Succession Reviewer
Succession Reviewer
Succession Reviewer
transmitted:
1) universal – entire patrimony or an aliquot part
2) particular – devise, legacy
accdg to importance:
1) compulsory
2) testamentary
3) intestate
Parties:
Decedent
o Testator
o Decedent (intestate)
Successor
o Heir
o Devisee or Legatee
Rea Bautista
Patrick Manalo
Balane:
Loraine Saguinsin Only transmissible rights and obligations pass by
Naomi Quimpo succession
o Criterion: if the rights or obligation is
strictly personal (intuitu personae), it is
intransmissible; otherwise, it is
Succession Reviewer transmissible.
Pecuniary obligations must be paid first before
Inside: Illustrative Problems by Mr. Patrick, Sample distributing the residue of the estate to the heirs.
Exam Questions, Answer Key and more!!!1
Union Bank vs. Santibañez (2005)
H: The right granted under the New CC cannot be given Republic vs. Marcos (2012)
retroactive effect. New rights have retroactive effect only
when they do not prejudice or impair vested or acquired F: Cases for reversion, reconveyance and restitution of ill-
rights of the same origin. The right of ownership of Wife gotten wealth were filed against persons including heirs of
over the land became vested in 1945 upon decedent’s Marcos were sought to be dismissed against the latter-
death because of Article 657 of the Old Civil Code (now mentioned defendants.
777) which was in effect at the time he died.
H: Despite the finding that their involvement in the
2. Ownership passes to the heir at the very alleged illegal activities was not established, they should
moment of death who therefore, from that be maintained as defendants because the case is an action
moment, acquires the right to dispose of his that survives thus it is imperative that the estate be
share. represented. As to Imelda and Bongbong, they are the
executors of FM’s estate, and as to Imee and Irene, they
De Borja vs. Vda. De Borja (1972) possibly possess/ed ill-gotten properties.
F: Decedent died with a will. Before probate of his will and Art. 778. Succession may be:
to end suits between them, D’s son by his first marriage (1) Testamentary;
and 2nd wife entered into a compromise agreement that (2) Legal or intestate; or
2nd wife will receive P800,000 as full and complete (3) Mixed. (n)
payment of her hereditary share.
Art. 779. Testamentary succession is that which results
H: Agreement is valid. There is no legal bar for the heir to from the designation of an heir, made in a will executed in
dispose of her share immediately upon death of the the form prescribed by law. (n)
decedent even if actual extent is not yet determined. The
agreement is a sale of the shares and not a settlement of Art. 780. Mixed succession is that effected partly by will
the estate. and partly by operation of law. (n)
Alfonso vs. Sps. Andres (2010)
Balane:
F: Jose inherited subject property from his father. This Some inaccuracies:
was assigned to him in a Deed of Extrajudicial Settlement. o Did not mention compulsory
Jose sold it Sps Andres. o Mixed is not really a type of succession
o No definition of Legal/intestate
H: The transfer is valid because title of property of person Per Agbayani, our Expert in Succession, the 3
who died intestate passes at once to his heirs, subject to Kinds of Succession according to importance are:
the claims of administration and payments of debts and 1. Compulsory
expenses. 2. Testamentary
3. Intestate
F: Mortgage on decedent’s land was foreclosed by the F: Husband and Decedent Wife executed a Survivorship
Bank and there being to redemption, title was Agreement with the Bank that after the death of either of
consolidated to the Bank. D died and 2 of his 3 children them, the money in their joint savings account would
bought land from the Bank. 3rd child demanded share in belong to the survivor.
the property as his inheritance.
H: The agreement is not a mortis causa conveyance which
H: Property, the ownership over which has been lost needs to be in a will but a mere obligation with a term, the
during the lifetime of a decedent, no longer forms part of term being death.
the estate which his compulsory heirs may lay a claim
over. Take note of the definition of a will in this case: “a
personal, solemn, revocable and free act by which a
Art. 782. An heir is a person called to the succession capacitated person disposes of his property and rights and
either by the provision of a will or by operation of law. declares or complies with duties to take effect after his
death” (The deposit was not property of the decedent but
Devisees and legatees are persons to whom gifts of real was conjugal property.)
and personal property are respectively given by virtue of
a will. (n) Seangio vs. Reyes (2006)
II. Testamentary Succession Art. 784. The making of a will is a strictly personal act; it
a. Wills cannot be left in whole or in part of the discretion of a
1.1. Wills in General third person, or accomplished through the instrumentality
of an agent or attorney. (670a)
Art. 786. The testator may entrust to a third person the Technical words in a will are to be taken in their technical
distribution of specific property or sums of money that he sense, unless the context clearly indicates a contrary
may leave in general to specified classes or causes, and intention, or unless it satisfactorily appears that he was
also the designation of the persons, institutions or unacquainted with such technical sense. (675a)
establishments to which such property or sums are to be
given or applied. (671a) Preference to testacy
Art. 791. The words of a will are to receive an
Notes: interpretation which will give to every expression some
Two things the T must determine: effect, rather than one which will render any of the
1. Property or amount of money to be given expressions inoperative; and of two modes of interpreting
2. Class or cause to be benefitted a will, that is to be preferred which will prevent intestacy.
Two things he may delegate: (n)
1. Designation of persons, institutions or
establishments within the class or cause
2. Manner of distribution Invalidity of one of several dispositions
Art. 792. The invalidity of one of several dispositions
Art. 787. The testator may not make a testamentary contained in a will does not result in the invalidity of the
disposition in such manner that another person has to other dispositions, unless it is to be presumed that the
determine whether or not it is to be operative. (n) testator would not have made such other dispositions if
the first invalid disposition had not been made. (n)
Notes:
This does not prejudice right of heirs, devisee, severability
legatee to accept or renounce.
Property acquired after will was made
RULES OF CONSTRUCTION AND INTERPRETATION Art. 793. Property acquired after the making of a will
shall only pass thereby, as if the testator had possessed it
In case of doubt as to different interpretations at the time of making the will, should it expressly appear
Art. 788. If a testamentary disposition admits of different by the will that such was his intention. (n)
interpretations, in case of doubt, that interpretation by
which the disposition is to be operative shall be preferred. Devise/Legacy
(n)
Art. 794. Every devise or legacy shall cover all the interest
which the testator could device or bequeath in the
The thing may rather be effective than be property disposed of, unless it clearly appears from the
without effect will that he intended to convey a less interest. (n)
It shall be sufficient if the testator was able at the time of F: Records do not show that the will, executed in Cebu and
making the will to know the nature of the estate to be written in the dialect of that locality where the testatrix is
disposed of, the proper objects of his bounty, and the neighbor, was in a language known to the testatrix.
character of the testamentary act. (n)
H: Compliance with the language requirement is
Art. 800. The law presumes that every person is of sound presumed if (but Sir says “proved by”): (1) the will is in
mind, in the absence of proof to the contrary. the language/dialect generally spoken in the place of
execution and (2) the testator is a native or resident of
The burden of proof that the testator was not of sound said locality.
mind at the time of making his dispositions is on the
person who opposes the probate of the will; but if the Art. 805. Every will, other than a holographic will, must
testator, one month, or less, before making his will was be subscribed at the end thereof by the testator himself or
publicly known to be insane, the person who maintains by the testator's name written by some other person in
the validity of the will must prove that the testator made it his presence, and by his express direction, and attested
during a lucid interval. (n) and subscribed by three or more credible witnesses in the
presence of the testator and of one another.
Art. 801. Supervening incapacity does not invalidate an
effective will, nor is the will of an incapable validated by The testator or the person requested by him to write his
the supervening of capacity. (n) name and the instrumental witnesses of the will, shall also
sign, as aforesaid, each and every page thereof, except the
Ortega vs. Valmonte (2005) last, on the left margin, and all the pages shall be
numbered correlatively in letters placed on the upper part
F: 81 year old testator’s will was opposed on the ground of each page.
that he was not of sound mind.
The attestation shall state the number of pages used upon
H: Mere old age does not mean that a person is not of which the will is written, and the fact that the testator
sound mind. To be of sound mind, at the time of making signed the will and every page thereof, or caused some
the will, the testator need only know (1) the nature of the other person to write his name, under his express
estate to be disposed of, (2) the proper objects of his direction, in the presence of the instrumental witnesses,
bounty, and (3) the character of the testamentary act. and that the latter witnessed and signed the will and all
the pages thereof in the presence of the testator and of
Baltazar vs. Laxa (2012) one another.
