Succession Atty. Uribe Reviewer

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SUCCESSION | ATTY. URIBE

CODAL PROVISIONS & CASE DOCTRINES
TRICIA CRUZ
DLSU-LAW
SUCCESSION OUTLINE Art. 17. The forms and solemnities of contracts, wills, and other
public instruments shall be governed by the laws of the country in
GENERAL PROVISIONS which they are executed.
A. Definition and Concept Art. 810. A person may execute a holographic will which must be
entirely written, dated, and signed by the hand of the testator himself.
Art. 712. Ownership is acquired by occupation and by intellectual
creation. It is subject to no other form, and may be made inor out of the
Philippines, and need not be witnessed
Ownership and other real rights over property are acquired and
transmitted by law, by donation, by estate and intestate succession, Art. 815. When a Filipino is in a foreign country, he is authorized to
and in consequence of certain contracts, by tradition. make a will in any of the forms established by the law of the country
in which he may be. Such will may be probated in the Philippines. (n)
They may also be acquired by means of prescription.
Art. 816. The will of an alien who is abroad produces effect in the
Art. 774. Succession is a mode of acquisition by virtue of which the Philippines if made with the formalities prescribed by the law of the
property, rights and obligations to the extent of the value of the place in which he resides, or according to the formalities observed in
his country, or in conformity with those which this Code prescribes.
inheritance, of a person are transmitted through his death to another
(n)
or others either by his will or by operation of law.
Art. 1311. Contracts take effect only between the parties, their Art. 817. A will made in the Philippines by a citizen or subject of
another country, which is executed in accordance with the law of the
assigns and heirs, except in case where the rights and obligations
country of which he is a citizen or subject, and which might be
arising from the contract are not transmissible by their nature, or by
proved and allowed by the law of his own country, shall have the
stipulation or by provision of law. The heir is not liable beyond the same effect as if executed according to the laws of the Philippines.
value of the property he received from the decedent. (n)
B. Laws governing form Art. 818. Two or more persons cannot make a will jointly, or in the
same instrument, either for their reciprocal benefit or for the benefit
1. As to time of execution of a third person. (669)
Art. 795. The validity of a will as to its form depends upon the Art. 819. Wills, prohibited by the preceding article, executed by
observance of the law in force at the time it is made. Filipinos in a foreign country shall not be valid in the Philippines,
even though authorized by the laws of the country where they may
2. As to place of execution have been executed.
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In re Will of Rev. Abadia, 50 O.G. #9, p. 4185 - An alien who makes a will in a place other than his country is
- To determine the law applicable to a will, the determining permitted to follow the laws of his own country as sanctioned
factor shall be at the time or date it was executed. by the Civil Code. On the other hand, the Rules provide that
- Article 795 of the New Civil Code provides: The validity of a wills proved and allowed in a foreign country, according to
will as to its form depends upon the observance of the law in the laws of such country, may be allowed, filed and recorded
force at the time it is made. The validity of a will is to be by the proper Court of First Instance in the Philippines.
judged not by the law enforced at the time of the testators
death or at the time the supposed will is presented in court Dela Cerna v. Potot, 12 SCRA 576
for probate or when the petition is decided by the court but at - In a joint will of husband and wife, the probate decree of the
the time the instrument is executed. will of the husband could only affect the share of the
deceased husband. The validity of the will in so far as the
Fleumer v. Hix, 54 Phil. 610 wife is concerned must be on her death and adjudicated de
- The will of an alien who is abroad produces effect in the novo, since a joint will is considered a separate will.
Philippines if made with the formalities prescribed by the law - A will void on its face can be probated.
of the place in which he resides, or according to the
formalities observed in his country, or in conformity with Estate of Rodriguez, 46 O.G. # 2, p. 584
those which this code provides. - Neither old age, physical infirmities feebleness of mind,
- The courts of the Philippines are not authorized to take weakness of the memory, the appointment of a guardian, nor
judicial notice of the laws of the various States of the eccentricities are sufficient singly or jointly to show
American Union. Such laws must be proved as facts. Here testamentary incapacity.
the requirements of law were not met. There was no showing - The provision in the rules of court invoked by the oppositors
that the book from which an extract was taken was printed or does not disallow an administration proceeding. It merely
published under the authority of the state of West Va. as gives an option to the heirs not to undertake such
provided in the Code of Civil Procedure; nor was the extract proceeding.
from the law attested by the certificate of the officer having
charge of the original.
Estate of Giberson, 48 O.G. #7, 2657

- If an alien executes a will in the Philippines, not in conformity
with our law, but in conformity with the law of his own state or
country, the will can be probated in the Philippines. C. Laws governing content
- The requirement of law is that it must comply with the laws of
the country where it was executed for validity and not 1. As to time
probate on the country for execution.
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Art. 2263. Rights to the inheritance of a person who died, with or actual question which the rules of the other jurisdiction
without a will, before the effectivity of this Code, shall be governed by prescribe.
the Civil Code of 1889, by other previous laws, and by the Rules of - The recognition of the renvoi theory implies that the rules of
Court. The inheritance of those who, with or without a will, die after the conflict of laws are to be understood as incorporating not
the beginning of the effectivity of this Code, shall be adjudicated and only the ordinary or internal law of the foreign state or
distributed in accordance with this new body of laws and by the country, but its rules of the conflict of laws as well. According
Rules of Court; but the testamentary provisions shall be carried out to this theory the law of the country means the whole of its
insofar as they may be permitted by this Code. Therefore, legitimes, laws.
betterments, legacies and bequests shall be respected; however,
their amount shall be reduced if in no other manner can every Estate of Amos Bellis, 20 SCRA 358
compulsory heir be given his full share according to this Code - The national law of the decedent in intestate and testate
proceedings shall be followed.
2. As to successional rights, etc. - Texas Law was applied. NCC Article 16 (2) and Art. 1039
render applicable the national law of the decedent in
Art. 16(2). However, intestate and testamentary successions, both intestate or testamentary successions, with regard to four
items: (1) the order of succession; (2) the amount of
with respect to the order of succession and to the amount of
successional rights; (3) the intrinsic validity of the provisions
successional rights and to the intrinsic validity of testamentary of the will, and (4) the capacity to succeed.
provisions, shall be regulated by the national law of the person - Even assuming that Texas has a conflict of law rule providing
whose succession is under consideration, whatever may be the that the law of the domicile should govern, the same would
nature of the property and regardless of the country wherein said not result in a renvoi to Philippine law, but would still refer to
property may be found. Texas law. The doctrine of of renvoi (reference back) in the
case at bar is inapplicable because the U.S. does not adopt
Art. 1039. Capacity to succeed is governed by the law of the nation the situs theory calling for the application of where the
of the decedent. properties are situated, since the properties are located in
the Philippines. In the absence of proof as to the conflict of
Estate of Christensen, 61 O.G. # 46, p. 7302 law rule of Texas, it should not be presumed to be different
- The recognition of the renvoi theory implies that the rules of from ours. As the SC ruled in Miciano v. Brimo, a provision in
the conflict of laws are to be understood as incorporating not a foreigners will to the effect that his properties shall be
only the ordinary or internal law of the foreign state or distributed in accordance with Philippine law and not his
country, but its rules of the conflict of laws as well. national law, is illegal and void, for his national law cannot be
- The theory in the Renvoi Doctrine is applicable in this case. ignored in regard to those matter that Article 16 of the Civil
- The theory of the doctrine of renvoi is that the court of the Code states said national law should govern.
forum, in determining the question before it, must take into
account the whole law of the other jurisdiction, but also its Cayetano v. Leonides, 129 SCRA 524
rules as to conflict of laws, and then apply the law to the
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- It is settled rule that as regards the intrinsic validity of the provisions (4) Acknowledged natural children, and natural children by legal
of the will, as provided for by Article 16 (2) and 1039 of the Civil fiction;
Code, the national law of the decedent must apply.
- Philippine law was not applied as regards the intrinsic validity of the (5) Other illegitimate children referred to in Article 287.
will. The law which governs Adoracion Campos will is the law of
Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by
Pennsylvania, USA which is the national law of the decedent by
those in Nos. 1 and 2; neither do they exclude one another.
virtue of Art. 16 (2) and Art. 1039 of the Civil Code. The settlement of
the estate of Adoracion was correctly filed with the CFI of Manila In all cases of illegitimate children, their filiation must be duly proved.
where she had an estate since it was alleged and proven that
Adoracion at the time of her death was a citizen and a permanent The father or mother of illegitimate children of the three classes
resident of Pennsylvania, USA and not a usual resident of Cavite. mentioned, shall inherit from them in the manner and to the extent
established by this Code.
D. Subject of Succession Art. 1003. If there are no descendants, ascendants, illegitimate

children, or a surviving spouse, the collateral relatives shall succeed
Art. 775. In this Title, "decedent" is the general term applied to the to the entire estate of the deceased in accordance with the following
person whose property is transmitted through succession, whether or articles.
not he left a will. If he left a will, he is also called the testator.
Art. 782. An heir is a person called to the succession either by the

provision of a will or by operation of law. 1. Who are the subjects?
Devisees and legatees are persons to whom gifts of real and 2. Relationship
personal property are respectively given by virtue of a will.
Art. 963. Proximity of relationship is determined by the number of
Art. 887. The following are compulsory heirs: generations. Each generation forms a degree. (915)
(1) Legitimate children and descendants, with respect to their Art. 964. A series of degrees forms a line, which may be either direct
legitimate parents and ascendants; or collateral.
(2) In default of the foregoing, legitimate parents and ascendants, A direct line is that constituted by the series of degrees among
with respect to their legitimate children and descendants; ascendants and descendants.
(3) The widow or widower;

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A collateral line is that constituted by the series of degrees among Art. 969. If the inheritance should be repudiated by the nearest
persons who are not ascendants and descendants, but who come relative, should there be one only, or by all the nearest relatives
from a common ancestor. (916a) called by law to succeed, should there be several, those of the
following degree shall inherit in their own right and cannot represent
Art. 965. The direct line is either descending or ascending. the person or persons repudiating the inheritance.
The former unites the head of the family with those who descend 3. Capacity to Succeed
from him.
Art. 1024. Persons not incapacitated by law may succeed by will or
The latter binds a person with those from whom he descends. (917) abintestato.
Art. 966. In the line, as many degrees are counted as there are The provisions relating to incapacity by will are equally applicable to
generations or persons, excluding the progenitor. intestate succession.
In the direct line, ascent is made to the common ancestor. Thus, the a. Determination
child is one degree removed from the parent, two from the
grandfather, and three from the great-grandparent. Art. 1034. In order to judge the capacity of the heir, devisee or
legatee, his qualification at the time of the death of the decedent
In the collateral line, ascent is made to the common ancestor and shall be the criterion.
then descent is made to the person with whom the computation is to
be made. Thus, a person is two degrees removed from his brother, In cases falling under Nos. 2, 3, or 5 of Article 1032, it shall be
three from his uncle, who is the brother of his father, four from his necessary to wait until final judgment is rendered, and in the case
first cousin, and so forth. (918a) falling under No. 4, the expiration of the month allowed for the report.
Art. 967. Full blood relationship is that existing between persons who If the institution, devise or legacy should be conditional, the time of
have the same father and the same mother. the compliance with the condition shall also be considered
Half blood relationship is that existing between persons who have Art. 1039. Capacity to succeed is governed by the law of the nation
the same father, but not the same mother, or the same mother, but of the decedent.
not the same father. (920a)
Art. 16(2). However, intestate and testamentary successions, both
Art. 968. If there are several relatives of the same degree, and one with respect to the order of succession and to the amount of
or some of them are unwilling or incapacitated to succeed, his successional rights and to the intrinsic validity of testamentary
portion shall accrue to the others of the same degree, save the right provisions, shall be regulated by the national law of the person
of representation when it should take place. (922) whose succession is under consideration, whatever may be the
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nature of the property and regardless of the country wherein said general terms and without specifying its application, the executor,
property may be found. with the court's approval shall deliver one-half thereof or its proceeds
to the church or denomination to which the testator may belong, to
b. Who may succeed? be used for such prayers and pious works, and the other half to the
State, for the purposes mentioned in Article 1013. (747a)
Parish Priest of Victoria v. Rigor, 89 SCRA 493
- In order to be capacitated to inherit, the heir, devisee or Art. 1030. Testamentary provisions in favor of the poor in general,
legatee must be living at the moment the succession opens, without designation of particular persons or of any community, shall
except in case of representation, when it is proper. be deemed limited to the poor living in the domicile of the testator at
the time of his death, unless it should clearly appear that his intention
Art. 1024. Persons not incapacitated by law may succeed by will or was otherwise.
ab intestato.
The designation of the persons who are to be considered as poor
The provisions relating to incapacity by will are equally applicable to and the distribution of the property shall be made by the person
intestate succession. (744, 914) appointed by the testator for the purpose; in default of such person,
by the executor, and should there be no executor, by the justice of
Art. 1025. In order to be capacitated to inherit, the heir, devisee or
the peace, the mayor, and the municipal treasurer, who shall decide
legatee must be living at the moment the succession opens, except
by a majority of votes all questions that may arise. In all these cases,
in case of representation, when it is proper.
the approval of the Court of First Instance shall be necessary.
A child already conceived at the time of the death of the decedent is
The preceding paragraph shall apply when the testator has disposed
capable of succeeding provided it be born later under the conditions
of his property in favor of the poor of a definite locality.
prescribed in article 41. (n)
c. Who are incapable of succeeding?
Art. 1026. A testamentary disposition may be made to the State,
provinces, municipal corporations, private corporations, Art. 1025. In order to be capacitated to inherit, the heir, devisee or
organizations, or associations for religious, scientific, cultural, legatee must be living at the moment the succession opens, except
educational, or charitable purposes. in case of representation, when it is proper.
All other corporations or entities may succeed under a will, unless A child already conceived at the time of the death of the decedent is
there is a provision to the contrary in their charter or the laws of their capable of succeeding provided it be born later under the conditions
creation, and always subject to the same. prescribed in article 41.
Art. 1029. Should the testator dispose of the whole or part of his Art. 1027. The following are incapable of succeeding:
property for prayers and pious works for the benefit of his soul, in
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(1) The priest who heard the confession of the testator during his last (1) Parents who have abandoned their children or induced their
illness, or the minister of the gospel who extended spiritual aid to him daughters to lead a corrupt or immoral life, or attempted against their
during the same period; virtue;
(2) The relatives of such priest or minister of the gospel within the (2) Any person who has been convicted of an attempt against the life
fourth degree, the church, order, chapter, community, organization, or of the testator, his or her spouse, descendants, or ascendants;
institution to which such priest or minister may belong;
(3) Any person who has accused the testator of a crime for which the
(3) A guardian with respect to testamentary dispositions given by a law prescribes imprisonment for six years or more, if the accusation
ward in his favor before the final accounts of the guardianship have has been found groundless;
been approved, even if the testator should die after the approval
thereof; nevertheless, any provision made by the ward in favor of the (4) Any heir of full age who, having knowledge of the violent death of
guardian when the latter is his ascendant, descendant, brother, the testator, should fail to report it to an officer of the law within a
sister, or spouse, shall be valid; month, unless the authorities have already taken action; this
prohibition shall not apply to cases wherein, according to law, there
(4) Any attesting witness to the execution of a will, the spouse, is no obligation to make an accusation;
parents, or children, or any one claiming under such witness,
spouse, parents, or children; (5) Any person convicted of adultery or concubinage with the spouse
of the testator;
(5) Any physician, surgeon, nurse, health officer or druggist who took
care of the testator during his last illness; (6) Any person who by fraud, violence, intimidation, or undue
influence should cause the testator to make a will or to change one
(6) Individuals, associations and corporations not permitted by law to already made;
inherit.
(7) Any person who by the same means prevents another from
Art. 1028. The prohibitions mentioned in article 739, concerning making a will, or from revoking one already made, or who supplants,
donations inter vivos shall apply to testamentary provisions. conceals, or alters the latter's will;
Art. 1031. A testamentary provision in favor of a disqualified person, (8) Any person who falsifies or forges a supposed will of the
even though made under the guise of an onerous contract, or made decedent. (756, 673, 674a)
through an intermediary, shall be void. (755)
Art. 1033. The cause of unworthiness shall be without effect if the
Art. 1032. The following are incapable of succeeding by reason of testator had knowledge thereof at the time he made the will, or if,
unworthiness: having known of them subsequently, he should condone them in
writing.
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Art. 990. The hereditary rights granted by the two preceding articles preservation of the hereditary property, and to enforce such credits
to illegitimate children shall be transmitted upon their death to their as he may have against the estate. (n)
descendants, who shall inherit by right of representation from their
deceased grandparent. (941a) Art. 1014. If a person legally entitled to the estate of the deceased
appears and files a claim thereto with the court within five years from
Art. 991. If legitimate ascendants are left, the illegitimate children the date the property was delivered to the State, such person shall
shall divide the inheritance with them, taking one-half of the estate, be entitled to the possession of the same, or if sold the municipality
whatever be the number of the ascendants or of the illegitimate or city shall be accountable to him for such part of the proceeds as
children. (942-841a) may not have been lawfully spent.
Art. 992. An illegitimate child has no right to inherit abintestato from

