Art.

776 – Inheritance - includes all the hand, instead of acceptance, there is

property, rights and obligations of a person repudiation, it is as if the heir never owned,
which are not extinguished by death never possessed the property, also because
of the retroactive effect of a repudiation
‘Inheritance’ Distinguished From
‘Succession’ 2 KINDS OF PRESUMED DEATH
1.) Inheritance is the property or right 1) Ordinary presumption because of
acquired; ordinary absence
2.) Succession is the manner by virtue of - presumed dead for the purpose of opening
which the property or right is acquired. his succession — at the end of ten years
- disappeared after the age of seventy-five =
Rights not extinguished by death - at the end of five years
1) Right to bring or continue an action for
forcible entry or unlawful detainer; 2) Extraordinary presumption because of
2) Right to compel the execution of a extraordinary or qualified absence
document necessary for convenience; a) A person on board a vessel lost during a
3) Right to continue a lease contract either sea voyage, or an aeroplane which is
as lessor or lessee; missing, who has not been heard of for four
4) Property right in an insurance policy years since the loss of the vessel or
aeroplane;
Obligations extinguished by death b) A person in the armed forces who has
1) Obligation to support taken part in war, and has been missing for
four years;
Art. 777 – When rights of succession are c) A person who has been in danger of
transmitted = from the moment of death of death under other circumstances and his
the decedent existence has not been known for four
- it is not tradition (delivery) that transfers years.
ownership here, but succession - presumptions regarding the time of
- date of actual delivery to heir is immaterial death are rebuttable; proof may be
- the effects of an acceptance (of the presented as to when death actually
inheritance) retroact to the moment of death occurred.

-upon the other - Prior to a person’s death, his heirs merely

have an inchoate right to his property
“Future inheritance” - any property or right Inheritance includes - all the property, rights
not in existence or capable of determination and obligations of a person which are not
at the time of the contract, that a person extinguished by his death
may in the future acquire by succession.
- cannot be subject of sale/donation -it may be defined as the universality of all
the property, rights and obligations
-Where there are no debts to be paid, the constituting the patrimony of the decedent
estate should pass to the heirs which are not extinguished by his death.

Basis of succession - family is recognized Inheritance distinguished from

as the heart and soul of society, the idea of succession
succession must, therefore, revolve around
it. Hence, the basis of succession rests Inheritance - refers to the universality of all
upon family co-ownership. the property, rights and obligations
constituting the patrimony of the decedent
- the basis or foundation of succession is which are not extinguished by his death
the recognized necessity of perpetuating
man’s patrimony beyond the limits of human Succession - the legal mode by which such
existence. property, rights and obligations are
-necessity of giving greater stability to the transmitted
family and to the social economy.
Restricted concept of inheritance - no
Decedent - person whose property is succession shall be declared unless and
transmitted through succession, whether or until:
not he left a will. a.) a liquidation of the assets and debts
left by the decedent shall have been
Testator – if he has left a will made;
b.) his creditors fully paid.
Subjective Elements of Succession -
consist of the decedent and those who are - Until a final liquidation is made and all
called to succeed such decedent either by debts are paid, the right of the heirs to
will or by operation of law, such as the heirs, inherit remains inchoate
devisees or legatees.
- the heirs cannot be made to pay for the - If this is not possible, then he is
unpaid balance (they remain as debts or deemed to have died at the time of
obligations of the decedent) the expiration of the period
designated by law.
Efficient Cause of Succession (Art. 777) - Exc: When the absentee
disappeared under any one of the
1.) the expressed will of the decedent as extraordinary circumstances
manifested in his last will and testament; enumerated in Art. 391 (deemed to
2.) or his presumed will as provided by law have died at the time of
disappearance – under dangerous
Condition – the fact of his death circumstances)

 The heirs may enter into a 2. Presumption of death is rebuttable

contract with respect to his share in
the inheritance even before partition Retroactive effect of acceptance of
has been effected. This is so inheritance
because his right with respect Once the heir accepts his inheritance and
thereto is already in the nature of a takes possession thereof, his right thereto is
vested right in accordance with Art. deemed to retroact to the moment of the
777 decedent’s death.