F: 78-year-old spinster’s will was being assailed because If the attestation clause is in a language not known to the
she was allegedly not of sound mind when it was made witnesses, it shall be interpreted to them. (n)
(because she was “forgetful”)
Art. 806. Every will must be acknowledged before a
H: Soundness of mind is presumed. Forgetfulness is not notary public by the testator and the witnesses. The
equivalent to unsoundness of mind. notary public shall not be required to retain a copy of the
will, or file another with the Office of the Clerk of Court.
(n)
Art. 802. A married woman may make a will without the
consent of her husband, and without the authority of the
court. (n) (1) subscribed by the T or his agent in his presence
and by his express direction at the end thereof, in the
Art. 803. A married woman may dispose by will of all her presence of the witnesses
separate property as well as her share of the conjugal
partnership or absolute community property. (n) signature
Barut vs Cabacungan (1912) H: Inadvertent failure of one witness to affix his signature
to one page, due to simultaneous lifting of pages, is not per
F: The agent (who was also a witness) signed the name of se sufficient denial of probate. Impossibility of
the testator in the latter's presence and by his express substitution of page is assured by the signature of the
direction. Probate was opposed on the ground that the testatrix and the two other witnesses, and the imprint of
handwriting of the person who signed the name of the the seal of the notary public.
testator was of another witness.
(4) the witnesses must sign every page, except the
H: Valid. It is not essential that the person signing for the last, on the left margin in the presence of the T and of
testator also sign his name. The law only requires: one another
1. name was written at T’s express direction;
2. in T’s presence; and Lee vs. Tambago (2008)
3. in the presence of all witnesses.
F: Will was attested by only 2 witnesses.
Signing at the end
- If there are non-dispositive portions, there are 2 H: Void!
ends:
o Physical end: where the writing stops (5) all numbers must be numbered correlatively in
o Logical end: where the testamentary letters on the upper part of each page
disposition ends Mandatory – pagination by means of a
- T may sign at either end as the non-dispositive conventional system
portions are not essential parts of the will. Directory – pagination in letters on the upper
- If T signs before the end, the ENTIRE will is part of each page
invalid!
(6) attestation clause
Signing in the presence of witnesses Stating the number of pages of the will;
The fact that the T/his agent signed the will and
Nera vs. Rimando (1911) every page thereof in the presence of the Ws
The fact that the W witnessed and signed the will
Doctrine: Test of presence – not whether they actually and every page thereof in the presence of the T
saw each other sign but whether they might have seen and of one another
each other sign had they chosen to do so, considering their - The attestation clause is the affair of the
mental and physical condition and position with relation witnesses, therefore, it need not be signed by the
to each other at the moment of inscription of each T
signature.
Such that the position of the parties with relation Cagro vs. Cagro (1953)
to each other at the moment of the subscription
Azuela vs. CA (2006) H: Will is valid. Conflict between the dates does not
invalidate the will because the law does even require that
F: Witnesses did not sign at the bottom of the attestation a notarial will be executed and acknowledged on the same
clause but they signed the left-hand margin of the page occassion.
where the AC is found.
Q: Must an attested will be dated?
H: Will void. Signatures on the left-hand margin comply A: No. Consequently, variance between the
with the requirement that witnesses sign each page of the indicated dates does not in itself invalidate a
will. The signatures to the attestation clause establish that will (Ortega vs. Valmonte [2005])
the witnesses are referring to the statements contained in
the attestation clause itself. The attestation clause is
separate and apart from the disposition of the will. An Art. 807. If the testator be deaf, or a deaf-mute, he must
unsigned attestation clause results in an unattested will. personally read the will, if able to do so; otherwise, he
shall designate two persons to read it and communicate to
(7) acknowledgement before a notary public him, in some practicable manner, the contents thereof. (n)
Javellana vs. Ledesma (1955)
Art. 808. If the testator is blind, the will shall be read to
F: The notary public signed the certificate of him twice; once, by one of the subscribing witnesses, and
acknowledgement in his office and not in the presence of T again, by the notary public before whom the will is
and witnesses. acknowledged. (n)
H: VALID. The Civil Code, while requiring that a will must
be signed by the T and the witnesses in the presence of Arts 807 and 808 are mandatory
each other, does not require that the acknowledgement by
the notary happen in the presence of the parties. Garcia vs. Vasquez (1970)
Obiter: It is not required that the T and the Ws F: The will and the AC were crammed together on a single
acknowledge on the same day it was executed. page and had typographical errors. It was alleged by
Logical inference: Neither does Art 806 require that T and proponents that T read the will silently before she signed
Ws acknowledge in each other’s presence. it BUT there was evidence that T’s vision was for counting
fingers at 5 ft and for distant objects only.
Cruz vs. Villasor (1973)
H: VOID. T could not have read the will silently as she was
F: There were only three witnesses to the will and it was not unlike a blind testator and execution of the will
acknowledged before a notary public who was one of the requires observance of Art. 808.
witnesses.
Alvarado vs. Gaviola, Jr (1993)
H: VOID for failing to meet the 3-witness requirement. The
notary public cannot acknowledge before himself his F: Testator had glaucoma. When the will was executed,
having signed the will. each witness and the notary were given their own copies
of the will. It was read aloud by the lawyer to the testator.
Balane asks: If one of the witnesses is a duly The court held there was substantial compliance.
commissioned notary public and he notarizes the
will, the will is void. TRUE OR FALSE? H: T was blind for purposes of Art 808 but there was
A: FALSE (If there are more than 3 witnesses, the substantial compliance in this case. The purpose of the law
will meets the 3-witness requirement hence still was satisfied (to make known to the T the contents of the
valid) will and confirm his desires)
Guerrero vs. Bihis (2007) Art. 809. In the absence of bad faith, forgery, or fraud, or
undue and improper pressure and influence, defects and
F: Notary public who acknowledged the will was acting imperfections in the form of attestation or in the language
outside the place of his commission. used therein shall not render the will invalid if it is proved
that the will was in fact executed and attested in
H: VOID. No notary shall possess authority to do any substantial compliance with all the requirements of
notarial act beyond the limits of his jurisdiction. Since Article 805. (n)
Atty. in this case was not commissioned in the place where
Note:
Special Requirements; Holographic wills Held: That since the authenticity of the holographic will
1. Entirely written was not contested, production of more than one witness
not required. That even if the will was contested, ART.
Balane asks: What if the will was partly written? 811 does not require presentation of three witnesses to
A: If with knowledge/consent of T, VOID AS A identify handwriting of testator since no witness may have
WHOLE; been present at execution.
If without, the part written by another is void
(the validity of a will cannot be placed in the Balane Notes:
hands of another; it may be sabotaged) - to “contest” means to attack the authenticity of
the will (i.e. that the will is forged)
2. Dated - the Latin maxim testis unus, testis nullus (one
Test is if designated date can be witness is not witness) is too archaic a rule
independently checked and ascertained (quoting J.B.L. Reyes)
Examples: Christmas Day 2012, 71st o quality of testimony over number of
anniversary of Pearl Harbor, At the witnesses
beginning of Ramadan 2013
Codoy v. Calugay (1999)
3. Signed
Facts: Holographic will of the testatrix presented for
ART. 811. In the probate of a holographic will, it shall probate. Proponents presented six witnesses. Opposition:
be necessary that at least one witness who knows the
Gan v. Yap (1958) ART. 814. In case of any insertion, cancellation, erasure
or alteration in a holographic will, the testator must
Facts: Petition for probate of testatrix’s will. Opposition: authenticate the same by his full signature.
that testatrix left no will. Proponent did not present will
and instead tried to establish contents and due execution “Full signature,” meaning
thru testimonies. - not necessarily full name of testator
- it means his usual and customary (habitual)
Held: That holographic will must be presented to court for signature
probate, the document itself being material proof of
authenticity. That if holographic will not presented, Effect of noncompliance with article
opportunity to oppose and assess the handwriting of the - change (insertion, cancellation, etc.) is simply
testator, foreclosed. That lost or destroyed holographic considered as not made
will may be proved by a photographic or photostatic copy - will is not invalidated as a whole, but at most,
or by other similar means. only as regards the particular words erased,
corrected, or inserted (Kalaw v. Relova [1984])
Exception to the Gan ruling: o unless the portion involved is an
essential part of the will, such as the
Rodelas v. Aranza (1982) date
Held: That a photostatic copy or photocopy of the Facts: Proponent Gregorio filed a petition for probate of
holographic will, allowed because comparison can be testatrix’s will. Opposition by Rosa: that she was named as
ART. 815. When a Filipino is in a foreign country, he is The following is a joint will—
authorized to make a will in any of the forms - “We, the testators, of legal age and of sound and
established by the law of the country in which he may disposing mind...”
be. Such will may be probated in the Philippines.
