
child GENERAL RULE: The spouse shall be entitled to ½ of
• In the distribution of legitimes, you first have to the net hereditary estate if he/she is the only
satisfy the legitime of legitimate children and then, survivor.
the surviving spouse which should be taken from EXCEPTION: The spouse shall be entitled to 1/3 if:
the free portion. And whatever remains, divide it 1. The marriage was
equally among the illegitimate children celebrated in articulo mortis and
2. the other spouse died
ARTICLE 896. Illegitimate children who may survive with within 3 months from the celebration of the
legitimate parents or ascendants of the deceased shall be marriage
entitled to one-fourth of the hereditary estate to be taken from
the portion at the free disposal of the testator. (841a)
• The spouse who is at the point of death
during the marriage must be the one who
should die
• In this scenario, the illegitimate children survive
with the legitimate parents of the testator • The cause of death must be the very same
• ½ to the parents and ¼ to the illegitimate reason why the marriage was in articulo
children mortis
EXCEPTION TO THE EXCEPTION: Surviving spouse
• Illegitimate children DO NOT exclude the gets 1/2 even if the testator or the testatrix died
legitimate parents or ascendants whereas within 3 months from time of celebration of marriage
legitimate children excludes legitimate parents or wherein the couple had been living previously as
ascendants husband and wife for more than 5 years
ARTICLE 897. When the widow or widower survives with

legitimate children or descendants, and acknowledged natural • This provision is only true with respect to
children, or natural children by legal fiction, such surviving testate succession. When it comes to intestate or
spouse shall be entitled to a portion equal to the legitime of legal succession, this provision does not apply.
each of the legitimate children which must be taken from that
part of the estate which the testator can freely dispose of. (n)
ARTICLE 901. When the testator dies leaving illegitimate
children and no other compulsory heirs, such illegitimate
• The widow or the surviving spouse concur with children shall have a right to one-half of the hereditary
legitimate children and illegitimate children estate of the deceased.
The other half shall be at the free disposal of the
• If there is only 1 legitimate children, the testator. (842a)
surviving spouse gets ¼
• If there are 2 or more legitimate children, the
• The only survivors here are the illegitimate
spouse shall be entitled to a share which is
children. They are entitled to ½ of the estate. The
equivalent to a share of one of the legitimate child
other half is considered as the free portion.
• For the illegitimate children, the share would be
½ of the share of 1 legitimate child
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. (843a)
ARTICLE 898. If the widow or widower survives with • If the illegitimate child died ahead of his
legitimate children or descendants, and with illegitimate parents and he also has his own children
children other than acknowledged natural, or natural children legitimate or illegitimate, all of these children will
by legal fiction, the share of the surviving spouse shall be the inherit by Right of Representation. They will
same as that provided in the preceding article. (n) get whatever rights their parents have.
ARTICLE 899. When the widow or widower survives with

• The right of an illegitimate child passes to his
legitimate parents or ascendants and with illegitimate children whether legitimate or illegitimate.
children, such surviving spouse shall be entitled to one-eighth • In the case of a legitimate child, his own
of the hereditary estate of the deceased which must be taken illegitimate child cannot represent.
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 ARTICLE 903. The legitime of the parents who have an
the remaining one-eighth of the estate. (n) 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
• The survivors here are the legitimate parents, illegitimate child. If only legitimate or illegitimate children
illegitimate children and the spouse. are left, the parents are not entitled to any legitime
• To the legitimate parents ½, to the illegitimate whatsoever. If only the widow or widower survives with
children ¼ to be taken from the free portion and to parents of the illegitimate child, the legitime of the parents
is one-fourth of the hereditary estate of the child, and that
the surviving spouse 1/8 to be taken from the free
of the surviving spouse also one-fourth of the estate. (n)
portion.
ARTICLE 900. If the only survivor is the widow or widower, • The parents under this article are the
she or he shall be entitled to one-half of the hereditary estate illegitimate parents (parents of an illegitimate
of the deceased spouse, and the testator may freely dispose of child)
the other half. (837a)
If the marriage between the surviving spouse and the
• The presence of legitimate children will
testator was solemnized in articulo mortis, and the testator
exclude the legitimate parents. But legitimate
died within three months from the time of the marriage, the
parents, in the absence of legitimate children, will • You can waive your right to the inheritance
concur with the illegitimate children. and that can be executed because from the
• With respect to the illegitimate parents of the moment of death of the testator, the right of heirs
testator, they are excluded by the presence of the to the estate already becomes vested even if
children of the testator whether his children are there is still no distribution.
legitimate or illegitimate.
• The illegitimate parents are only secondary ARTICLE 906. Any compulsory heir to whom the testator
compulsory heirs because they inherit their has left by any title less than the legitime belonging to him
legitimes only in the absence of the legitimate or may demand that the same be fully satisfied. (815)
illegitimate children or descendants of the
decedent • Article 906 talks about completion of
• Article 903 refers to only to illegitimate parents legitime
and not to other ascendants like the parents of the
illegitimate parents.
• In this case, a compulsory heir has been
given his legitime by means of donation,
• Thus, the rule here is different from the case of condonation, remission, devise, legacy as long as
the grandparents of a legitimate child, for they may the giving of the title is gratuitous
inherit in default of both legitimate parents
COMPLETION OF PRETERITION
ARTICLE 904. The testator cannot deprive his compulsory LEGITIME (Article 906)
heirs of their legitime, except in cases expressly specified by Part of the estate is given There is total omission so
law.
to the compulsory heirs nothing is given to the
Neither can he impose upon the same any burden,
encumbrance, condition, or substitution of any kind although the amount is compulsory heir during
whatsoever. (813a) equivalent to the the lifetime or in the will,
legitime but less than the nothing at all in the
• Even without the will of the testator, the legitime. inheritance.
compulsory heirs are always entitled to their All you have to do is to We annul the institution
legitimes give whatever amount of heirs.
that is lacking.
• The only way to deprive the compulsory heirs The will remains The will is invalidated but
of their legitime is by expressly disinheriting them legacies and devises
in a will, wherein the legal cause therefore shall be which are not inofficious
specified. shall be respected.
• Only the Free portion of the estate that the
testator can give away is subject to certain ARTICLE 907. Testamentary dispositions that impair or
condition, substitution or burden. diminish the legitime of the compulsory heirs shall be
• But the law states except in cases expressly reduced on petition of the same, insofar as they may be
inofficious or excessive. (817)
specified by law.
Burdens that the testator may impose on the • Article 907 talks about testamentary
legitime: disposition that impair or diminish the legitime of
In accordance with law: compulsory heirs
1. A prohibition to partition the legitime is valid for • By analogy, this article applies to donation
a period not exceeding 20 years
inter vivos. Donations which impair (donation
2. Reserva Troncal is also a burden insofar as the
inter vivos) the legitime shall be reduced on
legitime of the reservor or reservista is
petition of the compulsory heirs.
concerned.
• When you apply inofficious donation, only the
ARTICLE 905. Every renunciation or compromise as compulsory heirs can assail that the donation
regards a future legitime between the person owing it and his shall be reduced because it impairs their legitime.
compulsory heirs is void, and the latter may claim the same
upon the death of the former; but they must bring to collation
• The creditor cannot petition that donation
whatever they may have received by virtue of the inter vivos which are inofficious be reduced
renunciation or compromise. (816)
ARTICLE 908. To determine the legitime, the value of
the property left at the death of the testator shall be
• During the lifetime of the testator, the heirs considered, deducting all debts and charges, which shall not
only have inchoate right over the properties of the include those imposed in the will.
To the net value of the hereditary estate, shall be
testator as well as to their legitime
added the value of all donations by the testator that are
• The right to their legitime only becomes vested subject to collation, at the time he made them. (818a)
when the testator dies
• There can be no renunciation or compromise • If you do not arrive at the correct net
that can be made based upon a right that is yet an hereditary estate, all your computation of the
expectancy or an inchoate right legitimes would be wrong
• Even if the compromise is made among the • You add the donations made during the
compulsory heirs themselves, such compromise lifetime of the testator. That is the process of
would still not be valid. COLLATION.
• There can be renunciation of or compromise on • In collation, you do not actually return the
present legitime because the subject matter is no property physically but only the value thereof is
longer a future inheritance considered as part of the estate
• To reconcile with a waiver of a hereditary right, • Donations are collated because it would be
a waiver of hereditary right is executed after the easy for the testator to circumvent the law on
death of the testator. Hereditary right means your legitime by donating all his properties during his
right to the inheritance. But in Article 905, we are lifetime so that nothing would be left for his
talking here of future inheritance or future legitime compulsory heirs at the time of his death.
executed during the lifetime of the testator.
• Donations which are inofficious cannot be This is not inofficious because it can be
assailed by creditors except when the donation is in accommodated in the free portion.
fraud of the creditor Assuming that the testator in his will made a
legacy to M worth P 500,000. The testator is survived
• The value to be considered is the value of the a by a spouse, a legitimate child and an illegitimate
property donated at the time it was donated, not child. A donation to Y worth P 350,000 was also
the value upon the death of the testator made.
• Remember that donations to spouses are void. Legitimate child P 1,275,000
Since it is void, it is still part of the estate and so, Spouse 637,500 (1,275,000/2)
there is nothing to collate because it was not Y 350,000
deducted Illegitimate child 637,500
The estate is already consumed with what due to
Example: the legitimate child, the spouse and the illegitimate
Donations child. In this case, there is no more free portion left.
X P 100,000 Estate: P2,500,000 Thus, the donation becomes inofficious. In addition,
Y P 350,000 Debts: 250,000 the legacy to M cannot be given effect because there
Taxes: 150,000 is no free portion anymore
Estate: P 2,500,000 ARTICLE 910. Donations which an illegitimate child may

Less: have received during the lifetime of his father or mother,
Debts ( 250,000) shall be charged to his legitime.
Taxes ( 50,000) Should they exceed the portion that can be freely
---------------- disposed of, they shall be reduced in the manner prescribed
by this Code. (847a)
P 2,100,000
Add:
Donations (X) 100,000 ARTICLE 911. After the legitime has been determined in
Donations (Y) 350,000 accordance with the three preceding articles, the reduction
shall be made as follows:
---------------- (1) Donations shall be respected as long as the legitime
NET HEREDITARY ESTATE P 2,550,000 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
Remedies provided for by law in assuring that rata, without any distinction whatever.
the compulsory heirs would receive their If the testator has directed that a certain devise or
legitime: legacy be paid in preference to others, it shall not
suffer any reduction until the latter have been applied in
1. Preterition where even if the full to the payment of the legitime.
testator omits the compulsory heirs in his estate, (3) If the devise or legacy consists of a usufruct or life
the law assures that the compulsory heirs would annuity, whose value may be considered greater than that
still receive their inheritance. of the disposable portion, the compulsory heirs may choose
between complying with the testamentary provision
2. Collation where even if the and delivering to the devisee or legatee the part of the
testator already dispose all his properties during his inheritance of which the testator could freely dispose.
lifetime, still, the compulsory heirs are assured of (820a)
their legitime.
Order of priority:
ARTICLE 909. Donations given to children shall be charged 1. Legitime
to their legitime. 2. Donations
Donations made to strangers shall be charged to that part 3. Preferred legacy or devise; and
of the estate of which the testator could have disposed by his
last will.
4. All other pro-rata
Insofar as they may be inofficious or may exceed the
disposable portion, they shall be reduced according to the Steps to be followed under Article 911:
rules established by this Code. (819a) 1. Determine the Net Hereditary Estate (NHE);
How? Gross Estate
Less: Debts & charges
• Remember that in succession, a stranger is Plus: Donations subject to Collation
one who is not a compulsory heir of the testator 2. Determine the legitime of the compulsory
• Donations made to strangers during the heirs based on #1;
lifetime of the testator are charged to the free 3. Add total value of all of all the legitimes of all
portion. the compulsory heirs;
• Donations to strangers should be collated, 4. Deduct the total value of the legitimes in #3
otherwise, the legitime of the compulsory heirs will from the Net Hereditary Estate in #1 to arrive at
be impaired the free disposal;
• If there is no free portion to speak of, the 5. Charge the donations to compulsory heirs to
donation becomes inofficious. As such, there has to their legitimes. In case of excess of donations
be a reduction or a return of the property donated. over the legitime, charge excess to free disposal;
6. Charge the donations to strangers to the free
Example: Same data as in the previous example in
disposal;
Article 908
Legitime = P 2,550,000 / 2 7. Charge PREFERRED legacies/devises to free
= P 1,275,000 disposal;
8. Charge all other legacies/devises to free
Donation made to X is considered as an advance. disposal;
Upon distribution, he will only receive P 1,175,000. 9. In case free disposal is insufficient, reduce
Donation made to Y shall be charged to the free the legacies, donations etc in the order of
portion: priority.
P 1,275,000 – 350,000 = P 925,000
The remaining free portion is P 925,000 because How?
the testator already disposed P 350,000 in advance. 1. Donation to strangers;
2. If there is still an excess, then you charge the and the devisee will just pay the compulsory heirs
legacies & devises; for such value
3. If still insufficient, all others. • If the reduction absorbs more than ½ of its
value, it shall go to the compulsory heirs and the
• Article 911 is when there are compulsory heirs compulsory heirs will just pay the devisee for
AND/OR there are donations subject to collations such value
• If it is exactly ½ of its value, the real property
Example: shall go to the devisee if you apply the article
Net Hereditary Estate P 2,550,000 literally, you would be defeating the intent of the
Donations: Legitimate child P 100,000 testator. The devisee will just pay the
X (friend) 350,000 compulsory heirs for the value
M (legacy) 500,000
N (devise) 200,000 ARTICLE 913. If the heirs or devisees do not choose to
Testator is survived by a spouse and a legitimate avail themselves of the right granted by the preceding
child. article, any heir or devisee who did not have such right may
exercise it; should the latter not make use of it, the property
Legitimate child P 1,275,000 shall be sold at public auction at the instance of any one of
the interested parties. (822)
Spouse 637,500
---------------
Free Portion P 637,500 • If the legatee or devisee does not want to
exercise the right under Article 912, the other
The free portion is not sufficient to accommodate parties (heir or devisee) may exercise the right
the donation, the legacy, and the devise. on behalf of the party who does not wish to
Donations are preferred as long as the legitime can exercise the right
be covered, reducing or annulling, if necessary, the
devises or legacies made in the will.
• If none of the parties have the interest to
exercise the right or reimbursement or retention,
the property may just be sold at a public auction
Free Portion P 637,500
at the instance of any interested party such as a
Donation to X (friend) 350,000
creditor of the estate
------------
Remaining Free Portion P 287,500
ARTICLE 914. The testator may devise and bequeath the
The remaining free portion is to be distributed pro- free portion as he may deem fit. (n)
rata since the testator did not prefer a certain devise or
legacy. • After all the legitimes of the compulsory heirs
have been satisfied, including the surviving
Legacy: 5/7 x 287,500 = P 205, 357.14 spouse and the illegitimate children, the free
Devise: 2/7 x 287,500 = P 82, 142.86 disposal may be given by the testator to anybody
provided that there is no prohibition by law.
• If there are preferred legacy or devise, for • If he gives the free disposal to his concubine,
example, the testator says that the legacy to M is that is not allowed
preferred, therefore, of the P287,500 remaining,
this will all be given as legacy to M. The whole P Review on LEGITIME
500,000 cannot be given because the net estate is
not sufficient. But because it is preferred, it shall • MEMORIZE the legitime of the
be given ahead of the devise. In that case, the compulsory heirs
devise will not be given anymore. • For easy memorization, maybe, you first start
• If there were 2 or more donations, they shall be with the legitime of the surviving spouse because
respected equally if made at the same time. It the legitime of the surviving spouse varies
shall be apportioned the same with the legacy and according to the other concurring heirs.
devise, which means pro-rata.
• If there were 2 or more donations made on 1. Surviving spouse with 1 legitimate child =¼
different dates, the earlier one shall be respected. Legitimate child =½
The more recent donations are less preferred than
the donations earlier made because there is a 2. If there are 2 or more legitimate children, the
presumption that it was made first. This means share of the surviving spouse changes:
that the testator has more preference or affection Surviving spouse = share of 1 legitimate child
for that person to whom he made that first Legitimate child = 1/2
donation. That is if the donations are made on
different dates. 3. Spouse surviving with the parents of the testator:
Surviving spouse = ¼
ARTICLE 912. If the devise subject to reduction should
Parents =½
consist of real property, which cannot be conveniently divided,
it shall go to the devisee if the reduction does not absorb one- If there are illegitimate children:
half of its value; and in a contrary case, to the compulsory Surviving spouse = 1/8
heirs; but the former and the latter shall reimburse each other
in cash for what respectively belongs to them. 4. Spouse survives with illegitimate children only:
The devisee who is entitled to a legitime may retain the Surviving spouse = 1/3
entire property, provided its value does not exceed that of the Illegitimate children= 1/3
disposable portion and of the share pertaining to him as
legitime. (821)
5. If the spouse is the only survivor =½
If marriage celebrated articulo mortis and the
• In this case, the devise subject to reduction other spouse died within 3 months = 1/3
cannot be conveniently divided If they have been living together for 5 years = ½
• According to Article 912, if the reduction does
not absorb ½ of its value, it shall go to the devisee • Legitimate children always ½
• Legitimate parents always ½
• Illegitimate children always ½ of the share of 1 ARTICLE 917. The burden of proving the truth of the
cause for disinheritance shall rest upon the other heirs of
legitimate child unless there are many illegitimate the testator, if the disinherited heir should deny it. (850)
children and the estate is not enough to
accommodate their share. In that case, divide the
ARTICLE 918. Disinheritance without a specification of
remainder among the illegitimate children. 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
SECTION 6 prejudice the person disinherited; but the devises and
Disinheritance legacies and other testamentary dispositions shall be valid
to such extent as will not impair the legitime. (851a)
ARTICLE 915. A compulsory heir may, in consequence of
disinheritance, be deprived of his legitime, for causes
expressly stated by law. (848a)
• Article 918 talks of invalid disinheritance
• Article 915 talks about the consequence of Instances wherein there is ineffective
being disinherited disinheritance:
• DISINHERITANCE is the process or act, thru a 1. Disinheritance without specification of the cause
testamentary disposition of depriving in a will any 2. For a cause which is not a true cause
compulsory heir of his legitime for true and lawful 3. For a cause not given in law
causes.
Consequence if there is an invalid
• Disinheritance refers only to a compulsory heir
disinheritance
• Disinheritance is made through a testamentary
• It shall annul the institution of the heirs but in
disposition. There must be a will.
so far as only for the purpose of completing the
• There is no disinheritance in legal or intestate legitime of the compulsory heir
succession, only in testate succession • But the devises and legacies and other
• Disinheritance can be made only for causes testamentary dispositions shall be valid to such
expressly stated by law extent as will not impair the legitime
Ways of depriving the compulsory heir of his EXAMPLE # 1:

legitime The testator instituted A and B in his will and
1. Disinheritance (Article 915) disinherited C for the reason that C is ugly . A, B
and C are all his legitimate children. His estate is
2. Repudiation of the inheritance - the act of the worth P 120,000.
heir himself The effect is it shall annul the institution of heirs
3. Incapacity by reason of unworthiness insofar as only it may prejudice the legitime of the
4. Predecease - the actual or presumptive death invalidly disinherited heir.
of the heir Legitime = P 120,000 / 2
5. Loss of the estate = P 60,000
6. When the death or charges are equal to or Legitime of each child = P 60,000 / 3
more than the value of the estate = P 20,000
Distribution:
C = P 20,000 (legitime)
ARTICLE 916. Disinheritance can be effected only through
a will wherein the legal cause therefor shall be specified. (849) A = P 20,000 + 30,000 = P
50,000
B = P 20,000 + 30,000 = P
Requisites for a valid disinheritance:
50,000
1. The disinheritance must be made in valid will
• The disinheritance can also be effected by EXAMPLE # 2:
virtue of a codicil Same example with additional data that X is
• Disinheritance can also be made in a separate given a legacy of P 30,000 cash.
will C = P 20,000
• Disinheritance can also be made in A = P 20,000 + P 15,000
Incorporation By Reference B = P 20,000 + P 15,000
2. The disinheritance must be made expressly, not X = P 30,000
impliedly
3. There must be a legal cause for the disinheritance • Remember, in the order of distribution, the
4. The disinheritance must be made for a true cause devise or legacy shall be given ahead of the
5. The disinheritance must be for and existing cause inheritance.
• A conditional disinheritance is not allowed:
“I will disinherit my son if he will kill me in the PRETERITION VALID DISINHERITANCE
future” The omission may be Disinheritance is always
• But a conditional revocation of disinheritance is either intentional or intentional because it has
allowed: unintentional as long as to be provided for in the
“My son attempted for my life. I will disinherit the deprivation is total. will.
him. But if he will ask for my forgiveness, I With cause or without The cause must be
will revoke the disinheritance” cause provided for by law.
6. The disinheritance must be total or complete (Articles 920 & 921 NCC)
7. The cause must be stated in the will itself Annuls the institution The disinherited heir
8. The heir disinherited must be clearly identified, so inherits nothing from the
that there will be no doubt as to who is really being legitime & the free portion.
disinherited May exist with or There must always be a
9. The will in which the disinheritance is stated must without a will. will
not have been revoked, at least in so far as the Q: How does preterition
disinheritance is concerned exist without a will?
A: During the lifetime of • He can be found guilty and the judgment may
the testator, he can become final after the death as long as it
make donations and the becomes final. Disinheritance can be given
donations will be effect once the judgment becomes final
collated later on. If already. There must be an intent to kill.
during his lifetime, he
• Even if the descendant is just an accomplice
gave all his properties
or accessory, this paragraph applies
to one of his children.
• Even if the law says attempt, the more
So upon his death,
reason that frustrated and consummated
there is nothing left. So
stages are to be included
upon his death, there is
no will but still there is
(2) When a child or descendant has accused the
preterition because
testator of a crime for which the law prescribes
there is omission.
imprisonment for six years or more, if the
The institution is always The institution will be
accusation has been found groundless
void followed unless there is
• The accusation be groundless
another cause for not
following the institution • The crime being referred here is against
which is not because of the anybody
disinheritance but for Accusations referred in this paragraph:
other causes. 1. It may include the institution of a criminal
action
PRETERITION IMPERFECT 2. You testify in a case against your parents or
DISINHERITANCE ascendants involving a crime which carries a
The institution of heirs The institution remains penalty of 6 years or more
is completely annulled valid, but must be reduced 3. Statements wherein you affirm the
insofar as the legitime has
accusations made against your parents,
been impaired
ascendants.
If there is a devise or Devises, legacies or other
legacy, he will receive testamentary dispositions (3) When a child or descendant has been convicted
the devise or legacy as shall be valid. Even if the of adultery or concubinage with the spouse of
long as it is not person is just an instituted the testator
inofficious heir, he will still receive his
• The law here says convicted of adultery or
share or inheritance.
concubinage, unlike the ground in legal
It is important to Even if the person is just
separation where preponderance of evidence
distinguish whether the an instituted heir, as long
is sufficient
person is an instituted as the institution does not
• There has to be conviction
heir or a devisee or prejudice the legitime of
legatee the invalidly disinherited
(4) When a child or descendant by fraud, violence,
heir, then, that heir shall
intimidation, or undue influence causes the
receive the inheritance
testator to make a will or to change one already
made
ARTICLE 919. The following shall be sufficient causes for
the disinheritance of children and descendants, legitimate as • There has to be another will made
well as illegitimate:
(1) When a child or descendant has been found guilty of an (5) A refusal without justifiable cause to support the
attempt against the life of the testator, his or her spouse, parent or ascendant who disinherits such child
descendants, or ascendants; or descendant
(2) When a child or descendant has accused the testator of a
crime for which the law prescribes imprisonment for six • The determination whether or not the refusal
years or more, if the accusation has been found groundless; of the child is without just cause will depend
(3) When a child or descendant has been convicted of upon the means of the child and the
adultery or concubinage with the spouse of the testator; necessity of the ascendant
(4) When a child or descendant by fraud, violence,
intimidation, or undue influence causes the testator to make (6) Maltreatment of the testator by word or deed, by
a will or to change one already made;
the child or descendant
(5) A refusal without justifiable cause to support the parent or
ascendant who disinherits such child or descendant; • This ground of maltreatment is present only
(6) Maltreatment of the testator by word or deed, by the child with respect to disinheritance of a
or descendant; 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
(7) When a child or descendant leads a dishonorable
civil interdiction. (756, 853, 674a) or disgraceful life
• What is dishonorable or disgraceful life is a
• Article 919 talks about the grounds for question which is addressed to the judgment
disinheritance of the court but generally, the act must not
be an isolated or single act
• Under Article 919, the person who is • It has to be a way of life
disinherited is a child or descendant of the testator, • The child or descendant may be a male or a
whether that child is legitimate or illegitimate female
(1) When a child or descendant has been found guilty (8) Conviction of a crime which carries with it the
of an attempt against the life of the testator, his or penalty of civil interdiction
her spouse, descendants, or ascendants
• Generally, crimes which are punishable by
• There is final judgment or conviction already death penalty, reclusion perpertua and
• At the time of the execution of the will, it is not reclusion temporal, all of these carry with it
necessary that the judgment is final the accessory penalty of civil interdiction
ARTICLE 920. The following shall be sufficient causes for should make them beg or abandon them. In these
the disinheritance of parents or ascendants, whether cases, the courts may also deprive the parents, in
legitimate or illegitimate: whole or in part, of the usufruct over the child's
(1) When the parents have abandoned their children or property, or adopt such measures as they may
induced their daughters to live a corrupt or immoral life, or deem advisable in the interest of the child. (171a)
attempted against their virtue;
(2) When the parent or ascendant has been convicted of an
• A child under parental authority cannot
attempt against the life of the testator, his or her spouse,
descendants, or ascendants; execute a will
(3) When the parent or ascendant has accused the testator of • If the parent regains parental authority, there
a crime for which the law prescribes imprisonment for six are 2 views:
years or more, if the accusation has been found to be false; 1. The disinheritance will remain
(4) When the parent or ascendant has been convicted of
adultery or concubinage with the spouse of the testator; notwithstanding that the parent has
(5) When the parent or ascendant by fraud, violence, regain his or her parental authority
intimidation, or undue influence causes the testator to make because the reason for the disinheritance
a will or to change one already made; is not really the loss of parental authority
(6) The loss of parental authority for causes specified in this but the cause for the loss of parental
Code; authority.
(7) The refusal to support the children or descendants
without justifiable cause; 2. The disinheritance is already deemed
(8) An attempt by one of the parents against the life of the ineffective because upon the death of the
other, unless there has been a reconciliation between them. child there is really no more loss of
(756, 854, 674a) parental authority.
• This article deals with the causes (7) The refusal to support the children or
descendants without justifiable cause
disinheriting an ascendant
• The same with Article 919
• The disinherited heir may controvert the
grounds stated in the will (8) An attempt by one of the parents against the life
of the other, unless there has been a reconciliation
(1) When the parents have abandoned their children or between them.
induced their daughters to live a corrupt or • The child, the son, the daughter or the
immoral life, or attempted against their virtue grandchild may disinherit his parent who has
• Abandonment here does not even have to attempted against the life of the other parent
amount to a crime as long as he has already • No need for conviction because the law says
deprived his child of the basic necessity or he attempt, so mere attempt
has not been seen for a number of years • But if there is a reconciliation between the
• Abandonment refers to either physical, parents, then, the child cannot anymore
educational or moral as long as you neglect disinherit because if the offended party has
your child deemed it proper to forgive the other spouse,
• This may be applied by analogy to sons then, with more reason the child because he
is not the party directly offended
(2) When the parent or ascendant has been convicted
of an attempt against the life of the testator, his or ARTICLE 921. The following shall be sufficient causes for
her spouse, descendants, or ascendants disinheriting a spouse:
(3) When the parent or ascendant has accused the (1) When the spouse has been convicted of an attempt
testator of a crime for which the law prescribes against the life of the testator, his or her descendants,
or ascendants;
imprisonment for six years or more, if the (2) When the spouse has accused the testator of a crime
accusation has been found to be false for which the law prescribes imprisonment of six
(4) When the parent or ascendant has been convicted years or more, and the accusation has been found to be
of adultery or concubinage with the spouse of the false;
testator (3) When the spouse by fraud, violence, intimidation, or
(5) When the parent or ascendant by fraud, violence, undue influence cause the testator to make a will or to
intimidation, or undue influence causes the testator change one already made;
(4) When the spouse has given cause for legal separation;
to make a will or to change one already made
(5) When the spouse has given grounds for the loss of
• Numbers 2, 3, 4, and 5 are the same as those parental authority;
in Article 919 (6) Unjustifiable refusal to support the children or the other
spouse. (756, 855, 674a)
(6) The loss of parental authority for causes specified
in this Code When the spouse has given cause for legal
• In this case, this should refer to those causes separation
by which the parent or ascendant is at fault. • In this case, there is yet no decree of legal
These causes are provided for in Article 330 separation but only the occurrence of the
and 332 of the Civil Code. cause for legal separation.
• You do not have to secure a decree of legal
ARTICLE 330 NEW CIVIL CODE. The father and in a separation first before you can disinherit your
proper case the mother, shall lose authority over spouse who has given ground
their children:
(1) When by final judgment in a criminal case the
penalty of deprivation of said authority is imposed Grounds for Legal Separation:
upon him or her; ARTICLE 55 NEW CIVIL CODE. A petition for legal
(2) When by a final judgment in legal separation separation may be filed on any of the following
proceedings such loss of authority is declared. (169a) grounds:
(1) Repeated physical violence or grossly abusive
ARTICLE 332 NEW CIVIL CODE. The courts may conduct directed against the petitioner, a
deprive the parents of their authority or suspend the common child, or a child of the petitioner;
exercise of the same if they should treat their (2) Physical violence or moral pressure to compel
children with excessive harshness or should give the petitioner to change religious or political
them corrupting orders, counsels, or examples, or affiliation;
(3) Attempt of respondent to corrupt or induce the disinherited parent shall not have the usufruct or
petitioner, a common child, or a child of the administration of the property which constitutes the
petitioner, to engage in prostitution, or connivance legitime. (857)
in such corruption or inducement;
(4) Final judgment sentencing the respondent to
imprisonment of more than six years, even if • Article 923 talks about the right of
pardoned; representation of the heirs of the
(5) Drug addiction or habitual alcoholism of the disinherited heir
respondent;
(6) Lesbianism or homosexuality of the respondent; EXAMPLE: Testator has 2 children, A and B. A has 2
(7) Contracting by the respondent of a subsequent
children, C and D. A is disinherited. Even if A can no
bigamous marriage, whether in the Philippines
or abroad; longer inherit, C and D will now represent A but only
(8) Sexual infidelity or perversion; with respect to the legitime of A. The fault of A
(9) Attempt by the respondent against the life of the should not be imputed against A’s heirs.
petitioner; or
(10) Abandonment of petitioner by respondent
without justifiable cause for more than one
• An heir who has been disinherited can be
year. represented
For purposes of this Article the term "child" shall • PER CAPITA means one inherits in his own
include a child by nature or by adoption. (97a) right. In the example, B inherits in his own right.
• Note that even if there is merely an attempt

• PER STIRPES means one inherits by virtue
against the life of the other spouse, it can be a of representation. In the example, C and D
ground for disinheritance because it is a ground inherit as representatives of A
for legal separation. In this ground, there is no
conviction, but mere attempt • When there is a will, representation takes
place only with respect to the legitime
• But under Article 921, paragraph 1, take note
that what it provides is conviction: “When the • But if there is no will, representation pertains
spouse has been convicted of an attempt to the ENTIRE portion
against the life of the testator, his or her
descendants, or ascendants” • A will containing only a disinheritance is an
• If one of the spouses attempt against the life of indirect disposition. It is a valid will
a common child or descendant, there has to be
conviction in order that it may constitute a • PRINCIPLE: When there is a will, the
ground for disinheritance because it is not a representation of the heir of the disinherited heir
ground for legal separation will only be to the EXTENT OF THE LEGITIME. But
with respect to the free portion, that goes to the
instituted heir UNLESS the will does not dispose
• If there already has been a decree of legal of the entire property and that there is intestacy
separation, there is no more need to disinherit the the own heirs of the disinherited heir may still
offending spouse because by operation of law, the part of the free portion
inheritance given to the other spouse is revoked
and he or she is also disqualified from inheriting
from the innocent spouse. • The disinherited heir who is represented has
no usufruct or administration of the property
ARTICLE 922. A subsequent reconciliation between the
which constitutes the legitime. Even if his own
offender and the offended person deprives the latter of the children will get the property which he should
right to disinherit, and renders ineffectual any disinheritance have gotten had he not been disinherited, he
that may have been made. (856) cannot use it and he cannot administer it
• Reconciliation is the mutual restoration of • There is no representation with respect to the

feelings to the status quo. It is a bilateral act. The spouse. right of representation pertains only to
offended party must be able to forgive and the the descending and direct line
offender must be able to accept the forgiveness. • There is no right of representation in the
• If there is disinheritance and subsequently ascending line
there is reconciliation, then the disinheritance
becomes ineffectual SECTION 7
• There is no reconciliation if it is merely a Legacies and Devises
general pardon wherein the testator forgives all
who have offended him because such is a unilateral ARTICLE 924. All things and rights which are within the
commerce of man may be bequeathed or devised. (865a)
act of the testator
How is disinheritance revoked? • Everything can be bequeathed or devise as