 Before the death of the decedent, no Requirement of Judicial Confirmation

heir may enter into a contract with The formal declaration or recognition of the
respect to his future share right of the heirs requires judicial
confirmation in the proper testate or
 Only a mere hope or expectancy, intestate proceedings.
absolutely inchoate in character, to
their share in the inheritance Kinds of Succession
(1) Testamentary;
How death is proven (2) Legal or intestate; or
GR: The time when the absentee died must (3) Mixed
be proved in accordance with the ordinary (4) Contractual succession
rules of evidence
Testamentary - that which results from the Second, all of his transmissible rights and
designation of an heir, made in a will obligations which are existing at the time of
executed in the form prescribed by law his death; and
Third, all of the property and rights which
Intestate succession - that which is may have accrued to the hereditary estate
effected by operation of law in default of a since the opening of the succession.
will (“Accretions”)
- if the decedent has not made any will, or
even where he has made one, if it has not - property is acquired PRIOR to the death,
been made in accordance with the not afterwards. (properties acquired after
formalities prescribed by law, his presumed death is governed by Art. 793)
will as provided by law shall govern the - the inheritance includes all of the
distribution of his hereditary estate decedent’s properties in existence at the
time of his death
Mixed – partly by will and partly by - can only refer to those properties which
operation of law are available for distribution among the
- if the testator makes a will which does not persons called to the inheritance after
dispose all of his property settlement or liquidation

Contractual succession - since a donation Transmissible rights and obligations

by reason of marriage is a true contract and (1) Rights relative to persons and family or
since it shall take effect only after the death purely personal rights are intransmissible in
of the donor, it is evident that it is in reality a character. Consequently, they are not
contractual disposition mortis causa. included in the inheritance.
(2) In the second place, rights relative to
Art. 781 – Inheritance also includes also property or patrimonial rights are generally
those which have accrued thereto since the transmissible in character. Consequently,
opening of the succession they may be included in the inheritance.
Excepted from this rule are those which are
Extent of Inheritence - expressly made intransmissible by
First, all of his property which are existing operation of law such as personal and legal
at the time of his death; usufructs and personal easements.
(3) In the third place, rights arising from Art. 782
obligations or rights of obligations, whether Heir - person called to the succession either
contractual or otherwise, are generally by the provision of a will or by operation of
transmissible in character. law.
-if they succeed by universal title, that is, to
ALL or a FRACTION or ALIQUOT PART of
Rights that are purely personal in the properties, rights and obligations
character or they are made so by
operation of law, are the following: Devises and legatees - persons to whom
(1) rights and obligations between husband gifts of real and personal property are
and wife; respectively given by virtue of a will.
(2) property relations between husband and - possible only in testamentary succession.
wife; - always succeeds to individual items of
(3) action for legal separation; property by means of a particular or special
(4) action to compel acknowledgment of a title.
natural child; - always given a specific designation of
(5) action to obtain judicial declaration of property
illegitimate filiation of an illegitimate child
who is not natural; Legacy - refers to specific property
(6) parental authority or patria potestas; bequeathed by a particular or special title
(7) rights of a guardian;
(8) right to receive and the obligation to Devises/Legatees vs. Heirs (Distinction)
give support; (1) Devisees or legatees - always called to
(9) right to hold a public offi ce as well as succeed to individual items of property;
the right to exercise a profession or
vocation; Heirs - are always called to succeed to an
(10) right of usufruct; indeterminate or aliquot portion of the
(11) right of personal easement; decedent’s hereditary estate. In other
(12) rights and obligations arising from a words, the first succeed by particular title
contract of partnership; (titulo particular), while the second succeed
(13) rights and obligations arising from a by universal title (titulo universal).
contract of agency; and
(14) criminal responsibility. (2) Devisees or legatees are always called
to succeed by means of a will;
Heirs - called to succeed either by means of 2 parts of a hereditary estate
a will (voluntary) or by operation of law 1.) The disposable free portion over
(compulsory and legal). which the testator has absolute
testamentary control and which,
Why is it important to distinguish? consequently, may be disposed of
(1) In case of preterition or pretermission in by will in favor of any person not
the testator’s will of one, some, or all of the disqualified by law to succeed;
compulsory heirs in the direct line; 2.) The legal portion or legitime over
- the effect is to annul entirely the institution which the testator has no
of heirs, but legacies and devises shall be testamentary control because the
valid law has already reserved it for
certain heirs who are, therefore,
(2) In case of imperfect or defective called compulsory heirs.
disinheritance: According to Art. 918 of the
Code, the effect is to annul the institution of Art. 783
heirs to the extent that the legitime of the
Will - an act whereby a person is permitted,
disinherited heir is prejudiced, but legacies
with the formalities prescribed by law, to
and devises shall be valid insofar as they
control to a certain degree the disposition of
are not inofficious;
his estate, to take effect after his death

