405 2020 | SUCCESSION CASE DIGESTS | ISSUES: WON the heirs of Alvarez are liable for

GRAVADOR the obligations of their predecessor YES

MODULE 1: INTRODUCTION RULING:

● The doctrine in this jurisdiction is that
MODULE 2: CONCEPT OF SUCCESSION; generally the rights and obligations of the
BASIS OF SUCCESSION deceased is transmissible to his legitimate
children and heirs.
Topic: Transmissible rights and obligations ● The binding effect of contracts upon the
heirs of the deceased party is not altered
Alvarez v. IAC by the provision of our Rules of Court that
GR No. 68053 | May 7, 1990 money debts of a deceased must be
liquidated and paid from his estate before
the residue is distributed among said heirs
FACTS: ( Rule 89).
● Yanes was survived by her 3 children ● The reason is that whatever payment is
leaving them with 2 parcels of land. Private thus made from the estate is ultimately a
respondents (PR) in this case, are the payment by the heirs or distributees, since
children of the heirs of Yanes. the amount of the paid claim in fact
● PR never visited the land since Japanese diminishes or reduces the shares that the
times but after liberation they went there heirs would have been entitled to receive.
to get their share of the sugar produced ● Petitioners being the heirs of the late
therein only to be informed that Santiago, Rosendo Alvarez, they cannot escape the
Fuentabella and Alvarez were in possession legal consequences of their father's
of the land. transaction, which gave rise to the present
● It was found that a TCT of the land was claim for damages. That petitioners did not
issued in the name of Santiago who later inherit the property involved herein is of no
on sold it to Fuentabella and upon moment because by legal fiction, the
Fuentabella’s death and during the monetary equivalent thereof devolved into
settlement of his estate the land was finally the mass of their father's hereditary estate,
sold to Alvarez. and we have ruled that the hereditary
● PR filed a complaint against Santiago, assets are always liable i n their totality for
Fuentabella, and Alvarez and the ROD for the payment of the debts of the estate.
the return of the ownership and possession ● It must, however, be made clear that
of the land, as well as the accounting of its petitioners are liable only to the extent of
fruits. the value of their inheritance. Petitioners’
● During the pendency of the case, Alvarez admitted that there are other properties
sold the land to Siason who were then left by the deceased which are sufficient to
issued a TCT. cover the amount adjudged in favor of PR
● Siason was considered to be a buyer in
good faith by the court, so the court Rabadilla v. CA
ordered the heirs of Alvarez (after the GR 113725 | June 29, 2000
death of Alvarez) to pay the heirs of Yanes
the value of the land plus damages.
● Petitioners disclaim the liability contending FACTS:
that it should be the sole liability of their ● In a Codicil appended to the Last Will and
predecessor Alvarez or his estate, after his Testament of testatrix Aleja Belleza, Dr.
death Jorge Rabadilla, predecessor-in-interest of
the herein petitioner, Johnny S. Rabadilla,

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 was instituted as a devisee of 511,855 sq. 2. WON by virtue of the amicable settlement,
m. of that parcel of land surveyed as Lot the said obligation imposed by the Codicil
No. 1392 of the Bacolod Cadastre. has been assumed by the lessee, and
● Subject Codicil provides that the instituted whatever obligation petitioner had become
heir is under obligation to deliver 100 piculs the obligation of the lessee; that petitioner
of sugar yearly to Marlena Belleza is deemed to have made a substantial and
Coscuella (PR). Such obligation is imposed constructive compliance of his obligation
on the instituted heir, Dr. Jorge Rabadilla, through the consummated settlement
his heirs, and their buyer, lessee, or (NO.)
mortgagee should they sell, lease,
mortgage or otherwise negotiate the RULING:
property involved. 1. NO. The CA did not err in ruling that the
● The Codicil further provides that in the heirs of Rabadilla must comply with the
event that the obligation to deliver the provisions of the Codicil to deliver the sugar
sugar is not respected, PR Marlena Belleza to PR Marlena.
shall seize the property and turn it over to
the testatrix's near descendants. It is a general rule under the law on
● To summarize, Dr. Rabadilla died in 1983 succession that successional rights are
and his heirs failed to comply with the transmitted from the moment of death of
yearly obligation to deliver the sugar (from the decedent and compulsory heirs are
1985 to 1989) which caused PR Marlena to called to succeed by operation of law. Thus,
institute a complaint before the RTC of the petitioner, his mother and sisters, as
Bacolod Branch 52 against Rabadilla’s compulsory heirs of the instituted heir, Dr.
heirs. In her complaint, she prayed for the Jorge Rabadilla, succeeded the latter by
enforcement of the provisions of the operation of law, without need of further
Codicil---to reconvey the subject lot to the proceedings. Conformably, under Art. 776,
late Aleja Belleza’s surviving heirs. since obligations not extinguished by death
● In 1988, Alan Azurin, son-in-law of the also form part of the estate of the
Petitioner Johnny Rabadilla and lessee of decedent; corollarily, the obligations
the subject property entered into a imposed by the Codicil on the deceased Dr.
compromise agreement with PR Marlena to Jorge Rabadilla, were likewise transmitted
deliver the sugar but again, there was no to his compulsory heirs upon his death.
full compliance with said agreement. 2. NO. The amicable settlement did not serve
● RTC then dismissed the case for lack of as substantial compliance with the
cause of action. On appeal by PR Marlena, obligation found in the Codicil.
the CA set aside the decision of the RTC
and ordered Rabadilla’s heirs to reconvey Suffice it to state that a Will is a personal,
title together with its fruits and interests to solemn, revocable and free act by which a
the estate of testatrix Aleja Belleza. Hence, person disposes of his property, to take
this petition for review by Johnny Rabadilla effect after his death. Since the Will
before the SC. expresses the manner in which a person
intends how his properties be disposed, the
ISSUES: wishes and desires of the testator must be
1. WON the CA erred in ruling that heirs of strictly followed. Thus, a Will cannot be the
Rabadilla had the obligation to deliver subject of a compromise agreement which
sugar PR Marlena from the moment of would thereby defeat the very purpose of
death of the modal heir, Dr. Rabadilla (NO. making a Will.
CA ruling is CORRECT.)