f. Liabilities of the excluded heir
the legitimate children and relatives of his father or mother; nor shall
such children or relatives inherit in the same manner from the Art. 1038. Any person incapable of succession, who, disregarding
illegitimate child. the prohibition stated in the preceding articles, entered into the
possession of the hereditary property, shall be obliged to return it
d. Effect of alienations by the excluded heir
together it its accessions.
Art. 1036. Alienations of hereditary property, and acts of
He shall be liable for all the fruits and rents he may have received, or
administration performed by the excluded heir, before the judicial
could have received through the exercise of due diligence.
order of exclusion, are valid as to the third persons who acted in
good faith; but the co-heirs shall have a right to recover damages g. Prescription of Action
from the disqualified heir.
Art. 1040. The action for a declaration of incapacity and for the
e. Rights of the excluded heir recovery of the inheritance, devise or legacy shall be brought within
five years from the time the disqualified person took possession
Art. 1035. If the person excluded from the inheritance by reason of
thereof. It may be brought by anyone who may have an interest in
incapacity should be a child or descendant of the decedent and
the succession.
should have children or descendants, the latter shall acquire his right
to the legitime.
The person so excluded shall not enjoy the usufruct and E. Object of Succession
administration of the property thus inherited by his children.
Art. 776. The inheritance includes all the property, rights and
Article 1037. The unworthy heir who is excluded from the succession obligations of a person which are not extinguished by his death.
has a right to demand indemnity or any expenses incurred in the
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Art. 781. The inheritance of a person includes not only the property All services which are not contrary to law, morals, good customs,
and the transmissible rights and obligations existing at the time of his public order or public policy may likewise be the object of a contract.
death, but also those which have accrued thereto since the opening
of the succession. (Revised Penal Code) Art. 108. Obligation to make restoration,
reparation for damages, or indemnification for consequential
Art. 1311. Contracts take effect only between the parties, their damages and actions to demand the same; Upon whom it devolves.
assigns and heirs, except in case where the rights and obligations The obligation to make restoration or reparation for damages and
arising from the contract are not transmissible by their nature, or by indemnification for consequential damages devolves upon the heirs
stipulation or by provision of law. The heir is not liable beyond the of the person liable.
value of the property he received from the decedent.
The action to demand restoration, reparation, and indemnification
If a contract should contain some stipulation in favor of a third likewise descends to the heirs of the person injured.
person, he may demand its fulfillment provided he communicated his
acceptance to the obligor before its revocation. A mere incidental Reyes v. CA, S.C. L-5620 July 31, 1954
benefit or interest of a person is not sufficient. The contracting parties - If the contract is void, the property still forms part of the
must have clearly and deliberately conferred a favor upon a third inheritance in order not to prejudice the heir.
person. - The natural children of the deceased in this case are
questioning the intrinsic validity of the will on the ground that
Art. 1429. When a testate or intestate heir voluntarily pays a debt of his compulsory heir cannot be one, as theirs was an illicit
the decedent exceeding the value of the property which he received relationship. SC held that as a general rule, courts in probate
by will or by the law of intestacy from the estate of the deceased, the proceedings are limited to pass only upon the extrinsic
payment is valid and cannot be rescinded by the payer. validity of the will sought to be probated. There are, however,
notable circumstances wherein the intrinsic validity was first
Art. 1178. Subject to the laws, all rights acquired in virtue of an determined as when the defect of the will is apparent on its
obligation are transmissible, if there has been no stipulation to the face and the probate of the will may become a useless
contrary. ceremony if it is intrinsically invalid. The intrinsic validity of a
will may be passed upon because practical considerations
Art. 1347. All things which are not outside the commerce of men, demanded it as when there is preterition of heirs or the
including future things, may be the object of a contract. All rights testamentary provisions are doubtful legality. In this case
which are not intransmissible may also be the object of contracts. however, there was never an open admission of any illicit
relationship. Thus, there was no need to go beyond the face
No contract may be entered into upon future inheritance except in
of the will.
cases expressly authorized by law.
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Guinto v. Medina, 50 O.G. # 1, p. 199, Oct. 7, 1953. legislation, provided said new right does not prejudice or impair any
- SC held that the heirs of a defendant in a civil action is liable vested or acquired right, of the same origin.
for damages for such action survives despite the defendants
death. Art. 533. The possession of hereditary property is deemed
- As they are merely substituted in place of Santiago Medina transmitted to the heir without interruption and from the moment of
upon his death, their liability is only up to the extent of the
the death of the decedent, in case the inheritance is accepted.
value of the property, which they might have received from
the original defendant, Santiago Medina.
One who validly renounces an inheritance is deemed never to have
possessed the same.
F. Opening of Succession
Art. 1347. All things which are not outside the commerce of men,
Art. 777. The rights to the succession are transmitted from the including future things, may be the object of a contract. All rights
moment of the death of the decedent. which are not intransmissible may also be the object of contracts.
Art. 2263. Rights to the inheritance of a person who died, with or No contract may be entered into upon future inheritance except in
without a will, before the effectivity of this Code, shall be governed by cases expressly authorized by law.
the Civil Code of 1889, by other previous laws, and by the Rules of
All services which are not contrary to law, morals, good customs,
Court. The inheritance of those who, with or without a will, die after
public order or public policy may likewise be the object of a contract.
the beginning of the effectivity of this Code, shall be adjudicated and
distributed in accordance with this new body of laws and by the Art. 1461. Things having a potential existence may be the object of
Rules of Court; but the testamentary provisions shall be carried out the contract of sale.
insofar as they may be permitted by this Code. Therefore, legitimes,
betterments, legacies and bequests shall be respected; however, The efficacy of the sale of a mere hope or expectancy is deemed
their amount shall be reduced if in no other manner can every subject to the condition that the thing will come into existence.
compulsory heir be given his full share according to this Code.
The sale of a vain hope or expectancy is void.
Art. 2253. The Civil Code of 1889 and other previous laws shall
govern rights originating, under said laws, from acts done or events Art. 130. The future spouses may give each other in their marriage
which took place under their regime, even though this Code may settlements as much as one-fifth of their present property, and with
regulate them in a different manner, or may not recognize them. But respect to their future property, only in the event of death, to the
if a right should be declared for the first time in this Code, it shall be extent laid down by the provisions of this Code referring to
effective at once, even though the act or event which gives rise testamentary succession.
thereto may have been done or may have occurred under prior
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Art. 132. A donation by reason of marriage is not revocable, save in (3) A person who has been in danger of death under other
the following cases: circumstances and his existence has not been known for four years.
(1) If it is conditional and the condition is not complied with; (Family Code) Art. 84. If the future spouses agree upon a regime
other than the absolute community of property, they cannot donate to
(2) If the marriage is not celebrated; each other in their marriage settlements more than one-fifth of their
present property. Any excess shall be considered void.
(3) When the marriage takes place without the consent of the
parents or guardian, as required by law; Donations of future property shall be governed by the provisions on
testamentary succession and the formalities of wills.
(4) When the marriage is annulled, and the donee acted in bad faith;
(Family Code) Art. 86. A donation by reason of marriage may be
(5) Upon legal separation, the donee being the guilty spouse;
revoked by the donor in the following cases:
(6) When the donee has committed an act of ingratitude as specified
(1) If the marriage is not celebrated or judicially declared void ab
by the provisions of this Code on donations in general.
initio except donations made in the marriage settlements, which shall
Art. 390. After an absence of seven years, it being unknown whether be governed by Article 81;
or not the absentee still lives, he shall be presumed dead for all
(2) When the marriage takes place without the consent of the
purposes, except for those of succession.
parents or guardian, as required by law;
The absentee shall not be presumed dead for the purpose of
(3) When the marriage is annulled, and the donee acted in bad faith;
opening his succession till after an absence of ten years. If he
disappeared after the age of seventy-five years, an absence of five (4) Upon legal separation, the donee being the guilty spouse;
years shall be sufficient in order that his succession may be opened.
(5) If it is with a resolutory condition and the condition is complied
Art. 391. The following shall be presumed dead for all purposes, with;
including the division of the estate among the heirs:
(6) When the donee has committed an act of ingratitude as specified
(1) A person on board a vessel lost during a sea voyage, or an by the provisions of the Civil Code on donations in general.
aeroplane which is missing, who has not been heard of for four years
since the loss of the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war, and has Requisites for the transmission of Successional Rights
been missing for four years;
1. Express will of the testator or provision of law
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2. Death of the person whose property is the subject of Any inheritance left to minors or incapacitated persons may be
succession accepted by their parents or guardians. Parents or guardians may
repudiate the inheritance left to their wards only by judicial
Art. 43. If there is a doubt, as between two or more persons who authorization.
are called to succeed each other, as to which of them died first,
whoever alleges the death of one prior to the other, shall prove The right to accept an inheritance left to the poor shall belong to the
the same; in the absence of proof, it is presumed that they died persons designated by the testator to determine the beneficiaries
at the same time and there shall be no transmission of rights and distribute the property, or in their default, to those mentioned in
from one to the other. Article 1030. (992a)
Survivorship Rule: Art. 1045. The lawful representatives of corporations, associations,

institutions and entities qualified to acquire property may accept any
Rule 131, Sec.3(ii)That a trustee or other person whose duty it inheritance left to the latter, but in order to repudiate it, the approval
was to convey real property to a particular person has actually of the court shall be necessary.(993a)
conveyed it to him when such presumption is necessary to
perfect the title of such person or his successor in interest Art. 1046. Public official establishments can neither accept nor
repudiate an inheritance without the approval of the
government. (994)
3. Acceptance of the inheritance Art. 1047. A married woman of age may repudiate an inheritance
without the consent of her husband. (995a)
Art. 1041. The acceptance or repudiation of the inheritance is an act
which is purely voluntary and free. (988) Art. 1048. Deaf-mutes who can read and write may accept or
repudiate the inheritance personally or through an agent. Should
Art. 1042. The effects of the acceptance or repudiation shall always they not be able to read and write, the inheritance shall be accepted
retroact to the moment of the death of the decedent. (989) by their guardians. These guardians may repudiate the same with
judicial approval. (996a)
Art. 1043. No person may accept or repudiate an inheritance unless
he is certain of the death of the person from whom he is to inherit, Art. 1049. Acceptance may be express or tacit.
and of his right to the inheritance. (991)
An express acceptance must be made in a public or private
Art. 1044. Any person having the free disposal of his property may document.
accept or repudiate an inheritance.
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A tacit acceptance is one resulting from acts by which the intention to the persons to whom, in accordance with the rules established in this
accept is necessarily implied, or which one would have no right to do Code, it may belong. (1001)
except in the capacity of an heir.
Art. 1053. If the heir should die without having accepted or
Acts of mere preservation or provisional administration do not imply repudiated the inheritance his right shall be transmitted to his
an acceptance of the inheritance if, through such acts, the title or heirs. (1006)
capacity of an heir has not been assumed. (999a)
Art. 1054. Should there be several heirs called to the inheritance,
Art. 1050. An inheritance is deemed accepted: some of them may accept and the others may repudiate it. (1007a)
(1) If the heirs sells, donates, or assigns his right to a Art. 1055. If a person, who is called to the same inheritance as an
stranger, or to his co-heirs, or to any of them; heir by will and ab intestato, repudiates the inheritance in his
capacity as a testamentary heir, he is understood to have repudiated
(2) If the heir renounces the same, even though gratuitously, it in both capacities.
for the benefit of one or more of his co-heirs;
Should he repudiate it as an intestate heir, without knowledge of his
(3) If he renounces it for a price in favor of all his co-heirs being a testamentary heir, he may still accept it in the latter
indiscriminately; but if this renunciation should be gratuitous, capacity. (1009)
and the co-heirs in whose favor it is made are those upon
whom the portion renounced should devolve by virtue of Art. 1056. The acceptance or repudiation of an inheritance, once
accretion, the inheritance shall not be deemed as made, is irrevocable, and cannot be impugned, except when it was
accepted. (1000) made through any of the causes that vitiate consent, or when an
unknown will appears. (997)
Art. 1051. The repudiation of an inheritance shall be made in a public
or authentic instrument, or by petition presented to the court having Art. 1057. Within thirty days after the court has issued an order for
jurisdiction over the testamentary or intestate proceedings. (1008) the distribution of the estate in accordance with the Rules of Court,
the heirs, devisees and legatees shall signify to the court having
Art. 1052. If the heir repudiates the inheritance to the prejudice of his jurisdiction whether they accept or repudiate the inheritance.
own creditors, the latter may petition the court to authorize them to
accept it in the name of the heir. If they do not do so within that time, they are deemed to have
accepted the inheritance. (n)
The acceptance shall benefit the creditors only to an extent sufficient
to cover the amount of their credits. The excess, should there be any, Uson v. Del Rosario, 92 Phil. 530
shall in no case pertain to the renouncer, but shall be adjudicated to
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- Rights recognized for the first time in the NCC shall be given - The question as to whether an action survives or not
retroactive effect subject to the exception when an acquired depends on the nature of the action and the damage sued
or vested right shall be impaired. for. In the causes of action which survive, the wrong
- Article 2253 provides that "if a right should be declared for complained [of] affects primarily and principally property and
the first time in this Code, it shall be effective at once, even property rights, the injuries to the person being merely
though the act or event which gives rise thereto may have incidental, while in the causes of action which do not survive,
been done or may have occurred under the prior legislation, the injury complained of is to the person, the property and
provided said new right does not prejudice or impair any rights of property affected being incidental.
vested or acquired right, of the same origin." The right of
ownership of Uson became vested in 1945 upon the death of Cruz v. Cruz, G.R. No. 173292, September 1, 2010
her husband this is so because of Art. 777. The new right - A Petition for Declaration of Nullity of Deed of Sale of Real
Property is one relating to property and property rights, and
recognized under the NCC in favor of illegitimate children of
therefore, survives the death of the petitioner.
the deceased cannot be asserted to the impairment of the
vested right of Uson over the lands. Bough v. Modesto, Jan 28, 1954, 94 Phil.
- The contract is valid. It is well settled that rights by
De Borja v. De Borja, 46 SCRA 577 inheritance are acquired and transmitted upon the death of
- The claim of the defendants that Maria Uson (legal wife) the decedent. If this is so, it must necessarily follow that it is
has relinquished her right over the lands in question because perfectly legal for an heir to enter into a contract of the
she expressly renounced to inherit any future property that nature of the document (Modesto agreed that he would
her husband may acquire and leave upon his death in the share with Restituto whatever property he might inherit from
deed of separation they had entered into cannot be his deceased wife) in this case, the understanding to be, of
entertained for the simple reason that future inheritance course, that the contract would be effective only if and when
cannot be the object of a contract nor can it be renounced. he is really declared an heir and only as regards any
property that might be adjudicated to him as such.
Bonilla v. Barcena, 71 SCRA 491 Borromeo-Herrera v. Borromeo, 152 SCRA 171