1. There is subsequent reconciliation (so long as within the commerce of man
the disinheritance shall be ineffective)
Things which cannot be bequeathed or devised:
2. By making the disinherited heir an 1. Res Communes
instituted heir 2. Property of Public Dominion
3. By the revocation of a will containing 3. Property of Public Use
disinheritance 4. Res Nullus
4. By the disallowance of a will containing 5. Illicit things
the disinheritance 6. Purely Personal or Intransmissible Rights
ARTICLE 925. A testator may charge with legacies and

devises not only his compulsory heirs but also the legatees
and devisees.
ARTICLE 923. The children and descendants of the person The latter shall be liable for the charge only to the extent of
disinherited shall take his or her place and shall preserve the the value of the legacy or the devise received by them. The
rights of compulsory heirs with respect to the legitime; but the
compulsory heirs shall not be liable for the charge beyond the
amount of the free portion given them. (858a)
• Article 929 presupposes that the testator
knows that he is not the full owner of the thing
but still he has interest or he is a part owner
GENERAL RULE: When the will is silent, the estate has • The knowledge of the testator can be proved
the duty of effecting the legacy or devise by the will itself or by evidence aliunde (evidence
EXCEPTION: If the testator charges his heirs with the oustside the will).
legacy or devise, then ALL of the heirs, including the • But if the testator wants to give the property
legatees or devisees, has the duty of effecting the in its entirety, he must expressly provide it in the
legacy or devise. The value of the legacy or devise will.
given by the heirs shall be proportion to the shares
which they received. ARTICLE 930. The legacy or devise of a thing belonging
EXCEPTION TO THE EXCEPTION: But is a SPECIFIC HEIR to another person is void, if the testator erroneously
or LEGATEE OR DEVISES is charged with the burden of believed that the thing pertained to him. But if the thing
giving this legacy or devise, then that legatee, devisee, bequeathed, though not belonging to the testator when he
or heir alone shall bear the burden of giving out the made the will, afterwards becomes his, by whatever title,
legacy or devise. Even the compulsory heirs may be the disposition shall take effect. (862a)
charged with the burden of the legacy or devise but it
should not exceed the amount of the free portion given ARTICLE 929 ARTICLE 930
The testator is a part- The testator has no
Kinds of Legacy owner or has a part interest whatsoever but
interest AND he knows he erroneously believed
1. LEGACY PROPER – The estate has the duty to that he a part interest or that he owns the
give the legacy. ownership in the thing property.
2. PRE-LEGACY – The duty is given to the estate bequeathed or devise.
but the gift is given to a specific heir or legatee.
The legacy is made specific or determinate so a
car, a house and lot but still the duty to give the ARTICLE 931. If the testator orders that a thing
legacy or devise is upon the estate. belonging to another be acquired in order that it be given to
a legatee or devisee, the heir upon whom the obligation is
3. SUB-LEGACY/SUB-DEVISE – this is the one imposed or the estate must acquire it and give the same to
referred to under Article 925, when a legacy is the legatee or devisee; but if the owner of the thing refuses
charged to an heir, or a legatee or a devisee. to alienate the same, or demands an excessive price
therefor, the heir or the estate shall only be obliged to give
ARTICLE 926. When the testator charges one of the heirs the just value of the thing. (861a)
with a legacy or devise, he alone shall be bound.
Should he not charge anyone in particular, all shall be Article 930 Article 931
liable in the same proportion in which they may inherit. (859) The testator does not own The testator knows that
the property but he the property is not his
ARTICLE 927. If two or more heirs take possession of the erroneously believed that and he makes an ORDER
estate, they shall be solidarily liable for the loss or destruction he owns the property that the property shall
of a thing devised or bequeathed, even though only one of
be given to the devisee
them should have been negligent. (n)
or to the legatee.
If the owner of the If there’s an order, the
• Even if they are solidarily liable, the heir who is
property demands an estate, or the heir,
not negligent can demand reimbursement form the
excessive price or refuses legatee or devisee
one who was negligent
to alienate the property charged MUST ACQUIRE
• If the thing is lost through a fortuitous event, then, that is the time it and give it to the
the heirs do not have any obligation to deliver. when the estate, or the legatee or devisee.
• If it is intentional, there is no solidary liability. heir, legatee or devisee
The one who is at fault is the only one liable. charged with the duty of
giving shall give a
ARTICLE 928. The heir who is bound to deliver the legacy reasonable or just value
or devise shall be liable in case of eviction, if the thing is of the thing.
indeterminate and is indicated only by its kind. (860)
• If the testator knows that he does not own

• If indeterminate or generic, the heir bound to
the property but gives it to the devisee or legatee
deliver is liable for eviction. There is warranty
and there is no order that it shall be acquired by
against eviction because being indeterminate or
the estate, the devise or legacy is still valid but
being generic, the heir charged should not have
the estate, or the heir, legatee or devisee
delivered thing which is defective.
charged with the duty of giving the property has
• If specific, the heir is not liable because his duty a choice. He may have or acquire the property
is merely to deliver what the testator has chosen. It and give it to the legatee or devisee or he may
is beyond the power of the heir, legatee or devisee just pay the just value.
charged. He is merely charged with he duty of
delivering the very same thing mentioned by the • If there is an order, follow the order
testator. He has no liability for eviction. • But if the owner of the property does not
ARTICLE 929. If the testator, heir, or legatee owns only a want to alienate the property, the heir or the
part of, or an interest in the thing bequeathed, the legacy or estate must pay the just value
devise shall be understood limited to such part or interest,
unless the testator expressly declares that he gives the thing • If there is no order that it shall be acquired by
in its entirety. (864a) the estate, the estate has the choice. He may
just acquire the property or pay the just value
GENERAL RULE: The legacy or devise shall be valid thereof.
only to that portion which is owned by the testator
EXCEPTION: If the testator EXPRESSLY declares that he • The order that the thing belonging to another
gives the thing in its entirety be acquired NEED NOT BE EXPRESS. It may be
implied.
before the execution of the will, the estate is obliged to pay
Remember the difference: the debt, unless the contrary intention appears.
• Article 929 – he owns only a part of the thing The same rule applies when the thing is pledged or
• Article 930 – he does not own the thing and he mortgaged after the execution of the will.
Any other charge, perpetual or temporary, with which
does not know that he does not own the thing the thing bequeathed is burdened, passes with it to the
• Article 931 – he does not own the thing but at legatee or devisee. (867a)
the time of the execution of the will, he knew that
he was not the owner of the thing • Here, the property devised or bequeathed is
subject to a pledge or mortgage to secure a
ARTICLE 932. The legacy or devise of a thing which at the recoverable debt
time of the execution of the will already belonged to the
legatee or devisee shall be ineffective, even though another • The estate has the obligation to free the land
person may have some interest therein. from the mortgage
If the testator expressly orders that the thing be freed • This will apply even if the mortgage was
from such interest or encumbrance, the legacy or devise shall made after the execution of the will or before
be valid to that extent. (866a)
• The estate has no obligation to free the
property from the burden imposed by a bond
• This article talks of a thing given as a devise or because this article only applies to a pledge or a
as a legacy which at the time of the execution of mortgage or anything which secures a
the will already belongs to the legatee or devisee recoverable debt. If the property bond is
• The point to remember is THE TIME OF THE constituted upon a property, that is not a
EXECUTION OF THE WILL recoverable debt.
• In this case, the legacy or devise would be void • The same thing if the property is leased. The
because it would be a legal impossibility for the estate has no obligation to free the land from the
testator to give to the legatee something that the lease. The lease is not a pledge or a mortgage.
legatee already owns • In these cases, the legatee or devisee has the
• Even if the thing is mortgaged to another obligation to respect the lease or have the
person, the mortgagor still remains to be the owner obligation to respect the property bond
of the thing. The legacy or devise will still be void.
• But if there is an order from the testator that ARTICLE 935. The legacy of a credit against a third
the thing be saved from the mortgage, the legacy person or of the remission or release of a debt of the
will be valid only to such extent. Upon the death of legatee shall be effective only as regards that part of the
the testator, the estate has to pay the debt so that credit or debt existing at the time of the death of the
the property may be saved from the mortgage. testator.
In the first case, the estate shall comply with the legacy
by assigning to the legatee all rights of action it may have
ARTICLE 933. If the thing bequeathed belonged to the
against the debtor. In the second case, by giving the legatee
legatee or devisee at the time of the execution of the will, the
an acquittance, should he request one.
legacy or devise shall be without effect, even though it may
In both cases, the legacy shall comprise all interests on
have subsequently alienated by him.
the credit or debt which may be due the testator at the time
If the legatee or devisee acquires it gratuitously after such
of his death. (870a)
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. (878a) • This article refers to LEGACY OF CREDIT
and LEGACY OF REMISSION
• 1st paragraph: At the time of the execution of • In Legacy of Credit, the testator (creditor)
the will, the legatee or devisee is the owner has some receivables from X (debtor). In his will,
• 2nd paragraph: At the time of the execution of the testator provides that if upon his death, the
the will, the legatee or devisee is NOT the owner. said obligation is not yet paid, then, A will have
He can still get something if he acquires the the right to whatever amount is paid by X or A
property subsequently by virtue of onerous title. If may proceed against X.
it was acquired by gratuitous title, he can claim  The law says “only as regards that part of the
nothing from the estate of the testator. credit or debt existing at the time of the
• This also applies even if at the time of the death of the testator”
execution of the will, the testator was the owner of  When property is acquired after the execution
the thing. of the will but before the death, those
properties will not pass to the heir (Article
What should be reimbursed? 793)
1. If thru sale – the price paid therefore • In Legacy of Remission, the testator
2. If thru barter – the value of the thing provides upon his death that whatever obligation
exchanged X has at that time is already condoned or
3. If thru an onerous donation (there is remitted.
consideration, not pure liberality) – the value of  This refers to only such part existing at the
the burden imposed time of the death of the testator
4. If thru adjudicacion en pago – the value of the  This legacy of remission stands in the same
credit, interest and cost status as donation because when the testator
dies, the value of the debt should be added
Who reimburses? or collated to the gross estate
1. The estate if no one has been charged in  The legacy of remission also carries with it
particular the duty of the estate of the testator to give
2. The heir, legatee, or devisee who has been the legatee an acquittal, like a note indicating
charged that the legatee has no more debt
ARTICLE 934. If the testator should bequeath or devise
ARTICLE 936. The legacy referred to in the preceding
something pledged or mortgaged to secure a recoverable debt
article shall lapse if the testator, after having made it,
should bring an action against the debtor for the payment of • If it is as payment for an obligation, the
his debt, even if such payment should not have been effected estate shall pay only the exact amount which is
at the time of his death. due
The legacy to the debtor of the thing pledged by him is
understood to discharge only the right of pledge. (871) • If the debt of the testator has already
prescribed but the testator provided for the
payment thereof in his will, it should be given
• This is an example of REVOCATION BY
effect because this is governed by NATURAL
OPERATION OF LAW
OBLIGATION
• The law presumes that by filing the action for
collection, the testator is no longer interested to ARTICLE 940. In alternative legacies or devises, the
give the legacy choice is presumed to be left to the heir upon whom the
• “Action” means judicial action. Mere demand obligation to give the legacy or devise may be imposed, or
the executor or administrator of the estate if no particular
letter is not sufficient. For the law to set in or for
heir is so obliged.
us to presume that there is revocation by operation If the heir, legatee or devisee, who may have been
of law, there has to be a judicial action. given the choice, dies before making it, this right shall pass
• A legacy that belongs to the legatee or devisee to the respective heirs.
Once made, the choice is irrevocable.
is void. Even if the legatee pledged the car to the
In the alternative legacies or devises, except as herein
testator, but, that is just a pledge. There is no provided, the provisions of this Code regulating obligations
grant of ownership to the testator. The legatee of the same kind shall be observed, save such modifications
remains to be the owner of the car. So, the status as may appear from the intention expressed by the testator.
of the legacy is void. (874a)
• But, as a consequence of that legacy, the law
presumes that the testator is said to extinguish the • Article 940 talks about right of choice in an
pledge already. The legatee cannot enforce the alternative legacy or devise
legacy but he may enforce, as a legal consequence, • This is just like in alternative obligations
that the pledge is now extinguished.
wherein the delivery of one of the prestations is
• Under Article 936, although there is a legacy of sufficient to extinguish the entire obligation
remission and legacy of credit, still there is no • It is the heir upon whom the obligation to
warranty on the part of the testator as to the
give the legacy or devise is imposed or if, for
existence or legality of the credit or as to the
instance there is no heir charged in particular,
solvency of the debtor.
the executor or administrator of the estate, who
has the obligation to deliver
ARTICLE 937. A generic legacy of release or remission of
debts comprises those existing at the time of the execution of
• If before making the choice, the heir, the
the will, but not subsequent ones. (872) legatee or devisee dies, the right to make the
choice shall be exercised by the heirs of such
• This article specifically talks about legacy of heir, legatee or devisee.
release or remission of debt • This is not a personal right. This is a
transmissible right.
• Only those existing at the time of the execution
of the will • Once the heir burdened exercised the right of
choice, then the legacy or devise ceases to
• The value of the debt remitted should not become an alternative one. It becomes pure and
exceed the portion which the testator can freely simple legacy.
dispose of. It must not exceed the free disposal.
• Moreover, once the choice is exercised, that
ARTICLE 938. A legacy or devise made to a creditor shall choice becomes irrevocable
not be applied to his credit, unless the testator so expressly • In alternative legacies or devises, the rule in
declares. obligations and contracts with respect to
In the latter case, the creditor shall have the right to
alternative obligations, is also applied but only in
collect the excess, if any, of the credit or of the legacy or
devise. (873a) a suppletory manner because the supreme law
here is really the will of the testator. If anything
in the rule in obligations and contract conflicts
• In this case, the testator is the debtor
with the will of the testator, then the will of the
• The reason for the legacy is presumed as the
testator shall prevail.
liberality of the testator
• But if it is expressly declared by the testator ARTICLE 941. A legacy of generic personal property shall
that the legacy or devise shall be applied to the be valid even if there be no things of the same kind in the
debt, then, it may be given effect estate.
A devise of indeterminate real property shall be valid
• But, if it is another kind of property, you cannot
only if there be immovable property of its kind in the estate.
force the creditor to accept something which is not The right of choice shall belong to the executor or
the obligation administrator who shall comply with the legacy by the
delivery of a thing which is neither of inferior nor of superior
ARTICLE 939. If the testator orders the payment of what quality. (875a)
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 • This article talks about the difference in the
excess is not due, unless a contrary intention appears. rule on generic/indeterminate personal property
The foregoing provisions are without prejudice to the and generic/indeterminate real property
fulfillment of natural obligations. (n) • The estate has the obligation to deliver such
personal property which is of middle quality. This
• In this case, the testator is allotting a certain depends upon the status of the estate or upon
amount of money in payment of his obligation the situation
which he believes to exist, but in fact does not exist • But if you are talking of an immovable
• As such, it is considered as not written because property, if there if there is no other immovable
the giving here is impelled by the wrong belief by property in the estate, then, the devise is void.
the testator
• The period to reckon if there is really such king ARTICLE 945. If a periodical pension, or a certain annual,
of thing existing in the estate of the testator is at monthly, or weekly amount is bequeathed, the legatee may
the time of the death of the testator 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
ARTICLE 942. Whenever the testator expressly leaves the returned, even though the legatee should die before the
right of choice to the heir, or to the legatee or devisee, the expiration of the period which has commenced. (880a)
former may give or the latter may choose whichever he may
prefer. (876a)
• The heir can petition for his allowance or
• This article also talks about alternative legacy pension after the death of the testator for the 1st
or devise installment and for the following ones, which shall
be due at the beginning of each period
GENERAL RULE: The right of choice belongs to the
estate, or the heir or legatee or devisee When do you petition?
EXCEPTION: If the testator will give the right of choice 1. The will must be admitted to probate
to the heirs or legatee or devisee favored 2. After the will is admitted to probate, the legatee
can petition the court for the delivery to him of
• The legatee or devisee can actually choose the allowance provided that the debts and taxes of
things which are of superior quality or inferior the estate have been paid first.
quality or medium quality. There is no obligation
on his part to choose only the one which is of ARTICLE 946. If the thing bequeathed should be subject
to a usufruct, the legatee or devisee shall respect such right
medium quality.
until it is legally extinguished. (868a)
ARTICLE 943. If the heir, legatee or devisee cannot make
the choice, in case it has been granted him, his right shall pass • If the thing is subject to usufruct, the estate
to his heirs; but a choice once made shall be irrevocable. has no obligation to free the thing from the
(877a) usufruct because the legatee or devisee has to
respect the usufruct
• This is a reiteration of Article 940 • This is related to Article 934
• As long as the charge or burden is not to
Limitations of the right of choice: (in alternative secure a recoverable debt, that shall pass on to
legacies/devisees or in generic/indeterminate the heirs, legatees or devisees
legacies/devisees)
1. The choice is limited to things alternatively the ARTICLE 947. The legatee or devisee acquires a right to
object of legacy or devise. If it is a generic the pure and simple legacies or devises from the death of
legacy of a car, he can choose only a car. He the testator, and transmits it to his heirs. (881a)
cannot choose a house.
2. He cannot choose an illegal or impossible thing • A pure and simple legacy or devise is one
or that which could not have been intended by that is immediately demandable upon the death
the testator. of the testator. It is not subject to a condition, a
3. No right of choice when among legacies or term or a mode
devises only one is practicable. • As long as the testator is already dead, the
right of the legatee or devisee becomes vested
ARTICLE 944. A legacy for education lasts until the legatee
already. If the legatee or the devisee dies prior
is of age, or beyond the age of majority in order that the
legatee may finish some professional, vocational or general to the delivery of the legacy or devise, his heirs
course, provided he pursues his course diligently. may enforce the legacy or devise.
A legacy for support lasts during the lifetime of the • It is different if the legatee or devisee dies
legatee, if the testator has not otherwise provided. ahead of the testator. In that case, the heirs of
If the testator has not fixed the amount of such legacies,
it shall be fixed in accordance with the social standing and the
the legatee or devisee cannot demand from the
circumstances of the legatee and the value of the estate. estate. When it comes to the free portion, there
If the testator during his lifetime used to give the legatee is no right of representation.
a certain sum of money or other things by way of support, the
same amount shall be deemed bequeathed, unless it be
• If the property is specific, then you acquire
markedly disproportionate to the value of the estate. (879a)
the property from the testator’s death
• If the property is generic, then from the time
• LEGACY OF EDUCATION of the selection. Although you have right to the
GENERAL RULE: The legacy of education lasts up legacy or devise from the time of death but as to
to the age of majority (18 years old) the property itself, you have the right over the
EXCEPTION: Beyond the age of majority in order property from the time of selection
that the legatee may finish some professional, • If it is alternative, from the time of selection
vocational or general course, provided he pursues also
his course diligently
• If it is to be acquired from a stranger, from
the time of acquisition
• LEGACY OF SUPPORT • If the legacy or devise is subject to a
GENERAL RULE: As long as the legatee is alive the condition, as long as the condition is fulfilled, it
legacy for support lasts retroacts to the death of the testator
EXCEPTION: The testator can provide otherwise • If the legacy or devise is subject to a term, if
• If the legacy is charged against the estate, then the legatee or devisee dies prior to the arrival of
it should not exceed the value of the free disposal the term, he acquired the right from the time of
death but the right to the property vests only
• But if the legacy is charged against an heir or
upon the arrival of the term
another legatee, then the value should not exceed
the inheritance of that heir or legatee charged with
the legacy for support or education
ARTICLE 948. If the legacy or devise is of a specific and
determinate thing pertaining to the testator, the legatee or
• RIGHT OF ADEMPTION is the process of
giving effect inter vivos to a disposition mortis
devisee acquires the ownership thereof upon the death of the
testator, as well as any growing fruits, or unborn offspring of causa. He wants to give effect to the legacy
animals, or uncollected income; but not the income which was intervivos which is disposition mortis causa
due and unpaid before the latter's death. during the lifetime of the testator because the
From the moment of the testator's death, the thing testator says the legacy is to be effective if and
bequeathed shall be at the risk of the legatee or devisee, who only if I have not done this during my lifetime.
shall, therefore, bear its loss or deterioration, and shall be
benefited by its increase or improvement, without prejudice to ARTICLE 949. If the bequest should not be of a specific
the responsibility of the executor or administrator. (882a) and determinate thing, but is generic or of quantity, its fruits
and interests from the time of the death of the testator shall
• This talks about specific or determinate thing pertain to the legatee or devisee if the testator has
expressly so ordered. (884a)
• If a parcel of land is devised, growing fruits and
crops at the time of the death of the testator shall
be included in the delivery to the devisee. Those • In Article 949, the devise or legacy is a
which are already harvested or gathered no longer generic thing
form part of the devise or legacy. Only the growing • Money is generic, unless serial number is
crops are included, by virtue of accession. provided 
• Unborn offsprings are also included
• The interest accrues only from the time of
• Uncollected income are also include. default. There is default when there is already
Uncollected income are income that should have demand.
accrued after the death of the testator
• Accrued means it is already due and GENERAL RULE: The right to the fruit does not pertain
demandable to the legatee/devisee prior to selection and even
• After-acquired properties (under Article 793) after the death of the testator
are not to be included because they were acquired EXCEPTION: If the testator expressly provides that
after the institution of the will up to the time before the legatee/devisee will still get the fruits prior to
the death of the testator selection
ARTICLE 781 NEW CIVIL CODE. The inheritance of a ARTICLE 950. If the estate should not be sufficient to
person includes not only the property and the cover all the legacies or devises, their payment shall be
transmissible rights and obligations existing at the made in the following order:
time of his death, but also those which have accrued (1) Remuneratory legacies or devises;
thereto since the opening of the succession. (n) (2) Legacies or devises declared by the testator to be
preferential;
(3) Legacies for support;
ARTICLE 793 NEW CIVIL CODE. Property acquired
(4) Legacies for education;
after the making of a will shall only pass thereby, as
(5) Legacies or devises of a specific, determinate thing
if the testator had possessed it at the time of making
which forms a part of the estate;
the will, should it expressly appear by the will that
(6) All others pro rata. (887a)
such was his intention. (n)
• Article 950 talks about the order of payment