The following is NOT a joint will—
ART. 816. The will of an alien who is abroad produces - if there are separate documents, each serving as
effect in the Philippines if made with the formalities one independent will (even if written on the
prescribed by the law of the place in which he resides, same sheet)
or according to the formalities observed in his country, o e.g. will of testator A on front part of
or in conformity with those which this Code prescribes. sheet; will of testator B on the back of
the same sheet
ART. 817. A will made in the Philippines by a citizen or o e.g. will of testator A on upper part of
subject of another country, which is executed in sheet; will of testator B on lower part of
accordance with the law of the country of which he is a the same sheet
citizen or subject, and which might be proved and
allowed by the law of his own country, shall have the Joint wills are VOID, but reciprocal wills are VALID
same effect as if executed according to the laws of the - reciprocal wills: two wills instituting each of the
Philippines. respective testators as heirs
o e.g. will of testator A designated B as
ART. 815 to 817 govern rules of formal validity in the heir; will of testator B designated A as
following instances (not covered: a Filipino executing heir
a will in the Philippines)
- a Filipino abroad (ART. 815) Reasons for the prohibition against joint wills
- an alien abroad (ART. 816) - limitation on modes of revocation
- an alien in the Philippines (ART. 817) - diminution of testamentary secrecy
- increased danger of undue influence
The rule (combining these three articles, ART. 15 and - increased danger of one testator killing the other
17):
- every testator, whether Filipino or alien, ART. 819. Wills, prohibited by the preceding article,
wherever he may be, has five choices as to what executed by Filipinos in a foreign country shall not be
law to follow for the form of his will, viz.: valid in the Philippines, even though authorized by the
o law of citizenship laws of the country where they may have been
o law of place of execution executed.
o law of domicile
o law of residence Outline on joint wills
o law of the Philippines - executed by Filipinos in the Philippines
Third mode of revocation: By physical destruction— Held: That there is a presumption that the will had been
- four ways of destroying: revoked (cancelled or destroyed) if it cannot be found and
o burning is shown to be in the possession of the testator when last
o tearing seen. That the presumption is that the will was revoked by
o cancelling the testator himself. That the will of the testator in this
o obliterating case is presumed to have been properly revoked.
Physical destruction may be done— ART. 831. Subsequent wills which do not revoke the
- by testator personally, or previous ones in an express manner, annul only such
- by another person acting in the testator’s dispositions in the prior wills as are inconsistent with
presence and by the testator’s express direction or contrary to those contained in the later wills.
Facts: Testator left two wills: original and new which Extension of ART. 833 to illegal causes (reason: public
contained a revocatory clause. New will was probated. policy), in effect, restricts the testator’s freedom to
Later, probation was set aside as oppositors proved that revoke
new will not made in accordance with law. Proponents - illegal cause must be stated in the will as the
sought to have original will probated. Opposition: that cause of revocation
original will had been revoked by new will,
notwithstanding disallowance of new will. Evidence was ART. 834. The recognition of an illegitimate child does
presented by contestants that original will had been not lose its legal effect, even though the will wherein it
destroyed by testator. was made should be revoked.
Another way of defining the scope of a final decree of (5) If the signature of the testator was procured by
probate is to refer to ART. 839, infra— fraud;
- objection to a will on any of the grounds
enumerated in that article is foreclosed by a final (6) If the testator acted by mistake or did not intend
decree of probate that the instrument he signed should be his will at the
time of affixing his signature thereto.
EXCEPTION: A decree of probate does not concern
itself with the question of intrinsic validity, and the Grounds for disallowance of a will listed in ART. 839,
probate court should not pass upon that issue, except exclusive
if on its face the will appears to be intrinsically void - a final probate decree forecloses any subsequent
challenge on any of the matters enumerated in
Nepomuceno v. CA (1985) this article
- if any of these grounds for disallowance is
Facts: Testator devised entire free portion to kabit. proved, the will shall be set aside as void
Testator noted in his will that he could not marry kabit o a will is either valid or void (no such
because he was legally married to someone else. Kabit thing as a voidable will)
presented will to court for probate. Legal wife opposed. VALID – if none of defects in
Probate denied: the will was invalid on its face because of ART. 839 are present
prohibited disposition. Appellate court reversed: will valid VOID – if any one of the
except that devise in favor of kabit is null and void, per defects is present
ART. 739 in relation with ART. 1028 of the Civil Code.
Re ART. 839(1)—
Held: That while the general rule is that in probate - See ART. 804 to 814, 818 to 819, and 820 to
proceedings the court’s area of inquiry is limited to an 821
Re ART. 839(5)— ART. 843. The testator shall designate the heir by his
- fraud, as defined in contract law (ART. 1338) name and surname, and when there are two persons
having the same names, he shall indicate some
Re ART. 839(6)— circumstance by which the instituted heir may be
- mistake, as defined in contract law (ART. 1331) known.
Section 2 – Institution of Heir Even though the testator may have omitted the name of
the heir, should he designate him in such manner that
ART. 840. Institution of heir is an act by virtue of which there can be no doubt as to who has been instituted, the
a testator designates in his will the person or persons institution shall be valid.
who are to succeed him in his property and
transmissible rights and obligations. ART. 844. An error in the name, surname, or
circumstances of the heir shall not vitiate the institution
Notes: when it is possible, in any other manner, to know with
- rules on institution of heir apply also to certainty the person instituted.
institution of devisees and legatees
- wills are for institution of heirs If, among persons having the same names and
surnames, there is a similarity of circumstances in such
ART. 841. A will shall be valid even though it should not a way that, even with the use of other proof, the person
contain an institution of an heir, or such institution instituted cannot be identified, none of them shall be an
should not comprise the entire estate, and even though heir.
the person so instituted should not accept the
inheritance or should be incapacitated to succeed. Requirement for designation of heir
- that the heir, legatee, or devisee must be
In such cases the testamentary dispositions made in identified in the will with sufficient clarity to
accordance with law shall be complied with and the leave no doubt as to the testator’s intention
remainder of the estate shall pass to the legal heirs.
Designation of name and surname is directory
Notes: - what is mandatory is that the identity of the
- cf. Seangio v. Reyes (2006) heirs, legatees, or devisees must be sufficiently
o involving a will without testamentary established (usually, by giving the name and
dispositions (disinheritance) surname, but there are other ways)
- if heir, legatee, or devisee does not accept or is
incapacitated Other ways of establishing identity of heir, devisee, or
o intestacy as to that part results legacy
- “I designate as heir to one-eighth of my estate
ART. 842. One who has no compulsory heirs may my eldest first cousin”
dispose by will of all his estate or any part of it in favor - “I devise my lechon parlor to my Civil Procedure
of any person having capacity to succeed. professor”
One who has compulsory heirs may dispose of his estate If there is any ambiguity in the designation, the
provided he does not contravene the provisions of this ambiguity must be resolved in accordance with ART.
Code with regard to the legitime of said heirs. 789
- i.e. by evidence aliunde, excluding oral
Even if will does not contain any testamentary declarations of the testator
disposition—
- it will be formally valid provided it complies with If ambiguity cannot be resolved—
all the formal requisites - testator’s intent becomes unascertainable
o intestacy therefore as to that portion
How much can be disposed of by will— results
- if testator has no compulsory heirs:
x = 313,043.48 6 = x_____
11 300,000
o find B’s increased share using any of
the solutions presented above (you 11x = 1,800,000__
may also use your own devised solution 11 11
and share it with the class); your
answer must be 208,695.65 x = 163,636.36
x = 138,461.54
Held: That testatrix’s parents (forced heirs in the direct Complete statement of the rule:
ascending line) had been preterited, as will completely - an heir (whether compulsory, voluntary or
omits both of them. That the word “annul” means to testamentary, or legal) transmits nothing to his
Simple substitution is really a form of conditional ART. 860. Two or more persons may be substituted for
institution one; and one person for two or more heirs.