- From the moment of the death of the decedent, the heirs - The heirs could waive their hereditary rights in 1967 even
become the absolute owners of his property, subject to the if the order to partition the estate was issued only in 1969.
rights and obligations of the decedent, and they cannot be The prevailing jurisprudence on waiver of hereditary rights is
deprived of their rights thereto except by the methods that "the properties included in an existing inheritance cannot
provided for by law. The moment of death is the determining be considered as belonging to third persons with respect to
factor when the heirs acquire a definite right to the the heirs, who by fiction of law continue the personality of the
inheritance whether such right be pure or contingent. The former. Nor do such properties have the character of future
right of the heirs to the property of the deceased vests in property, because the heirs acquire a right to succession
them even before judicial declaration of their being heirs in from the moment of the death of the deceased.
the testate or intestate proceedings.
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- For a waiver to exist, three elements are essential: (1) the 3. Mixed
existence of a right; (2) the knowledge of the existence
thereof; and (3) an intention to relinquish such right. The Art. 780. Mixed succession is that effected partly by will and partly
intention to waive a right or advantage must be shown byoperation of law.
clearly and convincingly. The circumstances of this case
show that the signatories to the waiver document did not
have the clear and convincing intention to relinquish their 4. Contractual
rights, in fact on a later date, an agreement to partition was
signed by the heirs and was approved by the trial court. Art. 130. The future spouses may give each other in their marriage
settlements as much as one-fifth of their present property, and with
respect to their future property, only in the event of death, to the
G. Kinds of Succession extent laid down by the provisions of this Code referring to
Art. 778. Succession may be: testamentary succession.
(1) Testamentary;
(2) Legal or intestate; or Art. 1347. All things which are not outside the commerce of men,
(3) Mixed. including future things, may be the object of a contract. All rights
which are not intransmissible may also be the object of contracts.
1. Testamentary
Art. 779. Testamentary succession is that which results from the
designation of an heir, made in a will executed in the form prescribed No contract may be entered into upon future inheritance except in
by law cases expressly authorized by law.
2. Legal or Intestate
Art. 960. Legal or intestate succession takes place: All services which are not contrary to law, morals, good customs,
(1) If a person dies without a will, or with a void will, or one which has public order or public policy may likewise be the object of a contract.
subsequently lost its validity;
(2) When the will does not institute an heir to, or dispose of all the Art. 752. The provisions of Article 750 notwithstanding, no person
property belonging to the testator. In such case, legal succession may give or receive, by way of donation, more than he may give or
shall take place only with respect to the property of which the testator receive by will.
has not disposed;
The donation shall be inofficious in all that it may exceed this
(3) If the suspensive condition attached to the institution of heir does limitation.
not happen or is not fulfilled, or if the heir dies before the testator, or
repudiates the inheritance, there being no substitution, and no right
(Family Code) Art. 84. If the future spouses agree upon a regime
of accretion takes place;
other than the absolute community of property, they cannot donate to
each other in their marriage settlements more than one-fifth of their
(4) When the heir instituted is incapable of succeeding, except in present property. Any excess shall be considered void.
cases provided in this Code.
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Donations of future property shall be governed by the provisions on Article 798. In order to make a will it is essential that the testator be
testamentary succession and the formalities of wills. of sound mind at the time of its execution. (n)
5. Compulsory Article 777. The rights to the succession are transmitted from the
moment of the death of the decedent. (657a)
Article 818. Two or more persons cannot make a will jointly, or in the
TESTAMENTARY SUCCESSION same instrument, either for their reciprocal benefit or for the benefit
of a third person. (669)
II. WILLS
Article 784. The making of a will is a strictly personal act; it cannot be
A. Definition. left in whole or in part to the discretion of a third person, or
Article 783. A will is an act whereby a person is permitted, with the accomplished through the instrumentality of an agent or attorney.
formalities prescribed by law, to control to a certain degree the (670a)
disposition of this estate, to take effect after his death. (667a)
Article 785. The duration or efficacy of the designation of heirs,
B. Characteristics devisees or legatees, or the determination of the portions which they
Article 783. A will is an act whereby a person is permitted, with the are to take, when referred to by name, cannot be left to the discretion
formalities prescribed by law, to control to a certain degree the of a third person. (670a)
disposition of this estate, to take effect after his death. (667a)
Article 786. The testator may entrust to a third person the distribution
Article 839. The will shall be disallowed in any of the following cases: of specific property or sums of money that he may leave in general to
xx specified classes or causes, and also the designation of the persons,
xx institutions or establishments to which such property or sums are to
(3) If it was executed through force or under duress, or the influence be given or applied. (671a)
of fear, or threats;
(4) If it was procured by undue and improper pressure and influence, Article 787. The testator may not make a testamentary disposition in
on the part of the beneficiary or of some other person; such manner that another person has to determine whether or not it
Article 828. A will may be revoked by the testator at any time before is to be operative. (n)
his death. Any waiver or restriction of this right is void. (737a)
Article 796. All persons who are not expressly prohibited by law may C. Interpretation of Wills
make a will. (662)
Article 788. If a testamentary disposition admits of different
Article 797. Persons of either sex under eighteen years of age interpretations, in case of doubt, that interpretation by which the
cannot make a will. (n) disposition is to be operative shall be preferred. (n)
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Article 789. When there is an imperfect description, or when no unless it clearly appears from the will that he intended to convey a
person or property exactly answers the description, mistakes and less interest. (n)
omissions must be corrected, if the error appears from the context of
the will or from extrinsic evidence, excluding the oral declarations of Article 930. The legacy or devise of a thing belonging to another
the testator as to his intention; and when an uncertainty arises upon person is void, if the testator erroneously believed that the thing
the face of the will, as to the application of any of its provisions, the pertained to him. But if the thing bequeathed, though not belonging
testator's intention is to be ascertained from the words of the will, to the testator when he made the will, afterwards becomes his, by
taking into consideration the circumstances under which it was whatever title, the disposition shall take effect. (862a)
made, excluding such oral declarations. (n)
Solla v. Ascuenta, 49 Phil. 333
Article 790. The words of a will are to be taken in their ordinary and Where the testator's intention is manifest from the context of the will
grammatical sense, unless a clear intention to use them in another and surrounding circumstances, but is obscured by inapt and
sense can be gathered, and that other can be ascertained. inaccurate modes of expression, the language will be subordinated
Technical words in a will are to be taken in their technical sense, to the intention, and in order to give effect to such intention, as far as
unless the context clearly indicates a contrary intention, or unless it possible, the court may depart from the strict wording and read word
satisfactorily appears that the will was drawn solely by the testator, or phrase in a sense different from that which is ordinarily attributed
and that he was unacquainted with such technical sense. to it, and for such purpose may mould or change the language of the
(675a) will. such as restricting its application or supplying omitted words or
phrases.
Article 791. The words of a will are to receive an interpretation which
will give to every expression some effect, rather than one which will
render any of the expressions inoperative; and of two modes of
interpreting a will, that is to be preferred which will prevent intestacy.
(n)
Article 792. The invalidity of one of several dispositions contained in TESTAMENTARY CAPACITY AND INTENT
a will does not result in the invalidity of the other dispositions, unless A. Who may make a will?
it is to be presumed that the testator would not have made such
other dispositions if the first invalid disposition had not been made. Article 796. All persons who are not expressly prohibited by law may
(n) make a will. (662)
Article 793. Property acquired after the making of a will shall only Article 797. Persons of either sex under eighteen years of age
pass thereby, as if the testator had possessed it at the time of cannot make a will. (n)
making the will, should it expressly appear by the will that such was
his intention. (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. (n)
Article 794. Every devise or legacy shall cover all the interest which
the testator could device or bequeath in the property disposed of,
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Article 799. To be of sound mind, it is not necessary that the testator

be in full possession of all his reasoning faculties, or that his mind be
wholly unbroken, unimpaired, or unshattered by disease, injury or Baltazar v. Laxa, G.R. No. 174489, April 11, 2012
- The burden of proving the testators incapacity lies on those
other cause.
who assail the validity of his will. It must be proven with clear
and convincing evidence and not just bare allegation of
It shall be sufficient if the testator was able at the time of making the
forgetfulness.
will to know the nature of the estate to be disposed of, the proper
objects of his bounty, and the character of the testamentary act. (n)
IV. SOLEMNITIES OF WILLS
Article 800. The law presumes that every person is of sound mind, in A. Kinds of Wills. Arts. 804, 810
the absence of proof to the contrary.
Article 804. Every will must be in writing and executed in a language
The burden of proof that the testator was not of sound mind at the or dialect known to the testator. (n)
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 Article 810. A person may execute a holographic will which must be
making his will was publicly known to be insane, the person who entirely written, dated, and signed by the hand of the testator
himself. It is subject to no other form, and may be made in or out of
maintains the validity of the will must prove that the testator made it
the Philippines, and need not be witnessed. (678, 688a)
during a lucid interval. (n)
B. Notarial Wills
Article 801. Supervening incapacity does not invalidate an effective
will, nor is the will of an incapable validated by the supervening of 1. General requirements.
capacity. (n)
Article 804. Every will must be in writing and executed in a language
Article 802. A married woman may make a will without the consent of or dialect known to the testator. (n)
her husband, and without the authority of the court. (n)
Suroza v. Honrado, 110 SCRA 388
Article 803. A married woman may dispose by will of all her separate - A will written in a language not known to the testator is void. It runs
property as well as her share of the conjugal partnership or absolute contrary to the mandatory provision of Article 804 of the Civil Code
community property. (n) that every will must be executed in a language or dialect known to
the testator.
B. Supervening incapacity - In the opening paragraph of the will, it was stated that English was
a language understood and known to the testatrix. But in its
Article 801. Supervening incapacity does not invalidate an effective concluding paragraph, it was stated that the will was read to the
will, nor is the will of an incapable validated by the supervening of testatrix and translated into Filipino language.
capacity. (n)
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2. Specific requirements. - A cross cannot be taken as the signature of the testator

absent proof unless it is his usual signature.
Article 805. Every will, other than a holographic will, must be - The cross was not proven to be the signature of the
subscribed at the end thereof by the testator himself or by the testator.
testator's name written by some other person in his presence, and by
Balonan v. Abellana, 109 Phil. 358
his express direction, and attested and subscribed by three or more
- The law requires that the testator himself sign the will, or if
credible witnesses in the presence of the testator and of one another. he cannot do so, the testator's name must be written by
some other person in his presence and by his express
The testator or the person requested by him to write his name and direction.
the instrumental witnesses of the will, shall also sign, as aforesaid, - The present law, Article 805 of the Civil Code, in part
each and every page thereof, except the last, on the left margin, and provides as follows: Every will, other than a holographic will,
all the pages shall be numbered correlatively in letters placed on the must be subscribed at the end thereof by the testator himself
upper part of each page. or by the testator's name written by some other person in his
presence, and by his express direction, and attested and
The attestation shall state the number of pages used upon which the
subscribed by three or more credible witness in the presence
will is written, and the fact that the testator signed the will and every
of the testator and of one another.
page thereof, or caused some other person to write his name, under
- Note that the old law as well as the new requires that the
his express direction, in the presence of the instrumental witnesses,
testator himself sign the will, or if he cannot do so, the
and that the latter witnessed and signed the will and all the pages
testator's name must be written by some other person in his
thereof in the presence of the testator and of one another.
presence and by his express direction.
If the attestation clause is in a language not known to the witnesses,
Nera v. Rimando, 18 Phil. 450
it shall be interpreted to them. (n)
- The true test of presence of the testator and the witnesses
in the execution of a will is not whether they actually saw
Article 806. Every will must be acknowledged before a notary public
each other sign, but whether they might have been seen
by the testator and the witnesses. The notary public shall not be each other sign, had they chosen to do so, considering their
required to retain a copy of the will, or file another with the office of mental and physical condition and position with relation to
the Clerk of Court.(n) each other at the moment of inscription of each signature.
The position of the parties with relation to each other at the
moment of the subscription of each signature, must be such
that they may see each other sign if they choose to do so.
Garcia v. Lacuesta, 90 Phil. 489
- An attestation clause must state that another person Taboada v. Rosal, 118 SCRA 195
wrote the testators name under the latters express - When the testator signs at the left hand margin of the
direction. last page instead of the attestation clause, it is considered
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an unsubstantial defect which must be ignored in order to acknowledgment portion. As such, it disallowed the will for not having
fulfill the wishes of the decedent. been executed and attested in accordance with law.
Defects: Icasiano v. Icasiano, 11 SCRA 422

1. No indication of total number of pages = disposition stated - The prevailing policy is to require satisfaction of the legal
total number of pages; requirements in order to guard against fraud and bad faith
2. Signature of testatrix at the left hand margin and not at the but without undue or unnecessary curtailment of
end = it is an unsubstantial defect which may be ignored. testamentary privilege.
- The inadvertent failure of one witness to affix his signature
to one page of a testament, due to the simultaneous lifting
Echavez v. Dozen Construction, G.R. No. 192916, of two pages in the course of signing, is not per se sufficient
October 11, 2010 to justify denial of probate. Impossibility of substitution of
- An acknowledgment is made by one executing a deed, this page is assured not only the fact that the testatrix and
declaring before a competent officer or court that the deed or two other witnesses did sign the defective page, but also by
act is his own. On the other hand, the attestation of a will its bearing the coincident imprint of the seal of the notary
refers to the act of the instrumental witnesses themselves public before whom the testament was ratified by testatrix
who certify to the execution of the instrument before them and all three witnesses.
and to the manner of its execution. - The law should not be so strictly and literally interpreted as
- An attestation must state all the details the third paragraph of to penalize the testatrix on account of the inadvertence of a
Article 805 requires. In the absence of the required avowal single witness over whose conduct she had no control,
by the witnesses themselves, no attestation clause can be where the purpose of the law to guarantee the identity of
deemed embodied in the Acknowledgement of the Deed of the testament and its component pages is sufficiently
Donation Mortis Causa. attained, no intentional or deliberate deviation existed, and
the evidence on record attests to the full observance of the
In re Enrique Lopez. Lopez v. Lopez, G.R. No. 189984, statutory requisites. The prevailing policy is to require
November 12, 2012 satisfaction of the legal requirements in order to guard
- The law is clear that the attestation must state the against fraud and bad faith but without undue or
number of pages used upon which the will is written. The purpose of unnecessary curtailment of testamentary privilege.
the law is to safeguard against possible interpolation or omission of - The law should not be so strictly and literally interpreted as
one or some of its pages and prevent any increase or decrease in to penalize the testatrix on account of the inadvertence of a
the pages. It held that while Article 809 of the same Code requires single witness over whose conduct she had no control,
mere substantial compliance of the form in Article 805, the rule only where the purpose of the law to guarantee the identity of
applies if the number of pages is reflected somewhere else in the will the testament and its component pages is sufficiently
with no evidence aliunde or extrinsic evidence required. While the attained, no intentional or deliberate deviation existed, and
acknowledgment portion stated that the will consists of 7 pages the evidence on record attests to the full observance of the
including the page on which the ratification and acknowledgment are statutory requisites. The prevailing policy is to require
written, the RTC observed that it has 8 pages including the satisfaction of the legal requirements in order to guard
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against fraud and bad faith but without undue or (2) Those who have been convicted of falsification of a
unnecessary curtailment of testamentary privilege. document, perjury or false testimony. (n)
Cruz v. Villasor, 54 SCRA, 31 Article 824. A mere charge on the estate of the testator for
- The notary public before whom the will was the payment of debts due at the time of the testator's death
acknowledged cannot be considered as the third instrumental
does not prevent his creditors from being competent
witness since he cannot acknowledge before himself his having
signed the will. witnesses to his will. (n)
Gabucan v. Manta, 95 SCRA 752 b. Supervening incompetency.

- If the will bears no required documentary stamp, the
court should not dismiss the probation of a will but rather Article 822. If the witnesses attesting the execution of a will
require the petitioner to affix the required documentary are competent at the time of attesting, their becoming
stamp to the notarial acknowledgment of the will. subsequently incompetent shall not prevent the allowance of
the will. (n)
Javellana v. Ledesma, 97 Phil. 258
- The New Civil Code does not require that the signing of
the testator, witnesses and the notary be accomplished in one single c. Competency of interested witness.
act. All that is required is that every will must be acknowledged
before a notary public by the testator and witnesses. Article 823. If a person attests the execution of a will, to
whom or to whose spouse, or parent, or child, a devise or
legacy is given by such will, such devise or legacy shall, so
far only as concerns such person, or spouse, or parent, or
Witnesses to a will child of such person, or any one claiming under such person
or spouse, or parent, or child, be void, unless there are three
a. Who are competent?
other competent witnesses to such will. However, such
Article 820. Any person of sound mind and of the age of person so attesting shall be admitted as a witness as if such
eighteen years or more, and not blind, deaf or dumb, and devise or legacy had not been made or given. (n)
able to read and write, may be a witness to the execution of
3. Special Requirements for deaf, deaf-mute & blind
a will mentioned in article 805 of this Code. (n)
testators.
Article 821. The following are disqualified from being
Article 807. If the testator be deaf, or a deaf-mute, he must
witnesses to a will:
personally read the will, if able to do so; otherwise, he shall
(1) Any person not domiciled in the Philippines; designate two persons to read it and communicate to him, in some
practicable manner, the contents thereof. (n)
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Article 808. If the testator is blind, the will shall be read to him twice; Article 810. A person may execute a holographic will which must be
once, by one of the subscribing witnesses, and again, by the notary entirely written, dated, and signed by the hand of the testator himself.
public before whom the will is acknowledged. (n) It is subject to no other form, and may be made in or out of the
Philippines, and need not be witnessed. (678, 688a)
Garcia v. Vasquez, 32 SCRA 489
- Art. 808 of the NCC provides that: if the testator is blind, the Article 812. In holographic wills, the dispositions of the testator
will shall be read to him twice; once by one of the written below his signature must be dated and signed by him in order
subscribing witnesses, and again by the notary public before to make them valid as testamentary dispositions. (n)
whom the will is acknowledged. The rationale behind the
requirement of reading the will to the testator if he is blind or Article 813. When a number of dispositions appearing in a
incapable of reading is to make the provisions thereof known holographic will are signed without being dated, and the last
to him, so that he may able to object if they are not in disposition has a signature and a date, such date validates the
accordance with his wishes. The aim of the law is to ensure dispositions preceding it, whatever be the time of prior dispositions.
that the dispositions of the will are properly communicated to (n)
and understood by the handicapped testator, thus, making
them truly reflective of his desire.
Roxas v. De Jesus, 134 SCRA 245
- A date containing the month and year, without indicating the
4. Substantial Compliance. specific day, is valid compliance with art 810 (holographic will
must be dated) there being no appearance of fraud, bad
Article 809. In the absence of bad faith, forgery, or fraud, or undue faith, undue influence and pressure.
and improper pressure and influence, defects and imperfections in
Kalaw v. Relova, 132 SCRA 237
the form of attestation or in the language used therein shall not - As a general rule only parts which are under erasures,
render the will invalid if it is proved that the will was in fact executed corrections, and interlineations made by the testator in a
and attested in substantial compliance with all the requirements of holographic will litem not been noted under his signature
article 805. (n) shall be deemed void, HOWEVER if those particular words
are erased or corrected if made void would not leave the will
with anything to stand on, is shall be void as a whole.
C. Holographic Wills
1. General requirements. V. INCORPORATION OF DOCUMENT BY REFERENCE.
Article 804. Every will must be in writing and executed in a Article 827. If a will, executed as required by this Code, incorporates
language or dialect known to the testator. (n) into itself by reference any document or paper, such document or
paper shall not be considered a part of the will unless the following
2. Specific requirements. requisites are present:
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(1) The document or paper referred to in the will must be in existence estate distributed in accordance therewith, if its contents, and due
at the time of the execution of the will; execution, and the fact of its unauthorized destruction, cancellation,
or obliteration are established according to the Rules of Court. (n)
(2) The will must clearly describe and identify the same, stating
among other things the number of pages thereof; B. Solemnities. Art. 826
(3) It must be identified by clear and satisfactory proof as the Article 826. In order that a codicil may be effective, it shall be
document or paper referred to therein; and executed as in the case of a will. (n)
(4) It must be signed by the testator and the witnesses on each and
every page, except in case of voluminous books of account or
inventories. (n) VII. REVOCATION OF WILLS AND TESTAMENTARY
DISPOSITIONS
VI. CODICILS A. Definition of revocation
A. Definition. Art. 825, 830 B. When may revocation be effected.
Article 825. A codicil is supplement or addition to a will, made after Article 828. A will may be revoked by the testator at any time before
the execution of a will and annexed to be taken as a part thereof, by his death. Any waiver or restriction of this right is void. (737a)
which disposition made in the original will is explained, added to, or
altered. (n) C. Law governing revocation.
Article 830. No will shall be revoked except in the following cases: Article 829. A revocation done outside the Philippines, by a person
who does not have his domicile in this country, is valid when it is
(1) By implication of law; or done according to the law of the place where the will was made, or
according to the law of the place in which the testator had his
(2) By some will, codicil, or other writing executed as provided in domicile at the time; and if the revocation takes place in this country,
case of wills; or when it is in accordance with the provisions of this Code. (n)
(3) By burning, tearing, cancelling, or obliterating the will with the D. Modes of revocation.
intention of revoking it, by the testator himself, or by some other
person in his presence, and by his express direction. If burned, torn, Article 830. No will shall be revoked except in the following cases:
cancelled, or obliterated by some other person, without the express
direction of the testator, the will may still be established, and the (1) By implication of law; or
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(2) By some will, codicil, or other writing executed as provided in requisite alone would not suffice. Animus revocandi is only
case of wills; or one of the necessary elements for the effective revocation of
a last will and testament. The intention to revoke must be
(3) By burning, tearing, cancelling, or obliterating the will with the accompanied by the overt physical act of burning, tearing,
intention of revoking it, by the testator himself, or by some other obliterating, or cancelling the will carried out by the testator
person in his presence, and by his express direction. If burned, torn, or by another person in his presence and under his express
cancelled, or obliterated by some other person, without the express direction.
direction of the testator, the will may still be established, and the - There is paucity of evidence to show compliance with these
estate distributed in accordance therewith, if its contents, and due requirements. For one, the documents or papers burned by
execution, and the fact of its unauthorized destruction, cancellation, Adrianas maid, Guadalupe, was not satisfactorily
or obliteration are established according to the Rules of Court. (n) established to be a will at all, much less the will of Adriana
Maloto. For another, the burning was not proven to be under
the express direction of Adriana.
Gago v. Mamuyac, 49 Phil. 902
- Where the will which cannot be found is shown to E. Effect of revocation.
have been in possession of the testator, when last
seen, the presumption is, in the absence of other Article 831. Subsequent wills which do not revoke the previous ones
competent evidence, that the same was cancelled or in an express manner, annul only such dispositions in the prior wills
destroyed; as are inconsistent with or contrary to those contained in the later
- The fact that such cancellation or revocation has wills. (n)
taken place must either remain unproved or be
inferred from evidence showing that after due search Article 832. A revocation made in a subsequent will shall take effect,
the original will cannot be found.
even if the new will should become inoperative by reason of the
- In view of the fact that the original will of 1919 could
not be found after the death of the testator Miguel incapacity of the heirs, devisees or legatees designated therein, or
Mamuyac and in view of the positive proof that the by their renunciation. (740a)
same had been cancelled, the Court is of the
conclusion that the will presented for probate had Article 833. A revocation of a will based on a false cause or an illegal
been cancelled by the testator in 1920. cause is null and void. (n)
- Duplicate copy of a will may be admitted in evidence
when it is made to appear that the original has been Article 834. The recognition of an illegitimate child does not lose its
lost and was not cancelled or destroyed by the legal effect, even though the will wherein it was made should be
testator. revoked. (741)
Molo v. Molo, 90 Phil. 3