• 2nd paragraph provides that from the moment if the estate is not sufficient to pay all the
of death, the legatee or devisee becomes the legacies or devises (RPSESA)
owner. We have the principle of res perit
• R – remuneratory legacies or devises
domino, wherein the owner bears the risk of the
P - preferred
loss. But he shall also bear the benefit of the
S - support
improvement.
E - education
• But if the loss is by fault of anyone other than S – specific things
the legatee/devisee, apply the rule on quasi-delict A – all others
or obligations and contracts. 1. Remuneratory legacies or devises
• Example: If there is a delay in the delivery of • Those which are made by the testator in
the thing given as legacy/devise and the consideration of the service made by the legatee
legatee/devisee already demanded for it, and the or devisee but that which does not constitute a
thing is lost before the delivery, the estate, the heir recoverable debt
or legatee or devisee burdened shall bear the loss. 2. Preferred legacy or devise
• The heir of the legatee/devisee in Article 948 • Those which are declared by the testator to
need not pay the testator for the expenses with be preferred
respect to the production under Article 443. The 3. Support
testator is not considered as a third person. The
legatee/devisee is merely succeeding to the rights • Under the Family Code, support comprises
of the testator everything indispensable – food, shelter, clothing,
education.
Article 443 NEW CIVIL CODE. He who receives the • In succession, if we are talking of support, we
fruits has the obligation to pay the expenses made do not include education
by a third person in their production, gathering and 4. Education
preservation. 5. Specific Legacy or Devise
Applicability of Article 948:

• Even if it is specific legacy or devise but it is
1. Simple and pure legacy/devise not yet on the estate and it is to be acquired from
2. Legacies and devises subject to resolutory another person or another estate, it is not
condition included in the legacy or devise of a specific
3. Legacies and devises subject to suspensive determinate thing. If the legacy/devise is to be
condition in view of the retroactive effect of the taken from another person to be given to the
condition once it is fulfilled legatee/devisee, that falls under “all others pro-
rata”
Bar Question: What is a Right of Ademption? 6. Among all other pro-rata
Order under Article 911: • The debts and obligations of the estate must
1. Legitime first be paid and afterwards, if there is excess, we
now have the delivery of the legacy, devise or
2. Donations inter vivos
inheritance.
3. Preferred legacies/devises
4. All others pro rata ARTICLE 954. The legatee or devisee cannot accept a
part of the legacy or devise and repudiate the other, if the
Article 911 Article 950 latter be onerous.
This article is applied This article is applied when Should he die before having accepted the legacy or
when there is/are there NO compulsory heirs devise, leaving several heirs, some of the latter may accept
and the others may repudiate the share respectively
compulsory heir/s and their legitimes are in belonging to them in the legacy or devise. (889a)
AND/OR there are danger of being impaired
donations inter vivos AND/OR there are NO
donations inter vivos. All • This article refers to one legacy or devise,
you have to do is, among which partly onerous and partly gratuitous
the legacies/devises which • The devisee cannot just accept the part which
of them should be given has no burden imposed and repudiate the part
priority over the other. If which is onerous
there are compulsory heirs
but their legitimes are not • But he can choose to accept the onerous and
impaired, you apply Article reject the gratuitous part
950. • If the legatee or devisee dies, his right may
• If there are no compulsory heirs, there is no be exercise by his heirs
need to collate the donations because the purpose
of collation is only to determine the legitime. ARTICLE 955. The legatee or devisee of two legacies or
devises, one of which is onerous, cannot renounce the
onerous one and accept the other. If both are onerous or
ARTICLE 951. The thing bequeathed shall be delivered gratuitous, he shall be free to accept or renounce both, or to
with all its accessions and accessories and in the condition in renounce either. But if the testator intended that the two
which it may be upon the death of the testator. (883a) legacies or devises should be inseparable from each other,
the legatee or devisee must either accept or renounce both.
ARTICLE 952. The heir, charged with a legacy or devise, or Any compulsory heir who is at the same time a legatee
the executor or administrator of the estate, must deliver the or devisee may waive the inheritance and accept the legacy
very thing bequeathed if he is able to do so and cannot or devise, or renounce the latter and accept the former, or
discharge this obligation by paying its value. waive or accept both. (890a)
Legacies of money must be paid in cash, even though the
heir or the estate may not have any.
The expenses necessary for the delivery of the thing • Article 955 refers to two or more legacies or
bequeathed shall be for the account of the heir or the estate, devises
but without prejudice to the legitime. (886a) • The same rule - the legatee or devisee cannot
renounce the onerous and accept the gratuitous.
• The obligation of the heir, legatee, devisee or
estate charged is to deliver the very same thing to • If both are onerous or gratuitous, he can just
be given accept or renounce both or either, unless the
testator intends that the two legacies or devises
• The estate cannot just discharge the legacy or shall be inseparable
devise by paying the value of the thing devised or
bequeathed • A compulsory heir who is a legatee or
devisee, may waive his inheritance and accept
• If the legacy is for cash, even if the estate has the legacy or either way, accept the inheritance
no cash, the estate has to sell property so that it and renounce the legacy or accept both or
may generate cash renounce both
• Even in alternative legacies/devises, you have
to deliver the thing which is contemplated within ARTICLE 956. If the legatee or devisee cannot or is
the selection unwilling to accept the legacy or devise, or if the legacy or
• The burdened heir, legatee/devisee or the devise for any reason should become ineffective, it shall be
merged into the mass of the estate, except in cases of
estate shall bear the expenses for the delivery of substitution and of the right of accretion. (888a)
the thing bequeathed or devised. If he is a
compulsory heir, the expenses should not such as
to affect the legitime of compulsory heir. • If the legatee or devisee does not want to
accept or cannot accept or is disqualified from
ARTICLE 953. The legatee or devisee cannot take accepting, it shall be merged into the mass of the
possession of the thing bequeathed upon his own authority, estate. It shall go by way of legal succession,
but shall request its delivery and possession of the heir subject to the rights of substitution and the rights
charged with the legacy or devise, or of the executor or of accretion
administrator of the estate should he be authorized by the
court to deliver it. (885a) • Remember that we have the rule on ISRAI as
to the order which has to be followed in case
there is vacancy in the portion inherited:
• There should be an authority by the court that 1. INSTITUTION
the thing shall now be delivered to the legatee or 2. SUBSTITUTION
devisee 3. REPRESENTATION
• A legatee or devisee, from the moment of 4. ACCRETION
death, theoretically, is already entitled to the 5. INTESTATE SUCCESSION
legacy or devise. But he cannot immediately
demand the delivery because there has to be ARTICLE 957. The legacy or devise shall be without
proceedings conducted. effect:
(1) If the testator transforms the thing bequeathed in such
• We are talking of testate proceedings because a manner that it does not retain either the form or
this is legacy or devise. the denomination it had;
(2) If the testator by any title or for any cause alienates the  If the loss is the fault of the heir charged with
thing bequeathed or any part thereof, it being understood
the obligation to deliver, then, the heir has
that in the latter case the legacy or devise shall be
without effect only with respect to the part thus alienated. If the obligation to pay the legatee for the value
after the alienation the thing should again belong to the of the thing lost
testator, even if it be by reason of nullity of the contract, the  When the thing is not specific, it is generic or
legacy or devise shall not thereafter be valid, unless the determinate, then the choice pertains to the
reacquisition shall have been effected by virtue of the estate or the legatee/devisee or the heir
exercise of the right of repurchase; charged, in which case they should not
(3) If the thing bequeathed is totally lost during the lifetime of
deliver a thing which has defect
the testator, or after his death without the heir's fault.
Nevertheless, the person obliged to pay the legacy or
devise shall be liable for eviction if the thing bequeathed ARTICLE 958. A mistake as to the name of the thing
should not have been determinate as to its kind, in bequeathed or devised, is of no consequence, if it is possible
accordance with the provisions of Article 928. (869a) to identify the thing which the testator intended to bequeath
or devise. (n)
• Article 957 talks of revocation of a legacy or

• This article is related to Article 789 and 844
devise by operation of law. Because of the act
performed by the testator, the law presumes that • If there is a mistake as to the name of the
there is revocation. thing, it is still possible to determine what is the
thing referred to by the testator as a devise or
1. TRANSFORMS THE THING legacy. You can use the rules of interpretation,
especially, those rules in latent or patent
 The thing here refers to a specific thing
ambiguity.
because if it is a generic thing then you do not
know prior to selection which of the thing in • So, the devise or legacy remains valid
the estate of the testator is being bequeathed
or devised ARTICLE 959. A disposition made in general terms in
favor of the testator's relatives shall be understood to be in
 The transformation must be IN FORM favor of those nearest in degree. (751)
(appearance of the thing) or IN DENOMINATION
(name being given to the thing)
• Article 959 talks of a COLLECTIVE
 When the testator transforms the thing such INSTITUTION, wherein there is a disposition
that it does not retain the form or the made in general terms in favor of the testator’s
denomination it had, then, there is relatives
REVOCATION of the legacy or devise and the • Under this article, the only rule to be followed
legacy/devise becomes ineffective
is the RULE OF PROXIMITY, the nearer relatives
2. ALIENATES THE THING
exclude the farther.
 The alienation made by the testator should be
• There is no right of representation here and
made with the intent to part with the thing
we do not follow the rule that those who are in
 If the testator alienates PART of the property the descending line are favored over those in the
then the revocation is only as to the part ascending line and that those who are in the
alienated. So only partial not entire revocation direct line are favored over those who are in the
 If after the alienation the thing should again collateral line. We just follow one rule.
belong to the testator, the law says “the legacy • The law recognizes only those who are within
or devise shall not thereafter be valid” the 5th degree within the collateral line as the
 Even if the alienation was void by reason of legal relatives of the testator. If there are no
nullity of the contract so that the property relatives within that line, then, the estate shall be
returns to the testator, still the legacy or devise given in favor of the State.
shall not be valid
• If it is a direct line, there is no limit. But if
 If the alienation was annulled because there you are talking of a collateral line, only within the
was fraud or intimidation or mistake on the part 5th degree of consanguinity.
of the testator, the devise would be valid
because the law presupposes a voluntary • If the testator’s words are “to all those who
alienation by the testator are entitled thereto”, he would be referring to the
legal or intestate heirs. We follow the rule on
 If the reacquisition shall have been effected by intestate succession and thus, we are not limited
virtue of the exercise of the right repurchase, by only one rule on proximity.
the devise or legacy would still be valid
• If the testator says “I am giving this house
 The right to repurchase must be included in the and lot to the relatives of my wife”, Article 959
contract of sale itself or in the contract wherein cannot be applied because Article 959 only refers
the testator alienated the thing devised or to the testator’s relatives.
bequeathed because if it is an absolute sale
and then, subsequently, he repurchases the
property, the devise should be void or it is CHAPTER 3
revoked Legal or Intestate Succession
 If subsequently, the legatee or devisee acquires SECTION 1
the thing devised or bequeathed, then, it General Provisions
depends whether or not his acquisition is by
onerous title or by gratuitous title ARTICLE 960. Legal or intestate succession takes
3. LOST OF THE THING place:
 A thing is considered LOST when it perishes, (1) If a person dies without a will, or with a void will, or one
which has subsequently lost its validity;
goes out of commerce or disappears in such a (2) When the will does not institute an heir to, or dispose of
way that its existence is unknown or it cannot all the property belonging to the testator. In such case,
be recovered legal succession shall take place only with respect to the
 The thing is lost WITHOUT the fault of the property of which the testator has not disposed;
testator (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 absence of the legitimate children, the legitimate
being no substitution, and no right of accretion takes parents or ascendants, we have the surviving
place; spouse and the state.
(4) When the heir instituted is incapable of succeeding,
except in cases provided in this Code. (912a) • This article does not yet talk about the
preference or order but as to who are entitled to
• Article 960 gives you the instances when there the estate in default of testamentary heirs
will be legal or intestate succession • Not all legal/intestate heirs are compulsory
• In legal or intestate succession it is based on heirs. But all compulsory heirs are legal heirs.
the presumed will of the testator • Brothers and sisters are legal heirs but they
are not compulsory heirs
1. Without a will, void will or subsequently lost
its validity
• There is no disinheritance in legal succession
because disinheritance occurs only when there is
 If a person dies without a will, his estate will go a will and that the will must be a valid will
by legal succession
• But there is EXCLUSION where legal heirs
 The will becomes void when it does not comply who are NOT compulsory heirs are not given
with the formalities required by law anything in the will
 By virtue of the revocation, the will loses • Even if you can exclude a legal heir who is
validity. Therefore, you cannot give effect to not a compulsory heir, you cannot exclude the
the will and the estate will be disposed of by State
way of intestacy • If you do not have heirs within the 5 th degree
2. No institution of heir then, the property has to go to the State
 An example is when the will only provides for • There is representation of the excluded legal
disinheritance wherein the will is effective as to heirs
the disinheritance and the rest of the estate
shall go by intestate succession Kinds of exclusion:
 The will does not dispose of all the property 1) Express Exclusion
belonging to the testator. In this case, there is 2) Implied Exclusion
mixed succession
3. Suspensive condition is not fulfilled, ARTICLE 962. In every inheritance, the relative nearest
predecease, repudiates in degree excludes the more distant ones, saving the right
of representation when it properly takes place.
 Suspensive condition is one wherein the Relatives in the same degree shall inherit in equal
institution is subject to the fulfillment of a shares, subject to the provisions of article 1006 with respect
condition. If the condition does not happen, the to relatives of the full and half blood, and of article 987,
institution cannot be given effect. paragraph 2, concerning division between the paternal and
maternal lines. (921a)
 If the heir dies ahead of the testator and
there is no representative to succeed, then,
there is intestate succession RULE ON PROXIMITY