ART. 858. Substitution of heirs may be: Substitution will take place only if all the original
heirs are disqualified—
(1) Simple or common; - if one is substituted for two or more original
heirs, and one but not all is not qualified to
(2) Brief of compendious; inherit
o NO SUBSTITUTION—share left vacant
(3) Reciprocal; or will accrue to surviving co-heir/s
if A and B were instituted as
(4) Fideicommissary. heirs to 1/3 of the estate, with
C as substitute, substitution
Four kinds of substitution: will take place only if both A
- simple or common (vulgar) [ART. 859] and B are disqualified to
- brief or compendious (brevilocua o compendiosa) inherit; if only A is
[ART. 860] disqualified, B would inherit
- reciprocal (recíproca) [ART. 861] A’s share, exclusively
- fideicommissary (fideicomisaria) [ART. 863] o EXCEPTION—
if testator provides otherwise
In reality, there are only two kinds of substitutions: (that substitution will take
vulgar and fideicomisaria (mutually exclusive, i.e. place in case any one of the
substitution must be one or the other, cannot be both original heirs dies, renounces,
at the same time) or is incapacitated
- the other two are modalidades of the vulgar or
the fideicomisaria ART. 861. If heirs instituted in unequal shares should
be reciprocally substituted, the substitute shall acquire
ART. 859. The testator may designate one or more the share of the heir who dies, renounces, or is
persons to substitute the heir or heirs instituted in case incapacitated, unless it clearly appears that the
such heir or heirs should die before him, or should not intention of the testator was otherwise. If there are
wish, or should be incapacitated to accept the more than one substitute, they shall have the same
inheritance. share in the substitution as in the institution.
In both cases, the legal heir shall be considered as called Held: That the institution of Mr. Rabadilla is a modal
to the succession until the arrival of the period or institution (because it imposes a charge or obligation
(from) its expiration. But in the first case he shall not upon the instituted heir without affecting the efficacy of
enter into possession of the property until after having such institution), and ART. 882 applies. That in modal
given sufficient security, with the intervention of the institutions, the testator states (a) the object of the
instituted heir. institution, (b) the purpose or application of the property
left by the testator, or (c) the charge imposed by the
If term suspensive (ex die, “out in the day”; “[from] its testator upon the heir. That a condition suspends but does
[period’s] expiration”)— not obligate; and the mode obligates but does not
- before the arrival of the term, the property suspend. That to some extent, mode is similar to a
should be delivered to the legal or intestate heirs resolutory condition.
- a caución muciana has to be posted by them
Caución muciana to be posted by the instituted heir
If term is resolutory (in diem, “into the day”; “until the
arrival of the period”)— ART. 883. When without the fault of the heir, an
- before the arrival of the term, the property institution referred to in the preceding article cannot
should be delivered to the instituted heir take effect in the exact manner stated by the testator, it
- no caución muciana required shall be complied with in a manner most analogous to
and in conformity with his wishes.
Modes:
xxx
ART. 882. The statement of the object of the institution
or the application of the property left by the testator, or Note:
the charge imposed by him, shall not be considered as a - intention of the testator should always be the
condition unless it appears that such was his intention. guiding norm in determining the sufficiency of
the analogous performance
That which has been left in this manner may be claimed o e.g. “I institute as heir to 1/5 of my free
at once provided that the instituted heir or his heirs portion Mr. St. Peter and he shall, every
give security for compliance with the wishes of the month, give to my daughter Ms. Cera
testator and for the return of anything he or they may Halimawis one sack of Milagrosa rice
receive, together with its fruits and interests, if he or the expense for which is to be taken
they should disregard this obligation. from said 1/5 share”
if Milagrosa rice is no longer
ART. 882, par. 1— available in the market, then a
- defines a mode obliquely variety of similar quality
- in brief, a mode is an obligation imposed upon should be given by Mr. St.
the heir, without suspending (as a condition Peter, the instituted heir, to
does) the effectivity of the institution Ms. Cera Halimawis, in the
o a mode obligates but does not suspend same quantity
o a condition suspends but does not
obligate Section 5 – Legitime
Facts: Decedent died intestate, leaving as heirs her Descendants other than children
husband, her child, and her grandchild by another child - general rule: the nearer exclude the more remote
who predeceased her. Widow of the child who o grandchildren cannot inherit since
predeceased decedent claimed that she, as surviving children will bar them, unless all the
spouse of predeceased child, was a compulsory heir of children renounce
mother-in-law (decedent). o the rule goes on down the line (no limit
to the number of degrees in the
Held: That spouse of predeceased child of decedent not a descending line that may be called to
compulsory heir of decedent mother-in-law. That ART. succeed)
887 refers to estate of deceased spouse in which case - qualification: right of representation
surviving spouse is a compulsory heir, and does not apply
to estate of parent-in-law. ART. 889. The legitime of legitimate parents or
ascendants consists of one-half of the hereditary estates
Lapuz v. Eufemio (1972) of their children and descendants.
Facts: Wife filed a petition for legal separation against The children or descendants may freely dispose of the
husband: sexual infidelity. Wife died pendente lite. Trial other half, subject to the rights of illegitimate children
court dismissed action. and of the surviving spouse as hereinafter provided.
Held: That death of either spouse during pendency of ART. 890. The legitime reserved for the legitimate
action for legal separation (before final decree) abates parents shall be divided between them equally; if one of
action. That this abatement also applies if action involves the parents should have died, the whole shall pass to
property rights. That effect is ultimately, surviving spouse, the survivor.
whether guilty or not (note: no final decree of legal
separation because of death of one of the spouses), is not If the testator leaves neither father nor mother, but is
disqualified to inherit from decedent (spouse who died). survived by ascendants of equal degree of the paternal
and maternal lines, the legitime shall be divided equally
Baritua v. CA (1990) between both lines. If the ascendants should be of
different degrees, it shall pertain entirely to the ones
Facts: Decedent died in an accident, and parties nearest in degree of either line.
responsible for death settled with surviving spouse.
Decedent’s parents later filed a complaint for damages Legitimate parents / ascendants as secondary
against parties liable for death of their son. compulsory heirs
TEST: One legitimate child, surviving spouse—what is ART. 893. If the testator leaves no legitimate
the sharing? descendants, but leaves legitimate ascendants, the
surviving spouse shall have a right to one-fourth of the
If there has been legal separation— hereditary estate.
- if there is a final decree of legal separation and
the deceased is the offending spouse This fourth shall be taken from the free portion of the
o surviving spouse gets his legitime estate.
(ART. 63, par. 4, Family Code)
- if there is a final decree of legal separation and TEST: Legitimate ascendants, surviving spouse—what
the deceased is the innocent spouse is the sharing?
o surviving (offending) spouse is
disqualified from inheriting (idem.) ART. 894. If the testator leaves illegitimate children, the
- if after the final decree of legal separation there surviving spouse shall be entitled to one-third of the
was a reconciliation between the spouses hereditary estate of the deceased and the illegitimate
o reciprocal right to succeed is restored children to another third. The remaining third shall be
(reconciliation sets aside the final at the free disposal of the testator.
decree) (ART. 66, par. 2, Family Code)
TEST: Illegitimate children, surviving spouse—what is
Death pendente lite—see Lapuz v. Eufemio, supra the sharing?
Problem: Termination of marriage by reappearance of [ART. 895. The legitime of each of the acknowledged
prior spouse / decree of annulment or absolute nullity natural children and each of the natural children by
of marriage legal fiction shall consist of one-half of the legitime of
- reappearance of prior spouse each of the legitimate children or descendants.
o suppose a person (husband), believing
in good faith that his wife had already The legitime of an illegitimate child who is neither an
died, remarries, and then subsequently acknowledged natural, nor a natural child by legal
his wife reappears, are both his first fiction, shall be equal in every case to four-fifths of the
wife and second wife entitled to legitime of an acknowledged natural child.]
legitime from the husband if he dies?
ART. 896. Illegitimate children who may survive with ART. 901. When the testator dies leaving illegitimate
legitimate parents or ascendants of the deceased shall children and no other compulsory heirs, such
be entitled to one-fourth of the hereditary estate to be illegitimate children shall have a right to one-half of the
taken from the portion at the free disposal of the hereditary estate of the deceased.
testator.
The other half shall be at the free disposal of the
TEST: Illegitimate children, legitimate parents—what testator.
is the sharing?