(3) In case properties are acquired by the

- a disposition, made by a competent
testator after the execution of the will
testator in the form prescribed by law, of
property over which he has legal power of
Kinds of Heirs
disposition, which disposition is of such
1. Voluntary - an heir called to
nature as to take effect after his death
succeed to the whole or an aliquot
part of the disposable free portion of
Will – Requisites:
the hereditary estate by virtue of the
(1) a written instrument
will of the testator;
(2) duly executed and attested, by which
2. Compulsory - an heir called by law
(3) a competent person makes
to succeed to a portion of the
(4) a voluntary disposition
testator’s estate known as the
(5) of property
legitime
(6) in favor of another competent person
(7) to take effect after the maker’s death, Delegation of Testamentary Acts
(8) meantime being revocable or First, the duration of the designation of
ambulatory heirs, devisees or legatees;
Second, the efficacy of the designation; and
Characteristics of a Will Third, the determination of the portions
1. It is a strictly personal act; which they are to take when referred to by
2. It is an individual and unilateral act; name.
3. It is a free and voluntary act;
4. It is a formal and solemn act; Rule: Cannot be left to the discretion of a
5. It is a disposition of property; third person
6. It is an act mortis causa; and
7. It is ambulatory and revocable during the Art. 786 – What may be entrusted to third
testator’s lifetime. persons
- distribution of specific property or sums of
Art. 784 money that he may leave in general to
“A strictly personal act” specified classes or causes;
- cannot be left in whole or in part to the - the designation of the persons, institutions
discretion of a third person, or accomplished or establishments to which such property or
through the instrumentality of an agent or sums of money are to be given or applied.
attorney;
- the making of a will cannot be delegated or What can be left to the discretion of a
left in whole or in part to the discretion of a third person? Non-testamentary acts.
third person
- Exception: the mere act of drafting or Art 787 - Testator may not make a
writing of the will does not fall within the testamentary disposition in such manner
purview of the prohibition that another person has to determine if it is
- duration or efficacy of the designation of operative
heirs, devisees or legatees, or the Art. 788 – Testamentary disposition with
determination of the portions which they are diff. interpretations = that interpretation
to take which renders it operative

What cannot be left to the discretion of Art. 789 –

3rd persons: 1) Latent/Intrinsic Ambiguity - does not
appear on the face of the will, and is - Before proeprties are distributed, the will
discovered only by extrinsic evidence must be proven before the Court first
- Doubt arises because of things outside the through a probate proceeding;
will - Exceptions (where there is no need for
- when no person or property exactly the will to be submitted to probate)
answers the description = mistakes and
omissions must be corrected - Donation of a part of the human
- How determined? Examine extrinsic body
evidence such as written declarations of the
testator - When the will does not dispose of
any property, no need to submit it
2) Patent or Extrinsic Ambiguity - under probate
appears on the face of the will itself; in other
words, by examining the provision itself - When will merely appoints an
- the circumstances under which the will executor
was made (extrinsic evidence) may be
considered here - If a person’s name is not
explicitly/sufficiently described, the person
- Oral declarations are disallowed in both intended cannot inherit (ex. “Brother-in-law”)