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Topic: Rights and obligations extinguished by “Succession is a mode of acquisition by
death virtue of which property, rights and
obligations to the extent of the value of the
NHA v. Almeida inheritance, of a person are transmitted
GR 162784 | June 27, 2007 through his death to another or others
either by his will or by operation of law.”

Margarita Herrera is under a contract to sell with

FACTS: Land Tenure Administration (LTA) NHA such that upon her death, this obligation does
awarded to Margarita Herrera several portions of not cease since it is transmissible either by will or
land with her children as her heirs. The first child, by operation of law. NHA cannot make another
Beatriz Herrera-Mercado, predeceased her contract to sell to other parties since the property
mother and left heirs. When the mother passed was already initially paid for by the decedent.
away, the other remaining child, Francisca What NHA should have done was to consider the
estate of the decedent as the next person to fulfill
Herrera, filed Deed of Self-Adjudication claiming
the obligation to pay the remaining purchase
to be the exclusive and remaining heir of the
price. NHA should have been alert to note that
deceased, which was based on a Sinumpaang
there are other heirs to the interests and
Salaysay of the latter.
properties of the decedent who may claim the
The heirs of the first child filed an annulment of property after testate or intestate proceedings.
the Deed of Self-Adjudication which was declared
null and void by the Court of First Instance. On the
other hand, the living child of Herrera filed an
application with National Housing Authority (NHA) Estate of Hemady v. Luzon Srety
to purchase the same lots which was granted by 100 Phil 389 (1956)
the same. This was affirmed by the Office of the
President. When Francisca Herrera died, her heirs
executed an extrajudicial settlement of her estate, FACTS: Luzon Surety Co. filed a claim against the
approved by NHA and directed the heir of Beatriz
Estate of K.H. Hemady based on 20 different
Herrera-Mercado the leave the property.
agreements or counterbonds wherein the
In RTC, they raised that the Deed of Self- deceased was a surety solidary guarantor for
Adjudication was declared of nullity since the other various principals. The court dismissed the claims
heirs were disregarded. The heirs of Francisca on the ground that the premiums due and the cost
Herrera countered that the transfer of the of documentary stamps were not contemplated by
purchase of the subject lots was valid since there the indemnities and that whatever losses may
was consideration paid. RTC set aside the decision occur after Hemady’s death are not chargeable to
of NHA and Office of the President, declaring the
his estate because upon his death he ceased to be
Deeds of Sale to be null and void. This was
a guarantor.
affirmed by CA.