Casiano v. CA, 158 SCRA 451 - This doctrine is known as that of dependent relative
- In this case, while animus revocandi or the intention to revocation, and is usually applied here the testator cancels
revoke, may be conceded, for that is a state of mind, yet the
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or destroys a will or executes an instrument intended to The testator himself may, during his lifetime, petition the court having
revoke a will with a present intention to make a new jurisdiction for the allowance of his will. In such case, the pertinent
testamentary disposition as a substitute for the old, and the provisions of the Rules of Court for the allowance of wills after the
new disposition is not made or, if made, fails of effect for
testator's a death shall govern.
same reason. The doctrine is limited to the existence of
some other document, however, and has been applied
The Supreme Court shall formulate such additional Rules of Court as
where a will was destroyed as a consequence of a mistake
of law. may be necessary for the allowance of wills on petition of the
- Revocation of the first will, will be conditional and dependent testator.
upon the efficacy of the new disposition; and if, for any
reason, the new will intended to be made as a substitute is Subject to the right of appeal, the allowance of the will, either during
inoperative, the revocation fails and the original will remains the lifetime of the testator or after his death, shall be conclusive as to
in full force. its due execution. (n)
F. Doctrine of Dependent Relative Revocation
VIII. REPUBLICATION AND REVIVAL OF WILLS A. Concept of probate
Article 835. The testator cannot republish, without reproducing in a Agtarap v. Agtarap, G.R. No. 177099 and 177192, June
subsequent will, the dispositions contained in a previous one which 8, 2011
is void as to its form. (n) - GEN RULE: The jurisdiction of the trial court, either
as a probate or an intestate court, relates only to
Article 836. The execution of a codicil referring to a previous will has matters having to do with the probate of the will
the effect of republishing the will as modified by the codicil. (n) and/or settlement of the estate of deceased persons,
but does not extend to the determination of
Article 837. If after making a will, the testator makes a second will
questions of ownership that arise during the
expressly revoking the first, the revocation of the second will does
proceedings.
not revive the first will, which can be revived only by another will or - As held in several cases, a probate court or one in
codicil. (739a) charge of estate proceedings, whether testate or
intestate, cannot adjudicate or determine title to
properties claimed to be a part of the estate. All that
IX. ALLOWANCE OF WILLS. the said court could do as regards said properties is
to determine whether or not they should be included
Article 838. No will shall pass either real or personal property unless in the inventory of properties to be administered by
it is proved and allowed in accordance with the Rules of Court. the administrator.
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- EXCEPTIONS: (1) the probate court may capacity) disposing of his/her hereditary share
provisionally pass upon in an intestate or a testate immediately after such death, even if the actual
proceeding the question of inclusion in, or exclusion extent of such share is not determined until the
from, the inventory of a piece of property w/o subsequent liquidation of the estate.
prejudice to the final determination of ownership in a - It is likewise worthy of note in this connection that as
separate action; (2) if the interested parties are all the surviving spouse of Francisco de Borja, Tasiana
heirs to estate, or the question is one of collation or Ongsingco was his compulsory heir under article
advancement, or the parties consent to the 995 of the NCC.
assumption of jurisdiction by the probate court and
the rights of third parties are not impaired, then the C. Modes of probate
probate court is competent to resolve issues on
ownership. D. Requirements for probate.
Article 811. In the probate of a holographic will, it shall be necessary

that at least one witness who knows the handwriting and signature of
B. Necessity of probate the testator explicitly declare that the will and the signature are in the
handwriting of the testator. If the will is contested, at least three of
De Borja v. De Borja, 46 SCRA 577 such witnesses shall be required.
- Probate of a will is MANDATORY when the heirs
SETTLE and DISTRIBUTE the estate of the In the absence of any competent witness referred to in the preceding
decedent. paragraph, and if the court deem it necessary, expert testimony may
- Probate of will is NOT NECESSARY in the be resorted to. (619a)
CONVEYANCE of SHARE as a hereditary share in a
decedents estate is transmitted or vested Gan v. Yap, 104 Phil 509
immediately from the moment of the death of such - The courts will not distribute the property of the
deceased in accordance with his holographic will, unless
predecessor in interest. they are shown his handwriting and signature.
- Probate of will is NOT NECESSARY in the - The execution and the contents of a lost/destroyed
CONVEYANCE of share belonging to a compulsory holographic will may not be proved by the bare testimony of
heir; the compulsory heirs successional interest witnesses who have seen and/or read such will.
exists independent of the will and would exist even if - In the case of a lost will, the three subscribing witnesses
such will were not probated at all. would be testifying to a fact which they saw, namely the act
of the testator of subscribing the will; whereas in the case of
- A hereditary share in a decedents estate is
a lost holographic will, the witnesses would testify as to their
transmitted or vested immediately from the moment opinion of the handwriting which they allegedly saw, an
of the death of the decedent (w/ requisite contracting
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opinion which can not be tested in court, nor directly Codoy v. Calugay, 312 SCRA 333
contradicted by the oppositors, because the handwriting - Art. 811 is mandatory. The word shall in a statute
itself is not at hand. commonly denotes an imperative obligation and is
inconsistent with the idea of discretion and that the
presumption is that the word shall, when used in a statute
Rodelas v. Aranza, 119 SCRA 16 is mandatory.
- Pursuant to Art. 811 of the Civil Code, probate of
holographic will is the allowance of the will by the court after
its due execution has been proved. Uy Kiao Eng v. Nixon Lee, G.R. No. 176831, January 15,
- The probate may be uncontested or not. If uncontested, 2010
at least one identifying witness is required and, if not witness - The remedy of mandamus cannot be availed of by a
is available, experts may be resorted to. If contested, at least person seeking for the production of the original copy of a
three identifying witnesses are required. holographic will because there lies another plain, speedy
- However, if the holographic will has been lost/destroyed and adequate remedy in the ordinary course of law by virtue
and no other copy is available, the will cannot be probated of Rule 76, Sec. 1 and Rule 75, Secs. 2-5.
because the best and only evidence is the handwriting of the
testator in said will. It is necessary that there be a
comparison between sample handwritten statements of the Palaganas v. Palaganas, G.R. No. 169144, January 26,
testator and the handwritten will. But, a photostatic copy or 2011
xerox copy of the holographic will may be allowed because - Our laws do not prohibit the probate of wills executed by
comparison can be made with the standard writings of the foreigners abroad although the same have not as yet been
testator. probated and allowed in the countries of their execution. A
foreign will can be given legal effects in our jurisdiction. Art.
816 of the Civil Code states that the will of an alien who is
Azaola v. Singson, 109 Phil. 102 abroad produces effect in the Philippines if made in
- Whether the will is contested/not contested, Art. 811 of accordance with the formalities prescribed by the law of the
the NCC cannot be interpreted as to require the compulsory place where he resides, or according to the formalities
presentation of three witnesses to indentify the handwriting observed in his country.
of the testator, under penalty of having the probate denied. - Our rules require merely that the petition for the
- The three-witness rule in Art. 811 (when contested) can allowance of a will must show, so far as known to the
be considered mandatory only in the case of ordinary petitioner: (a) jurisdictional facts; (b) the names, ages, and
testaments, precisely because the presence of at least three residences of the heirs, legatees, and devisees of the
witnesses at the execution of ordinary wills is made by law testator or decedent; (c) the probable value and character of
essential to their validity (Art. 805). Where the will is the property of the estate; (d) the name of the person for
holographic, no witness need be present (Art. 810), and the whom letters are prayed; and (e) if the will has not been
rule requiring production of three witnesses must be deemed delivered to the court, and the name of the person having
merely permissive if absurd results are to be avoided. custody of it.
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E. Effect of allowance of wills before it is probated, the court should meet the
issue.
Gallanosa .v. Arcangel, 83 SCRA 676
- The 1939 decree of probate is conclusive as to the
due execution or formal validity of the will. That X. DISALLOWANCE OF WILLS.
means that the testator was of sound disposing mind
at the time when he executed the will and was not Article 839. The will shall be disallowed in any of the following cases:
acting under duress, menace, fraud or undue
influence; that the will was signed by him, in the (1) If the formalities required by law have not been complied with;
presence of the required number of witnesses, and
that the will is genuine and not a forgery. (2) If the testator was insane, or otherwise mentally incapable of
Accordingly, these facts cannot again be questioned making a will, at the time of its execution;
in subsequent proceeding, not even in a criminal
action for the forgery of will. (3) If it was executed through force or under duress, or the influence
of fear, or threats;
De la Cerna v. Leonides, 129 SCRA 33
(4) If it was procured by undue and improper pressure and influence,
on the part of the beneficiary or of some other person;
Roberts v. Leonides, 129 SCRA 33
- The probate of the will is mandatory. It is anomalous (5) If the signature of the testator was procured by fraud;
that the estate of a person who died testate should
be settled in an intestate proceeding. Therefore, the
(6) If the testator acted by mistake or did not intend that the
intestate case should be consolidated with the
testate proceeding and the judge assigned to the instrument he signed should be his will at the time of affixing his
testate proceeding should continue hearing two signature thereto. (n)
case.
Nepomuceno v. Ca, 139 SCRA 206

- Citing Nuguid v. Nuguid: In view of certain unusual Article 1335. There is violence when in order to wrest consent,
provisions of the will, which are of dubious legality, serious or irresistible force is employed.
and because of the motion to withdraw the petition
for probate, the trial court acted correctly in passing There is intimidation when one of the contracting parties is
upon the wills intrinsic validity even before its formal compelled by a reasonable and well-grounded fear of an imminent
validity had been established. The probate of a will and grave evil upon his person or property, or upon the person or
might become an idle ceremony if on its face, it property of his spouse, descendants or ascendants, to give his
appears to be intrinsically void.
consent.
- Where practical considerations demand that the
intrinsic validity of the will be passed upon, even
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To determine the degree of intimidation, the age, sex and condition moment that they could have seen each other sign, had
of the person shall be borne in mind. they wanted to do so.
A threat to enforce one's claim through competent authority, if the XI. LEGITIME
claim is just or legal, does not vitiate consent. (1267a)
A. Concept. Art. 886
Article 1337. There is undue influence when a person takes improper
Article 886. Legitime is that part of the testator's property which he
advantage of his power over the will of another, depriving the latter of
cannot dispose of because the law has reserved it for certain heirs
a reasonable freedom of choice. The following circumstances shall
who are, therefore, called compulsory heirs. (806)
be considered: the confidential, family, spiritual and other relations
between the parties, or the fact that the person alleged to have been
unduly influenced was suffering from mental weakness, or was Rosales v. Rosales, 148 SCRA 69
ignorant or in financial distress. (n) A surviving spouse is not an intestate heir of his or her parent-in-law.
Surviving spouse is a third party in the estate of a parent-in-law.
Intestate or legal heirs are classified into 2 groups: (1) those who
Article 1338. There is fraud when, through insidious words or inherit by their own right, and (2) those who inherit by the right of
machinations of one of the contracting parties, the other is induced to representation (article 981). The basis for right of representation is
enter into a contract which, without them, he would not have agreed blood relationship.
to. (1269)
Pascual v. de la Cruz, 28 SCRA 421 B. Who are entitled to legitimes: Compulsory heirs.
- Contradictions and inconsistencies appearing in the
testimonies of the witnesses and the notary, pointed out Article 887. The following are compulsory heirs:
by the oppositors-appellants, relate to unimportant
details of the impressions of the witnesses about certain (1) Legitimate children and descendants, with respect to their
details which could have been affected by the lapse of legitimate parents and ascendants;
time and the treachery of human memory, and which
inconsistencies, by themselves, would not alter the (2) In default of the foregoing, legitimate parents and ascendants,
probative value of their testimonies on the due execution
with respect to their legitimate children and descendants;
of the will.
- For purposes of determining the due execution of a will,
(3) The widow or widower;
it is not necessary that the instrumental witnesses
should give an accurate and detailed account of the
(4) Acknowledged natural children, and natural children by legal
proceeding, such as recalling the order of the signing of
the document by the said witnesses. It is sufficient that fiction;
they have seen or at least were so situated at the
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(5) Other illegitimate children referred to in article 287. Article 890. The legitime reserved for the legitimate parents shall be
divided between them equally; if one of the parents should have
Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by died, the whole shall pass to the survivor.
those in Nos. 1 and 2; neither do they exclude one another.
If the testator leaves neither father nor mother, but is survived by
In all cases of illegitimate children, their filiation must be duly proved. ascendants of equal degree of the paternal and maternal lines, the
legitime shall be divided equally between both lines. If the
The father or mother of illegitimate children of the three classes
ascendants should be of different degrees, it shall pertain entirely to
mentioned, shall inherit from them in the manner and to the extent
the ones nearest in degree of either line. (810)
established by this Code. (807a)
Art. 892. If only one legitimate child or descendant of the deceased
Article 902. The rights of illegitimate children set forth in the
survives, the widow or widower shall be entitled to one-fourth of the
preceding articles are transmitted upon their death to their
hereditary estate. In case of a legal separation, the surviving spouse
descendants, whether legitimate or illegitimate. (843a)
may inherit if it was the deceased who had given cause for the same.
If there are two or more legitimate children or descendants, the