TEST: Illegitimate children alone—how much do they
ART. 897. When the widow or widower survives with get?
legitimate children or descendants, and acknowledged
natural children, or natural children by legal fiction, ART. 902. The rights of illegitimate children set forth in
such surviving spouse shall be entitled to a portion the preceding articles are transmitted upon their death
equal to the legitime of each of the legitimate children to their descendants, whether legitimate or illegitimate.
which must be taken from that part of the estate which
the testator can freely dispose of. Right of representation to the legitimate and
illegitimate descendants of an illegitimate child
ART. 898. If the widow or widower survives with - compare with ART. 992 (in case of legitimate
legitimate children or descendants, and with children, right of representation is given only to
illegitimate children other than acknowledged natural, their legitimate descendants)
or natural children by legal fiction, the share of the - effect: right of representation of illegitimate
surviving spouse shall be the same as that provided in children is broader than right of representation
the preceding article. of legitimate children
ART. 899. When the widow or widower survives with ART. 903. The legitime of the parents who have an
legitimate parents or ascendants and with illegitimate illegitimate child, when such child leaves neither
children, such surviving spouse shall be entitled to one- legitimate descendants, nor a surviving spouse, nor
eighth of the hereditary estate of the deceased which illegitimate children, is one-half of the hereditary estate
must be taken from the free portion, and the illegitimate of such illegitimate child. If only legitimate or
children shall be entitled to one-fourth of the estate illegitimate children are left, the parents are not entitled
which shall be taken also from the disposable portion. to any legitime whatsoever. If only the widow or
The testator may freely dispose of the remaining one- widower survives with parents of the illegitimate child,
eighth of the estate. the legitime of the parents is one-fourth of the
hereditary estate of the child, and that of the surviving
TEST: Legitimate parents, illegitimate children, spouse also one-fourth of the estate.
surviving spouse—what is the sharing?
TEST: Illegitimate parents alone—how much do they
ART. 900. If the only survivor is the widow or widower, get?
she or he shall be entitled to one-half of the hereditary
estate of the deceased spouse, and the testator may TEST: Illegitimate parents, surviving spouse—what is
freely dispose of the other half. the sharing?
6) 5 illegitimate children =
legitimate parents = O or M.S. R’ista
7) 4 illegitimate children =
legitimate parents = g.t. o. of l.
surviving spouse =
8) legitimate parents = P
surviving spouse = R’ios
9) 1 legitimate child =
legitimate parents = Explanation of illustration and diagram—
1 illegitimate child = - P (prepositus) inherits a piece of land from his
surviving spouse = father, O or M.S. (origin or mediate source).
Subsequently, P dies, intestate, single, and
10) surviving spouse = without legitimate issue, and the land is in turn
1 illegitimate parent = inherited by his mother R’ista (reservista)
- R’ista is now required to reserve the property in
LEGITIMES QUIZZER SET 2: Write how much each favor of P’s paternal relatives within the third
compulsory heir would get. Do not show your degree (R’ios or reservatarios)
solution. Time limit—5 minutes.
Other terms for reserva troncal
1) 3 legitimate children = - lineal, familiar, extraordinaria, semi-troncal,
surviving spouse = pseudo-troncal
Held: That properties given by reservista to her daughter Facts: Father (origin) died intestate. Property of father
are reservable. That reservatarios within the third degree, passed to children. One child (prepositus) died intestate,
as in case of nephews and nieces of prepositus from whom single, and without legitimate issue. Property inherited by
reservable property came, have right of representation (to child passed by operation of law to mother (reservista).
represent their ascendants, or fathers and mothers, who Mother gave by holographic will property she inherited
are brothers and sisters of prepositus). from prepositus to her grandchildren (children of her
surviving sons).
Juridical nature
- nature of reservista’s right (Edroso v. Sablan Held: That reservista cannot convey reservable properties
[1913], infra) by will (mortis causa) to reservatarios within the third
o reservista’s right over the reserved degree, to the exclusion of reservatarios in the second
property is one of ownership degree (her surviving daughters and sons). That the
o ownership is subject to a resolutory principle is that the nearer excluded the more remote.
condition (i.e. the existence of That reservista cannot by will select reservatarios to
reservatarios at the time of the whom reservable property should be given and deprive
reservista’s death) the other reservatarios of their share therein.
o right of ownership is alienable, but
subject to the same resolutory Balane Comments:
condition - the rule therefore is that upon the reservista’s
o reservista’s right of ownership is death, the reserved property passes by strict
registrable (if property can be operation of law (according to the rules of
registered) intestate succession) to the proper reservatarios
- nature of reservatarios’ right (Sienes v. Esparcia - thus the selection of which reservatarios will get
[1961], infra) the property is made by law and not by the
o reservatarios’ right over the reserved reservista
property is one of expectancy
o expectancy is subject to a suspensive Property reserved
condition (i.e. existence of reservista at - kind of property reservable
the time of the reservatarios’ death; o any kind (real or personal, corporeal or
expectancy ripens into ownership if the incorporeal, fungible or non-fungible,
reservatarios survive the reservista) etc)
o right of expectancy is alienable, but in Rodriguez v. Rodriguez
subject to the same suspensive (1957), a sugar quota
condition allotment (incorporeal) was
o reservatarios’ right of expectancy is held to be reservable
registrable (if property can be - effect of substitution
registered) o the rule is that the very same property
must go thru the process of
Edroso v. Sablan (1913) transmissions
o what must come from the origin to the
Facts: Father (origin) died with a will. Property of father prepositus (by gratuitous title) and to
passed to only son (prepositus) who died intestate, single, the reservista (by operation of law)
and without legitimate issue. Property of son inherited must be the same property
from his father passed by operation of law to mother if prepositus substitutes the
(reservista). Mother sought to have property inherited property by selling, bartering,
from son registered. Uncles of son or prepositus (brothers or exchanging it. the
of father or origin), reservatarios, opposed. substitute cannot be reserved
e.g. there would be no reserva
Held: See nature of reservista’s right, supra. if the prepositus sold the
property he received from the
Sienes v. Esparcia (1961) origin under a pacto de retro
and then redeemed it
Facts: Father (origin) died with a will. Property of father (because property would not
passed to five children. One child (prepositus) died be the same as prepositus
intestate, single, and without legitimate issue. Property of bought it back from the
child inherited from his father passed by operation of law vendee a retro)
to mother (reservista). Mother sold property. Surviving
half-sisters of prepositus also sold same property. Reserved property, not part of reservista’s estate
upon his death:
Held: See nature of reservatarios’ right, supra.
Cano v. Director (1959)
Reservista has no power to appoint, by will, which
reservatarios were to get the reserved property:
ART. 905. Every renunciation or compromise as Principle: anything that a compulsory heir receives by
regards a future legitime between the person owing it gratuitous title from the predecessor is considered as
and his compulsory heirs is void, and the latter may an advance on the legitime and is deducted therefrom
claim the same upon the death of the former; but they - exceptions:
must bring to collation whatever they may have o if the predecessor gave the compulsory
received by virtue of the renunciation or compromise. heir a donation inter vivos and
provided that it was not to be charged
Reason for the rule— against the legitime (ART. 1062)
- before predecessor’s death, heir’s right is simply o testamentary dispositions made by the
inchoate predecessor to the compulsory heir,
unless the testator provides that it
Duty to collate should be considered part of the
- any property which the compulsory heir may legitime (ART. 1063)
have gratuitously received from his predecessor
by virtue of the renunciation or compromise will ART. 907. Testamentary dispositions that impair or
be considered as an advance on his legitime and diminish the legitime of the compulsory heirs shall be
must be duly credited reduced on petition of the same, insofar as they may be
o e.g. if son asked for 30M from his father inofficious or excessive.
in order to start a business, and the
father agrees, the 30M would be Notes:
considered as an advance on the son’s - same principle as in ART. 904
legitime - if testamentary dispositions exceed the
during the settlement of his disposable portion, compulsory heirs may
father’s estate, if it turns out demand their reduction to the extent that the
that the son is entitled to 50M legitimes have been impaired
as legitime, he would be given - cf. ART. 911
20M more (the 30M already
credited to his legitime) ART. 908. To determine the legitime, the value of the
property left at the death of the testator shall be
Scope and prohibition considered, deducting all debts and charges, which shall
Art. 923. The children and descendants of the person Art. 927. If two or more heirs take possession of the
disinherited shall take his or her place and shall preserve estate, they shall be solidarily liable for the loss or
the rights of compulsory heirs with respect to the legitime; destruction of a thing devised or bequeathed, even though
but the disinherited parent shall not have the usufruct or only one of them should have been negligent. (n)
administration of the property which constitutes the
legitime. (857) Balane:
The liability imposed gere is based on malice,
Balane: fault or negligence. The liability will also attach
The right of representation is granted only to to the executor or administrator in the proper
descendants of disinherited descendants. cases.