ISSUE: Is the estate of K.H. Hemady liable for

the bonds?
ISSUES: Was NHA correct in its resolution in
granting the application of the purchase of lots by
RULING: YES, the solidary guarantor’s liability is
Francisca Herrera?
not extinguished by his death, and Luzon Surety
Co. had the right to file against the estate a
RULING:
contingent claim for reimbursement.
NO. The Sinumpaang Salaysay of Margarita
Herrera was in fact a will which effectivity
commences at her time of death which means that Article 1131 of the Civil Code provides that
all her interests as a person should cease to be to “Contracts take effect only as between the parties,
hers and shall be in the possession of her estate their assigns and heirs, except in the case where
until transferred to the heirs by virtue of Art. 774: the rights and obligations arising from the contract

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 are not transmissible by their nature, or by
stipulation or by provision of law.” Seangio v. Reyes
GR No. 140371-72 | Nov. 27, 2006
Succession is a mode of acquisition by virtue of
which the property, rights and obligations to the FACTS:
extent of the value of the inheritance of a person
are transmitted through his death to another or 1. Private respondents filed a petition for the
others either by his will or by operation of law. The settlement of the intestate estate of the late
inheritance includes all the property, rights and Segundo Seangio (Sp. Proc. No. 98-90870) of the
obligations of a person which are not extinguished RTC, and praying for the appointment of private
by his death. respondent Elisa D. Seangio- Santos as special
administrator and guardian ad litem of petitioner
The general rule is that a party’s contractual rights Dy Yieng Seangio.
and obligations are transmissible to the
successors. The contracts of suretyship entered 2. However, petitioners opposed the petition.
into by Hemady in favor of Luzon Surety Co. not They contended among others that the deceased
being rendered intransmissible due to the nature Segundo executed a general power of attorney in
of the undertaking, nor by the stipulations of the favor of Virginia giving her the power to manage
contracts themselves, nor by provision of law, his his business in the Philippines, and left a
eventual liability thereunder necessarily passed holographic will, dated disinheriting Alfredo
upon his death to his heirs. Seangio, for cause. In view of the purported
holographic will, petitioners averred that in the
The nature of the obligation of the surety or event the decedent is found to have left a will, the
guarantor is to reimburse the money whether intestate proceedings are to be automatically
made by Hemady himself or by someone else on suspended and replaced by the proceedings for
his behalf, so long as the money was paid to it. As the probate of the will.
to stipulation, under the law a person who enters
into a contract is deemed to have contracted for 3. A petition for the probate of the
himself and his heirs and assigns, it is unnecessary holographic will of Segundo (SP. Proc. No. 99-
for him to expressly stipulate to that effect; hence 93396), was filed by petitioners before the RTC.
his failure to do so is no sign that he intended his Consequent, upon motion of petitioners, both
bargain to terminate upon his death. As to cases were consolidated.
intransmissibility by operation of law, the
provision makes reference to those cases where
the law expresses that the rights or obligations are 4. Private respondents moved for the
extinguished by death, as is the case in legal dismissal of the probate proceedings primarily on
support, parental authority, usufruct, contracts for the ground that the document purporting to be the
a piece of work, partnership, and agency. By holographic will of Segundo does not contain any
contract, the articles of the Civil Code that regulate disposition of the estate of the deceased and thus
guaranty or suretyship contain no provision that does not meet the definition of a will (Article 783
the guaranty is extinguished upon the death of the CC). They averred that the will only shows an
guarantor or the surety. alleged act of disinheritance by the decedent of his
eldest son, Alfredo, and nothing else; that all other
compulsory heirs were not named nor instituted as
MODULE 3: WILLS AND ITS heir, devisee or legatee, hence, there is preterition
CHARACTERISTICS which would result to intestacy.

Topic: Characteristics; disposition of 5. Petitioners filed their opposition to the