Art. 790 – - If particular heir cannot be identified, then

Rules for Interpretation of Words nobody can inherit
(a) Ordinary words have their ordinary (See intrinsic and extrinsic evidences)
meanings
- Exc: a clear intention that another meaning After-acquired properties
was used - may also include debts borrowed after
(b) Technical words have technical death
meanings -Exceptions to the rule on AAPs:
- Exceptions: 1. Republication of will/Codicils/Execution of
1) Contrary intention; a new will (Codicil - when the testator
2) Will was drafted by the testator alone, executes a codicil expanding the scope of
who did not know the technical meaning the will – shall cover properties currently
owned during time of execution of codicil)
Notes:
- Exception to the exception : when the Testamentary capacity - refers to the
testators subsequently acquires properties ability as well as the power to make a will
after the execution of codicil
- the right to make a will is an inherent or
2. Erroneously thought that he owned natural right; it is purely a creature of
certain properties, but in truth, said statute, and, as such, is subject to
properties do not really belong to him; legislative regulation and control
Testamentary capacity vs. Testamentary
3. Legacy of credits or remission may only power
be effective Testamentary capacity – concerns the
ability of the testator;
4. Anticipatory disposition in the will – when Testamentary power – involves a privilege
the testator provides in the will that under the law
properties acquired after death are included
Art. 793 – AFTER-ACQUIRED
- Determination of after-acquired PROPERTIES
properties is only relevant if there is - What are given by the will are only those
a will executed by the decedent properties already possessed and owned by
- AAP applies to both legatees and the testator at the time the will was made,
devises, also heirs, even if heirs are not those acquired after
not entitled to specific properties but Except:
aliquot portions only (the basis shall (a) If it expressly appears in the will that it
be the properties’ value) was the intention to give such “after-
---------------------------------------------------------- acquired” properties.
Art. 792 (b) If the will is republished or modified by a
GR: Invalidity of one of several dispositions subsequent will or codicil
contained in a will does not result in the (c) he erroneously thought that he owned
invalidity of the other dispositions certain properties, the gift of said properties
- Exception: presumed that the testator will not be valid,
would not have made such other (d) as regards that part of the credit or debt
dispositions if the first invalid disposition had existing at the time of the death of the
not been made testator. (credit/collectible debt was given by
the testator to the heir)
- that part of the debt which is UNPAID pa
 unimpaired, or unshattered by disease,
Art. 795 – Formal Validity of a Will injury or other cause
- Depends upon the observance of the law
in force at the time it is made. - means the ability of testator mentally to
a) Extrinsic validity - refers to the forms understand in a general way:
and solemnities needed. (a) The nature and extent of his property;
b) Intrinsic validity — refers to the legality (b) His relation to those who naturally have
of the provisions in an instrument, contract a claim to benefit from the property left by
or will him;
(c) The practical effect of the will as
Requisites – Who can make a will executed
(Art. 796) - All persons who are not - the soundness of mind must exist at the
expressly prohibited by law may make a time of the execution of the will, not before
will nor after
(1) He must be at least eighteen years of
age; (Art. 797) and - It shall be sufficient if: (THREE-POINT
(2) He must be of a sound mind at the time TEST) – Art. 799
of execution (Art. 798) 1.) the testator was able to know the nature
(3) Not expressly prohibited by law to make of the estate to be disposed of at the time of
a will. making the will;
2.) The proper objects of his bounty;
When capacity must exist - Testamentary 3.) The character of the testamentary act.
capacity must exist at the time of the
execution of the will. Art. 800 – Presumption that every person is
of sound mind;
- a person is said to have reached the age Burden of proof that the testator was not
of eighteen within the meaning of the law of sound mind – on the person who
only at the commencement of the day which opposes the probate of the will
is popularly known as his birthday Burden of proof that the will was made
during a lucid interval – person who
“Sound Mind” maintains the validity of a will
- not necessary that the testator be in full
possession of all his reasoning faculties, or Test of a sound mind –
that his mind be wholly unbroken,
1.) Whether he knew, at least in a general consequences of insanity do not apply to
way, the nature of the estate to be disposed acts done therein.
of; - period in which an insane person has so
2.) Whether he knew, at least in a general far recovered from his insanity so that he is
way, the proper objects of his bounty; in a position to be able at the time of making
3.) Whether he understood or his will
comprehended the character of the
testamentary act. Burden of proof in case of a lucid
interval
Presumption of a sound mind - burden rests upon the proponent of the will