C. Concurrence of compulsory heirs and their surviving spouse shall be entitled to a portion equal to the legitime of
corresponding legitimes. each of the legitimate children or descendants.
Article 888. The legitime of legitimate children and descendants In both cases, the legitime of the surviving spouse shall be taken
consists of one-half of the hereditary estate of the father and of the from the portion that can be freely disposed of by the testator. (834a)
mother.
Art. 893. If the testator leaves no legitimate descendants, but leaves
The latter may freely dispose of the remaining half, subject to the legitimate ascendants, the surviving spouse shall have a right to one-
rights of illegitimate children and of the surviving spouse as fourth of the hereditary estate.
hereinafter provided. (808a)
This fourth shall be taken from the free portion of the estate. (836a)
Article 889. The legitime of legitimate parents or ascendants consists
Art. 894. If the testator leaves illegitimate children, the surviving
of one-half of the hereditary estates of their children and
spouse shall be entitled to one-third of the hereditary estate of the
descendants.
deceased and the illegitimate children to another third. The
The children or descendants may freely dispose of the other half, remaining third shall be at the free disposal of the testator. (n)
subject to the rights of illegitimate children and of the surviving
spouse as hereinafter provided. (809a)
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Art. 895. The legitime of each of the acknowledged natural children spouse shall be entitled to one-eighth of the hereditary Art. 892. If
and each of the natural children by legal fiction shall consist of one- only one legitimate child or descendant of the deceased survives, the
half of the legitime of each of the legitimate children or descendants. widow or widower shall be entitled to one-fourth of the hereditary
estate. In case of a legal separation, the surviving spouse may
The legitime of an illegitimate child who is neither an acknowledged inherit if it was the deceased who had given cause for the same.
natural, nor a natural child by legal fiction, shall be equal in every
case to four-fifths of the legitime of an acknowledged natural child. If there are two or more legitimate children or descendants, the
surviving spouse shall be entitled to a portion equal to the legitime of
The legitime of the illegitimate children shall be taken from the each of the legitimate children or descendants.
portion of the estate at the free disposal of the testator, provided that
in no case shall the total legitime of such illegitimate children exceed In both cases, the legitime of the surviving spouse shall be taken
that free portion, and that the legitime of the surviving spouse must from the portion that can be freely disposed of by the testator. (834a)
first be fully satisfied. (840a)
Art. 900. If the only survivor is the widow or widower, she or he shall
Art. 896. Illegitimate children who may survive with legitimate parents be entitled to one-half of the hereditary estate of the deceased
or ascendants of the deceased shall be entitled to one-fourth of the spouse, and the testator may freely dispose of the other half. (837a)
hereditary estate to be taken from the portion at the free disposal of
the testator. (841a) If the marriage between the surviving spouse and the testator was
solemnized in articulo mortis, and the testator died within three
Art. 897. When the widow or widower survives with legitimate months from the time of the marriage, the legitime of the surviving
children or descendants, and acknowledged natural children, or spouse as the sole heir shall be one-third of the hereditary estate,
natural children by legal fiction, such surviving spouse shall be except when they have been living as husband and wife for more
entitled to a portion equal to the legitime of each of the legitimate than five years. In the latter case, the legitime of the surviving
children which must be taken from that part of the estate which the spouse shall be that specified in the preceding paragraph. (n)
testator can freely dispose of. (n)
Art. 901. When the testator dies leaving illegitimate children and no
Art. 898. If the widow or widower survives with legitimate children or other compulsory heirs, such illegitimate children shall have a right to
descendants, and with illegitimate children other than acknowledged one-half of the hereditary estate of the deceased.
natural, or natural children by legal fiction, the share of the surviving
spouse shall be the same as that provided in the preceding The other half shall be at the free disposal of the testator. (842a)
article. (n)
Article 903. The legitime of the parents who have an illegitimate
Art. 899. When the widow or widower survives with legitimate child, when such child leaves neither legitimate descendants, nor a
parents or ascendants and with illegitimate children, such surviving surviving spouse, nor illegitimate children, is one-half of the
hereditary estate of such illegitimate child. If only legitimate or
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illegitimate children are left, the parents are not entitled to any Article 905. Every renunciation or compromise as regards a future
legitime whatsoever. If only the widow or widower survives with legitime between the person owing it and his compulsory heirs is
parents of the illegitimate child, the legitime of the parents is one- void, and the latter may claim the same upon the death of the former;
fourth of the hereditary estate of the child, and that of the surviving but they must bring to collation whatever they may have received by
spouse also one-fourth of the estate. (n) virtue of the renunciation or compromise. (816)
Article 39. The following circumstances, among others, modify or Article 906. Any compulsory heir to whom the testator has left by any
limit capacity to act: age, insanity, imbecility, the state of being a title less than the legitime belonging to him may demand that the
deaf-mute, penalty, prodigality, family relations, alienage, absence, same be fully satisfied. (815)
insolvency and trusteeship. The consequences of these
circumstances are governed in this Code, other codes, the Rules of Article 907. Testamentary dispositions that impair or diminish the
Court, and in special laws. Capacity to act is not limited on account legitime of the compulsory heirs shall be reduced on petition of the
of religious belief or political opinion. same, insofar as they may be inofficious or excessive. (817)
A married woman, twenty-one years of age or over, is qualified for all

acts of civil life, except in cases specified by law. (n)
Article 1347. All things which are not outside the commerce of men,
including future things, may be the object of a contract. All rights
which are not intransmissible may also be the object of contracts.
**P.D. No. 603**
No contract may be entered into upon future inheritance except in
D. Restrictions regarding the legitime. cases expressly authorized by law.
Article 904. The testator cannot deprive his compulsory heirs of their All services which are not contrary to law, morals, good customs,
legitime, except in cases expressly specified by law. public order or public policy may likewise be the object of a contract.
(1271a)
Neither can he impose upon the same any burden, encumbrance,
condition, or substitution of any kind whatsoever. (813a)
Santiago v. Santiago, et. al., G.R. 179859, August 9, 2010
Article 872. The testator cannot impose any charge, condition, or Restrictions regarding legitimes Note: This case is primarily focused
on res judicata, it barely touched upon restrictions.
substitution whatsoever upon the legitimes prescribed in this Code.
Should he do so, the same shall be considered as not imposed. While the intention of the decedent is clear that the property be
(813a) owned in common, the condition set is subject to statutory limitation
regarding indivisibility.
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(2) The reduction of the devises or legacies shall be pro rata, without
E. Determination or computation. any distinction whatever.
Article 908. To determine the legitime, the value of the property left at If the testator has directed that a certain devise or legacy be paid in
the death of the testator shall be considered, deducting all debts and preference to others, it shall not suffer any reduction until the latter
charges, which shall not include those imposed in the will. have been applied in full to the payment of the legitime.
To the net value of the hereditary estate, shall be added the value of (3) If the devise or legacy consists of a usufruct or life annuity, whose
all donations by the testator that are subject to collation, at the time value may be considered greater than that of the disposable portion,
he made them. (818a) the compulsory heirs may choose between complying with the
testamentary provision and delivering to the devisee or legatee the
Article 909. Donations given to children shall be charged to their part of the inheritance of which the testator could freely dispose.
legitime. (820a)
Donations made to strangers shall be charged to that part of the Article 912. If the devise subject to reduction should consist of real
estate of which the testator could have disposed by his last will. property, which cannot be conveniently divided, it shall go to the
devisee if the reduction does not absorb one-half of its value; and in
Insofar as they may be inofficious or may exceed the disposable
a contrary case, to the compulsory heirs; but the former and the
portion, they shall be reduced according to the rules established by
latter shall reimburse each other in cash for what respectively
this Code. (819a)
belongs to them.
Article 910. Donations which an illegitimate child may have received
The devisee who is entitled to a legitime may retain the entire
during the lifetime of his father or mother, shall be charged to his
property, provided its value does not exceed that of the disposable
legitime.
portion and of the share pertaining to him as legitime. (821)
Should they exceed the portion that can be freely disposed of, they
Article 913. If the heirs or devisees do not choose to avail
shall be reduced in the manner prescribed by this Code. (847a)
themselves of the right granted by the preceding article, any heir or
Article 911. After the legitime has been determined in accordance
devisee who did not have such right may exercise it; should the latter
with the three preceding articles, the reduction shall be made as
not make use of it, the property shall be sold at public auction at the
follows:
instance of any one of the interested parties. (822)
(1) Donations shall be respected as long as the legitime can be
covered, reducing or annulling, if necessary, the devises or legacies
made in the will;
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COLLATION. Article 1065. Parents are not obliged to bring to collation in the
inheritance of their ascendants any property which may have been
Article 1061. Every compulsory heir, who succeeds with donated by the latter to their children. (1039)
other compulsory heirs, must bring into the mass of the
estate any property or right which he may have received Article 1066. Neither shall donations to the spouse of the child be
from the decedent, during the lifetime of the latter, by way of brought to collation; but if they have been given by the parent to the
donation, or any other gratuitous title, in order that it may be spouses jointly, the child shall be obliged to bring to collation one-half
computed in the determination of the legitime of each heir, of the thing donated. (1040)
and in the account of the partition. (1035a)
Article 1067. Expenses for support, education, medical attendance,
Article 1062. Collation shall not take place among even in extraordinary illness, apprenticeship, ordinary equipment, or
compulsory heirs if the donor should have so expressly customary gifts are not subject to collation. (1041)
provided, or if the donee should repudiate the inheritance,
unless the donation should be reduced as inofficious. (1036) Article 1068. Expenses incurred by the parents in giving their
children a professional, vocational or other career shall not be
Article 1063. Property left by will is not deemed subject to brought to collation unless the parents so provide, or unless they
collation, if the testator has not otherwise provided, but the impair the legitime; but when their collation is required, the sum
legitime shall in any case remain unimpaired. (1037) which the child would have spent if he had lived in the house and
company of his parents shall be deducted therefrom. (1042a)
Article 1064. When the grandchildren, who survive with their
uncles, aunts, or cousins, inherit from their grandparents in Article 1069. Any sums paid by a parent in satisfaction of the debts of
representation of their father or mother, they shall bring to his children, election expenses, fines, and similar expenses shall be
collation all that their parents, if alive, would have been brought to collation. (1043a)
obliged to bring, even though such grandchildren have not
inherited the property. Article 1070. Wedding gifts by parents and ascendants consisting of
jewelry, clothing, and outfit, shall not be reduced as inofficious except
They shall also bring to collation all that they may have insofar as they may exceed one-tenth of the sum which is disposable
received from the decedent during his lifetime, unless the by will. (1044)
testator has provided otherwise, in which case his wishes
must be respected, if the legitime of the co-heirs is not Article 1071. The same things donated are not to be brought to
prejudiced. (1038) collation and partition, but only their value at the time of thedonation,
even though their just value may not then have been assessed.
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Their subsequent increase or deterioration and even their total loss Article 914. The testator may devise and bequeath the free
or destruction, be it accidental or culpable, shall be for the benefit or portion as he may deem fit. (n)
account and risk of the donee. (1045a)
Arellano v. Pascual, G.R. No. 189776, December 15, 2010

Collation takes place when there are compulsory heirs, one Principles Affecting Legitime
of its purposes being to determine the legitime and the free
portion. If there is no compulsory heir, there is no legitime to XII. PRETERITION.
be safeguarded.
Article 854. The preterition or omission of one, some, or all of the
Gregorio v. Madarang, G.R. No. 185226, February 11, compulsory heirs in the direct line, whether living at the time of the
2010
execution of the will or born after the death of the testator, shall annul
Even if the heirs have agreed to exclude property from the
estate, Art. 1061 of the Civil Code must be followed. (Heirs the institution of heir; but the devises and legacies shall be valid
cant decide on their own what is included and what is not) insofar as they are not inofficious.
Dizon-Rivera v. Dizon, 33 SCRA 554 If the omitted compulsory heirs should die before the testator, the
A will that includes the partition wishes of the testator as institution shall be effectual, without prejudice to the right of
regards his/her estate is valid and binding among the representation. (814a)
compulsory heirs without prejudice to their legitime and
cannot be subject to collation. Article 906. Any compulsory heir to whom the testator has left by any
title less than the legitime belonging to him may demand that the
De Roma v. CA, 152 SCRA 205 same be fully satisfied. (815)
There is nothing in the provisions of the will which expressly
prohibits the collation of donated properties. The phrase
describing the donation as irrevocable should not be Article 855. The share of a child or descendant omitted in a will must
construed as an express prohibition against collation. Art. first be taken from the part of the estate not disposed of by the will, if
1062 of the Civil Code provides that collation shall not take any; if that is not sufficient, so much as may be necessary must be
place if the donor should have expressly so provided. taken proportionally from the shares of the other compulsory heirs.
Anything less than such express prohibition will not suffice (1080a)
under the clear language of Art. 1062
Article 918. Disinheritance without a specification of the cause, or for
Locsin v. CA, 206 SCRA 383
a cause the truth of which, if contradicted, is not proved, or which is
The right arising under certain circumstances to impugn and compel
the reduction or revocation of a decedent's gifts inter vivos does not not one of those set forth in this Code, shall annul the institution of
inure to the respondents since neither they nor the donees are heirs insofar as it may prejudice the person disinherited; but the
compulsory (or forced) heirs. devises and legacies and other testamentary dispositions shall be
F. Freedom to dispose free portion. valid to such extent as will not impair the legitime. (851a)
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Heirs of Policronio Ureta, Sr. v. Heirs of Liberato Ureta, G.R. No. In case of preterition of a compulsory heir, the will is only annulled
165748 and 165930, September 14, 2011 insofar as the legal portion of the said heir was impaired. Legacies
and betterments shall be valid, insofar as they are not illegal.
Preterition is a concept of testamentary succession and therefore
requires a will. The testator wished to dispose property in his will, designating as
heirs his natural father, Francisco Escuin, and his wife, Maria Teresa
Ponce de Leon, all together ignoring his recognized natural child who
is the general heir of the late Emilio Escuin. In view thereof, and for
the reason that he exceeded his rights, the said designation of heirs
Aznar v. Duncan, 17 SCRA 590 became void insofar as it impaired the right of his general heir and
Since the decedent left the preterited heir a legacy, then this case is deprived him of his legal portions; that the will, however, is valid with
not a case of preterition. The heir could not that the institution of the respect to the 2/3 of the property which the testator freely disposed
heirs be annulled, but only that her legitime be completed. of.
Nuguid v. Nuguid, 17 SCRA 449 Balanay v. Martinez, 64 SCRA 452

The declaration of a universal heir and the preterition of other heirs The preterition of the surviving spouse does not entirely annul the
shall result in the nullification of the institution of heirs. However, if institution of heir as he is not a compulsory heir in the direct line. The
the will does not contain any legacies or devises, then the will shall institution is only partially annulled, by reducing the rights of the
be a complete nullity as well. instituted heir to the extent necessary to cover the legitime of the
omitted surviving spouse. This differs from the preterition of
Reyes v. Barreto-Datu, 19 SCRA 85 compulsory heirs in the direct line, which produces total intestacy,
saving devisees and legacies.
The legal precept (Article 1081) does not speak of children, or
Solano v. CA, 126 SCRA 122
descendants, but of heirs (without distinction between forced,
voluntary or intestate ones), and the fact that Salud happened not to
be a daughter of Bibiano does not preclude her being one of the heirs Acain v. CA, 155 SCRA 100
expressly named in his testament; for Bibiano Barretto was at liberty (1) Even if the surviving spouse is a compulsory heir, there is no
to assign the free portion of his estate to whomsoever he chose. preterition even if she is omitted from the inheritance, for she is not in
While the share () assigned to Salud impinged on the legitime of the direct line. (2) Adoption gives to the adopted person the same
Milagros, Salud did not for that reason cease to be a testamentary rights and duties as if he were a legitimate child of the adopter and
makes the adopted person a legal heir of the adopter.
heir of Bibiano Barretto.
XIII. RESERVA TRONCAL.
Article 891. The ascendant who inherits from his descendant any
Escuin v. Escuin, 11 Phil. 332 property which the latter may have acquired by gratuitous title from
another ascendant, or a brother or sister, is obliged to reserve such
property as he may have acquired by operation of law for the benefit
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of relatives who are within the third degree and who belong to the law, as in the case of nephews of the deceased persons
line from which said property came. (871) from whom the reservable property came.
Edroso v. Sablan, 25 Phil. 295
Padura v. Baldovino, 104 Phil. 1065
Upon the death of Victoriano Sablan, he left his son Pedro two parcels While all relatives within the third degree, as a group are
of land. Subsequently, Pedro died without issue and the properties called to succeed as reservees, as among themselves the
rules of intestacy will apply, particularly Articles 1001, 1004,
were inherited by his mother, Marcelina. Marcelina filed a petition to
1005, and 1009 in this case. In the case at bar, the
register the said properties under her name. Two legitimate brothers Baldovinos being nephews of whole blood are entitled to a
of Victoriano opposed the registration. The trial court denied the share twice as large of the Paduras, who are nephews of
application. Hence, this petition. half blood.
Chua v.CFI, 78 SCRA 406