property motion to dismiss contending that: 1) generally,

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the authority of the probate court is limited only to in favor of those who would succeed in the
a determination of the extrinsic validity of the will; absence of Alfredo.
2) private respondents question the intrinsic and
not the extrinsic validity of the will; 3) Moreover, it is a fundamental principle that the
disinheritance constitutes a disposition of the intent or the will of the testator, expressed in the
estate of a decedent; and, 4) the rule on form and within the limits prescribed by law, must
preterition does not apply because Segundo's will be recognized as the supreme law in succession.
does not constitute a universal heir or heirs to the All rules of construction are designed to ascertain
exclusion of one or more compulsory heirs. and give effect to that intention. It is only when
the intention of the testator is contrary to law,
6. The RTC dismissed the petition for probate morals, or public policy that it cannot be given
proceedings as it clearly shows that there is effect.
preterition, as the only heirs mentioned thereat
are Alfredo and Virginia, and on its face, it appears Holographic wills, therefore, being usually
to be intrinsically void. prepared by one who is not learned in the law, as
illustrated in the present case, should be
construed more liberally than the ones drawn by
ISSUES: an expert, taking into account the circumstances
1. WON the will executed by Segundo can be surrounding the execution of the instrument and
considered as a holographic will. the intention of the testator. In this regard, the
2. WON there is preterition in the will when Court is convinced that the document, even if
Segundo did not institute an heir to the exclusion captioned as Kasulatan ng Pag-Aalis ng Mana, was
of his other compulsory heir. intended by Segundo to be his last testamentary
act and was executed by him in accordance with
law in the form of a holographic will. Unless the
RULING: will is probated, the disinheritance cannot be given
1. Yes, the document executed by Segundo effect.
conforms to the formalities of a holographic will
prescribed by law. 2. No. The compulsory heirs in the direct line
were not preterited in the will when Segundo
A holographic will, as provided under Article 810 executed the document without instituting an heir.
of the Civil Code, must be entirely written, dated,
and signed by the hand of the testator himself. It Article 854 of the Civil Code states: "The
is subject to no other form, and may be made in preterition or omission of one, some, or all of the
or out of the Philippines, and need not be compulsory heirs in the direct line, whether living
witnessed. at the time of the execution of the will or born after
the death of the testator, shall annul the institution
Segundo's document, although it may initially of heir; but the devisees and legacies shall be valid
come across as a mere disinheritance instrument, insofar as they are not inofficious. If the omitted
conforms to the formalities of a holographic will compulsory heirs should die before the testator,
prescribed by law. It is written, dated and signed the institution shall be effectual, without prejudice
by the hand of Segundo himself. An intent to to the right of representation."
dispose mortis causa can be clearly deduced from
the terms of the instrument, and while it does not In addition, in Article 841 of the Civil Code states:
make an affirmative disposition of the latter's "A will is valid even though it should not contain
property, the disinheritance of Alfredo, an institution of an heir, or such institution should
nonetheless, is an act of disposition in itself. In not comprise the entire estate, and even though
other words, the disinheritance results in the the person so instituted should not accept the
disposition of the property of the testator Segundo inheritance or should be incapacitated to succeed.

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In such cases the testamentary dispositions made Article 919. The following shall be sufficient causes
in accordance with law shall be complied with and for the disinheritance of children and descendants,
the remainder of the estate shall pass to the legal legitimate as well as illegitimate:
heirs." (1) When a child or descendant has been found
guilty of an attempt against the life of the testator,
It was Segundo's last expression to bequeath his his or her spouse, descendants, or ascendants;
estate to all his compulsory heirs, with the sole (2) When a child or descendant has accused the
exception of Alfredo. Also, Segundo did not testator of a crime for which the law prescribes
institute an heir to the exclusion of his other imprisonment for six years or more, if the
compulsory heirs. The mere mention of the name accusation has been found groundless;
of one of the petitioners, Virginia, in the document (3) When a child or descendant has been convicted
did not operate to institute her as the universal of adultery or concubinage with the spouse of the
heir. Her name was included plainly as a witness testator;
to the altercation between Segundo and his son, (4) When a child or descendant by fraud, violence,
Alfredo. intimidation, or undue influence causes the
testator to make a will or to change one already
made;
3. (not an issue) WON probate of the will (5) A refusal without justifiable cause to support
can be dispensed in Segundo’s holographic will. the parents or ascendant who disinherit such child
or descendant;
No. Considering that the questioned document is (6) Maltreatment of the testator by word or deed,
Segundo's holographic will, and that the law favors by the child or descendant;
testacy over intestacy, the probate of the will (7) When a child or descendant leads a
cannot be dispensed with. dishonorable or disgraceful life;
(8) Conviction of a crime which carries with it the
Article 838 of the Civil Code provides that no will penalty of civil interdiction.
shall pass either real or personal property unless
it is proved and allowed in accordance with the For disinheritance to be valid, Article 916 of the
Rules of Court. Thus, unless the will is probated, Civil Code requires that the same must be effected
the right of a person to dispose of his property may through a will wherein the legal cause therefore
be rendered nugatory. shall be specified. With regard to the reasons for
the disinheritance that were stated by Segundo in
In view of the foregoing, the trial court, therefore, his document, the Court believes that the
should have allowed the holographic will to be incidents, taken as a whole, can be considered a
probated. It is settled that testate proceedings for form of maltreatment of Segundo by his son,
the settlement of the estate of the decedent take Alfredo, and that the matter presents a sufficient
precedence over intestate proceedings for the cause for the disinheritance of a child or
same purpose. descendant under Article 919 of the Civil Code.