In case of repudiation, there being no • The nearer excludes the farther
substitution, no representative and no right of
accretion then, there is intestacy. RULE OF EQUAL DIVISION
4. Incapacity GENERAL RULE: Relatives in the same degree shall
inherit in equal share
 If incapacitated, it shall go by way of legal EXCEPTIONS:
succession
(1) Article 1006 with respect to the
relatives of full blood and half blood. In legal
Other instances where legal or intestate
succession, the full blood relatives are entitled to
succession takes place:
twice as much as those of the half-blood
1. Preterition
relatives.
2. Improper disinheritance (2) Article 987 concerning the division
3. Fulfillment of a resolutory condition between the maternal and paternal lines
4. Arrival of the resolutory period (3) Right of representation
(4) In legal succession and the same in
Forced Succession Legal/intestate testamentary succession, illegitimate children
succession only get ½ of the share of one legitimate child.
Succession to the The dispositions are
legitime regardless of provided for by law SUBSECTION 1
the will of the testator. because it is based on the Relationship
Even if it is against the presumed will of the
desire of the testator, testator. ARTICLE 963. Proximity of relationship is determined by
but the heirs are the number of generations. Each generation forms a degree.
compulsory heirs then, (915)
the testator has to give
to these compulsory
heirs. • Relationship is blood (consanguinity) or
marriage (affinity) tie uniting a person to another
ARTICLE 961. In default of testamentary heirs, the law person
vests the inheritance, in accordance with the rules hereinafter
set forth, in the legitimate and illegitimate relatives of the ARTICLE 964. A series of degrees forms a line, which
deceased, in the surviving spouse, and in the State. (913a) may be either direct or collateral.
A direct line is that constituted by the series of degrees
among ascendants and descendants.
• The legal and intestate heirs of the decedent
are legitimate children and descendants,
illegitimate children or descendants. In the
A collateral line is that constituted by the series of • The adoptee can inherit from the adopter
degrees among persons who are not ascendants and • An adopted child cannot represent
descendants, but who come from a common ancestor. (916a)
• Neither may an adopted child be represented
ARTICLE 965. The direct line is either descending or ARTICLE 971. The representative is called to the
ascending. succession by the law and not by the person represented.
The former unites the head of the family with those who The representative does not succeed the person
descend from him. represented but the one whom the person represented
The latter binds a person with those from whom he would have succeeded. (n)
descends. (917)
ARTICLE 966. In the line, as many degrees are counted as

• Representative inherits not from the person
there are generations or persons, excluding the progenitor. represented but from the person to whom the
In the direct line, ascent is made to the common ancestor. person represented would have inherited
Thus, the child is one degree removed from the parent, two
from the grandfather, and three from the great-grandparent. ARTICLE 972. The right of representation takes place in
In the collateral line, ascent is made to the common the direct descending line, but never in the ascending.
ancestor and then descent is made to the person with whom In the collateral line, it takes place only in favor of the
the computation is to be made. Thus, a person is two degrees children of brothers or sisters, whether they be of the full or
removed from his brother, three from his uncle, who is the half blood. (925)
brother of his father, four from his first cousin, and so forth.
(918a) • In the collateral line, the right of
representation takes place only in favor of the
ARTICLE 967. Full blood relationship is that existing children of brothers or sisters (nephews or
between persons who have the same father and the same nieces)
mother.
Half blood relationship is that existing between persons • Right of representation never takes place in
who have the same father, but not the same mother, or the the ascending line
same mother, but not the same father. (920a)
ARTICLE 973. In order that representation may take
ARTICLE 968. If there are several relatives of the same place, it is necessary that the representative himself be
degree, and one or some of them are unwilling or capable of succeeding the decedent. (n)
incapacitated to succeed, his portion shall accrue to the others
of the same degree, save the right of representation when it • The representative must be capacitated to
should take place. (922)
inherit
ARTICLE 969. If the inheritance should be repudiated by
ARTICLE 974. Whenever there is succession by
the nearest relative, should there be one only, or by all the
representation, the division of the estate shall be made per
nearest relatives called by law to succeed, should there be
stirpes, in such manner that the representative or
several, those of the following degree shall inherit in their own
representatives shall not inherit more than what the person
right and cannot represent the person or persons repudiating
they represent would inherit, if he were living or could
the inheritance. (923)
inherit. (926a)
• This article talks about what happens when

there is repudiation • Remember that PER STIRPES means
inheritance by all those within the group
• The person who repudiates the inheritance inheriting in equal shares
CANNOT be represented
ARTICLE 975. When children of one or more brothers or
SUBSECTION 2 sisters of the deceased survive, they shall inherit from the
Right of Representation latter by representation, if they survive with their uncles or
aunts. But if they alone survive, they shall inherit in equal
ARTICLE 970. Representation is a right created by fiction portions. (927)
of law, by virtue of which the representative is raised to the
place and the degree of the person represented, and acquires ARTICLE 976. A person may represent him whose
the rights which the latter would have if he were living or if he inheritance he has renounced. (928a)
could have inherited. (924a)
ARTICLE 977. Heirs who repudiate their share may not

Instances where there is right of representation:
be represented. (929a)
1) Predecease
2) Incapacity
• A renouncer may represent but he may not
3) Disinheritance
be represented
• A renouncer, for motives of his own, does so
• The right of representation takes place in both voluntarily. His act of repudiation takes away his
testate and intestate succession right to dispose of the property
• Disinheritance is only in testate succession • In cases of incapacity or disinheritance,
because you have to have a will however, the loss is involuntary. The children of
the incapacitated or disinherited person should
• In testate succession, representation covers
not be deprived of the right of representation.
only the legitime
They should not suffer for having an unworthy
• In legal or intestate succession, the right of parent
representation, when proper, covers ALL that the
person being represented would have inherited SECTION 2
• The right of representation covers not only the Order of Intestate Succession
properties but also the transmissible rights and SUBSECTION 1
obligations Descending Direct Line
• In adoption, the relationship that is created is
only between the adopter and the adoptee ARTICLE 978. Succession pertains, in the first place, to
the descending direct line. (930)
• If the adopter dies ahead of his parents, the
adoptee cannot represent the adopter
• Descendants are preferred
• The nearer excludes the farther shall go to the paternal and the other half to the maternal
• Compulsory heirs, with the legitimate ascendants. In each line the division shall be made per
capita. (937)
descendant, are concurrent intestate heirs
SUBSECTION 3
ARTICLE 979. Legitimate children and their descendants Illegitimate Children
succeed the parents and other ascendants, without distinction
as to sex or age, and even if they should come from different ARTICLE 988. In the absence of legitimate descendants
marriages. or ascendants, the illegitimate children shall succeed to the
An adopted child succeeds to the property of the adopting entire estate of the deceased. (939a)
parents in the same manner as a legitimate child. (931a)
ARTICLE 989. If, together with illegitimate children,
ARTICLE 980. The children of the deceased shall always there should survive descendants of another illegitimate
inherit from him in their own right, dividing the inheritance in child who is dead, the former shall succeed in their own
equal shares. (932) right and the latter by right of representation. (940a)
• This is true even if the children come from • Descendants in this article refers to
different marriages, for after all, the dead parent is legitimate and illegitimate descendants, since the
the common parent law does not distinguish
• The grandchildren inherit by right of
ARTICLE 981. Should children of the deceased and representation in order not to prejudice the
descendants of other children who are dead, survive, the children left
former shall inherit in their own right, and the latter by right of
representation. (934a)
ARTICLE 990. The hereditary rights granted by the two
preceding articles to illegitimate children shall be
ARTICLE 982. The grandchildren and other descendants transmitted upon their death to their descendants, who shall
shall inherit by right of representation, and if any one of them inherit by right of representation from their deceased
should have died, leaving several heirs, the portion pertaining grandparent. (941a)
to him shall be divided among the latter in equal portions.
(933)
• According to Paras, it is believed that Articles
989 and 990 apply not only to predecease but
• When the children are ALL dead, the
also to incapacity and disinheritance
grandchildren inherit by right of representation,
provided that representation is proper • In repudiation, there is no right of
representation
• When ALL the children repudiate, there is no
right of representation and therefore the
ARTICLE 991. If legitimate ascendants are left, the
grandchildren inherit in heir own right, per capita
illegitimate children shall divide the inheritance with them,
and in equal portions taking one-half of the estate, whatever be the number of the
ascendants or of the illegitimate children. (942, 841a)
ARTICLE 983. If illegitimate children survive with
legitimate children, the shares of the former shall be in the
proportions prescribed by article 895. (n) • If illegitimate children survive with legitimate
ascendants, the sharing would be one-half
• The shares of the illegitimate children are to be • When there are illegitimate children and no
taken only from the half, which is the free portion legitimate children, the legitimate ascendants
inherit half in intestate succession
ARTICLE 984. In case of the death of an adopted child, • When there are legitimate children,
leaving no children or descendants, his parents and relatives legitimate ascendants are excluded
by consanguinity and not by adoption, shall be his legal heirs.
(n)
• Although illegitimate children are placed 3rd in
the order of intestate succession, the presence of
the legitimate descendants and ascendants does
• The adopted child shall become the legal heir of not exclude them. They are concurring intestate
his adoptive parents and shall also remain the legal heirs.
heir of his natural parents
• In case of the death of the adopted child, his GENERAL RULE for all cases of PARTIAL INTESTACY:
parents and relatives by nature, and not by Charge the legacies to the intestate shares of
adoption, shall be his legal heirs those given by law on intestate succession more than
their respective legitimes, without impairing said
SUBSECTION 2 legitimes. Moreover, the charging must be
Ascending Direct Line proportionate to the amount in the intestate share
over and above that given by law as legitime.
ARTICLE 985. In default of legitimate children and
descendants of the deceased, his parents and ascendants ARTICLE 992. An illegitimate child has no right to inherit
shall inherit from him, to the exclusion of collateral relatives. ab intestato from the legitimate children and relatives of his
(935a) father or mother; nor shall such children or relatives inherit
in the same manner from the illegitimate child. (943a)
• Parents and ascendants referred to in this
article should be legitimate • Article 992 is the Principle of Absolute
Separation with the legitimate family and the
ARTICLE 986. The father and mother, if living, shall inherit illegitimate family. There is Reciprocal
in equal shares. prohibition. This is prohibition is also called the
Should one only of them survive, he or she shall succeed
IRON-CLAD BARRIER.
to the entire estate of the child. (936)
• If the person to be represented is an
ARTICLE 987. In default of the father and mother, the
ILLEGITIMATE, he can be represented by his
ascendants nearest in degree shall inherit. legitimate and illegitimate children
Should there be more than one of equal degree belonging • If the person to represented is a LEGITIMATE
to the same line they shall divide the inheritance per capita; child, he can only be represented by his own
should they be of different lines but of equal degree, one-half legitimate children
5. Brothers & sisters subject to Article 992.

Articles 902, 989 & Article 992 (Illegitimate brothers & sisters cannot inherit
992 from him)
General Rule: These Exception: Even if
speak of the successional illegitimate children have
6. Nephews & nieces subject to Article 992;
right of illegitimate the right to succeed from 7. Collateral relatives up to the 5th degree
children which rights are their parents they cannot subject to Article 992
transmitted to their inherit from the 8. The State.
descendant upon their RELATIVE of their
death whether legitimate parents. • Legitimate children excludes the parents,
or illegitimate. brothers & sisters, nephews & nieces and other
collateral relatives
Table of Intestate Shares:
• Legitimate children concur with the spouse
Illegitimate Children – ½ Illegitimate Child alone – • Illegitimate children concur with the spouse
Surviving Spouse – ½ ALL • Illegitimate excludes brothers & sisters,
Illegitimate Children – ¼ Legitimate Parents Alone nephews & nieces of the deceased
Surviving spouse – ¼ – All • Parents also excludes the brothers & sisters,
Legitimate Parents – ½ nephews & nieces and other collateral relatives
Illegitimate Children - ½ Illegitimate Parents Alone • Parents concur with the surviving spouse
Legitimate Parents – ½ – All • Surviving spouse concur with the brothers &
Legitimate Parents – ½ Surviving Spouse Alone - sisters or nephews & nieces of the deceased
Surviving Spouse – ½ All
Illegitimate Parents – ½ Legitimate Child Alone – SUBSECTION 4
Surviving Spouse – ½ All Surviving Spouse
Surviving spouse – ½ 1 Legitimate Child – ½
Brothers & nieces, Surviving spouse – ½ ARTICLE 995. In the absence of legitimate descendants
nephews & nieces – ½ and ascendants, and illegitimate children and their
descendants, whether legitimate or illegitimate, the
2 or more legitimate child
surviving spouse shall inherit the entire estate, without
) prejudice to the rights of brothers and sisters, nephews and
Surviving spouse ) nieces, should there be any, under Article 1001. (946a)
Co
nsider spouse as 1 ARTICLE 996. If a widow or widower and legitimate
legitimate child and children or descendants are left, the surviving spouse has in
divide estate by total the succession the same share as that of each of the
number children. (834a)
ARTICLE 993. If an illegitimate child should die without • Article 996 speaks of “children”, and does not
issue, either legitimate or illegitimate, his father or mother expressly provide for a case when there is only
shall succeed to his entire estate; and if the child's filiation is one legitimate child, unlike in the case of the
duly proved as to both parents, who are both living, they shall
legitime
inherit from him share and share alike. (944a)
• If there is only one legitimate child concurring
with the surviving spouse and there are no other
ARTICLE 994. In default of the father or mother, an
relatives, both will get equal intestate shares, in
illegitimate child shall be succeeded by his or her surviving
spouse, who shall be entitled to the entire estate. accordance with the clear intent of the law to
If the widow or widower should survive with brothers and consider the spouse as a child
sisters, nephews and nieces, she or he shall inherit one-half of
the estate, and the latter the other half. (945a) ARTICLE 997. When the widow or widower survives with
legitimate parents or ascendants, the surviving spouse shall
Heirs of the ILLEGITIMATE CHILD: be entitled to one-half of the estate, and the legitimate
parents or ascendants to the other half. (836a)
1. Legitimate children and other legitimate
descendants ARTICLE 998. If a widow or widower survives with
2. Illegitimate children and other descendants illegitimate children, such widow or widower shall be
3. Illegitimate parents; ( NB: An illegitimate child entitled to one-half of the inheritance, and the illegitimate
has no legitimate ascendants) children or their descendants, whether legitimate or
4. Surviving spouse illegitimate, to the other half. (n)
5. Illegitimate brothers and sisters subject to
article 992; ARTICLE 999. When the widow or widower survives with
6. Nephews & nieces subject to rule in article 992 legitimate children or their descendants and illegitimate
(because nephews & nieces who are legitimate children or their descendants, whether legitimate or
cannot inherit from the illegitimate child.) illegitimate, such widow or widower shall be entitled to the
same share as that of a legitimate child. (n)
7. Other collateral relatives up to the 5th civil
degree of consanguinity ARTICLE 1000. If legitimate ascendants, the surviving
8. The State spouse, and illegitimate children are left, the ascendants
shall be entitled to one-half of the inheritance, and the other
half shall be divided between the surviving spouse and the
Heirs of the LEGITIMATE CHILD: illegitimate children so that such widow or widower shall
have one-fourth of the estate, and the illegitimate children
1. Legitimate children and heir legitimate the other fourth. (841a)
descendants
2. Legitimate parents and other legitimate
ARTICLE 1001. Should brothers and sisters or their
ascendants children survive with the widow or widower, the latter shall
3. Illegitimate children and their descendants be entitled to one-half of the inheritance and the brothers
and sisters or their children to the other half. (953, 837a)
4. Surviving spouse, without prejudice to the
rights of brothers & sisters, nephews & nieces
should there be any
• Brothers and sisters do not concur with
recognized illegitimate children of the deceased. In ARTICLE 1007. In case brothers and sisters of the half
fact, the former are excluded by the latter. blood, some on the father's and some on the mother's side,
are the only survivors, all shall inherit in equal shares
without distinction as to the origin of the property. (950)
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. (n) 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
Rules for SURVIVING SPOUSE: blood. (915)
 The decedent and the surviving spouse must be
legally married. ARTICLE 1009. Should there be neither brothers nor
 The surviving spouse must not be the guilty sisters, nor children of brothers or sisters, the other
party when there is legal separation. collateral relatives shall succeed to the estate.
The latter shall succeed without distinction of lines or
 There must be a decree of legal separation. If
preference among them by reason of relationship by the
there is no decree, she is not disqualified but whole blood. (954a)
she can be disinherited.
 If there is a reconciliation between the • If the deceased is survived by children of a
surviving spouse and the decedent prior to the predeceased full blood sister, and by children of a
death of the decedent, even if there is a decree predeceased half blood brother, each of the first
of legal separation, the surviving spouse is now group gets twice the share of each of the second
qualified. group
 In intestate succession there is no similar rule • The absence of brothers, sisters, nephews,
on death in articulo mortis. and nieces of the decedent is a precondition of
the other collaterals
 If there is a surviving spouse with 1 legitimate
child and 1 illegitimate child, there is no such
ARTICLE 1010. The right to inherit ab intestato shall not
provision in intestate succession applicable in extend beyond the fifth degree of relationship in the
this case. The rule is, give ½ to the legitimate collateral line. (955a)
child then the illegitimate child gets ½ of the
share of the legitimate child (same as testate
succession). The spouse gets the remainder • The collateral relatives are the brothers,
(which is ¼) because in testate succession the sisters, nephews and nieces, and the uncles and
spouse gets ¼. aunts and cousins.
 If there is partial intestacy, you charge the Rules for COLLATERAL RELATIVES:
legacy/devise to the share of one gets more by
intestacy than by testacy. In testate, the share  The nearer relative excludes the
of the spouse concurring with the parent is ¼, farther subject to the right of representation
while in intestacy ½. As long as the legitime of when proper.
the surviving spouse is not impaired.  If they are all in the same degree,
those who are in direct line are preferred over
SUBSECTION 5 those who are in the collateral line
Collateral Relatives  If both are in the direct line, those
who are in the descending line are favored over
ARTICLE 1003. If there are no descendants, ascendants, those who are in the ascending line. That is
illegitimate children, or a surviving spouse, the collateral why the descendants excludes the parents or
relatives shall succeed to the entire estate of the deceased in
ascendants.
accordance with the following articles. (946a)
 If both are in the collateral and the
same degree, those who are in the descending
• The collaterals referred to in this article are are favored over those in the ascending. That
intestate, but not compulsory heirs is why the nephews & nieces are favored over
• Among said collaterals, the nearer excludes the the uncles & aunts.
farther  All of the brothers & sisters on the full
• Collaterals cannot inherit in the presence of blood will inherit in equal shares.
descendants  Those who are in the half blood, as
long as married, not illegitimate, entitled to ½
ARTICLE 1004. Should the only survivors be brothers and of the share of the full blood.
sisters of the full blood, they shall inherit in equal shares.
(947)  With respect to the heirs in the
collateral line, the right of representation
ARTICLE 1005. Should brothers and sisters survive together
extends only to the nephews & nieces (children
with nephews and nieces, who are the children of the of brothers & sisters).
descendant's brothers and sisters of the full blood, the former  Grandnephews & nieces and the
shall inherit per capita, and the latter per stirpes. (948) great grandnephews & nieces can no longer
represent.
• Although it is a fact that brothers and sisters of
a decedent, and their children, are collateral heirs,
 Between uncles & aunts vis-à-vis the
nephews & nieces, the nephews & nieces are
they are not given any share in the inheritance if
preferred
there is a will instituting the widow as the sole heir
of the estate
ARTICLE 1006. Should brothers and sisters of the full blood