"The essential thing is that the person who transmits it does so
Seines v. Esparcia, 1 SCRA 750 gratuitously, from pure generosity, without requiring from the
The reservista has the legal title and dominion to the transferee any prestation."
reservable property but subject to a resolutory condition; that
he is like a life usufructuary of the reservable property; that As long as the transmission of the property to the heirs is free from
he may alienate the same but subject to reservation, said any condition imposed by the deceased himself and the property is
alienation transmitting only the revocable and conditional given out of pure generosity, it is gratuitous.
ownership of the reservists, the rights acquired by the
transferee being revoked or resolved by the survival of
reservatarios at the time of the death of the reservista Gonzales v. CFI 104 SCRA 161
The reservor cannot make a disposition mortis causa of the
Florentino v. Florentino, 40 Phil. 480 reservable properties as long as the reservees survived the
Reservable property left, through a will or otherwise, by the death of reservor.
ascendant (reservista) together with his own property in favor of
another of his descendants as forced heir, forms no part of the latter's De Papa v. Camacho, 144 SCRA 281
lawful inheritance nor of the legitime, for the reason that, as said
property continued to be reservable, the heir receiving the same as an
inheritance from his ascendant has the strict obligation of its delivery XIV. RESERVA ADOPTIVA. Art. 39, PD 603
to the relatives, within the third degree, of the predecessor in interest Article 39. The following circumstances, among others, modify or
(prepositus), without prejudicing the right of the heir to an aliquot part limit capacity to act: age, insanity, imbecility, the state of being a
of the property, if he has at the same time the right of a reservatario deaf-mute, penalty, prodigality, family relations, alienage, absence,
(reservees). insolvency and trusteeship. The consequences of these
- There is right of representation on the part of the circumstances are governed in this Code, other codes, the Rules of
reservatorios who are within the third degree mentioned by Court, and in special laws. Capacity to act is not limited on account
of religious belief or political opinion.
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A married woman, twenty-one years of age or over, is qualified for all Article 919. The following shall be sufficient causes for the
acts of civil life, except in cases specified by law. (n) disinheritance of children and descendants, legitimate as well as
illegitimate:
Banawa v. Mirano, 97 SCRA 517
(1) When a child or descendant has been found guilty of an attempt
against the life of the testator, his or her spouse, descendants, or
Teotico v. del Val, 13 SCRA 406 ascendants;
Under our law the relationship by adoption is limited solely to the
adopted and does not extend to the relatives of the adopting parents
or of the adopted child except only as expressly provided for by law. (2) When a child or descendant has accused the testator of a crime
Hence, no relationship is created between the adopted and the for which the law prescribes imprisonment for six years or more, if
collaterals of the adopting parents. As a consequence, the adopted is the accusation has been found groundless;
an heir of the adopter but not of the relatives of the adopted.
(3) When a child or descendant has been convicted of adultery or
concubinage with the spouse of the testator;
**P.D. No. 603**
(4) When a child or descendant by fraud, violence, intimidation, or
XV. DISINHERITANCE. Arts. 915-923 undue influence causes the testator to make a will or to change one
already made;
Article 915. A compulsory heir may, in consequence of
disinheritance, be deprived of his legitime, for causes expressly (5) A refusal without justifiable cause to support the parent or
stated by law. (848a) ascendant who disinherits such child or descendant;
Article 916. Disinheritance can be effected only through a will (6) Maltreatment of the testator by word or deed, by the child or
wherein the legal cause therefor shall be specified. (849) descendant;
Article 917. The burden of proving the truth of the cause for (7) When a child or descendant leads a dishonorable or disgraceful
disinheritance shall rest upon the other heirs of the testator, if the life;
disinherited heir should deny it. (850)
(8) Conviction of a crime which carries with it the penalty of civil
Article 918. Disinheritance without a specification of the cause, or for interdiction. (756, 853, 674a)
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 Article 920. The following shall be sufficient causes for the
heirs insofar as it may prejudice the person disinherited; but the disinheritance of parents or ascendants, whether legitimate or
devises and legacies and other testamentary dispositions shall be illegitimate:
valid to such extent as will not impair the legitime. (851a)
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(1) When the parents have abandoned their children or induced their (2) When the spouse has accused the testator of a crime for which
daughters to live a corrupt or immoral life, or attempted against their the law prescribes imprisonment of six years or more, and the
virtue; accusation has been found to be false;
(2) When the parent or ascendant has been convicted of an attempt (3) When the spouse by fraud, violence, intimidation, or undue
against the life of the testator, his or her spouse, descendants, or influence cause the testator to make a will or to change one already
ascendants; made;
(3) When the parent or ascendant has accused the testator of a (4) When the spouse has given cause for legal separation;
crime for which the law prescribes imprisonment for six years or
more, if the accusation has been found to be false; (5) When the spouse has given grounds for the loss of parental
authority;
(4) When the parent or ascendant has been convicted of adultery or
concubinage with the spouse of the testator; (6) Unjustifiable refusal to support the children or the other spouse.
(756, 855, 674a)
(5) When the parent or ascendant by fraud, violence, intimidation, or
undue influence causes the testator to make a will or to change one Article 922. A subsequent reconciliation between the offender and
already made; the offended person deprives the latter of the right to disinherit, and
renders ineffectual any disinheritance that may have been made.
(6) The loss of parental authority for causes specified in this Code; (856)
(7) The refusal to support the children or descendants without Article 923. The children and descendants of the person disinherited
justifiable cause; shall take his or her place and shall preserve the rights of
compulsory heirs with respect to the legitime; but the disinherited
(8) An attempt by one of the parents against the life of the other, parent shall not have the usufruct or administration of the property
unless there has been a reconciliation between them. which constitutes the legitime. (857)
(756, 854, 674a)
Article 921. The following shall be sufficient causes for disinheriting a Principles Affecting the Freely Disposable Portion
spouse:
XVI. INSTITUTION OF HEIRS
(1) When the spouse has been convicted of an attempt against the
life of the testator, his or her descendants, or ascendants; A. In General
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1. Definition. One who has compulsory heirs may dispose of his estate
provided he does not contravene the provisions of this Code
Article 840. Institution of heir is an act by virtue of which a with regard to the legitime of said heirs. (763a)
testator designates in his will the person or persons who are
to succeed him in his property and transmissible rights and 5. Manner of designating an heir.
obligations. (n)
Article 843. The testator shall designate the heir by his name
2. Requisites for valid institution of heirs. and surname, and when there are two persons having the
same names, he shall indicate some circumstance by which
Article 785. The duration or efficacy of the designation of the instituted heir may be known.
heirs, devisees or legatees, or the determination of the
portions which they are to take, when referred to by name, Even though the testator may have omitted the name of the
cannot be left to the discretion of a third person. (670a) heir, should he designate him in such manner that there can
be no doubt as to who has been instituted, the institution
Article 787. The testator may not make a testamentary shall be valid. (772)
disposition in such manner that another person has to
determine whether or not it is to be operative. (n) Article 844. An error in the name, surname, or circumstances
of the heir shall not vitiate the institution when it is possible,
3. Effect if will institutes no heir. in any other manner, to know with certainty the person
instituted.
Article 841. A will shall be valid even though it should not
contain an institution of an heir, or such institution should not If among persons having the same names and surnames,
comprise the entire estate, and even though the person so there is a similarity of circumstances in such a way that,
instituted should not accept the inheritance or should be even with the use of other proof, the person instituted cannot
incapacitated to succeed. be identified, none of them shall be an heir. (773a)
In such cases the testamentary dispositions made in Article 789. When there is an imperfect description, or when
accordance with law shall be complied with and the no person or property exactly answers the description,
remainder of the estate shall pass to the legal heirs. (764) mistakes and omissions must be corrected, if the error
appears from the context of the will or from extrinsic
4. Freedom of disposition. evidence, excluding the oral declarations of the testator as to
his intention; and when an uncertainty arises upon the face
of the will, as to the application of any of its provisions, the
Article 842. One who has no compulsory heirs may dispose
testator's intention is to be ascertained from the words of the
by will of all his estate or any part of it in favor of any person
having capacity to succeed.
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will, taking into consideration the circumstances under which

it was made, excluding such oral declarations. (n)
9. Individuality of institution.
6. Disposition in favor of an unknown
person. Article 847. When the testator institutes some heirs
individually and others collectively as when he says,
Article 845. Every disposition in favor of an unknown person "I designate as my heirs A and B, and the children of
shall be void, unless by some event or circumstance his C," those collectively designated shall be considered
identity becomes certain. However, a disposition in favor of a as individually instituted, unless it clearly appears
definite class or group of persons shall be valid. (750a) that the intention of the testator was otherwise.
(769a)
7. Disposition in favor of a definite class.
Art. 845 in relation to. Art. 786 10. Simultaneity of institution.
Article 845. Every disposition in favor of an unknown person Article 849. When the testator calls to the
shall be void, unless by some event or circumstance his succession a person and his children they are all
identity becomes certain. However, a disposition in favor of a deemed to have been instituted simultaneously and
definite class or group of persons shall be valid. (750a) not successively. (771)
Article 786. The testator may entrust to a third person the 11. Institution based on a false cause.
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 to which such property or sums are to be
Article 850. The statement of a false cause for the
given or applied. (671a)
institution of an heir shall be considered as not
written, unless it appears from the will that the
8. Equality of heirs. testator would not have made such institution if he
had known the falsity of such cause. (767a)
Article 846. Heirs instituted without designation of shares
shall inherit in equal parts. (765)
Article 848. If the testator should institute his brothers and B. Kinds of Institution
sisters, and he has some of full blood and others of half-
blood, the inheritance shall be distributed equally unless a
1. Simple or Pure.
different intention appears. (770a)
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Article 777. The rights to the succession are the same shall be considered as not imposed.
transmitted from the moment of the death of the (813a)
decedent. (657a)
Article 873. Impossible conditions and those contrary
2. Conditional. Art. 871 to law or good customs shall be considered as not
imposed and shall in no manner prejudice the heir,
Article 871. The institution of an heir may be made even if the testator should otherwise provide. (792a)
conditionally, or for a certain purpose or cause.
(790a) Article 874. An absolute condition not to contract a
first or subsequent marriage shall be considered as
a. Kinds not written unless such condition has been imposed
on the widow or widower by the deceased spouse,
1. Simple or Pure. or by the latter's ascendants or descendants.
Article 777. The rights to the succession are Nevertheless, the right of usufruct, or an allowance
transmitted from the moment of the death of the or some personal prestation may be devised or
decedent. (657a) bequeathed to any person for the time during which
he or she should remain unmarried or in widowhood.
(793a)
2. Conditional.
Article 1183. Impossible conditions, those contrary to

Article 871. The institution of an heir may be made
good customs or public policy and those prohibited
conditionally, or for a certain purpose or cause.
by law shall annul the obligation which depends
(790a)
upon them. If the obligation is divisible, that part
thereof which is not affected by the impossible
a. Kinds orunlawful condition shall be valid.
b. Inoperative conditions. The condition not to do an impossible thing shall be

considered as not having been agreed upon. (1116a)
Article 872. The testator cannot impose any charge,
condition, or substitution whatsoever upon the c. Disposition Captatoria.
legitimes prescribed in this Code. Should he do so,
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Article 875. Any disposition made upon the condition Article 1034. In order to judge the capacity of the
that the heir shall make some provision in his will in heir, devisee or legatee, his qualification at the time
favor of the testator or of any other person shall be of the death of the decedent shall be the criterion.
void. (794a)
In cases falling under Nos. 2, 3, or 5 of article 1032,
d. Compliance. it shall be necessary to wait until final judgment is
rendered, and in the case falling under No. 4, the
Article 876. Any purely potestative condition imposed expiration of the month allowed for the report.
upon an heir must be fulfilled by him as soon as he
learns of the testator's death. If the institution, devise or legacy should be
conditional, the time of the compliance with the
This rule shall not apply when the condition, already condition shall also be considered. (758a)
complied with, cannot be fulfilled again. (795a)
Article 879. If the potestative condition imposed
Article 877. If the condition is casual or mixed, it upon the heir is negative, or consists in not doing or
shall be sufficient if it happen or be fulfilled at any not giving something, he shall comply by giving a
time before or after the death of the testator, unless security that he will not do or give that which has
he has provided otherwise. been prohibited by the testator, and that in case of
contravention he will return whatever he may have
Should it have existed or should it have been fulfilled received, together with its fruits and interests. (800a)
at the time the will was executed and the testator
was unaware thereof, it shall be deemed as Article 880. If the heir be instituted under a
complied with. suspensive condition or term, the estate shall be
placed under administration until the condition is
If he had knowledge thereof, the condition shall be fulfilled, or until it becomes certain that it cannot be
considered fulfilled only when it is of such a nature fulfilled, or until the arrival of the term.
that it can no longer exist or be complied with again.
(796) The same shall be done if the heir does not give the
security required in the preceding article. (801a)
Article 881. The appointment of the administrator of

e. Effect. the estate mentioned in the preceding article, as well
as the manner of the administration and the rights
and obligations of the administrator shall be
governed by the Rules of Court. (804a)
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Article 884. Conditions imposed by the testator upon or its expiration. But in the first case he shall not
the heirs shall be governed by the rules established enter into possession of the property until after
for conditional obligations in all matters not provided having given sufficient security, with the intervention
for by this Section. (791a) of the instituted heir. (805)
Article 880. If the heir be instituted under a

suspensive condition or term, the estate shall be
3. Institution with a Term placed under administration until the condition is
fulfilled, or until it becomes certain that it cannot be
a. Kinds Art. 885, 1st par. fulfilled, or until the arrival of the term.
Article 885. The designation of the day or time when The same shall be done if the heir does not give the
the effects of the institution of an heir shall security required in the preceding article. (801a)
commence or cease shall be valid.
4. Modal Institution.
In both cases, the legal heir shall be considered as
called to the succession until the arrival of the period Article 882. The statement of the object of the institution, or
or its expiration. But in the first case he shall not the application of the property left by the testator, or the
enter into possession of the property until after charge imposed by him, shall not be considered as a
having given sufficient security, with the intervention condition unless it appears that such was his intention.
of the instituted heir. (805)
That which has been left in this manner may be claimed at
b. Effect. Arts.878, 885 2nd par.in relation to 880. once provided that the instituted heir or his heirs give
security for compliance with the wishes of the testator and
Article 878. A disposition with a suspensive term for the return of anything he or they may receive, together
does not prevent the instituted heir from acquiring with its fruits and interests, if he or they should disregard this
his rights and transmitting them to his heirs even obligation. (797a)
before the arrival of the term. (799a)
Article 883. When without the fault of the heir, an institution
Article 885. The designation of the day or time when referred to in the preceding article cannot take effect in the
the effects of the institution of an heir shall exact manner stated by the testator, it shall be complied with
commence or cease shall be valid. in a manner most analogous to and in conformity with his
wishes.
In both cases, the legal heir shall be considered as
called to the succession until the arrival of the period
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If the person interested in the condition should prevent its Article 860. Two or more persons may be substituted
fulfillment, without the fault of the heir, the condition shall be for one; and one person for two or more heirs. (778)
deemed to have been complied with. (798a)
3. Reciprocal.
XVII. SUBSTITUTION OF HEIRS
Article 861. If heirs instituted in unequal shares
A. Concept of substitution. should be reciprocally substituted, the substitute
shall acquire the share of the heir who dies,
Article 857. Substitution is the appointment of another heir so that he renounces, or is incapacitated, unless it clearly
may enter into the inheritance in default of the heir originally appears that the intention of the testator was
instituted. (n) otherwise. If there are more than one substitute, they
shall have the same share in the substitution as in
B. Kinds of substitution. the institution. (779a)
Article 858. Substitution of heirs may be:

(1) Simple or common;
(2) Brief or compendious; 4. Fideicommissary.
(3) Reciprocal; or
(4) Fideicommissary. (n) Article 863. A fideicommissary substitution by virtue
of which the fiduciary or first heir instituted is
1. Simple or common. entrusted with the obligation to preserve and to
transmit to a second heir the whole or part of the
Article 859. The testator may designate one or more inheritance, shall be valid and shall take effect,
persons to substitute the heir or heirs instituted in provided such substitution does not go beyond one
case such heir or heirs should die before him, or degree from the heir originally instituted, and
should not wish, or should be incapacitated to provided further, that the fiduciary or first heir and
accept the inheritance. the second heir are living at the time of the death of
the testator. (781a)
A simple substitution, without a statement of the
cases to which it refers, shall comprise the three Article 864. A fideicommissary substitution can never
mentioned in the preceding paragraph, unless the burden the legitime. (782a)
testator has otherwise provided. (774)
Article 865. Every fideicommissary substitution must
2. Brief or compendious. be expressly made in order that it may be valid.
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The fiduciary shall be obliged to deliver the Article 868. The nullity of the fideicommissary
inheritance to the second heir, without other substitution does not prejudice the validity of the
deductions than those which arise from legitimate institution of the heirs first designated; the
expenses, credits and improvements, save in the fideicommissary clause shall simply be considered
case where the testator has provided otherwise. as not written. (786)
(783)
Article 869. A provision whereby the testator leaves
Article 866. The second heir shall acquire a right to to a person the whole or part of the inheritance, and
the succession from the time of the testator's death, to another the usufruct, shall be valid. If he gives the
even though he should die before the fiduciary. The usufruct to various persons, not simultaneously, but
right of the second heir shall pass to his heirs. (784) successively, the provisions of article 863 shall
apply. (787a)
Article 867. The following shall not take effect:
C. Time-limitation on inalienability.
(1) Fideicommissary substitutions which are not
made in an express manner, either by giving them Article 870. The dispositions of the testator declaring all or
this name, or imposing upon the fiduciary the part of the estate inalienable for more than twenty years are
absolute obligation to deliver the property to a void. (n)
second heir;
(2) Provisions which contain a perpetual prohibition