4. (not an issue) WON there is valid Topic: Characteristics; mortis causa

disinheritance in the Kasulatan ng Pag-Alis ng
Mana executed by Segundo. Vitug v. CA
183 SCRA 755
Yes, there is valid disinheritance in the document
as it unmistakably showed Segundo's intention of FACTS:
excluding his eldest son, Alfredo, as an heir to his This case is a continuation in an earlier suit involving the
estate for the reasons that he cited therein. In probate of the two wills of the late Dolores Luchangco
effect, Alfredo was disinherited by Segundo. Vitug, who died in New York, USA sometime November

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1980. The decedent named private respondent Rowena them but only that of master-servant. This nullifies
Faustino-Corona (PR) as executrix. the assumption that the master was the exclusive
● Petitioner along with a certain Nenita Alonte were owner of the bank account. Consequently, in Macam
appointed as administrator and co-administrator of V. Gatmaitan the Court sustained the survivorship
Mrs. Vitug’s estate pending probate. agreement entered by parties who agreed to become
● Petitioner filed a motion asking for authority from the the owner of the specified property upon the death
probate court to sell certain shares of stock and real of the other.
properties belonging to the estate to cover allegedly ● It is for this reason that hereby Petitioner in his
his advances to the estate in the sum of petition assailed the ruling of the appellate court.
P667,731.66, plus interests, which he claimed were
personal funds.
● The alleged advances consisted of several amounts ISSUES:
which according to Mr. Vitug, he withdrew from WON the survivorship agreement entered by petitioner,
savings account No. 35342-038 of the Bank of his wife - during her lifetime, and the bank, had the
America, Makati, Metro Manila. effect of validly making the funds in the savings account
● PR opposed such motion to sell on the ground that exclusively owned by the Petitioner upon the death of
the same funds withdrawn from the savings account his wife.
were conjugal partnership properties and part of the
estate, thus there is no ground for a reimbursement.
● Further, PR assailed that the petitioner failed to RULING:
include the sums in question for inventory and for ● A survivorship agreement is in the nature of an
concealment of funds belonging to the estate. aleatory contract where one or both reciprocally
● Petitioner, however, insisted that the funds bind themselves to give or do something in
withdrawn from the said savings account are his consideration of what the other shall give or do
exclusive property having acquired the same through upon the happening of an event which is uncertain,
a survivorship agreement executed with his late wife or which is to occur at an indeterminate time. (Art.
and the bank. 2010,NCC)
● Essentially, the agreement provides that the joint ● The Court further stressed that fulfillment of an
savings current account shall be the property of both aleatory contract depends on either the happening
the spouses and shall be payable to and collectible or of an event which is “uncertain” or one “which is to
withdrawable by either of the spouses during their occur at an indeterminate time.”
lifetime. It added that the bank account shall belong ● In this case, the uncertain happening is the death
to and be the sole property of the survivor or of one of the party and survivorship of the other.
survivors, and shall be payable to and and ● In the absence of showing that the funds in the
collectible or withdrawable by such survivor or savings account in question is exclusively owned by
survivors. one of the spouses, it is presumed to be conjugal,
● The trial court upheld the validity of the survivorship as it was acquired during the existence of the
agreement and granted Petitioner’s motion to sell marital relations of petitioner.
some of the estate of his late wife, the proceeds of ● Here, the conveyance cannot be that of mortis
which shall be used to pay the personal funds of the causa. It must be noted that a mortis cause
Petitioner (from the abovementioned savings transfer requires that it shall be embodied in a will.
account) in the sum of P667,731.66. - A will is defined as “ a personal, solemn,
● PR filed a petition for certiorari before the CA. It revocable and free act by which a capacitated
ruled that the survivorship agreement constitutes a person disposes of his property and rights and
conveyance mortis cause which did not comply with declares or complies with duties to take effect
the formalities of a valid will as prescribed by Art. after his death." In other words, the bequest
805, NCC. or device must pertain to the testator which is
● The petitioner assailed the ruling relying on this not the case at bar.
Court’s decision in Rivera v. People’s Bank and Trust ● Neither is it an intervivos transfer because: 1) the
Co. where the exclusive owner of the funds- transfer shall only take effect after the death of one
deposited in the bank subsequently transferred the party; and 2) it is not a donation between spouses
account to the name of himself and/or to his servant because it involved no conveyance of a spouse’s
and executed with the latter the survivorship own properties to another.
agreement which was sustained by the Court, ● The survivorship agreement shows no reason that
although there was no relation of kinship between it had been executed for the purpose of
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 circumventing the law. However, the Court warns time of the testator’s death, holographic
that although a survivorship agreement is not wills were not permitted by law still.
contrary to law, its effect may be violative of the
law such as when it be shown that the agreement
● Take note that at the time of the hearing,
is a mere cloak to hide an inofficious donation.
and when the case was to be decided, the
● Thus, the motion to sell by the petitioner was
granted and appellate court’s decision set aside New Civil Code was already in force, which
permitted the execution of holographic
Topic: Law governing form; as to time of wills under a liberal view.
execution
● The Trial Court admitted to probate the will
Enriquez v. Abadia of Father Abadia in the view that the
GR No. L-7188| Aug 9, 1954 intention of the testation is the controlling
factor and may override the defect of the
FACTS: holographic will.