survive together with brothers and sisters of the half blood,
SUBSECTION 6
the former shall be entitled to a share double that of the latter. The State
(949)
ARTICLE 1011. In default of persons entitled to succeed in
accordance with the provisions of the preceding Sections,
• The relative of the full blood does not exclude the State shall inherit the whole estate. (956a)
the relatives of the half-blood
1. There is only one inheritance, devise or
ARTICLE 1012. In order that the State may take possession legacy (unity of object);
of the property mentioned in the preceding article, the 2. Plurality of subjects – there must be at least 2
pertinent provisions of the Rules of Court must be observed.
(958a)
or more heirs, devisees of legatees instituted.
3. There is a vacant portion – meaning, one of
the heirs, devises, legatees instituted cannot
• Rule 91 (Escheats) of the Rules of Court shall
succeed.
be observed
4. Acceptance of the portion accruing by the
ARTICLE 1013. After the payment of debts and charges, the person entitled. (If there is no acceptance the
personal property shall be assigned to the municipality or city share will go by way of intestacy.)
where the deceased last resided in the Philippines, and the
real estate to the municipalities or cities, respectively, in
which the same is situated.
• There is unity of object when two or more
If the deceased never resided in the Philippines, the whole persons are called to the same inheritance. The
estate shall be assigned to the respective municipalities or property is not divided and the heirs, devisees or
cities where the same is located. legatees are called to the entire estate pro
Such estate shall be for the benefit of public schools, and indiviso
public charitable institutions and centers, in such • If there is already a specification ( north
municipalities or cities. The court shall distribute the estate as
portion, south portion), accretion is not proper
the respective needs of each beneficiary may warrant.
The court, at the instance of an interested party, or on its • With respect to money or fungible goods, as
own motion, may order the establishment of a permanent long as the share of devisee, legatee or heir is
trust, so that only the income from the property shall be used. not earmarked, there is still unity of object
(956a)
ARTICLE 1016. In order that the right of accretion may
• While the State actually inherits, still take place in a testamentary succession, it shall be
assignment of the properties to the proper necessary:
municipalities must be made (1) That two or more persons be called to the same
• The law makes a distinction as to whether or inheritance, or to the same portion thereof, pro indiviso;
not the deceased resided in the Philippines and
(2) That one of the persons thus called die before the
testator, or renounce the inheritance, or be
ARTICLE 1014. If a person legally entitled to the estate of incapacitated to receive it. (982a)
the deceased appears and files a claim thereto with the court
within five years from the date the property was delivered to
the State, such person shall be entitled to the possession of ARTICLE 1017. The words "one-half for each" or "in equal
the same, or if sold, the municipality or city shall be shares" or any others which, though designating an aliquot
accountable to him for such part of the proceeds as may not part, do not identify it by such description as shall make
have been lawfully spent. (n) 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
• In the absence of ALL those in the direct line heir is not earmarked, there shall be a right of accretion.
and ALL those within the 5th degree in the collateral (983a)
line, the State succeeds
In testamentary succession, accretion is proper
• CADUCIARY RIGHT is the right of the state to
if the vacancy is caused if one of the heirs:
succeed
1. Predeceased
• A claim must be filed within 5 years from the
2. Incapacitated;
date the property was delivered to the State
3. Repudiates the inheritance
4. If the suspensive condition is not fulfilled
CHAPTER 4
5. Failure to identify one particular heir
Provisions Common to Testate and Intestate
Successions
ARTICLE 1018. In legal succession the share of the person
SECTION 1 who repudiates the inheritance shall always accrue to his
Right of Accretion co-heirs. (981)
ARTICLE 1015. Accretion is a right by virtue of which, when

• This treats of accretion in intestacy
two or more persons are called to the same inheritance,
devise or legacy, the part assigned to the one who renounces • One who renounces cannot represented
or cannot receive his share, or who died before the testator, is
added or incorporated to that of his co-heirs, co-devisees, or ARTICLE 1019. The heirs to whom the portion goes by the
co-legatees. (n) right of accretion take it in the same proportion that they
inherit. (n)
• Accretion is based on the presumed will of the

testator that he prefers to give certain properties to • In intestate succession, accretion is proper if
certain individuals rather than that the property the vacancy is caused by repudiation or
shall go by way of intestacy incapacity (subject to the right of representation)
• Accretion is proper in both testate and intestate • There is no accretion in intestate succession
succession if the vacancy is caused by disinheritance
• In testate succession, it is proper only with
respect to the free portion ARTICLE 1020. The heirs to whom the inheritance accrues
• In intestate succession, it is proper with the shall succeed to all the rights and obligations which the heir
who renounced or could not receive it would have had.
entire portion
(984)
• This is the same in substation. The rights and

obligations shall pass to the others to whom the
shares will accrue
EXCEPTIONS:
Requisites of Accretion:
1. If the testator expressly provide that the other ARTICLE 1026. A testamentary disposition may be made
heirs will not be subject to the same rights and to the State, provinces, municipal corporations, private
corporations, organizations, or associations for religious,
obligations scientific, cultural, educational, or charitable purposes.
2. If the rights and obligations are personal to the All other corporations or entities may succeed under a
heir whose portion becomes vacant will, unless there is a provision to the contrary in their
charter or the laws of their creation, and always subject to
the same. (746a)
ARTICLE 1021. Among the compulsory heirs the right of
accretion shall take place only when the free portion is left to
two or more of them, or to any one of them and to a stranger. • Juridical persons inherit only by WILL
Should the part repudiated be the legitime, the other co-
heirs shall succeed to it in their own right, and not by the right • Under article 1026, some of these entities are
of accretion. (985) not juridical persons. Juridical personality is
acquired when it is registered.
• There can be no accretion insofar as the • Article 1026 grants capacity to succeed even
legitime is concerned to non-juridical persons
• Accretion, if it takes place, concerns only the • The STATE inherits by will or by intestacy by
free portion virtue of its caduciary right
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
ARTICLE 1027. The following are incapable of
pass to the legal heirs of the testator, who shall receive it with
succeeding:
the same charges and obligations. (986)
(1) The priest who heard the confession of the testator
during his last illness, or the minister of the gospel who
• This illustrates the order of preference (ISRAI) 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,
ARTICLE 1023. Accretion shall also take place among community, organization, or institution to which such
devisees, legatees and usufructuaries under the same priest or minister may belong;
conditions established for heirs. (987a) (3) A guardian with respect to testamentary dispositions
given by a ward in his favor before the final accounts
SECTION 2 of the guardianship have been approved, even if the
Capacity to Succeed by Will or by Intestacy 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,
ARTICLE 1024. Persons not incapacitated by law may
descendant, brother, sister, or spouse, shall be valid;
succeed by will or ab intestato.
(4) Any attesting witness to the execution of a will, the
The provisions relating to incapacity by will are equally
spouse, parents, or children, or any one claiming under
applicable to intestate succession. (744, 914)
such witness, spouse, parents, or children;
(5) Any physician, surgeon, nurse, health officer or druggist
• CAPACITY TO SUCCEED is the ability to who took care of the testator during his last illness;
inherit and retain property obtained mortis causa a
(6) Individuals, associations and corporations not permitted
• Capacity to succeed is governed by the law of by law to inherit. (745, 752, 753, 754a)
the nation of the decedent
1. Priest or Minister
Bar Question: What matters are governed by the
national law of the decedent?  to safeguard the right of the heirs who may
Under Article 15: be defrauded by the sinister and undue
1. The order of succession influence which may be exercised by some
priest and minister over a dying man
2. The amount of successional right
 The will must be made DURING THE LAST
3. The intrinsic validity of the testamentary ILLNESS of the testator
provision
 LAST ILLNESS means the illness of which the
4. The capacity to succeed. testator dies or the illness which immediately
preceded the death of the testator
ARTICLE 1025. In order to be capacitated to inherit, the
 The will must be made AFTER the confession
heir, devisee or legatee must be living at the moment the
succession opens, except in case of representation, when it is  The priest must hear the confession. If he
proper. merely extends spiritual aid, that is not
A child already conceived at the time of the death of the considered as confession. BUT with respect
decedent is capable of succeeding provided it be born later
to the minister, the giving of spiritual aid
under the conditions prescribed in article 41. (n)
disqualifies the minister.
 It does not matter whether the illness is long,
• Natural persons must be living AT THE TIME lingering or short as long as there is great
that the succession opens or AT THE TIME OF THE possibility of death
DEATH
 The disqualification under this paragraph
• But the word “living” includes those at least does not extend to the legitime, intestacy
conceived (Article 41). A conceived child is deemed and dispositions which do not extend to a
to have live from the moment of the complete testamentary benefit
separation from mother’s womb. 2. Relatives of such pries or minister within
• But if the child has an intra-uterine life LESS the 4th degree, the church, organization, etc.
THAN 7 MONTHS, he should be considered alive if 3. Guardians
the child does not die WITHIN 24 HOURS.  This refers to both to guardians over the
• In representation, the representative must also property and guardians of the person
be living or at least conceived at the moment the  As long as the final account has not been
succession opens approved, the guardian is prohibited from
being an heir, legatee/devisee of the testator
 What is important is that at the time of the 6. No place is specified or date is fixed for the
making of the will, the final accounts have not prayers
been approved. It does not matter that he is no
longer the guardian at the time of death. ARTICLE 1030. Testamentary provisions in favor of the
poor in general, without designation of particular persons or
 The prohibition only applies when the of any community, shall be deemed limited to the poor
institution is during the subsistence of the living in the domicile of the testator at the time of his death,
guardianship prior to the approval of the final unless it should clearly appear that his intention was
account otherwise.
The designation of the persons who are to be
 Unlike the priest, the relatives (spouse, considered as poor and the distribution of the property shall
ascendant, descendant, brother or sister) are be made by the person appointed by the testator for the
not disqualified, For the priest up to the 4th purpose; in default of such person, by the executor, and
degree they are disqualified. should there be no executor, by the justice of the peace, the
mayor, and the municipal treasurer, who shall decide by a
4. Attesting witnesses
majority of votes all questions that may arise. In all these
 If you give a legacy or devise only, the legacy cases, the approval of the Court of First Instance shall be
or devise is void but the witness is still qualified necessary.
The preceding paragraph shall apply when the testator
 But applying Article 823, if there are 3 other has disposed of his property in favor of the poor of a definite
witnesses who are competent, then the witness locality. (749a)
to whom the legacy or devise is given is
capacitated to inherit
5. Physicians, surgeons, etc • This is disposition in favor of the poor
 The will must be made DURING the LAST • This refers only to the poor living in the
ILLNESS and AFTER THE CARE had commenced domicile of the testator at the time of his death,
 The disqualification does not apply if the unless the testator has provided otherwise
physician or nurse is a compulsory heir • The institution is for the poor in general.
6. Individuals, associations and corporations not • When the testator says a poor of a definite
permitted by law to inherit locality, then the poor in that place.
• Insane persons have no testamentary
• Article 1027 still applies even if it is proved that capacity
there was no undue influence on the part of the
priest, guardian, or physician • But with respect to being heirs, insane
persons are capacitated
• Article 1027 provides for a conclusive
• Incapacity should be construed strictly
presumption. Being conclusive, you cannot present
controverting evidence Who will designate the persons who are
considered poor?
ARTICLE 1028. The prohibitions mentioned in article 739, 1. The person designated by the testator;
concerning donations inter vivos shall apply to testamentary
provisions. (n)
2. The executor;
3. Three people by majority vote
• This is incapacity by reason of public morality
Kinds of Incapacity
Applying the law on succession, the following 1. ABSOLUTE INCAPACITY – You cannot inherit from
donations shall be void: anybody under any circumstance.
1. When the testator and the recipient are 2. RELATIVE INCAPACITY – You can inherit only from
guilty of adultery or concubinage certain persons or can only inherit certain properties
2. When the testator and the recipient are under certain circumstances.
guilty of the same criminal offense in consideration
thereof Classes under Absolute Incapacity
3. Those made by the testator to a public 1. Article 1026 last paragraph : “All other
officer, or his wife, descendant and ascendant by corporations or entities may succeed under a will,
reason of his office unless there is a provision to the contrary in
their charter or the laws of their creation, and
ARTICLE 1029. Should the testator dispose of the whole or always subject to the same.”
part of his property for prayers and pious works for the benefit
2. Article 1027 paragraph 6 : “Individuals,
of his soul, in general terms and without specifying its
application, the executor, with the court's approval shall associations and corporations not permitted by
deliver one-half thereof or its proceeds to the church or law to inherit.”
denomination to which the testator may belong, to be used for 3. Those who lacks juridical personality
such prayers and pious works, and the other half to the State,
for the purposes mentioned in article 1013. (747a) Classes under Relative Incapacity
1. Article 1027: Incapacity by reason of possible
• Article 1029 is commonly called the undue influence
Institution of the Soul. The soul is considered as 2. Article 1027 paragraphs 1-5: Incapacity by
an entity which does not have a juridical reason of public policy
personality but may otherwise inherit 3. Article 1028 Incapacity by reason of public
policy and morality
Requisites for the institution of the soul: 4. Article 1032: Incapacity by reason of
1. The disposition must be for prayers and pious unworthiness.
works
ARTICLE 1031. A testamentary provision in favor of a
2. The prayers and pious works must for the disqualified person, even though made under the guise of
benefit of the testator’s soul an onerous contract, or made through an intermediary, shall
3. The disposition must be in general term be void. (755)
4. It does not specify the application
5. No particular person is charged with the duty of • This article applies only to incapacity by
giving the money or property reason of possible influence and Incapacity by
reason of public morality. With respect to legitime and as well to the free portion. But
incapacity by reason of unworthiness, Article 1031 the incapacitated heir can be represented.
will not apply
ARTICLE 1033. The causes of unworthiness shall be
ARTICLE 1032. The following are incapable of succeeding by without effect if the testator had knowledge thereof at the
reason of unworthiness: time he made the will, or if, having known of them
(1) Parents who have abandoned their children or induced subsequently, he should condone them in writing. (757a)
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 • This article talks about PARDON OR
the life of the testator, his or her spouse, descendants, or CONDONATION
ascendants;
(3) Any person who has accused the testator of a crime for Condonation / Pardon Reconciliation
which the law prescribes imprisonment for six years or It is the unilateral of the It is a bilateral act. There
more, if the accusation has been found groundless;
testator. must be forgiveness and
(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 the heir must accept.
law within a month, unless the authorities have already
taken action; this prohibition shall not apply to cases Rules for Condonation:
wherein, according to law,
make an accusation;
there is no obligation to
• If the testator already knew the cause of the
(5) Any person convicted of adultery or concubinage with the unworthiness at the time of making the will
spouse of the testator; but still he provides something for that
(6) Any person who by fraud, violence, intimidation, or undue unworthy heir in the will, there is now an
influence should cause the testator to make a will or to IMPLIED CONDONATION.
change one already made; • The will in which the implied condonation is
(7) Any person who by the same means prevents another made must be valid and it must not be
from making a will, or from revoking one already made, or
revoked in order that there is implied
who supplants, conceals, or alters the latter's will;
(8) Any person who falsifies or forges a supposed will of the condonation because implied condonation is
decedent. (756, 673, 674a) dependent on the will.
• If knowledge comes only AFTER the execution
2nd paragraph: Any person who has been convicted of of the will, condonation must be in writing.
an attempt against the life of the testator, his or her This is EXPRESS CONDONATION
spouse, descendants, or ascendants
• If the cause for unworthiness is also a ground
 The incapacity must be measured AT THE TIME for disinheritance, the rule on disinheritance
of death of the testator applies. Thus, reconciliation is enough. There
 Such person is not incapacitated if the attempt is no requirement that the testator should
against the wife of the testator was made after condone it in writing. But if there is no
the death of the testator disinheritance and there is only act of
4th paragraph: Any heir of full age who, having unworthiness, if the testator knew of the act
knowledge of the violent death of the testator, should only after the execution of the will, there has
fail to report it to an officer of the law within a month, to be condonation in writing.
unless the authorities have already taken action; this • The only instance wherein an incapacitated
prohibition shall not apply to cases wherein, according heir is restored to capacity by the mere act of
to law, there is no obligation to make an accusation reconciliation is when there is a decree of
 18 years old is the legal age but 21 is the full legal separation the guilty spouse becomes
age incapacitated. But when there is subsequent
 Death must be violent. It must be caused by a reconciliation the decree shall be set aside
crime and the spouse will now be restored to
 Under the last sentence, paragraph 4 applies capacity.
only when there is an obligation to make an
accusation but there is no law in the Philippines ARTICLE 1034. In order to judge the capacity of the heir,
which obliges anyone to make an accusation devisee or legatee, his qualification at the time of the death
because in criminal cases, it is People of the of the decedent shall be the criterion.
In cases falling under Nos. 2, 3, or 5 of article 1032, it
Philippines versus the criminal. It is the State shall be necessary to wait until final judgment is rendered,
which prosecutes. As of the present, paragraph and in the case falling under No. 4, the expiration of the
4 has no application. month allowed for the report.
5th paragraph: Any persons convicted or adultery or If the institution, devise or legacy should be conditional,
concubinage with the spouse of the testator the time of the compliance with the condition shall also be
considered. (758a)
 The person convicted is the one incapacitated,
he is the unworthy. The spouse of the testator
is not incapacitated or unworthy. But the • In case of a suspensive conditional institution,
infidelity of the spouse constitutes a ground for the heir must be capacitated BOTH:
disinheritance. If there is a decree of legal 1. At the time of the testator’s death
separation, by law, the spouse who is guilty is 2. At the time the condition is fulfilled
disqualified from inheriting.
ARTICLE 1035. If the person excluded from the
 If there is now reconciliation between the guilty
inheritance by reason of incapacity should be a child or
spouse and the innocent spouse after the descendant of the decedent and should have children or
decree of legal separation has been granted, descendants, the latter shall acquire his right to the
the decree shall be set aside so the spouse will legitime.
now be reinstated to succeed to capacity. The person so excluded shall not enjoy the usufruct and
8th Paragraph: Any person who falsifies or forges a administration of the property thus inherited by his children.
supposed will of the decedent. (761a)
 Article 1032 applies to both testate or intestate
succession • In disinheritance, if a person is disinherited
 When it is the compulsory heir who becomes he can still be represented.
unworthy, the compulsory heir loses the
legitime and all other rights pertaining to the
• But the disinherited parent shall have no of the property, rights and obligations which are
usufruct and administration of the property transmitted to him thru the death of the decedent
received by the representative (Article 923). • Repudiation is the act by which the person
• This same rule applies to incapacity. The called to succeed to the inheritance manifest his
incapacitated heir can still be represented but the unwillingness to succeed to the same
incapacitated heir has no right of usufruct or • Rights may be waived provided that the
administration over the property received by the waiver is not contrary to law, morals, public
representative. policy, good customs or prejudicial to the right of
the person recognized by law. This is applicable
ARTICLE 1036. Alienations of hereditary property, and acts in acceptance and repudiation.
of administration performed by the excluded heir, before the • No person can be forced to accept the
judicial order of exclusion, are valid as to the third persons generosity of another
who acted in good faith; but the co-heirs shall have a right to
recover damages from the disqualified heir. (n) • Repudiation and acceptance are subsequent
to the death of the decedent. But their effects
retroact from the moment of death.
• The unworthiness must be declared by the
court • If you accept or repudiate before the death of
the decedent, it is void because it involves future
ARTICLE 1037. The unworthy heir who is excluded from the inheritance. Moreover, a will is essentially
succession has a right to demand indemnity for any expenses revocable so, the acceptance or repudiation is
incurred in the preservation of the hereditary property, and to premature
enforce such credits as he may have against the estate. (n)
GENERAL RULE: Acceptance and repudiation once
ARTICLE 1038. Any person incapable of succession, who, made are irrevocable
disregarding the prohibition stated in the preceding articles, EXCEPTION: When it was made through any of the
entered into the possession of the hereditary property, shall causes that vitiate consent or when an unknown will
be obliged to return it together with its accessions. appears.
He shall be liable for all the fruits and rents he may have
received, or could have received through the exercise of due
diligence. (760a) • Acceptance may be EXPRESS, TACIT or
PRESUMED
• Repudiation being an act of disposition, it
• Articles 1037 and 1038 speak of the rights and requires greater capacity and more formalities
obligations of the excluded unworthy heir than acceptance
ARTICLE 1039. Capacity to succeed is governed by the law