to alienate, and even a temporary one, beyond the XVIII. LEGACIES AND DEVISES.
limit fixed inarticle 863;
Art. 924. All things and rights which are within the commerce of man
(3) Those which impose upon the heir the charge of be bequeathed or devised. (865a)
paying to various persons successively, beyond the
limit prescribed in article 863, a certain income or Art. 925. A testator may charge with legacies and devises not only
pension; his compulsory heirs but also the legatees and devisees.
(4) Those which leave to a person the whole or part The latter shall be liable for the charge only to the extent of the value
of the hereditary property in order that he may apply of the legacy or the devise received by them. The compulsory heirs
or invest the same according to secret instructions shall not be liable for the charge beyond the amount of the free
communicated to him by the testator. (785a) portion given them. (858a)
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Art. 926. When the testator charges one of the heirs with a legacy or Art. 932. The legacy or devise of a thing which at the time of the
devise, he alone shall be bound. execution of the will already belonged to the legatee or devisee shall
be ineffective, even though another person may have some interest
Should he not charge anyone in particular, all shall be liable in the therein.
same proportion in which they may inherit. (859)
If the testator expressly orders that the thing be freed from such
Art. 927. If two or more heirs take possession of the estate, they interest or encumbrance, the legacy or devise shall be valid to that
shall be solidarily liable for the loss or destruction of a thing devised extent. (866a)
or bequeathed, even though only one of them should have been
negligent. (n) Art. 933. If the thing bequeathed belonged to the legatee or devisee
at the time of the execution of the will, the legacy or devise shall be
Art. 928. The heir who is bound to deliver the legacy or devise shall without effect, even though it may have subsequently alienated by
be liable in case of eviction, if the thing is indeterminate and is him.
indicated only by its kind. (860)
If the legatee or devisee acquires it gratuitously after such time, he
Art. 929. If the testator, heir, or legatee owns only a part of, or an can claim nothing by virtue of the legacy or devise; but if it has been
interest in the thing bequeathed, the legacy or devise shall be acquired by onerous title he can demand reimbursement from the
understood limited to such part or interest, unless the testator heir or the estate. (878a)
expressly declares that he gives the thing in its entirety. (864a)
Art. 934. If the testator should bequeath or devise something
Art. 930. The legacy or devise of a thing belonging to another person pledged or mortgaged to secure a recoverable debt before the
is void, if the testator erroneously believed that the thing pertained to execution of the will, the estate is obliged to pay the debt, unless the
him. But if the thing bequeathed, though not belonging to the testator contrary intention appears.
when he made the will, afterwards becomes his, by whatever title,
the disposition shall take effect. (862a) The same rule applies when the thing is pledged or mortgaged after
the execution of the will.
Art. 931. If the testator orders that a thing belonging to another be
acquired in order that it be given to a legatee or devisee, the heir Any other charge, perpetual or temporary, with which the thing
upon whom the obligation is imposed or the estate must acquire it bequeathed is burdened, passes with it to the legatee or devisee.
and give the same to the legatee or devisee; but if the owner of the (867a)
thing refuses to alienate the same, or demands an excessive price
therefor, the heir or the estate shall only be obliged to give the just Art. 935. The legacy of a credit against a third person or of the
value of the thing. (861a) remission or release of a debt of the legatee shall be effective only
as regards that part of the credit or debt existing at the time of the
death of the testator.
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In the first case, the estate shall comply with the legacy by assigning The foregoing provisions are without prejudice to the fulfillment of
to the legatee all rights of action it may have against the debtor. In natural obligations. (n)
the second case, by giving the legatee an acquittance, should he
request one. Art. 940. In alternative legacies or devises, the choice is presumed to
be left to the heir upon whom the obligation to give the legacy or
In both cases, the legacy shall comprise all interests on the credit or devise may be imposed, or the executor or administrator of the
debt which may be due the testator at the time of his death. (870a) estate if no particular heir is so obliged.
Art. 936. The legacy referred to in the preceding article shall lapse if If the heir, legatee or devisee, who may have been given the choice,
the testator, after having made it, should bring an action against the dies before making it, this right shall pass to the respective heirs.
debtor for the payment of his debt, even if such payment should not
have been effected at the time of his death. Once made, the choice is irrevocable.
The legacy to the debtor of the thing pledged by him is understood to In the alternative legacies or devises, except as herein provided, the
discharge only the right of pledge. (871) provisions of this Code regulating obligations of the same kind shall
be observed, save such modifications as may appear from the
Art. 937. A generic legacy of release or remission of debts comprises intention expressed by the testator. (874a)
those existing at the time of the execution of the will, but not
subsequent ones. (872) Art. 941. A legacy of generic personal property shall be valid even if
there be no things of the same kind in the estate.
Art. 938. A legacy or devise made to a creditor shall not be applied to
his credit, unless the testator so expressly declares. A devise of indeterminate real property shall be valid only if there be
immovable property of its kind in the estate.
In the latter case, the creditor shall have the right to collect the
excess, if any, of the credit or of the legacy or devise. (837a) The right of choice shall belong to the executor or administrator who
shall comply with the legacy by the delivery of a thing which is
Art. 939. If the testator orders the payment of what he believes he neither of inferior nor of superior quality. (875a)
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 Art. 942. Whenever the testator expressly leaves the right of choice
thereof is ordered paid, the excess is not due, unless a contrary to the heir, or to the legatee or devisee, the former may give or the
intention appears. latter may choose whichever he may prefer. (876a)
Art. 943. If the heir, legatee or devisee cannot make the choice, in
case it has been granted him, his right shall pass to his heirs; but a
choice once made shall be irrevocable. (877a)
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Art. 944. A legacy for education lasts until the legatee is of age, or growing fruits, or unborn offspring of animals, or uncollected income;
beyond the age of majority in order that the legatee may finish some but not the income which was due and unpaid before the latter's
professional, vocational or general course, provided he pursues his death.
course diligently.
From the moment of the testator's death, the thing bequeathed shall
A legacy for support lasts during the lifetime of the legatee, if the be at the risk of the legatee or devisee, who shall, therefore, bear its
testator has not otherwise provided. loss or deterioration, and shall be benefited by its increase or
improvement, without prejudice to the responsibility of the executor
If the testator has not fixed the amount of such legacies, it shall be or administrator. (882a)
fixed in accordance with the social standing and the circumstances
of the legatee and the value of the estate. Art. 949. If the bequest should not be of a specific and determinate
thing, but is generic or of quantity, its fruits and interests from the
If the testator or during his lifetime used to give the legatee a certain time of the death of the testator shall pertain to the legatee or
sum of money or other things by way of support, the same amount devisee if the testator has expressly so ordered. (884a)
shall be deemed bequeathed, unless it be markedly disproportionate
to the value of the estate. (879a) Art. 950. If the estate should not be sufficient to cover all the legacies
or devises, their payment shall be made in the following order:
Art. 945. If a periodical pension, or a certain annual, monthly, or
weekly amount is bequeathed, the legatee may petition the court for (1) Remuneratory legacies or devises;
the first installment upon the death of the testator, and for the
following ones which shall be due at the beginning of each period; (2) Legacies or devises declared by the testator to be preferential;
such payment shall not be returned, even though the legatee should
die before the expiration of the period which has commenced. (880a) (3) Legacies for support;
Art. 946. If the thing bequeathed should be subject to a usufruct, the (4) Legacies for education;
legatee or devisee shall respect such right until it is legally
extinguished. (868a)
(5) Legacies or devises of a specific, determinate thing which forms
a part of the estate;
Art. 947. The legatee or devisee acquires a right to the pure and
simple legacies or devises from the death of the testator, and
(6) All others pro rata. (887a)
transmits it to his heirs. (881a)
Art. 951. The thing bequeathed shall be delivered with all its
Art. 948. If the legacy or device is of a specific and determinate thing
accessories and accessories and in the condition in which it may be
pertaining to the testator, the legatee or devisee acquires the
upon the death of the testator. (883a)
ownership thereof upon the death of the testator, as well as any
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Art. 952. The heir, charged with a legacy or devise, or the executor or renounce the latter and accept the former, or waive or accept both.
administrator of the estate, must deliver the very thing bequeathed if (890a)
he is able to do so and cannot discharge this obligation by paying its
value. Art. 956. If the legatee or devisee cannot or is unwilling to accept the
legacy or devise, or if the legacy or devise for any reason should
Legacies of money must be paid in cash, even though the heir or the become ineffective, it shall be merged into the mass of the estate,
estate may not have any. except in cases of substitution and of the right of accretion. (888a)
The expenses necessary for the delivery of the thing bequeathed Art. 957. The legacy or devise shall be without effect:
shall be for the account of the heir or the estate, but without
prejudice to the legitime. (886a) (1) If the testator transforms the thing bequeathed in such a manner
that it does not retain either the form or the denomination it had;
Art. 953. The legatee or devisee cannot take possession of the thing
bequeathed upon his own authority, but shall request its delivery and (2) If the testator by any title or for any cause alienates the thing
possession of the heir charged with the legacy or devise, or of the bequeathed or any part thereof, it being understood that in the latter
executor or administrator of the estate should he be authorized by case the legacy or devise shall be without effect only with respect to
the court to deliver it. (885a) the part thus alienated. If after the alienation the thing should again
belong to the testator, even if it be by reason of nullity of the contract,
Art. 954. The legatee or devisee cannot accept a part of the legacy the legacy or devise shall not thereafter be valid, unless the
or devise and repudiate the other, if the latter be onerous. reacquisition shall have been effected by virtue of the exercise of the
right of repurchase;
Should he die before having accepted the legacy or devise, leaving
several heirs, some of the latter may accept and the others may (3) If the thing bequeathed is totally lost during the lifetime of the
repudiate the share respectively belonging to them in the legacy or testator, or after his death without the heir's fault. Nevertheless, the
devise. (889a) person obliged to pay the legacy or devise shall be liable for eviction
if the thing bequeathed should not have been determinate as to its
Art. 955. The legatee or devisee of two legacies or devises, one of kind, in accordance with the provisions of Article 928. (869a)
which is onerous, cannot renounce the onerous one and accept the
other. If both are onerous or gratuitous, he shall be free to accept or Art. 958. A mistake as to the name of the thing bequeathed or
renounce both, or to renounce either. But if the testator intended that devised, is of no consequence, if it is possible to identify the thing
the two legacies or devises should be inseparable from each other, which the testator intended to bequeath or devise. (n)
the legatee or devisee must either accept or renounce both.
Art. 959. A disposition made in general terms in favor of the testator's
Any compulsory heir who is at the same time a legatee or devisee relatives shall be understood to be in favor of those nearest in
may waive the inheritance and accept the legacy or devise, or degree. (751)
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Art. 962. In every inheritance, the relative nearest in degree

excludes the more distant ones, saving the right of
LEGAL OR INTESTATE SUCCESSION representation when it properly takes place.
Relatives in the same degree shall inherit in equal shares,

XIX. GENERAL PROVISIONS subject to the provisions of article 1006 with respect to
relatives of the full and half blood, and of Article 987,
A. In general paragraph 2, concerning division between the paternal and
maternal lines. (912a)
1. When does it take place?
B. Right of Representation. Arts.970-977, Arts. 982,
Art. 960. Legal or intestate succession takes place: 902, 992, 1005-8.
(1) If a person dies without a will, or with a void will, or one
which has subsequently lost its validity;
Art. 970. Representation is a right created by fiction of law, by virtue
(2) When the will does not institute an heir to, or dispose of of which the representative is raised to the place and the degree of
all the property belonging to the testator. In such case, legal the person represented, and acquires the rights which the latter
succession shall take place only with respect to the property would have if he were living or if he could have inherited. (942a)
of which the testator has not disposed;
Art. 971. The representative is called to the succession by the law
(3) If the suspensive condition attached to the institution of and not by the person represented. The representative does not
heir does not happen or is not fulfilled, or if the heir dies succeed the person represented but the one whom the person
before the testator, or repudiates the inheritance, there being represented would have succeeded. (n)
no substitution, and no right of accretion takes place;
Art. 972. The right of representation takes place in the direct
(4) When the heir instituted is incapable of succeeding,
descending line, but never in the ascending.
except in cases provided in this Code. (912a)
In the collateral line, it takes place only in favor of the children of
2. Who are the intestate heirs?
brothers or sisters, whether they be of the full or half blood. (925)
Art. 961. In default of testamentary heirs, the law vests the
inheritance, in accordance with the rules hereinafter set Art. 973. In order that representation may take place, it is necessary
forth, in the legitimate and illegitimate relatives of the that the representative himself be capable of succeeding the
deceased, in the surviving spouse, and in the State. (913a) decedent. (n)
3. Order of and share in the in testate Art. 974. Whenever there is succession by representation, the
succession. division of the estate shall be made per stirpes, in such manner that
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the representative or representatives shall not inherit more than what XX. ORDER OF INTESTATE SUCCESSION
the person they represent would inherit, if he were living or could
inherit. (926a) A. Descending Direct Line
Art. 975. When children of one or more brothers or sisters of the 1. Estate of a legitimate decedent
deceased survive, they shall inherit from the latter by representation,
if they survive with their uncles or aunts. But if they alone survive, a. Illegitimate children.
they shall inherit in equal portions. (927)
Art. 983. If illegitimate children survive with legitimate children, the
Art. 976. A person may represent him whose inheritance he has shares of the former shall be in the proportions prescribed by Article
renounced.(928a) 895. (n)
Art. 977. Heirs who repudiate their share may not be Art. 988. In the absence of legitimate descendants or ascendants,
represented. (929a) the illegitimate children shall succeed to the entire estate of the
deceased. (939a)
Art. 982. The grandchildren and other descendants shall inherit by
right of representation, and if any one of them should have died, Art. 989. If, together with illegitimate children, there should survive
leaving several heirs, the portion pertaining to him shall be divided descendants of another illegitimate child who is dead, the former
among the latter in equal portions. (933) shall succeed in their own right and the latter by right of
representation. (940a)
Art. 902. The rights of illegitimate children set forth in the preceding
articles are transmitted upon their death to their descendants, Art. 990. The hereditary rights granted by the two preceding articles
whether legitimate or illegitimate. (843a) to illegitimate children shall be transmitted upon their death to their
deceased grandparent. (941a)
such children or relatives inherit in the same manner from the Art. 991. If legitimate ascendants are left, the illegitimate children
illegitimate child.(943a) shall divide the inheritance with them, taking one-half of the estate,
whatever be the number of the ascendants or of the illegitimate
Art. 1005. Should brothers and sisters survive together with nephews
children. (942-841a)
and nieces, who are the children of the descendant's brothers and
sisters of the full blood, the former shall inherit per capita, and the Art. 992. An illegitimate child has no right to inherit abintestato from
latter per stirpes. (948) the legitimate children and relatives of his father or mother; nor shall
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such children or relatives inherit in the same manner from the Art. 989. If, together with illegitimate children, there should survive
illegitimate child.(943a) descendants of another illegitimate child who is dead, the former
shall succeed in their own right and the latter by right of
representation. (940a)
Art. 990. The hereditary rights granted by the two preceding articles
to illegitimate children shall be transmitted upon their death to their
2. Estate of an illegitimate decedent descendants, who shall inherit by right of representation from their
deceased grandparent. (941a)
a. Legitimate children and descendant
Art. 991. If legitimate ascendants are left, the illegitimate children
Art. 903. The legitime of the parents who have an illegitimate child, shall divide the inheritance with them, taking one-half of the estate,
when such child leaves neither legitimate descendants, nor a whatever be the number of the ascendants or of the illegitimate
surviving spouse, nor illegitimate children, is one-half of the children. (942-841a)
hereditary estate of such illegitimate child. If only legitimate or
illegitimate children are left, the parents are not entitled to any
legitime whatsoever. If only the widow or widower survives with
such children or relatives inherit in the same manner from the
parents of the illegitimate child, the legitime of the parents is one-
illegitimate child.(943a)
fourth of the hereditary estate of the child, and that of the surviving
spouse also one-fourth of the estate. (n) Art. 993. If an illegitimate child should die without issue, either
legitimate or illegitimate, his father or mother shall succeed to his
Art. 987. In default of the father and mother, the ascendants nearest
entire estate; and if the child's filiation is duly proved as to both
in degree shall inherit.
parents, who are both living, they shall inherit from him share and
Should there be more than one of equal degree belonging to the share alike. (944)
same line they shall divide the inheritance per capita; should they be
Art. 994. In default of the father or mother, an illegitimate child shall
of different lines but of equal degree, one-half shall go to the paternal
be succeeded by his or her surviving spouse who shall be entitled to
and the other half to the maternal ascendants. In each line the
the entire estate.
division shall be made per capita. (937)
If the widow or widower should survive with brothers and sisters,
Art. 988. In the absence of legitimate descendants or ascendants,
nephews and nieces, she or he shall inherit one-half of the estate,
the illegitimate children shall succeed to the entire estate of the
and the latter the other half. (945a)
deceased. (939a)
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b. Illegitimate children and descendant. Art. 998. If a widow or widower survives with illegitimate children,
such widow or widower shall be entitled to one-half of the
Art. 990. The hereditary rights granted by the two preceding articles inheritance, and the illegitimate children or their descendants,
to illegitimate children shall be transmitted upon their death to their whether legitimate or illegitimate, to the other half. (n)
deceased grandparent. (941a) Art. 999. When the widow or widower survives with legitimate
children or their descendants and illegitimate children or their
Art. 992. An illegitimate child has no right to inherit abintestato from descendants, whether legitimate or illegitimate, such widow or
the legitimate children and relatives of his father or mother; nor shall widower shall be entitled to the same share as that of a legitimate
such children or relatives inherit in the same manner from the child. (n)
illegitimate child.(943a)
Art. 1000. If legitimate ascendants, the surviving 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
B. Surviving Spouse. the surviving spouse and the illegitimate children so that such widow
or widower shall have one-fourth of the estate, and the illegitimate
Art. 995. In the absence of legitimate descendants and ascendants, children the other fourth. (841a)
and illegitimate children and their descendants, whether legitimate or
illegitimate, the surviving spouse shall inherit the entire estate, Art. 1001. Should brothers and sisters or their children survive with
without prejudice to the rights of brothers and sisters, nephews and the widow or widower, the latter shall be entitled to one-half of the
nieces, should there be any, under article 1001. (946a) inheritance and the brothers and sisters or their children to the other
half. (953, 837a)
Art. 996. If a widow or widower and legitimate children or
descendants are left, the surviving spouse has in the succession the Art. 1002. In case of a legal separation, if the surviving spouse gave
same share as that of each of the children. (834a) cause for the separation, he or she shall not have any of the rights
granted in the preceding articles. (n)
Art. 997. When the widow or widower survives with legitimate
parents or ascendants, the surviving spouse shall be entitled to one-
half of the estate, and the legitimate parents or ascendants to the
other half. (836a) C. Ascending direct line
1. Legitimate parents and ascendant.