- the law presumes that every person is of to produce evidence that the incapacity did
sound mind, in the absence of proof to the not exist when the will was executed, or to
contrary; show that the will was made during a lucid
- the burden of proof that the testator was interval.
not of a sound mind at the time of making
his dispositions is on the person who 3rd Case wherein the presumption is
opposes the probate of the will shifted
- when the testator makes a will at a time
Inversion of presumption (Presumption when he is still under guardianship.
of mental incapacity) - the burden of proving soundness of mind
1) If the testator, one month or less, before in such case is cast upon the proponents of
making his will, was publicly known to be the will
insane, the presumption of soundness of
mind is inverted; Sufficiency of evidence of mental
- burden of proof is shifted to the capacity
proponents of the will - the evidence which should be presented
2) If the testator made the will after he had must cover a wide range in order that all
been judicially declared insane, and before facts may be brought out which will assist
such judicial order had been set aside the court in determining the question of
mental capacity.
“Lucid interval” - described as that period - where the testimony of the attending
in which an insane person is so far free from physician is based on mere professional
his disease, that the ordinary legal speculation, such testimony cannot prevail
over the positive statements of credible
witnesses whose testimony does not in itself “Idiocy” - those who are congenitally
seem unreasonable deficient in intellect, imbecility, those who
are mentally deficient as a result of disease
Effect of old age
- mere senility or infirmity of old age does Effect of mental delusion
not necessarily imply that a person lacks -which will render one incapable of making
testamentary capacity; a will;
- Exception: Senile dementia ; peculiar - may be defined as a belief in things which
decay of the mental faculties whereby the do not exist, and which no rational mind
person afflicted is reduced to second would believe to exist.
childhood.” - it must be shown that the will was the
- not just a feeble condition of the mind but product or offspring of the delusion, or at
a derangement thereof; least, that it was influenced by the delusion.
- in effect, produces testamentary incapacity
Effect of belief in supernatural
Effect of infirmity/disease - not in itself sufficient evidence of
- suffering from the last stages of testamentary incapacity
tuberculosis and asthma, or from paralysis - Except: dwelling upon it too persistently
and loss of speech, or from cholera, or from and profoundly, so that his will may be
a combination of sleeping sickness, invalidated upon the ground of an insane
insomnia, tuberculosis, and diabetes delusion
- will not affect his testamentary capacity, so - possible that belief in spiritualism may
long as it cannot be proved by competent establish lack of testamentary capacity
evidence that, at the time when the will was
executed, he was no longer in a position to Art. 801 – Supervening Incapacity
know the nature of the estate to be - does not invalidate an effective will, nor is
disposed of the will of an incapable validated by the
supervening of capacity
Effect of insanity
“Insanity” - refers to any disorder of the Classification of Wills
mind resulting from disease or defect in the 1. Ordinary (notarial) Will - it is a written
brain, whereby mental freedom may be will, executed in a language or dialect
perverted, weakened or destroyed known to the testator
- subscribed at the end thereof by the guaranty regarding testator’s soundness of
testator himself or by the testator’s name mind
written by some other person in his
presence and by his express direction Common Formalities of a Will
- attested and subscribed by three or more (1) the will must be in writing; and
credible witnesses in the presence of the (2) it must be written in a language or
testator and of one another, all of the pages dialect known to the testator.
of which 3) The will must be subscribed at the end
- are signed, except the last, on the left thereof by the testator himself or by the
margin by the testator or the person testator’s name written by some other
requested by him to write his name and by person in his presence and by his express
the instrumental witnesses, direction;
- numbered correlatively in letters placed on - “END OF THE WILL” : means the
the upper part of each page, containing an LOGICAL, not the physical end of the will
attestation clause executed by the (4) The will must be attested and subscribed
witnesses, by three or more competent & credible
- properly acknowledged before a notary witnesses in the presence of the testator
public by the testator and the said and of one another;
witnesses. (5) The testator or the person requested by
2. Holographic Will - a written will which him to write his name and the instrumental
must be entirely written, dated, and signed witnesses of the will, shall also sign each
by the hand of the testator himself, without and every page thereof, except the last, on
the necessity of any witness. the left margin;
- may be made either in or out of PH - full or customary signature is needed, hence,
- No marginal signatures on the pages are the full name is not required;