• Repudiation of hereditary rights partakes the
of the nation of the decedent. (n) nature of donations
• Acceptance of inheritance does not make the
ARTICLE 1040. The action for a declaration of incapacity heir personally liable for the debts and
and for the recovery of the inheritance, devise or legacy shall obligations of the decedent
be brought within five years from the time the disqualified
person took possession thereof. It may be brought by any one • Acceptance and Repudiation must be
who may have an interest in the succession. (762a) absolute, thus, not subject to condition
ARTICLE 1043. No person may accept or repudiate an

• The action for declaration of incapacity and inheritance unless he is certain of the death of the person
recovery of the inheritance shall be brought WITHIN from whom he is to inherit, and of his right to the
5 YEARS from the time the DISQUALIFIED heir took inheritance. (991)
possession of the property
• Only those who have an interest who will either Requisites:
stand to gain or lose by the exclusion of the 1. The heir must be certain of the death
incapacitated heir can bring the action (actual or presumed) of the decedent
2. The heir must be certain of his rights
SECTION 3 to the inheritance
Acceptance and Repudiation of the Inheritance 3. The heir must have free disposal of
his property
ARTICLE 1041. The acceptance or repudiation of the
inheritance is an act which is purely voluntary and free. (988) 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
• Acceptance and repudiation must be a free and may be accepted by their parents or guardians. Parents or
voluntary act guardians may repudiate the inheritance left to their wards
• The presence of vitiated consent gives rise to only by judicial authorization.
their revocability The right to accept an inheritance left to the poor shall
• There can be partial acceptance and partial belong to the persons designated by the testator to
determine the beneficiaries and distribute the property, or
repudiation in their default, to those mentioned in article 1030. (992a)
• Even the legitime may be repudiated since no
one can be compelled to accept the generosity of
HEIRS WHO MAY WHO MAY
another
ACCEPT REPUDIATE
MINORS Minors can be The repudiation
ARTICLE 1042. The effects of the acceptance or repudiation
shall always retroact to the moment of the death of the
represented by the
decedent. (989) by their parents/guardian
parents or s must be with
guardians judicial approval
• Acceptance is the act by which a person called (Minor himself for it to be valid.
to succeed to the inheritance of a decedent either cannot
by will or by law manifests his assent to the receipt accept)
POOR Acceptance
must be made (3) If he renounces it for a price in favor of all his co-heirs
by the person indiscriminately; but if this renunciation should be
designated by gratuitous, and the co-heirs in whose favor it is made
the testator or are those upon whom the portion renounced should
devolve by virtue of accretion, the inheritance shall
in his default,
not be deemed as accepted. (1000)
follow the
order made in
Article 1030. • Article 1050 enumerates the instances
(Justice of the wherein there is tacit acceptance
Peace, Mayor, • Under the 2nd paragraph, take note that the
Municipal renunciation must be in favor of one or some but
Treasurer) not all. When you renounce in favor of one or
CORPORATIONS/ May be made The lawful some, you are actually choosing who will receive.
ASSOCIATIONS/ by the lawful representative You are exercising dominion over your share and
ENTITIES representative may repudiate it is an act of ownership. Thus, there is tacit
. with court acceptance
approval.
PUBLIC OFFICIAL/ Must be with With the • Under the 3rd paragraph, if you renounce in
ESTABLISHMENT the approval approval of the favor of your co-heirs of ALL indiscriminately but
S of the government you were paid, then there is tacit acceptance
government because why would they pay you if you do not
MARRIED May accept on May repudiate own the share you are giving to them. BUT the
WOMAN her own on her own portion renounced should not devolve to the
without the without the other heirs who would succeed by virtue of
consent of her consent of her accretion if the renunciation is gratuitous.
husband husband.
DEAF-MUTE May accept May repudiate ARTICLE 1051. The repudiation of an inheritance shall be
made in a public or authentic instrument, or by petition
Who can read personally or personally or presented to the court having jurisdiction over the
and write thru an agent thru an agent. testamentary or intestate proceedings. (1008)
DEAF-MUTE Must be made Must be made by
who cannot read by the the guardian How do you repudiate?
or write guardian with court 1. Repudiation by public document
(because deaf approval 2. When repudiation is embodied in an authentic
mute who document
cannot read 3. By petition presented in court having jurisdiction
and write has over the testamentary or intestate proceeding
no juridical
capacity) ARTICLE 1052. If the heir repudiates the inheritance to
the prejudice of his own creditors, the latter may petition
ARTICLE 1045. The lawful representatives of corporations, the court to authorize them to accept it in the name of the
associations, institutions and entities qualified to acquire heir.
property may accept any inheritance left to the latter, but in The acceptance shall benefit the creditors only to an
order to repudiate it, the approval of the court shall be extent sufficient to cover the amount of their credits. The
necessary. (993a) excess, should there be any, shall in no case pertain to the
renouncer, but shall be adjudicated to the persons to whom,
ARTICLE 1046. Public official establishments can neither in accordance with the rules established in this Code, it may
accept nor repudiate an inheritance without the approval of belong. (1001)
the government. (994)
• The creditors can accept in behalf of the heirs
ARTICLE 1047. A married woman of age may repudiate an only if the heir repudiates and the repudiation
inheritance without the consent of her husband. (995a) prejudices the creditors
ARTICLE 1048. Deaf-mutes who can read and write may

• But in that case, creditors cannot accept the
accept or repudiate the inheritance personally or through an entire inheritance, devise /legacy. Only the
agent. Should they not be able to read and write, the amount sufficient to cover the credit.
inheritance shall be accepted by their guardians. These
guardians may repudiate the same with judicial approval. ARTICLE 1053. If the heir should die without having
(996a) accepted or repudiated the inheritance his right shall be
transmitted to his heirs. (1006)
ARTICLE 1049. Acceptance may be express or tacit.
An express acceptance must be made in a public or • The death of the heir should be after that of
private document. the decedent in order that Article 1053 may be
A tacit acceptance is one resulting from acts by which applied
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 ARTICLE 1054. Should there be several heirs called to the
not imply an acceptance of the inheritance if, through such inheritance, some of them may accept and the others may
acts, the title or capacity of an heir has not been assumed. repudiate it. (1007a)
(999a)
• If all the heirs accept, there is co-ownership
• The acts of mere preservation or administration • If one of them repudiates, there is accretion
do not constitute acceptance because these acts or substitution if there is a substitute
are not acts of dominion
ARTICLE 1055. If a person, who is called to the same
inheritance as an heir by will and ab intestato, repudiates
ARTICLE 1050. An inheritance is deemed accepted:
the inheritance in his capacity as a testamentary heir, he is
(1) If the heirs sells, donates, or assigns his right to a
understood to have repudiated it in both capacities.
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;
Should he repudiate it as an intestate heir, without
knowledge of his being a testamentary heir, he may still ARTICLE 1062. Collation shall not take place among
accept it in the latter capacity. (1009) compulsory heirs if the donor should have so expressly
provided, or if the donee should repudiate the inheritance,
• An heir is both a testamentary heir and an unless the donation should be reduced as inofficious. (1036)
intestate heir
• If you renounced your share in testamentary ARTICLE 1063. Property left by will is not deemed subject
to collation, if the testator has not otherwise provided, but
succession, it follows that you also renounced your the legitime shall in any case remain unimpaired. (1037)
share in legal succession
• If at the time of your being legal or intestate ARTICLE 1064. When grandchildren, who survive with
heir, you already knew that you are instituted as their uncles, aunts, or cousins, inherit from their
testamentary heir, you are deemed to have grandparents in representation of their father or mother,
repudiated both. But if at the time that you are they shall bring to collation all that their parents, if alive,
renouncing your being an intestate or legal heir, would have been obliged to bring, even though such
grandchildren have not inherited the property.
you do not know that you are also instituted heir in They shall also bring to collation all that they may have
a will, then you are not deemed to have renounced received from the decedent during his lifetime, unless the
your institution in the will because the presumption testator has provided otherwise, in which case his wishes
is that the shares of the heir in legal succession is must be respected, if the legitime of the co-heirs is not
just based on the presumed will of the testator. prejudiced. (1038)
ARTICLE 1056. The acceptance or repudiation of an

inheritance, once made, is irrevocable, and cannot be Items which are not subject to collation:
impugned, except when it was made through any of the
causes that vitiate consent, or when an unknown will appears.
1. If the testator provides that the donation shall
(997) not be collated, but subject to the rule that it
should not impair the legitime of the other
ARTICLE 1057. Within thirty days after the court has issued
compulsory heirs
an order for the distribution of the estate in accordance with 2. If the compulsory heir repudiated his share in
the Rules of Court, the heirs, devisees and legatees shall the inheritance. The donation will not be
signify to the court having jurisdiction whether they accept or revoked but if it is inofficious, the heir who
repudiate the inheritance. repudiated the inheritance will pay or give
If they do not do so within that time, they are deemed to
have accepted the inheritance. (n)
back the value to the other compulsory heirs
whose legitimes are impaired.
• Within 30 days, you must signify your 3. Those given to voluntary heirs, legatees and
acceptance or repudiation. Otherwise, the devisees. The donations given to them will
presumption is you have accepted the inheritance be charged to the free portion. If it will
impair the legitime of the other compulsory
• Article 1057 refers to presumed acceptance heirs, it has to be reduced. (Article 1063)
• Article 1050 refers to tacit acceptance 4. Expenses incurred by the parents in giving
their children the professional, vocational or
SECTION 4 other career (Article 1068)
Executors and Administrators
5. Wedding gifts (Article 1070)
ARTICLE 1058. All matters relating to the appointment,
powers and duties of executors and administrators and
GENERAL RULE: Expenses incurred by the parents in
concerning the administration of estates of deceased persons giving their children the professional, vocational or
shall be governed by the Rules of Court. (n) other career is not charged to the legitime of the
compulsory heirs but only to the free portion
ARTICLE 1059. If the assets of the estate of a decedent EXCEPTION: If the parents expressly provide that it
which can be applied to the payment of debts are not shall be charged to the legitime
sufficient for that purpose, the provisions of articles 2239 to
2251 on Preference of Credits shall be observed, provided that ARTICLE 1070. Wedding gifts by parents and ascendants
the expenses referred to in article 2244, No. 8, shall be those consisting of jewelry, clothing, and outfit, shall not be
involved in the administration of the decedent's estate. (n) reduced as inofficious except insofar as they may exceed
one-tenth of the sum which is disposable by will. (1044)
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
• These items are charged to the free portion
an estate, or trustee, in like manner as an individual; but it but subject to the limitation that they should not
shall not be appointed guardian of the person of a ward. (n) exceed 1/10 of the free portion
SECTION 5 ARTICLE 1065. Parents are not obliged to bring to

Collation collation in the inheritance of their ascendants any property
which may have been donated by the latter to their
children. (1039)
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 ARTICLE 1066. Neither shall donations to the spouse of
decedent, during the lifetime of the latter, by way of donation, the child be brought to collation; but if they have been given
or any other gratuitous title, in order that it may be computed by the parent to the spouses jointly, the child shall be
in the determination of the legitime of each heir, and in the obliged to bring to collation one-half of the thing donated.
account of the partition. (1035a) (1040)
ARTICLE 1067. Expenses for support, education, medical

• COLLATION means computing or adding attendance, even in extraordinary illness, apprenticeship,
certain values to the estate, and charging the same ordinary equipment, or customary gifts are not subject to
to the LEGITIME collation. (1041)
• COLLATION also means computing or adding
certain values to the estate, and charging the same • SUPPORT includes education but Article 1067
to the FREE PORTION separates support and education
• Education under this article means only up to 1. Property of the same nature, class and
HIGH SCHOOL education because there is separate quality
provision under Article 1068 as to professional, 2. If no property of the same nature, cash or
vocational and other careers security
3. Other property as may be necessary shall be
Items which are not collated to the legitime and sold at public auction
to the free portion because they are not included
in the computation in the net hereditary estate: Rules for movables:
1. Properties received from the testator by the 1. Property of the same nature, class or quality
children of the heir (Article 1065)
2. If none, the equivalent value of the property
2. Donations by the testator to the spouse of the
compulsory heir (Article 1066) – If the donation
was made to the spouses jointly, ½ is subject to • When the property donated is a MOVABLE
collation pertaining to the share of the heir property, there is NO RIGHT to sell at a public
3. Expenses for support, education, medical auction
attendance
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 the purpose 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. (1049)
ARTICLE 1068. Expenses incurred by the parents in giving