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Art. 985. In default of legitimate children and descendants of the to the entire estate of the deceased in accordance with the following
deceased, his parents and ascendants shall inherit from him, to the articles. (946a)
exclusion of collateral relatives. (935a)
Art. 1004. Should the only survivors be brothers and sisters of the full
Art. 986. The father and mother, if living, shall inherit in equal shares. blood, they shall inherit in equal shares. (947)
Should one only of them survive, he or she shall succeed to the Art. 1005. Should brothers and sisters survive together with nephews
entire estate of the child. (936) and nieces, who are the children of the descendant's brothers and
sisters of the full blood, the former shall inherit per capita, and the
Art. 987. In default of the father and mother, the ascendants nearest latter per stirpes. (948)
in degree shall inherit.
Art. 1006. Should brother and sisters of the full blood survive
Should there be more than one of equal degree belonging to the together with brothers and sisters of the half blood, the former shall
same line they shall divide the inheritance per capita; should they be be entitled to a share double that of the latter. (949)
of different lines but of equal degree, one-half shall go to the paternal
and the other half to the maternal ascendants. In each line the Art. 1007. In case brothers and sisters of the half blood, some on the
division shall be made per capita. (937) 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)
2. Illegitimate parents. Art. 1008. Children of brothers and sisters of the half blood shall
succeed per capita or per stirpes, in accordance with the rules laid
Art. 993. If an illegitimate child should die without issue, either down for the brothers and sisters of the full blood. (915)
legitimate or illegitimate, his father or mother shall succeed to his
Art. 1009. Should there be neither brothers nor sisters nor children of
entire estate; and if the child's filiation is duly proved as to both
brothers or sisters, the other collateral relatives shall succeed to the
parents, who are both living, they shall inherit from him share and
estate.
share alike. (944)
The latter shall succeed without distinction of lines or preference
among them by reason of relationship by the whole blood. (954a)
D. Collateral line. Art. 1010. The right to inherit abintestato shall not extend beyond the
fifth degree of relationship in the collateral line. (955a)
Art. 1003. If there are no descendants, ascendants, illegitimate
children, or a surviving spouse, the collateral relatives shall succeed
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E. The State. PROVISIONS COMMON TO TESTATE AND INTESTATE

SUCCESSION
Art. 1011. In default of persons entitled to succeed in accordance
with the provisions of the preceding Sections, the State shall inherit XXI. Right of Accretion
the whole estate.(956a)
A. Concept.
Art. 1012. In order that the State may take possession of the
property mentioned in the preceding article, the pertinent provisions Art. 1015. Accretion is a right by virtue of which, when two or more
of the Rules of Court must be observed. (958a) persons are called to the same inheritance, devise or legacy, the part
assigned to the one who renounces or cannot receive his share, or
Art. 1013. After the payment of debts and charges, the personal who died before the testator, is added or incorporated to that of his
property shall be assigned to the municipality or city where the co-heirs, co-devisees, or co-legatees. (n)
deceased last resided in the Philippines, and the real estate to the
municipalities or cities, respectively, in which the same is situated. Art. 1016. In order that the right of accretion may take place in a
testamentary succession, it shall be necessary:
If the deceased never resided in the Philippines, the whole estate
shall be assigned to the respective municipalities or cities where the (1) That two or more persons be called to the same inheritance, or to
same is located. the same portion thereof, pro indiviso; anD
Such estate shall be for the benefit of public schools, and public (2) That one of the persons thus called die before the testator, or
charitable institutions and centers, in such municipalities or cities. renounce the inheritance, or be incapacitated to receive it. (928a)
The court shall distribute the estate as the respective needs of each
beneficiary may warrant. Art. 1017. The words "one-half for each" or "in equal shares" or any
others which, though designating an aliquot part, do not identify it by
The court, at the instance of an interested party, or on its own such description as shall make each heir the exclusive owner of
motion, may order the establishment of a permanent trust, so that determinate property, shall not exclude the right of accretion.
only the income from the property shall be used. (956a)
In case of money or fungible goods, if the share of each heir is not
Art. 1014. If a person legally entitled to the estate of the deceased earmarked, there shall be a right of accretion. (983a)
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 Art. 1019. The heirs to whom the portion goes by the right of
be entitled to the possession of the same, or if sold the municipality accretion take it in the same proportion that they inherit. (n)
or city shall be accountable to him for such part of the proceeds as
may not have been lawfully spent. (n)
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Art. 1020. The heirs to whom the inheritance accrues shall succeed Art. 1078. Where there are two or more heirs, the whole estate of the
to all the rights and obligations which the heir who renounced or decedent is, before its partition, owned in common by such heirs,
could not receive it would have had. (984) subject to the payment of debts of the deceased. (n)
B. In legal succession. Art. 1079. Partition, in general, is the separation, division and
assignment of a thing held in common among those to whom it may
Art. 1018. In legal succession the share of the person who belong. The thing itself may be divided, or its value. (n)
repudiates the inheritance shall always accrue to his co-heirs. (981)
Art. 1080. Should a person make partition of his estate by an act
C. Compulsory succession. inter vivos, or by will, such partition shall be respected, insofar as it
does not prejudice the legitime of the compulsory heirs.
Art. 1021. Among the compulsory heirs the right of accretion shall
A parent who, in the interest of his or her family, desires to keep any
take place only when the free portion is left to two or more of them,
agricultural, industrial, or manufacturing enterprise intact, may avail
or to any one of them and to a stranger.
himself of the right granted him in this article, by ordering that the
Should the part repudiated be the legitime, the other co-heirs shall legitime of the other children to whom the property is not assigned,
succeed to it in their own right, and not by the right of be paid in cash. (1056a)
accretion. (985)
Art. 1081. A person may, by an act inter vivos or mortis causa, intrust
the mere power to make the partition after his death to any person
D. Testamentary.
who is not one of the co-heirs.
Art. 1022. In testamentary succession, when the right of accretion The provisions of this and of the preceding article shall be observed
does not take place, the vacant portion of the instituted heirs, if no even should there be among the co-heirs a minor or a person subject
substitute has been designated, shall pass to the legal heirs of the to guardianship; but the mandatary, in such case, shall make an
testator, who shall receive it with the same charges and inventory of the property of the estate, after notifying the co-heirs, the
obligations. (986) creditors, and the legatees or devisees. (1057a)
Art. 1023. Accretion shall also take place among devisees, legatees Art. 1082. Every act which is intended to put an end to indivision
and usufructuaries under the same conditions established for among co-heirs and legatees or devisees is deemed to be a
heirs. (987a) partition, although it should purport to be a sale, and exchange, a
compromise, or any other transaction. (n)
XXII. PARTITION AND DISTRIBUTION OF THE ESTATE
Art. 1083. Every co-heir has a right to demand the division of the
A. Partition. estate unless the testator should have expressly forbidden its
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partition, in which case the period of indivision shall not exceed Art. 1088. Should any of the heirs sell his hereditary rights to a
twenty years as provided in article 494. This power of the testator to stranger before the partition, any or all of the co-heirs may be
prohibit division applies to the legitime. subrogated to the rights of the purchaser by reimbursing him for the
price of the sale, provided they do so within the period of one month
Even though forbidden by the testator, the co-ownership terminates from the time they were notified in writing of the sale by the
when any of the causes for which partnership is dissolved takes vendor. (1067a)
place, or when the court finds for compelling reasons that division
should be ordered, upon petition of one of the co-heirs. (1051a) Art. 1089. The titles of acquisition or ownership of each property shall
be delivered to the co-heir to whom said property has been
Art. 1084. Voluntary heirs upon whom some condition has been adjudicated. (1065a)
imposed cannot demand a partition until the condition has been
fulfilled; but the other co-heirs may demand it by giving sufficient Art. 1090. When the title comprises two or more pieces of land which
security for the rights which the former may have in case the have been assigned to two or more co-heirs, or when it covers one
condition should be complied with, and until it is known that the piece of land which has been divided between two or more co-heirs,
condition has not been fulfilled or can never be complied with, the the title shall be delivered to the one having the largest interest, and
partition shall be understood to be provisional. (1054a) authentic copies of 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
Art. 1085. In the partition of the estate, equality shall be observed as the same, the oldest shall have the title.(1066a)
far as possible, dividing the property into lots, or assigning to each of
the co-heirs things of the same nature, quality and kind. (1061) B. Effects of Partition.
Art. 1086. Should a thing be indivisible, or would be much impaired
Art. 1091. A partition legally made confers upon each heir the
by its being divided, it may be adjudicated to one of the heirs,
exclusive ownership of the property adjudicated to him. (1068)
provided he shall pay the others the excess in cash.
Art. 1092. After the partition has been made, the co-heirs shall be
Nevertheless, if any of the heirs should demand that the thing be
reciprocally bound to warrant the title to, and the quality of, each
sold at public auction and that strangers be allowed to bid, this must
property adjudicated.(1069a)
be done. (1062)
Art. 1093. The reciprocal obligation of warranty referred to in the
Art. 1087. In the partition the co-heirs shall reimburse one another for
preceding article shall be proportionate to the respective hereditary
the income and fruits which each one of them may have received
shares of the co-heirs, but if any one of them should be insolvent, the
from any property of the estate, for any useful and necessary
other co-heirs shall be liable for his part in the same proportion,
expenses made upon such property, and for any damage thereto
deducting the part corresponding to the one who should be
through malice or neglect. (1063)
indemnified.
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Those who pay for the insolvent heir shall have a right of action Art. 1097. A partition may be rescinded or annulled for the same
against him for reimbursement, should his financial condition causes as contracts. (1073a)
improve. (1071)
Art. 1098. A partition, judicial or extra-judicial, may also be rescinded
Art. 1094. An action to enforce the warranty among heirs must be on account of lesion, when any one of the co-heirs received things
brought within ten years from the date the right of action accrues. (n) whose value is less, by at least one-fourth, than the share to which
he is entitled, considering the value of the things at the time they
Art. 1095. If a credit should be assigned as collectible, the co-heirs were adjudicated. (1074a)
shall not be liable for the subsequent insolvency of the debtor of the
estate, but only for his insolvency at the time the partition is made. Art. 1099. The partition made by the testator cannot be impugned on
the ground of lesion, except when the legitime of the compulsory
The warranty of the solvency of the debtor can only be enforced heirs is thereby prejudiced, or when it appears or may reasonably be
during the five years following the partition. presumed, that the intention of the testator was otherwise. (1075)
Co-heirs do not warrant bad debts, if so known to, and accepted by, Art. 1100. The action for rescission on account of lesion shall
the distributee. But if such debts are not assigned to a co-heir, and prescribe after four years from the time the partition was made.
should be collected, in whole or in part, the amount collected shall be (1076)
distributed proportionately among the heirs. (1072a)
Art. 1101. The heir who is sued shall have the option of indemnifying
Art. 1096. The obligation of warranty among co-heirs shall cease in the plaintiff for the loss, or consenting to a new partition.
the following cases:
Indemnity may be made by payment in cash or by the delivery of a
(1) When the testator himself has made the partition, unless it thing of the same kind and quality as that awarded to the plaintiff.
appears, or it may be reasonably presumed, that his intention was
otherwise, but the legitime shall always remain unimpaired; 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
(2) When it has been so expressly stipulated in the agreement of share. (1077a)
partition, unless there has been bad faith;
Art. 1102. An heir who has alienated the whole or a considerable part
(3) When the eviction is due to a cause subsequent to the partition, of the real property adjudicated to him cannot maintain an action for
or has been caused by the fault of the distributee of the rescission on the ground of lesion, but he shall have a right to be
property. (1070a) indemnified in cash. (1078a)
C. Rescission and Nullity of Partition. Art. 1103. The omission of one or more objects or securities of the
inheritance shall not cause the rescission of the partition on the
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ground of lesion, but the partition shall be completed by the RULE 87: ACTIONS BY AND AGAINST EXECUTORS AND
distribution of the objects or securities which have been ADMINISTRATORS
omitted. (1079a)
Sec. 1. Actions which may and which may not be brought against
Art. 1104. A partition made with preterition of any of the compulsory executor or administrator. - No action upon a claim for the recovery
heirs shall not be rescinded, unless it be proved that there was bad of money or debt or interest thereon shall be commenced against the
faith or fraud on the part of the other persons interested; but the executor or administrator; but actions to recover real or personal
latter shall be proportionately obliged to pay to the person omitted property, or an interest therein, from the estate, or to enforce a lien
the share which belongs to him. (1080) thereon, and actions to recover damages for an injury to person or
property, real or personal, may be commenced against him.
Art. 1105. A partition which includes a person believed to be an heir,
but who is not, shall be void only with respect to such RULE 86: CLAIMS AGAINST ESTATE
person. (1081a)
Sec. 5. Claims which must be filed under the notice. - If not filed,
XXIII. EXECUTORS AND ADMINISTRATORS. barred; exceptions. All claims for money against the decedent,
arising from contract, express or implied, whether the same be due,
Art. 1058. All matters relating to the appointment, powers and duties not due, or contingent, all claims for funeral expenses and expenses
of executors and administrators and concerning the administration of for the last sickness of the decedent, and judgment for money
estates of deceased persons shall be governed by the Rules of against the decedent, must be filed within the time limited in the
Court. (n) notice; otherwise they are barred forever, except that they may be
set forth as counterclaims in any action that the executor or
Art. 1059. If the assets of the estate of a decedent which can be
administrator may bring against the claimants. Where an executor or
applied to the payment of debts are not sufficient for that purpose,
administrator commences an action, or prosecutes an action already
the provisions of Articles 2239 to 2251 on Preference of Credits shall
commenced by the deceased in his lifetime, the debtor may set forth
be observed, provided that the expenses referred to in Article 2244,
by answer the claims he has against the decedent, instead of
No. 8, shall be those involved in the administration of the decedent's
presenting them independently to the court as herein provided, and
estate. (n)
mutual claims may be set off against each other in such action; and if
Art. 1060. A corporation or association authorized to conduct the final judgment is rendered in favor of the defendant, the amount so
business of a trust company in the Philippines may be appointed as determined shall be considered the true balance against the estate,
an executor, administrator, guardian of an estate, or trustee, in like as though the claim had been presented directly before the court in
manner as an individual; but it shall not be appointed guardian of the the administration proceedings. Claims not yet due or contingent,
person of a ward. (n) may be approved at their present value.
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1

SUCCESSION | ATTY. URIBE

Estate of Giberson, 48 O.G. #7, 2657

D. Subject of Succession Art. 1003. If there are no descendants, ascendants, illegitimate

Art. 782. An heir is a person called to the succession either by the

(3) The widow or widower;

Art. 992. An illegitimate child has no right to inherit abintestato from

Survivorship Rule: Art. 1045. The lawful representatives of corporations, associations,

Bonilla v. Barcena, 71 SCRA 491 Borromeo-Herrera v. Borromeo, 152 SCRA 171

Article 799. To be of sound mind, it is not necessary that the testator

2. Specific requirements. - A cross cannot be taken as the signature of the testator

Defects: Icasiano v. Icasiano, 11 SCRA 422

Gabucan v. Manta, 95 SCRA 752 b. Supervening incompetency.

VI. CODICILS A. Definition of revocation

A. Definition. Art. 825, 830 B. When may revocation be effected.

Molo v. Molo, 90 Phil. 3

F. Doctrine of Dependent Relative Revocation

VIII. REPUBLICATION AND REVIVAL OF WILLS A. Concept of probate

Article 811. In the probate of a holographic will, it shall be necessary

Nepomuceno v. Ca, 139 SCRA 206

If there are two or more legitimate children or descendants, the

A married woman, twenty-one years of age or over, is qualified for all

Arellano v. Pascual, G.R. No. 189776, December 15, 2010

Nuguid v. Nuguid, 17 SCRA 449 Balanay v. Martinez, 64 SCRA 452

Chua v.CFI, 78 SCRA 406

(756, 854, 674a)

will, taking into consideration the circumstances under which

Article 1183. Impossible conditions, those contrary to

b. Inoperative conditions. The condition not to do an impossible thing shall be

Article 881. The appointment of the administrator of

Article 880. If the heir be instituted under a

Article 858. Substitution of heirs may be:

(2) Provisions which contain a perpetual prohibition

Art. 962. In every inheritance, the relative nearest in degree

Relatives in the same degree shall inherit in equal shares,

1. Legitimate parents and ascendant.

E. The State. PROVISIONS COMMON TO TESTATE AND INTESTATE

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