However if the heir disinherited is a
parent/ascendant or spouse, the children or Art. 928. The heir who is bound to deliver the legacy or
descendants of the disinherited heir do not have devise shall be liable in case of eviction, if the thing is
any right of representation. indeterminate and is indicated only by its kind. (860)
The representative takes the place of the
disinherited heir not only with respect to the Balane:
legitime, but also to any intestate portion the
General rule, the estate is liable in case of
disinherited heir would have inherited.
eviction.
Representation therefore, occurs in compulsory
and intestate succession but not in testamentary
succession.
III. Legal or Intestate Succession Art. 962. In every inheritance, the relative nearest in
1. General Provisions degree excludes the more distant ones, saving the right of
representation when it properly takes place.
Art. 960. Legal or intestate succession takes place: Relatives in the same degree shall inherit in equal shares,
(1) If a person dies without a will, or with a void will, or subject to the provisions of article 1006 with respect to
one which has subsequently lost its validity; relatives of the full and half blood, and of Article 987,
(2) When the will does not institute an heir to, or dispose paragraph 2, concerning division between the paternal
of all the property belonging to the testator. In such case, and maternal lines. (912a)
legal succession shall take place only with respect to the
property of which the testator has not disposed; Balane:
(3) If the suspensive condition attached to the institution Basis of Instate Succession:
of heir does not happen or is not fulfilled, or if the heir The presumed will of the decedent, which would
dies before the testator, or repudiates the inheritance, distribute the estate in accordance with the love
there being no substitution, and no right of accretion takes and affection he has for his family and close
place; relatives, and in default of these persons, the
(4) When the heir instituted is incapable of succeeding, presumed desire of the decedent to promote
except in cases provided in this Code. (912a) charitable and humanitarian.
Art. 968. If there are several relatives of the same degree, Art. 972. The right of representation takes place in the
and one or some of them are unwilling or incapacitated to direct descending line, but never in the ascending.
succeed, his portion shall accrue to the others of the same In the collateral line, it takes place only in favor of the
degree, save the right of representation when it should children of brothers or sisters, whether they be of the full
take place. (922) or half blood. (925)
H: At most, petitioner would be an illegitimate child who Art. 996. If a widow or widower and legitimate children
has no right to inherit in ab intestato from the legitimate or descendants are left, the surviving spouse has in the
children and relatives of his father, like the deceased. succession the same share as that of each of the children.
(834a)
Diaz vs. IAC (1987)
Balane:
F: The case involves a dispute between the petitioners, the This rule holds even if there is only one
illegitimate children of decedent’s son Pablo Santero, and legitimate child, in which case the child and the
the decedent’s niece Felisa Pamuti Jardin, as to who could surviving spouse will divide the estate equally.
legally inherit from the decedent. Petitioners allege that
they could inherit by right of representation of their Santillon vs. Miranda (1965)
father, who is a legitimate child of the decedent.
F: How shall the estate of a person who dies intestate be
H: SC held the legal heir to be the niece. The New Civil divided when the only survivors are the spouse and one
Code still does not confer to illegitimate children the right legitimate child? The son is claiming that Art. 892 should
to represent their parents in the inheritance of their be applied while the wife states that the division is ½
legitimate grandparents, even if the New Civil Code have between them.
made illegitimate children as compulsory primary heirs
under Art. 887. H: SC ruled for the wife. Art. 996 which applies in
intestacy should be read: “If the widow or widower and a
Diaz vs. IAC (1990) legitimate child are left, the surviving spouse has the same
share as that of the child.”
F: A second MR from the earlier 1987 case. Issue here is
does the term “relatives” in Art. 992 include the legitimate Art. 997. When the widow or widower survives with
parents of the father or mother of the illegitimate legitimate parents or ascendants, the surviving spouse
children? May these illegitimate children of Pablo (father) shall be entitled to one-half of the estate, and the
inherit from Simona (grandmother), by right of legitimate parents or ascendants to the other half. (836a)
representation of their father Pablo who was a legitimate
son? Art. 998. If a widow or widower survives with illegitimate
children, such widow or widower shall be entitled to one-
H: Art. 992 prohibits absolutely a succession ab intestato half of the inheritance, and the illegitimate children or
between an illegitimate child and the legitimate children their descendants, whether legitimate or illegitimate, to
and “relatives” of the father or mother of said legitimate the other half. (n)
child.
Art. 999. When the widow or widower survives with
Art. 993. If an illegitimate child should die without issue, legitimate children or their descendants and illegitimate
either legitimate or illegitimate, his father or mother shall children or their descendants, whether legitimate or
succeed to his entire estate; and if the child's filiation is illegitimate, such widow or widower shall be entitled to
duly proved as to both parents, who are both living, they the same share as that of a legitimate child. (n)
shall inherit from him share and share alike. (944)
Art. 1000. If legitimate ascendants, the surviving spouse,
Art. 994. In default of the father or mother, an illegitimate and illegitimate children are left, the ascendants shall be
child shall be succeeded by his or her surviving spouse entitled to one-half of the inheritance, and the other half
who shall be entitled to the entire estate. shall be divided between the surviving spouse and the
If the widow or widower should survive with brothers and illegitimate children so that such widow or widower shall
sisters, nephews and nieces, she or he shall inheritt one- have one-fourth of the estate, and the illegitimate children
half of the estate, and the latter the other half. (945a) the other fourth. (841a)
Balane:
Art. 1001. Should brothers and sisters or their children
According to jurisprudence, when the law speaks survive with the widow or widower, the latter shall be
of brothers and sisters, nephews and nieces as entitled to one-half of the inheritance and the brothers
legal heirs of an illegitimate child, it refers to and sisters or their children to the other half. (953, 837a)
illegitimate brothers and sisters as well as the
children, whether legitimate or illegitimate, of
Art. 1002. In case of a legal separation, if the surviving
such brothers and sisters.
spouse gave cause for the separation, he or she shall not
have any of the rights granted in the preceding articles. (n)
2.4. Surviving Spouse
2.5. Collateral Relatives
Art. 995. In the absence of legitimate descendants and
ascendants, and illegitimate children and their
Art. 1003. If there are no descendants, ascendants,
descendants, whether legitimate or illegitimate, the
Art. 1004. Should the only survivors be brothers and IV. Provisions Common to Testate and
sisters of the full blood, they shall inherit in equal shares. Intestate Succession
(947)
1. Right of Accretion
Art. 1005. Should brothers and sisters survive together
with nephews and nieces, who are the children of the Art. 1015. Accretion is a right by virtue of which, when
descendant's brothers and sisters of the full blood, the two or more persons are called to the same inheritance,
former shall inherit per capita, and the latter per stirpes. devise or legacy, the part assigned to the one who
(948) renounces or cannot receive his share, or who died before
the testator, is added or incorporated to that of his co-
Art. 1006. Should brother and sisters of the full blood heirs, co-devisees, or co-legatees. (n)
survive together with brothers and sisters of the half
blood, the former shall be entitled to a share double that Art. 1016. In order that the right of accretion may take
of the latter. (949) place in a testamentary succession, it shall be necessary:
Art. 1007. In case brothers and sisters of the half blood, (1) That two or more persons be called to the same
some on the father's and some on the mother's side, are inheritance, or to the same portion thereof, pro indiviso;
the only survivors, all shall inherit in equal shares without and
distinction as to the origin of the property. (950)
(2) That one of the persons thus called die before the
Art. 1008. Children of brothers and sisters of the half testator, or renounce the inheritance, or be incapacitated
blood shall succeed per capita or per stirpes, in to receive it. (928a)
accordance with the rules laid down for the brothers and
sisters of the full blood. (915) Accretion
a. Definition (Art. 1015)
Art. 1009. Should there be neither brothers nor sisters
nor children of brothers or sisters, the other collateral Occasions for the operation of accretion:
relatives shall succeed to the estate. Renunciation
The latter shall succeed without distinction of lines or Predecease
preference among them by reason of relationship by the Incapacity
whole blood. (954a)
b. Elements (Art. 1016)
Art. 1010. The right to inherit ab intestato shall not
extend beyond the fifth degree of relationship in the Pro indiviso – “as undivided” or “in common”; does not
collateral line. (955a) import equality
Art. 1021. Among the compulsory heirs the right of If institution is subject to a suspensive condition: Must
accretion shall take place only when the free portion is left be living both when decedent dies and when the condition
to two or more of them, or to any one of them and to a happens.
stranger.