required - the signature must appear at the end of the

will;
- No acknowledgment is required.
- there must be animus testandi (intent to
leave a will is clear)
Disadvantages – Holographic Will:
(6) All the pages of the will shall be
(a) easier to forge
numbered correlatively in letters placed on
(b) easier to misunderstand; faulty in
the upper part of each page;
expressing his last wishes
(7) The will must contain an attestation
(c) no guaranty that there was no fraud,
clause; and
force, intimidation, undue infl uence; and no
(8) The will must be acknowledged before a - it is sufficiently signed by writing his
notary public by the testator and the initials, or his first name only, or he may
witnesses. even use an assumed name or a name
different from the one used to designate him
Attestation clause shall provide: as a testator in the body of the will.
1) the number of pages used;
2) that the testator signed (or expressly If the signature is only a mere cross, without
caused another person to sign) the will and any proof that it is the usual signature of the
every page thereof in the presence of the testator not a sufficient signature
instrumental witnesses;
3) that the instrumental witnesses witnessed Place of signature - requires that it must
and signed the will and all the pages thereof be at the foot or end of the will.
in the presence of the testator and of one
another. Instrumental witness - defined as one who
takes part in the execution of an instrument
Purposes of the attestation clause or writing
1) To preserve in permanent form a record Marginal Signatures - the testator or the
of the facts attending the execution of the person requested by him to write his name
will so that in case of failure of the memory and the instrumental witnesses of the will,
of the subscribing witnesses, or any other shall also sign, as aforesaid, each and
casualty, they may still be proved. every page thereof, except the last, on the
2) To render available proof that there has left margin
been a compliance with the statutory Numbering of Pages.
requisites for the execution of the will. - upper part of each page; The principal
3) And, incidentally, to minimize the object of this requirement is to forestall any
commission of fraud or undue influence. attempt to suppress or substitute any of the
pages of the will
“Sufficient signature”
- it will be a sufficient signature if he Evidence aliunde
intended it as his signature; - intrinsic evidence; facts that the will itself
- it should be manifest that whatever he can reveal
used as his signature was intended for that - defects that can be supplied by an
purpose; examination of the will itself;
- defects of substance can be cured only
by evidence WITHIN the will itself (c) Kinds of Probate —
1) uncontested
- a failure by the attestation clause to state 2) or contested
that the testator signed every page can be Uncontested - at least one identifying (not
liberally-construed, since that fact can be necessarily a subscribing) witness is
checked by a visual examination; required to avoid the possibility of fraud. If
- while a failure by the attestation clause to no witness is available, experts may be
state that the witnesses signed in one resorted to.
another’s presence should be considered a If contested – at least 3
fatal flaw
What happens when the will is destroyed
Not necessary: If a holographic will has been lost or
1) For the will to be dated destroyed without intent to revoke, and no
2) To state the place where it is made other copy is available, it CAN NEVER be
probated because the BEST and ONLY
- The notary public does not have to be evidence therefor is the HANDWRITING of
present at the execution of the will. He may, the testator in SAID will
of course, be present, if he wants. He
cannot, however, be one of the 3 Art. 811: Permissive or Mandatory?
instrumental witnesses, referred to in the - Art. 811 is mandatory. The word “shall’’
law. Note further that his presence is connotes a mandatory order.
required for the acknowledgment.
Art. 812 - Dispositions of the testator written
Functions of a Probate Court below his signature must be dated and
- settle and liquidate the estates of signed by him (in order to make them valid
deceased persons testamentary dispositions)