● On Sep. 6, 1923, Father Abadia executed a ISSUES: Is it correct for the RTC probate the
document purporting to be his Last Will and holographic will of the testator even when at the
Testament known here as “Exhibit A”. time it was executed, holographic wills were still
not allowed?
● Fr. Abadia died on Jan. 14, 2943. He left
properties estimated as P8, 000.00. In other words, what is the law to apply to the
probate of Exh. "A"?
● On Oct. 2, 1946, Andres Enriquez, one of
the legatees in Exhibit A, filed a petition for RULING:
its probate in the CFI Cebu. ● The validity of the will is to be judged not
by the law inforce at the time of the
● Some cousins and nephews who would testator’s death or at the time the
inherit the estate of the deceased if Father supposed will is presented in court for
Abadia didn’t leave a will filed an probate or when the petition is decided by
opposition. the court but at the time the instrument
was executed.
● During the hearing, one of the attesting
witnesses testified without contradiction ● One reason in support of the rule is that
that Father Sancho wrote out in longhand although the will operates upon and after
Exhibit A in Spanish which Father Abadia the death of the testator, the wishes of the
understood; and that Father Abadia signed testator about the disposition of his estate
on left hand margin of the front page of among his heirs and among the legatees is
each of the folios of which the document is given solemn expression at the time the
composed, and signed his name at the end will is executed, and in reality, the legacy
of his writing at the last page – all this in or bequest then becomes a completed act.
the presence of the three witnesses and the
said witnesses signed their names on the ● Of course, there is the view that the
last page after the attestation clause. intention of the testator should be the
ruling and controlling factor and that all
● The trial court declared that Exhibit A is a adequate remedies and interpretations
holographic will – that it was in the should be resorted to in order to carry out
handwriting of the testator (Father Abadia) said intention, and that when statutes
and that although it was executed at the passed after the execution of the will and
after the death of the testator lessen the

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 formalities required by law for the OCTs was issued. (Fermin -> Sulpicia &
execution of wills, said subsequent statutes Carlos -> Back to Sulpicia)
should be applied so as to validate wills ● Upon the death of Carlos in 1936, his
illegitimate daughter Melecia, took possession
defectively executed according to the law
of the land in question and executed a deed
in force at the time of execution. of sale to Edilberto Cagampan who in turn
HOWEVER, we should not forget that from transferred the said land to Teodora Grado via
the day of the death of the testator, if he Deed of Exchange of Properties and occupied
leaves a will, the title of the legatees and the property ever since. (Melecia ->
devisees under it becomes a vested right, Edilberto -> Teodora)
protected under the due process clause of ● In 1944, petitioner executed an affidavit
adjudicating unto herself the property
the constitution against a subsequent
previously registered to her uncle Carlos
change in the statute adding new legal manifesting that she is the only heir of Carlos.
requirements of execution of wills which A TCT was subsequently issued in 1969 in her
would invalidate such a will. name for the whole property of his
grandfather.
● By parity of reasoning, when one executes ● In 1970, petitioner instituted an action for
a will which is invalid for failure to observe recovery of the said 436sqm property
occupied by the respondents.
and follow the legal requirements at the
● CFI Pangasinan dismissed the complaint and
time of its execution then upon his death ruled in favor of respondents Grado, the CA
he should be regarded and declared as then affirmed in toto the said decision upon
having died intestate, and his heirs will appeal.
then inherit by intestate succession, and
no subsequent law with more liberal ISSUES:
requirements or which dispenses with
● WON Melecia has the right to sell the land in
such requirements as to execution question and if she is the daughter of Carlos
should be allowed to validate a Jimenez
defective will and thereby divest the heirs ● WON Teodora Grado became the owner of the
of their vested rights in the estate by land by virtue deed of exchange with Edilberto
intestate succession. The general rule is and Deed of sale between Edilberto and
that the Legislature can not validate void Melecia.
● WON Sulpicia’s TCT over the land can be
wills.
defeated by the adverse open and notorious
possession of Teodora
Topic: Law governing content

Jimenez v. Fernandez RULING:

GR No. L-46364| Apr. 6, 1990
FACTS: ● The court finds merit in the petition and
declared Sulpicia to be the sole and absolute
● Land in question is a 436 sqm parcel of owner of the land in question with right to its
residential land covered by a TCT in the name possession and enjoyment. Upon the death of
of Petitioner Sulpicia Jimenez. (transferred in
her uncle Carlos, his share in the properties
her name upon the death of her uncle Carlos)
● Said land is part of a larger land (2,932 sqm) descended by intestacy to Sulpicia.
which formerly belonged to Fermin Jimenez ● Respondents failed to present concrete
who has two sons Fortunato and Carlos. evidence to prove that Melecia was really the
Sulpicia is the only daughter of Fortunato who daughter of Carlos Jimenez.
predeceased his father Fermin. ● Even assuming that Melecia was the
● After the death of Fermin the entire land was illegitimate daughter of Carlos, she still has no
registered in equal pro-indiviso shares
right to succeed to the estate of Carlos and
between Sulpicia and her uncle Carlos and an
therefore could not have validly acquired and

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 transferred to Edilberto the property in being in violation of Article 10 (now Article
question. 16) of the Civil Code:
● Rights to succession are transmitted from the “Nevertheless, legal and testamentary
moment of death of the decedent. (Art. 777) successions, in respect to the order of
● Since Carlos died before the effectivity of the succession as well as to the amount of the
Civil Code of the Philippines, the successional successional rights and the intrinsic validity of
rights pertaining to his estate is governed by their provisions, shall be regulated by the
the Civil Code of 1889. national law of the person whose succession
● Under the 1889 Civil Code (Art. 807, 935): a is in question, whatever may be the nature of
child must be either a child legitimate, the property or the country in which it may be
legitimated, adopted or an acknowledged situated.”
natural child - for illegitimate not natural are ● However, the oppositor did not prove that said
disqualified to inherit. Melecia was born out of testamentary dispositions are not in
the common-law relationship between her accordance with the Turkish laws, inasmuch
mother and Carlos, however she could not be as he did not present any evidence showing
considered acknowledged natural child what the Turkish laws are on the matter, and
because Carlos was legally married to another in the absence of evidence on such laws, they
and hence not qualified to marry Melecia’s are presumed to be the same as those of the
mother. Philippines. (Lim & Lim v. Collector of
● In the absence of any voluntary conveyance Customs)
to Melecia by Carlos or Sulpicia, she cannot ● The oppositor’s exclusion in the inheritance is
legally transfer said land to Edilberto and in based on the last part of the will:
turn Edilberto cannot legally transfer the “I likewise desire to state that although, by
same to respondent Teodora. law, I am a Turkish citizen, this citizenship
● Lower court also erred in ruling that Teodora having been conferred upon me by conquest
acquired the property via prescription since and not by free choice, nor by nationality and,
the property in question is registered pro on the other hand, having resided for a
indiviso under Sulpicia and Carlos hence considerable length of time in the Philippine
cannot be defeated by prescription. Islands where I succeeded in acquiring all of
the property that I now possess, it is my wish
Miciano v. Brimo that the distribution of my property and
GR No. 22595 | Nov. 1, 1924 everything in connection with this, my will, be
made and disposed of in accordance with the
FACTS: laws in force in the Philippine Islands,
● The partition of the estate left by the requesting all of my relatives to respect this
deceased Joseph G. Brimo, a Turkish national, wish, otherwise, I annul and cancel
is in question. beforehand whatever disposition found in this
● Andre Brimo, one of the brothers of the will favorable to the person or persons who
deceased, opposed the approved scheme of fail to comply with this request.”
partition and assigned errors: (1) denial of his
participation in the inheritance; and (2) the ● If such condition is legal and valid, any
declaration that the Turkish laws are legatee who fails to comply is prevented from
impertinent to this cause. receiving his legacy.
● His opposition is based on the fact that the
partition in question puts into effect the
provisions of Joseph G. Brimo’s will which are ISSUE: Whether the decedent’s statement in the
not in accordance with the laws of his Turkish will to distribute his property in accordance with
nationality, for which reason they are void as the laws of PH governs his testamentary
succession.