If institution is subject to a suspensive term: Must be
Should the part repudiated be the legitime, the other co- living when decedent dies
heirs shall succeed to it in their own right, and not by the
right of accretion. (985) Exception: None
The preceding paragraph shall apply when the testator Application: all kinds of succession
has disposed of his property in favor of the poor of a
definite locality. (749a) Grounds for unworthiness:
Pars. 1, 2, 3, 5, 6: see discussion under Art. 919 (as
Beneficiaries: The poor grounds for disinheritance)
Par. 1 refers to the poor of the testator’s domicile, unless
excluded by the testator in his will. Par. 4:
a. Heir has knowledge of violent death of the
Who determines the individual beneficiaries within the decedent
class designated by the testator? AEA b. Heir is of legal age
a. Person authorized by the testator, or in his c. Heir fails to report it to all officer of the law
default within a month after learning of it
b. Executor, or in his default d. Authorities have not yet taken action
c. Administator e. Legal obligation for the heir to make an
accusation
How to reconcile common grounds for Unworthiness Art. 1037. The unworthy heir who is excluded from the
and Disinheritance (Arts. 1033 and 922): succession has a right to demand indemnity or any
a. If offended party does not make a will expenses incurred in the preservation of the hereditary
subsequent to the occurrence of the common property, and to enforce such credits as he may have
cause: Art. 1033 applies against the estate. (n)
b. If offended party makes a will subsequent to the This article grants a right of reimbursement of necessary
occurrence of the common cause: expenses to the excluded heir.
If he knew of the cause Art. 1038. Any person incapable of succession, who,
1) If he disinherits – apply Art. 922 disregarding the prohibition stated in the preceding
2) If he institutes or pardons the offender – articles, entered into the possession of the hereditary
restored to capacity property, shall be obliged to return it together it its
3) If will is silent – unworthiness stays accessions.
If he did not know of the cause – unworthiness He shall be liable for all the fruits and rents he may have
stays received, or could have received through the exercise of
due diligence. (760a)
Art. 1034. In order to judge the capacity of the heir, Disqualified heir here is a possessor in bad faith.
devisee or legatee, his qualification at the time of the a. Obligation to return, with accessions
death of the decedent shall be the criterion. b. Liability for fruits which were received and could
have been received
In cases falling under Nos. 2, 3, or 5 of Article 1032, it shall
be necessary to wait until final judgment is rendered, and Art. 1039. Capacity to succeed is governed by the law of
in the case falling under No. 4, the expiration of the month the nation of the decedent. (n)
allowed for the report.
Art. 1040. The action for a declaration of incapacity and
If the institution, devise or legacy should be conditional, for the recovery of the inheritance, devise or legacy shall
the time of the compliance with the condition shall also be be brought within five years from the time the disqualified
considered. (758a) person took possession thereof. It may be brought by any
one who may have an interest in the succession. (762a)
When capacity is to be determined:
Gen. Rule: Time of decedent’s death The right of heir to recover the inheritance must be
exercised within 5 years.
If institution is subject to a suspensive condition:
a. Time of decedent’s death, and 5-year prescriptive period applies to:
b. Time of happening of condition a. the declaration of incapacity of the heir
b. the recovery of the inheritance or portion
If final judgment is a requisite of unworthiness: Time thereof wrongfully possessed by the disqualified
of final judgment heir.
Art. 1035. If the person excluded from the inheritance by 3. Acceptance and Repudiation of the
reason of incapacity should be a child or descendant of the Inheritance
decedent and should have children or descendants, the
latter shall acquire his right to the legitime. Art. 1041. The acceptance or repudiation of the
inheritance is an act which is purely voluntary and free.
The person so excluded shall not enjoy the usufruct and (988)
administration of the property thus inherited by his
children. (761a) Art. 1042. The effects of the acceptance or repudiation
shall always retroact to the moment of the death of the
Extent of Representation: Legitime and intestacy decedent. (989)
Representation in the collateral line: If the unworthy Retroactivity:
heir is a brother or sister, his children (nephews and a. Of acceptance – successor will be deemed to
nieces of the decedent) will represent have owned and possessed the property from
the moment of decedent’s death
Art. 1036. Alienations of hereditary property, and acts of
administration performed by the excluded heir, before the b. Of renunciation – substitute, co-heir or intestate
judicial order of exclusion, are valid as to the third persons heir who gets the property in default of the
who acted in good faith; but the co-heirs shall have a right renouncer, is deemed to have owned and
to recover damages from the disqualified heir. (n)
Art. 1045. The lawful representatives of corporations, (3) If he renounces it for a price in favor of all his co-heirs
associations, institutions and entities qualified to acquire indiscriminately; but if this renunciation should be
property may accept any inheritance left to the latter, but gratuitous, and the co-heirs in whose favor it is made are
in order to repudiate it, the approval of the court shall be those upon whom the portion renounced should devolve
necessary. (993a) by virtue of accretion, the inheritance shall not be deemed
as accepted. (1000)
Art. 1046. Public official establishments can neither
accept nor repudiate an inheritance without the approval Tacit acceptance is inferred from acts of ownership
of the government. (994) performed by the heir over the property.
Art. 1047. A married woman of age may repudiate an Art. 1051. The repudiation of an inheritance shall be
inheritance without the consent of her husband. (995a) made in a public or authentic instrument, or by petition
presented to the court having jurisdiction over the
Art. 1048. Deaf-mutes who can read and write may accept testamentary or intestate proceedings. (1008)
or repudiate the inheritance personally or through an
agent. Should they not be able to read and write, the Form of renunciation:
inheritance shall be accepted by their guardians. These a. Public or authentic (genuine) instrument
guardians may repudiate the same with judicial approval. b. Petition filed in the settlement proceedings
(996a)
Art. 1052. If the heir repudiates the inheritance to the
Accept Repudiate prejudice of his own creditors, the latter may petition the
Parents or guardians Yes Yes* court to authorize them to accept it in the name of the
Authorized person Yes No heir.
Lawful Yes Yes*
The acceptance shall benefit the creditors only to an
representatives
extent sufficient to cover the amount of their credits. The
Public official Yes, but only with approval of
excess, should there be any, shall in no case pertain to the
establishments government
renouncer, but shall be adjudicated to the persons to
Married person (w/o Yes Yes
whom, in accordance with the rules established in this
spouse’s consent)
Code, it may belong. (1001)
Deaf-mutes who can Yes, personally or through an
read and write agent
This is an instance of accion pauliana, which is the right
Deaf-mutes who Yes, through Yes, through
given to creditors to impugn or set aside contracts,
cannot read and their guardians their
transactions or dispositions of their debtors which will
write guardians*
prejudice or defraud them.
Art. 1064. When the grandchildren, who survive with Exception: If the parents provide otherwise
their uncles, aunts, or cousins, inherit from their
grandparents in representation of their father or mother, Art. 1069. Any sums paid by a parent in satisfaction of the
they shall bring to collation all that their parents, if alive, debts of his children, election expenses, fines, and similar
would have been obliged to bring, even though such expenses shall be brought to collation. (1043a)
grandchildren have not inherited the property.
Donations by the parent to the child should be treated like
They shall also bring to collation all that they may have other donations to compulsory heirs under Art. 1062.
received from the decedent during his lifetime, unless the
testator has provided otherwise, in which case his wishes Art. 1070. Wedding gifts by parents and ascendants
must be respected, if the legitime of the co-heirs is not consisting of jewelry, clothing, and outfit, shall not be
prejudiced. (1038) reduced as inofficious except insofar as they may exceed
one-tenth of the sum which is disposable by will. (1044)
Grandchildren have to impute to their legitime:
a. Whatever the parent whom they are Wedding gifts in excess of 1/10 of the free portion are
representing would have been obliged to collate; inofficious.
and
b. Whatever they themselves have received from Art. 1071. The same things donated are not to be brought
the grandparent by gratuitous title (subject to to collation and partition, but only their value at the time
the rules and exceptions under Art. 1062) of the donation, even though their just value may not then
have been assessed.
Art. 1065. Parents are not obliged to bring to collation in
the inheritance of their ascendants any property which Their subsequent increase or deterioration and even their
may have been donated by the latter to their children. total loss or destruction, be it accidental or culpable, shall
(1039) be for the benefit or account and risk of the donee.