• In donation, there is immediate transfer of
their children a professional, vocational or other career shall
ownership. Thus, the fruits and interest from the
not be brought to collation unless the parents so provide, or time of the donation up to the death of the
unless they impair the legitime; but when their collation is testator shall belong to the donee
required, the sum which the child would have spent if he had • The fruits from the time of the death of the
lived in the house and company of his parents shall be testator shall pertain to the estate
deducted therefrom. (1042a)
ARTICLE 1076. The co-heirs are bound to reimburse to the
• When you give your child elementary or high donee the necessary expenses which he has incurred for the
preservation of the property donated to him, though they
school education , this is not generosity but a Moral may not have augmented its value.
Obligation on you part The donee who collates in kind an immovable, which
has been given to him, must be reimbursed by his co-heirs
ARTICLE 1069. Any sums paid by a parent in satisfaction of for the improvements which have increased the value of the
the debts of his children, election expenses, fines, and similar property, and which exist at the time the partition is
expenses shall be brought to collation. (1043a) effected.
As to works made on the estate for the mere pleasure
ARTICLE 1071. The same things donated are not to be of the donee, no reimbursement is due him for them; he
brought to collation and partition, but only their value at the has, however, the right to remove them, if he can do so
time of the donation, even though their just value may not without injuring the estate. (n)
then have been assessed.
Their subsequent increase or deterioration and even their
total loss or destruction, be it accidental or culpable, shall be
• This article talks the RULES FOR
for the benefit or account and risk of the donee. (1045a) RETURNING IN KIND
• When there is collation “in kind” (return of
• Only the value at the time of the perfection of the property or the value), the other heirs should
the donation should be collated reimburse the donee for the necessary expenses
• You have to reimburse the heir of the value of
ARTICLE 1072. In the collation of a donation made by both the improvements
parents, one-half shall be brought to the inheritance of the
father, and the other half, to that of the mother. That given by • The donee has the right to remove the
one alone shall be brought to collation in his or her improvements which are for his own pleasure if
inheritance. (1046a) the removal will not impair the property donated
ARTICLE 1073. The donee's share of the estate shall be ARTICLE 1077. Should any question arise among the co-
reduced by an amount equal to that already received by him; heirs upon the obligation to bring to collation or as to the
and his co-heirs shall receive an equivalent, as much as things which are subject to collation, the distribution of the
possible, in property of the same nature, class and quality. estate shall not be interrupted for this reason, provided
(1047) adequate security is given. (1050)
ARTICLE 1074. Should the provisions of the preceding

• Questions on collation do not interrupt
article be impracticable, if the property donated was
immovable, the co-heirs shall be entitled to receive its distribution – as long as adequate security is
equivalent in cash or securities, at the rate of quotation; and given
should there be neither cash nor marketable securities in the • Only properties received by gratuitous title
estate, so much of the other property as may be necessary may be the subject of collation
shall be sold at public auction. • When the estate proceedings have not yet
If the property donated was movable, the co-heirs shall reached the stage of partitioning and distributing
only have a right to select an equivalent of other personal
property of the inheritance at its just price. (1048)
the property, any question of collation that is
brought up can be regarded as having been
prematurely raised
• Article 1073 and article 1074 are the RULES
OF EQUALIZATION IN COLLATION SECTION 6
Partition and Distribution of the Estate
Rules for immovables: SUBSECTION 1
Partition
Requirements in order that there is valid
ARTICLE 1078. Where there are two or more heirs, the partition by the mandatary:
whole estate of the decedent is, before its partition, owned in 1. The mandatary should not be a co-heir
common by such heirs, subject to the payment of debts of the
deceased. (n)
because if he is one of the co-heirs his
partition may be tainted with impartiality.
ARTICLE 1079. Partition, in general, is the separation, 2. In case one of the heirs is subject to
division and assignment of a thing held in common among guardianship, it is required that there be
those to whom it may belong. The thing itself may be divided, notifications to the co-heirs, creditors,
or its value. (n) legatees or devisees
3. There has to be inventory of the estate
• Article 1079 defines PARTITION
ARTICLE 1082. Every act which is intended to put an end
• Before partition, there is co-heirship. This co- to indivision among co-heirs and legatees or devisees is
heirship is dissolved by partition. deemed to be a partition, although it should purport to be a
sale, an exchange, a compromise, or any other transaction.
How partition is made? (n)
1. JUDICIAL PARTITION
2. EXTRA-JUDICIAL PARTITION • There is no specific time as to when partition
is to be effected as long as it is intended to put
ARTICLE 1080. Should a person make a partition of his an end to indivision or to end the co-ownership
estate by an act inter vivos, or by will, such partition shall be
respected, insofar as it does not prejudice the legitime of the
ARTICLE 1083. Every co-heir has a right to demand the
compulsory heirs.
division of the estate unless the testator should have
A parent who, in the interest of his or her family, desires
expressly forbidden its partition, in which case the period of
to keep any agricultural, industrial, or manufacturing
indivision shall not exceed twenty years as provided in
enterprise intact, may avail himself of the right granted him in
article 494. This power of the testator to prohibit division
this article, by ordering that the legitime of the other children
applies to the legitime.
to whom the property is not assigned, be paid in cash. (1056a)
Even though forbidden by the testator, the co-
ownership terminates when any of the causes for which
• This is refers to Extra-judicial Partition by partnership is dissolved takes place, or when the court finds
the Decedent for compelling reasons that division should be ordered, upon
petition of one of the co-heirs. (1051a)
• This is subject to the limitation that the
legitimes of the compulsory heirs should not be GENERAL RULE: Heirs, whether compulsory or
impaired voluntary, can demand partition
EXCEPTION: When the testator has forbidden the
Kinds of extra-judicial partition by decedent: partition of the estate. But this prohibition shall not
1. By acts inter vivos exceed 20 years.
There is no requirement or no formalities
required. In partition, there is no transfer of Instances when the heirs may partition even if
ownership. There is merely a physical before 20 years:
determination of the portion to be given to the
heir.
1. When any of the causes for the
termination of the partnership (e.g. death)
2. By will
2. If the heirs themselves mutually
Formalities are required.
agree to partition
Kinds of extra-judicial partition by heirs:
3. Upon order of the court for
1. Orally
compelling reasons and upon petition of the
This is binding only between the heirs
heirs
themselves who are participants
2. By public instrument
ARTICLE 1084. Voluntary heirs upon whom some
This is binding even against the 3rd person.
condition has been imposed cannot demand a partition until
the condition has been fulfilled; but the other co-heirs may
Limitations of extra-judicial partition: demand it by giving sufficient security for the rights which
1. There are no debts; the former may have in case the condition should be
2. That everyone is of legal age or represented by complied with; and until it is known that the condition has
guardian. not been fulfilled or can never be complied with, the
partition shall be understood to be provisional. (1054a)
ARTICLE 1081. A person may, by an act inter vivos or mortis
causa, intrust the mere power to make the partition after his • A voluntary heir whose institution is subject
death to any person who is not one of the co-heirs. i to a condition cannot demand partition before the
The provisions of this and of the preceding article shall be fulfillment of the condition. The other heirs
observed even should there be among the co-heirs a minor or
concurring with such voluntary heir may demand
a person subject to guardianship; but the mandatory, in such
case, shall make an inventory of the property of the estate, partition provided they given security or cash
after notifying the co-heirs, the creditors, and the legatees or bond to safeguard the rights of the conditional
devisees. (1057a) heirs
GENERAL RULE: The right to demand partition does

• This is what you call the appointment of the not prescribe
MANDATARY EXCEPTION: When one of the heirs adversely
• MANDATARY is a person entrusted to make possesses the property and he has complied with all
the partition the requirements for acquisitive prescription
• The heirs are not bound by the partition made
ARTICLE 1085. In the partition of the estate, equality shall
by the mandatory. The heirs may accept or they
be observed as far as possible, dividing the property into
may reject. lots, or assigning to each of the co-heirs things of the same
• In case of conflict, the court may settle the nature, quality and kind. (1061)
conflict
ARTICLE 1086. Should a thing be indivisible, or would be
much impaired by its being divided, it may be adjudicated to SUBSECTION 2
one of the heirs, provided he shall pay the others the excess in Effects of Partition
cash.
Nevertheless, if any of the heirs should demand that the
ARTICLE 1091. A partition legally made confers upon each
thing be sold at public auction and that strangers be allowed
heir the exclusive ownership of the property adjudicated to
to bid, this must be done. (1062)
him. (1068)
• Note that if even ONE heir should demand a ARTICLE 1092. After the partition has been made, the co-
public auction, this must be done heirs shall be reciprocally bound to warrant the title to, and
the quality of, each property adjudicated. (1069a)
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 • For warranty against eviction
useful and necessary expenses made upon such property, and to be enforceable, it is enough that there be a
for any damage thereto through malice or neglect. (1063) burden or encumbrance that must be respected.
It is not necessary that the heir be deprived full
Reimbursement made by co-heirs: ownership
1. Income and fruits • Eviction here does not have
2. Useful and necessary expenses to be by final judgment before recourse to the
3. Damages thru malice or neglect warranty can be sought, as long as no heir
objects
ARTICLE 1088. Should any of the heirs sell his hereditary
rights to a stranger before the partition, any or all of the co- Effects of partition:
heirs may be subrogated to the rights of the purchaser by
reimbursing him for the price of the sale, provided they do so
1. Once there is partition, the heirs will be the
within the period of one month from the time they were exclusive owners of the thing given to them
notified in writing of the sale by the vendor. (1067a) or delivered to them (Article 1091)
2. There is a reciprocal and proportionate
• This article talks about LEGAL REDEMPTION warranty (Article 1092)
Requisites for the exercise of legal redemption: ARTICLE 1093. The reciprocal obligation of warranty
referred to in the preceding article shall be proportionate to
1. There are two or more heirs
the respective hereditary shares of the co-heirs, but if any
2. There is a sale of hereditary right one of them should be insolvent, the other co-heirs shall be
• There must be a sale or other liable for his part in the same proportion, deducting the part
onerous disposition corresponding to the one who should be indemnified.
• The sale must be voluntary or Those who pay for the insolvent heir shall have a right
forced as in the case of sales on execution of action against him for reimbursement, should his financial
condition improve. (1071)
3. The buyer must be a stranger
4. The sale must be made BEFORE
partition ARTICLE 1094. An action to enforce the warranty among
5. At least one co-heir must demand co-heirs must be brought within ten years from the date the
right of action accrues. (n)
partition
• If all of the of the co-heirs • The period of exercise of the
demand partition, they shall be allowed to warranty is 10 years
redeem the proportionate share pertaining
to them ARTICLE 1095. If a credit should be assigned as
6. The demand must be made within one collectible, the co-heirs shall not be liable for the
month from Notification in Writing subsequent insolvency of the debtor of the estate, but only
7. The redemptioner must reimburse the for his insolvency at the time the partition is made.
The warranty of the solvency of the debtor can only be
price of the sale
enforced during the five years following the partition.
Co-heirs do not warrant bad debts, if so known to, and
GENERAL RULE: The right of legal redemption is a accepted by, the distributee. But if such debts are not
PERSONAL RIGHT. They cannot assign or sell this right. assigned to a co-heir, and should be collected, in whole or in
EXCEPTION: If the heir who wants to exercise the right part, the amount collected shall be distributed
of legal redemption dies prior to the exercise, his right proportionately among the heirs. (1072a)
may be transmitted to his own heirs.
• This is Warranty as to
ARTICLE 1089. The titles of acquisition or ownership of each
Insolvency
property shall be delivered to the co-heir to whom said
property has been adjudicated. (1065a) • There is a warranty of
insolvency provided that the debtor was solvent
ARTICLE 1090. When the title comprises two or more pieces at the time of the partition, not later
of land which have been assigned to two or more co-heirs, or • Such warranty is good for 5
when it covers one piece of land which has been divided years, following the date of partition
between two or more co-heirs, the title shall be delivered to • There is no warranty for bad
the one having the largest interest, and authentic copies of debts. An heir accepts them at his own risk
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. (1066a)
• “Title” here refers to the

ARTICLE 1096. The obligation of warranty among co-heirs
document evidencing the right of ownership and shall cease in the following cases:
not to the right itself (1) When the testator himself has made the partition,
unless it appears, or it may be reasonably
Order of preference as to whom title shall be presumed, that his intention was otherwise, but the
delivered if some properties remain undivided: legitime shall always remain unimpaired;
1. The one having the largest interest (2) When it has been so expressly stipulated in the
2. If all of them have the same interest, the oldest heir 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 ARTICLE 1104. A partition made with preterition of any of
distributee of the property. (1070a) the compulsory heirs shall not be rescinded, unless it be
proved that there was bad faith or fraud on the part of the
SUBSECTION 3 other persons interested; but the latter shall be
Rescission and Nullity of Partition proportionately obliged to pay to the person omitted the
share which belongs to him. (1080)
ARTICLE 1097. A partition may be rescinded or annulled for
the same causes as contracts. (1073a) • This involves a preterition of
compulsory heirs, not in the institution, but in the
ARTICLE 1098. A partition, judicial or extra-judicial, may partition of one or more objection
also be rescinded on account of lesion, when any one of the • Preterition of an object in a
co-heirs received things whose value is less, by at least one- will gives rise to mixed succession. Preterition of
fourth, than the share to which he is entitled, considering the an object in the partition does not give rise to
value of the things at the time they were adjudicated. (1074a) rescission.
ARTICLE 1099. The partition made by the testator cannot be GENERAL RULE: Such preterition in the partition will
impugned on the ground of lesion, except when the legitime of NOT cause rescission.
the compulsory heirs is thereby prejudiced, or when it appears EXCEPTION: If there was
or may reasonably be presumed, that the intention of the 1. Fraud
testator was otherwise. (1075)
2. Bad faith
GENERAL RULE: In order that that you may be justified ARTICLE 1105. A partition which includes a person
in asking for rescission on the account of lesion, the believed to be an heir, but who is not, shall be void only with
deduction must at least be ¼. If it is less than ¼, you respect to such person. (1081a)
can only ask for a completion.
EXCEPTION: If the partition is made by the TESTATOR,
even if the deduction is less than ¼, you cannot ask for • This speaks of an intrusion
rescission of a stranger in the partition
EXCEPTION TO THE EXCEPTION: • The partition in this case is
1. When the legitime of the compulsory heirs has not completely void.
been impaired.
2. If the intent of the testator is for his partition to
• Only the part corresponding
to the non-heir is void.
be rescinded should there be lesion
ARTICLE 1100. The action for rescission on account of lesion

shall prescribe after four years from the time the partition was
made. (1076)
• If brought after more than 4 years, the

action for rescission will fail
• The 4-year period begins to run not
from the time of the project of partition but from
the time there is court approval
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 have not received more
than their just share. (1077a)
• The defendant heir, despite a proper

ground for rescission, is given an option:
1. To indemnify the plaintiff – This may be
made by
• payment in cash or
• delivery of the thing of the same kind.
2. New partition
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.
(1078a)
• Rescission requires mutual

restitution
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. (1079a)
Success is not the key to happiness. Happiness is the

key to success.
If you love what you are doing, you will be successful.
- Albert Schweitzer

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SUCCESSION REVIEWER (4th Year : 2008-2009) Prepared

by: Jazzie M. Sarona

Presumed Death 1. TESTAMENTARY SUCCESSION IS PREFERRED

• Legatee succeeds to personal properties

Legatee or Devisee Elements of a Will:

Requisites of Article 786: 4 kinds of Latent or intrinsic ambiguity

1. Intrinsic Evidence – You cure the ambiguity

ARTICLE 792. The invalidity of one of several dispositions EXTRINSIC VALIDITY

ARTICLE 816. The will of an alien who is abroad produces

ARTICLE 798. In order to make a will it is essential that the

• Insertion, cancellation, erasure or alteration, is 1st view: It is valid because if it is allowed

ARTICLE 828. A will may be revoked by the testator at any

• This ground refers to the soundness of

• This article speaks of an heir who

• Article 857 speaks of substitution where there is

• BRIEF SUBSTITUTION is when 2 or more persons • Fideicommissary substitution is an indirect

(1) Fideicommissary substitutions which are not

• But, the heir or devisee must give a caucion

Origin Reservor • But the disposition again is also subject to the

2. If the property is lost or destroyed without

ARTICLE 897. When the widow or widower survives with

ARTICLE 899. When the widow or widower survives with

Estate: P 2,500,000 ARTICLE 910. Donations which an illegitimate child may

Ways of depriving the compulsory heir of his EXAMPLE # 1:

• Note that even if there is merely an attempt

• Reconciliation is the mutual restoration of • There is no representation with respect to the

How is disinheritance revoked? • Everything can be bequeathed or devise as

ARTICLE 925. A testator may charge with legacies and

• If the testator knows that he does not own

• Article 950 talks about the order of payment

Applicability of Article 948:

• Article 957 talks of revocation of a legacy or

ARTICLE 966. In the line, as many degrees are counted as

• This article talks about what happens when

ARTICLE 977. Heirs who repudiate their share may not

5. Brothers & sisters subject to Article 992.

ARTICLE 1006. Should brothers and sisters of the full blood

ARTICLE 1015. Accretion is a right by virtue of which, when

• Accretion is based on the presumed will of the

• This is the same in substation. The rights and

ARTICLE 1022. In testamentary succession, when the right

ARTICLE 1039. Capacity to succeed is governed by the law

ARTICLE 1043. No person may accept or repudiate an

ARTICLE 1048. Deaf-mutes who can read and write may

ARTICLE 1056. The acceptance or repudiation of an

SECTION 5 ARTICLE 1065. Parents are not obliged to bring to

ARTICLE 1067. Expenses for support, education, medical

ARTICLE 1068. Expenses incurred by the parents in giving

ARTICLE 1074. Should the provisions of the preceding

GENERAL RULE: The right to demand partition does

• “Title” here refers to the

ARTICLE 1100. The action for rescission on account of lesion

• If brought after more than 4 years, the

• The defendant heir, despite a proper

ARTICLE 1102. An heir who has alienated the whole or a

• Rescission requires mutual

ARTICLE 1103. The omission of one or more objects or

Success is not the key to happiness. Happiness is the

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