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 the reprobate of a will of the deceased,
RULING: Adoracion Campos, which was allegedly
executed in the United States and for her
● No, the national law of the testator is the one appointment as administratrix of the estate
to govern his testamentary provisions. of the deceased testatrix.
[Article 10 (now Art 16) of the Civil Code]  In her petition, Nenita alleged that the
● The condition of the institution of the legatees testatrix was an American citizen at the
in the will that they must respect the time of her death and was a permanent
testator’s will to distribute his property in resident of 4633 Ditman Street,
accordance with the laws of the PH is void for Philadelphia, Pennsylvania, U.S.A.; that
being contrary to law as it expressly ignores the testatrix died in Manila on January 31,
the testator’s national law. 1977 while temporarily residing with her
● Said condition then, in the light of the legal sister at 2167 Leveriza, Malate, Manila;
provisions above cited, is considered that during her lifetime, the testatrix made
unwritten, and the institution of legatees in her last will and testament on July 10,
said will is unconditional and consequently 1975, according to the laws of
valid and effective even as to the herein Pennsylvania, U.S.A., nominating Wilfredo
oppositor. Barzaga of New Jersey as executor;
● All of the remaining clauses of said will with Clement L. McLaughlin, the administrator
all their dispositions and requests are who was appointed after Dr. Barzaga, is
perfectly valid and effective it not appearing also a resident of Philadelphia, U.S.A., and
that said clauses are contrary to the testator's that therefore, there is an urgent need for
national laws. the appointment of an administratrix to
● SC directed that the distribution of this estate administer and eventually distribute the
be made in such a manner as to include the properties of the estate located in the
herein appellant Andre Brimo as one of the Philippines.
legatees.  On January 11, 1978, an opposition to the
reprobate of the will was filed by
Hermogenes alleging among other things,
Cayetano v. Leonidas that the will in question is a forgery; that
129 SCRA 522 the intrinsic provisions of the will are null
and void but later on filed a Motion to
Cayetano v. Leonidas Dismiss Opposition through his counsel,
GR No. 54919| May. 30, 1984 Atty. Franco Loyola.
 Herein respondent judge rendered a
FACTS: decision stating that the Last Will and
 On January 31, 1977, Adoracion C. Campos Testament of Adoracion C. Campos be
died, leaving her father, petitioner admitted and allowed probate in the
Hermogenes Campos and her sisters, Philippines. Also appointing Nenita Campos
private respondent Nenita C. Paguia, Peguia as Administratrix of the estate of
Remedios C. Lopez and Marieta C. Medina said decedent.
as the surviving heirs. As Hermogenes  Hermogenes filed a petition confirming the
Campos was the only compulsory heir, he withdrawal of his opposition on April 14,
executed an Affidavit of Adjudication 1979. However, he then subsequently filed
whereby he adjudicated unto himself the a petition for relief, praying that the order
ownership of the entire estate of the allowing the will be set aside on the ground
deceased Adoracion Campos. that the withdrawal was secured through
 Eleven months after, on November 25, fraudulent means.
1977, Nenita C. Paguia filed a petition for

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  Meanwhile, on June 6, 1982, petitioner Therefore, under Article 16 par. (2) and
Hermogenes Campos died and left a will, 1039 of the Civil Code which respectively
appointing Polly Cayetano as the executrix provide:
of his last will and testament. Cayetano, Art. 16 par. (2).
therefore, filed a motion to substitute xxx xxx xxx
herself as petitioner in the instant case "However, intestate and testamentary
which was granted by the court. She then successions, both with respect to the order of
elevated the matter at hand to the succession and to the amount of successional
Supreme Court. rights and to the intrinsic validity of testamentary
provisions, shall be regulated by the national law
ISSUES: of the person whose succession is under
 Whether or not the respondent Judge erred consideration, whatever may be the nature of the
in ruling that the right of a forced heir to property and regardless of the country wherein
his legitime can be divested by a decree said property may be found."
admitting a will to probate in which no Art. 1039.
provision is made for the forced heir in "Capacity to succeed is governed by the law of the
complete disregard of Law of Succession. nation of the decedent."
 The law which governs Adoracion Campo's
RULING: will is the law of Pennsylvania, U.S.A.,
 The issue raised deals with the validity of which is the national law of the decedent.
the provisions of the will. As a general rule, Although the parties admit that the
the probate court's authority is limited only Pennsylvania law does not provide for
to the extrinsic validity of the will, the due legitimes and that all the estate may be
execution thereof, the testatrix's given away by the testatrix to a complete
testamentary capacity and the compliance stranger, the petitioner argues that such
with the requisites or solemnities law should not apply because it would be
prescribed by law. The intrinsic validity of contrary to the sound and established
the will normally comes only after the court public policy and would run counter to the
has declared that the will has been duly specific provisions of Philippine Law.
authenticated. However, where practical  It is a settled rule that as regards the
considerations demand that the intrinsic intrinsic validity of the provisions of the
validity of the will be passed upon, even will, as provided for by Article 16 (2) and
before it is probated, the court should meet 1039 of the Civil Code, the national law of
the issue. (Maninang v. Court of Appeals, the decedent must apply.
114 SCRA 478).
 In the case at bar, the petitioner maintains
that since the respondent judge allowed
the reprobate of Adoracion's will,
Hermogenes C. Campos was divested of his
legitime which was reserved by the law for
him. This contention is without merit.
 Although on its face, the will appeared to
have preterited the petitioner and thus, the
respondent judge should have denied its
reprobate outright, the private respondents
have sufficiently established that Adoracion
was, at the time of her death, an American
citizen and a permanent resident of
Philadelphia, Pennsylvania, U.S.A.

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