(1045a)
Donation to the grandchild should be imputed to the free
portion, since it is a donation to a stranger. Value to be computed and imputed: the value of thing
donated at the time donation was made
Art. 1066. Neither shall donations to the spouse of the
child be brought to collation; but if they have been given Reason: Any appreciation or depreciation of the thing
by the parent to the spouses jointly, the child shall be after that time should be for the donee’s account, since
obliged to bring to collation one-half of the thing donated. donation transfers ownership to him
(1040)
Art. 1072. In the collation of a donation made by both
Donation given to the child’s spouse will not be imputed to parents, one-half shall be brought to the inheritance of the
the child’s legitime, as it is a donation made to a stranger. father, and the other half, to that of the mother. That given
by one alone shall be brought to collation in his or her
Treatment of donations made to the spouses jointly: inheritance. (1046a)
½ belongs to the donor’s child (Art. 1062)
½ belongs to the child’s spouse (donation to Joint donation: Pertaining to equal shares to the estates
stranger) of the father and mother
Art. 1067. Expenses for support, education, medical Donation by one parent: Treated separately
attendance, even in extraordinary illness, apprenticeship, Art. 1073. The donee's share of the estate shall be
ordinary equipment, or customary gifts are not subject to reduced by an amount equal to that already received by
collation. (1041) him; and his co-heirs shall receive an equivalent, as much
The provisions of this and of the preceding article shall be Rationale: Right as heir vests only when the suspensive
observed even should there be among the co-heirs a condition happens.
minor or a person subject to guardianship; but the
mandatary, in such case, shall make an inventory of the Other heirs can demand parition after furnishing adequate
property of the estate, after notifying the co-heirs, the security.
creditors, and the legatees or devisees. (1057a)
Art. 1085. In the partition of the estate, equality shall be
Mandatary cannot be a co-heir, to ensure fairness and observed as far as possible, dividing the property into lots,
impartiality. or assigning to each of the co-heirs things of the same
nature, quality and kind. (1061)
Art. 1082. Every act which is intended to put an end to
indivision among co-heirs and legatees or devisees is Equality among co-heirs:
deemed to be a partition, although it should purport to be a. Quantitative – Shares of co-heirs are
a sale, and exchange, a compromise, or any other determined by law and by will
transaction. (n)
b. Qualitative – The law mandates equality in
Tuason vs. Tuason (1951) nature, kind and quality
Nevertheless, if any of the heirs should demand that the 6.2. Effects of Partition
thing be sold at public auction and that strangers be
allowed to bid, this must be done. (1062) Art. 1091. A partition legally made confers upon each heir
the exclusive ownership of the property adjudicated to
To whom thing may be sold: him. (1068)
a. To a 3rd person, or
b. To any of the co-heirs (if none of them object) Obvious effect: Termination of co-ownership
Art. 1087. In the partition the co-heirs shall reimburse Art. 1092. After the partition has been made, the co-heirs
one another for the income and fruits which each one of shall be reciprocally bound to warrant the title to, and the
them may have received from any property of the estate, quality of, each property adjudicated. (1069a)
for any useful and necessary expenses made upon such
property, and for any damage thereto through malice or Obligation of mutual warranty: Liable for defects of title
neglect. (1063) and quality (Art. 501)
Upon partition, the co-heirs shall render a mutual Warranties are the same as in sales:
accounting of benefits received and necessary and useful a. Eviction (title)
expenses incurred by each of them. b. Hidden defects (quality)
Art. 1088. Should any of the heirs sell his hereditary Art. 1093. The reciprocal obligation of warranty referred
rights to a stranger before the partition, any or all of the to in the preceding article shall be proportionate to the
co-heirs may be subrogated to the rights of the purchaser respective hereditary shares of the co-heirs, but if any one
by reimbursing him for the price of the sale, provided they of them should be insolvent, the other co-heirs shall be
do so within the period of one month from the time they liable for his part in the same proportion, deducting the
were notified in writing of the sale by the vendor. (1067a) part corresponding to the one who should be indemnified.
Right of redemption given to a co-heir Those who pay for the insolvent heir shall have a right of
Co-heir sold his undivided share or portion in action against him for reimbursement, should his financial
the estate condition improve. (1071)
Share was sold to a stranger
Written notice by co-heirs to the vendor Proportional liability of co-heirs on warranty: Burdens
should be proportional to benefits
Garcia vs. Calaliman (1989)
Art. 1094. An action to enforce the warranty among heirs
F: There was an extrajudicial partition and deed of sale. must be brought within ten years from the date the right
Two groups of heirs sold their shares to Calaliman and of action accrues. (n)
Trabadillo. The heirs of the vendors filed a case against
Calaliman and Trabadillo for legal redemption. Heirs were Action to enforce warranty: 10 years
not notified of the sale so they claim the 30 day period
stipulated in Art 1088 has yet to begin. To be counted from the time the portion was lost or the
hidden defect was discovered.
H: Written notice is required before the period of one
month for the other co-heirs to redeem begins to run. The Art. 1095. If a credit should be assigned as collectible, the
redemptioner is entitled to written notice to remove all co-heirs shall not be liable for the subsequent insolvency
uncertainty as to the sale, its terms and its validity, and to of the debtor of the estate, but only for his insolvency at
quiet any doubt that the alienation is not definitive. the time the partition is made.
If only 1 co-heir redeems: he will pay the purchase price The warranty of the solvency of the debtor can only be
enforced during the five years following the partition.
If more than 1 will redeem: they will pay proportionally
to their share in the property Co-heirs do not warrant bad debts, if so known to, and
accepted by, the distributee. But if such debts are not
Art. 1089. The titles of acquisition or ownership of each assigned to a co-heir, and should be collected, in whole or
property shall be delivered to the co-heir to whom said in part, the amount collected shall be distributed
property has been adjudicated. (1065a) proportionately among the heirs. (1072a)
Art. 1090. When the title comprises two or more pieces of Credit assigned to a co-heir in partition:
land which have been assigned to two or more co-heirs, or Warranty covers only insolvency of the decedent’s debtor
when it covers one piece of land which has been divided at the time of partition, not subsequent insolvency, for
which the co-heir takes the risk.
(1) When the testator himself has made the partition, Indemnity may be made by payment in cash or by the
unless it appears, or it may be reasonably presumed, that delivery of a thing of the same kind and quality as that
his intention was otherwise, but the legitime shall always awarded to the plaintiff.
remain unimpaired;
If a new partition is made, it shall affect neither those who
(2) When it has been so expressly stipulated in the have not been prejudiced nor those have not received
agreement of partition, unless there has been bad faith; more than their just share. (1077a)
(3) When the eviction is due to a cause subsequent to the Co-heir who is sued for rescission has two options:
partition, or has been caused by the fault of the distributee a. Re-partition, or
of the property. (1070a) b. Indemnify the co-heir the amount of lesion
suffered
Instances when there is no mutual warranty:
1. Partition by the testator himself (save where the Art. 1102. An heir who has alienated the whole or a
legitime has been impaired) considerable part of the real property adjudicated to him
2. Agreement among the co-heirs to suppress the cannot maintain an action for rescission on the ground of
warranty lesion, but he shall have a right to be indemnified in cash.
3. Supervening events causing the loss or the (1078a)
diminution in value
4. Fault of the co-heir Art. 1103. The omission of one or more objects or
5. Waiver securities of the inheritance shall not cause the rescission
of the partition on the ground of lesion, but the partition
6.3. Rescission and Nullity of shall be completed by the distribution of the objects or
Partition securities which have been omitted. (1079a)
Art. 1097. A partition may be rescinded or annulled for Incompleteness of partition is not a ground for rescission.
the same causes as contracts. (1073a)
Remedy: Supplemental partition
Causes for annulment: Art. 1390
Causes for rescission: Art. 1381-1382 Art. 1104. A partition made with preterition of any of the
compulsory heirs shall not be rescinded, unless it be
Art. 1098. A partition, judicial or extra-judicial, may also proved that there was bad faith or fraud on the part of the
be rescinded on account of lesion, when any one of the co- other persons interested; but the latter shall be
heirs received things whose value is less, by at least one- proportionately obliged to pay to the person omitted the
fourth, than the share to which he is entitled, considering share which belongs to him. (1080)
the value of the things at the time they were adjudicated.
(1074a) Heir is mistakenly excluded
In good faith - the omitted heir gets his rightful
Lesion is economic injury, where thep arty receives less share
than he is entitled to receive. In bad faith – partition shall be annulled
Amount of lesion: Minimum is ¼ Art. 1105. A partition which includes a person believed to
be an heir, but who is not, shall be void only with respect
Art. 1099. The partition made by the testator cannot be to such person. (1081a)
impugned on the ground of lesion, except when the
legitime of the compulsory heirs is thereby prejudiced, or Heir is mistakenly included. In this case the property
when it appears or may reasonably be presumed, that the will be taken away from him and redistributed among the
intention of the testator was otherwise. (1075) proper recipients.