Art. 811 –Probate of Holographic Wills Art. 813 – Curing Defects

(a) Probate - means the allowance of a will - It is sufficient that the last disposition has a
by the court after its due execution has signature and date; it has the effect of
been proved. curing prior dispositions made with
(b) Proof of identity of the signature and signatures but without dates
handwriting of the testator is important,
otherwise, the will cannot be valid. Art. 814 - Insertion, cancellation, erasure
or alteration in a holographic will
- testator must authenticate them w/ his full Art. 819 - Joint Wills Executed Abroad
signature - shall not be valid in the Philippines, even
- full or usual or customary SIGNATURE though authorized by the laws of the country
(not necessarily the FULL NAME) where they may have been executed
- one exception to the rule of lex loci
Art. 815 – Filipinos in foreign countries are celebrationis.
authorized to make wills in accordance with - the prohibition refers only to Filipinos.
the form subscribed by the laws of the
country where they are in Art. 820 - Qualifications for Witnesses to
If a will is probated abroad - there is no Notarial Wills
need of an ordinary or usual probate here. (a) be of sound mind (Art. 820)
- what is required however is that there (b) be at least 18 years (Art. 820)
must be a proceeding here to prove that (c) be able to read and write (Art. 820)
indeed the will had already been probated (d) not be blind, deaf, or dumb (Art. 820)
abroad. (e) be domiciled in the Philippines (Art. 821)
(f) not have been CONVICTED (by final
Art. 816 – A will made by an alien abroad judgment) of FALSIFICATION of a
An alien abroad may make a will in document; PERJURY; or FALSE
accordance with the formalities (extrinsic TESTIMONY (Art. 821)
validity) prescribed by the law of:
(a) the place of his residence or domicile; - must be capacitated AT THE TIME OF
(b) his own country or nationality; ATTESTATION OF THE WILL
(c) the Philippines; - It is not essential for the witness to know
(d) the law of the place of execution the language in which the attestation has
been written. It is sufficient that same be
Art. 818 – Joint Wills = VOID interpreted to him.
Joint wills - those which contain in ONE - a foreigner may witness a will executed as
instrument the will of two or more persons long as he/she is a resident of the
jointly signed by them. Philippines
Why void? To allow as much as possible
SECRECY, a will being a purely personal Art. 821 – Who are disqualified from
act. being a witness to a will:
- prevent undue influence
(1) Any person not domiciled in the ----------------------------------------------------------
Philippines; -
(2) Those who have been convicted of NOTES:
falsification of a document, perjury or false - A testator must know the language to
testimony. which the will was written; the witnesses
need not know the language, as long as it
Effect of pardon was made clear to them or interpreted to
1. If the absolute pardon was an act of them
Executive grace of clemency, it is submitted Attestation vs. Subscription:
that the disqualification remains Subscription – an act of affixing one’s
2. If the pardon was given because of the signature (act of signing) in a will/other
man’s innocence – can now act as witness documents in particular places indicated by
to the will law
Attestation - contains the utterances
Art. 822 - Effect of Subsequent reduced into writing of the testamentary
Incapacity witnesses themselves
- if the witness is incapacitated to testify at - testator need not sign the attestation; it
the time of probate, he cannot testify as a would be like one person is made a witness
witness. to his own act/acts
- their becoming subsequently incompetent Acknowledgment –
shall not prevent the allowance of the will. - Acknowledgment of witnesses/testator/NP
need not be done in the same day, as long
Art. 823 - A witness cannot inherit as NP acknowledged their identity
- The disqualification extends to —
1) the witness SUBSECTION 5. - Codicils and
2) the spouse of the witness
Incorporation by Reference
3) the parent of the witness
4) the child of the witness
Codicil - a supplement or addition to a will,
- both legitimate and illegitimate (law does
made after the execution of a will and
not qualify)
annexed, to be taken as a part of it
5) anyone claiming the right of said witness,
- executed with the formalities of a will
spouse, parent, or child
- except: when there are three or more
“Incorporation by Reference”
witnesses other than the inheriting witness
Art. 827. If a will, executed as required by 2) If domiciled in the Philippines (not
this Code, incorporates into itself by provided for in the law) —
reference any document or paper, such a) follow law of the Philippines (since his
document or paper shall not be considered domicile is here) —
a part of the will unless the following b) or follow the general rule of lex loci
requisites are present: celebrationis of the REVOCATION.
(1) The document or paper referred to in the
will must be in existence at the time of the Will proved outside the Philippines may
execution of the will; be allowed here.
(2) The will must clearly describe and — Wills proved and allowed in a foreign
identify the same, stating among other country, according to the laws of such
things the number of pages thereof; country, may be allowed, filed and recorded
(3) It must be identified by clear and by the proper RTC
satisfactory proof as the document or paper
referred to therein; and If a foreign will has already been probated in
(4) It must be signed by the testator and the a foreign country, all that is needed is to
witnesses on each and every page, except prove the fact that there has already been a
in case of voluminous books of account or foreign probate of a will allowable in the
inventories. Philippines and that the deceased left
property in a place other than the
Art. 828 Philippines
When can a will be revoked – anytime
before death Art. 830 - Local or Domestic Ways of
- Such restriction CANNOT be waived; any Revocation
waiver is VOID (a) by implication or operation of law
(totally or partially)
Art. 829 - A revocation done outside the - when certain acts or events take place
Philippines, by a person who does not after a will has been made, rendering void
have his domicile in this country, is valid or useless either the whole will or certain
1) If not domiciled in the Philippines — testamentary dispositions
a) follow law of place where will was MADE; - certain changes in the family or domestic
b) or follow law of place where testator was relations or in the status of his property
DOMICILED at the time. - the law presumes a change of mind on the
part of the testator
 The overt act of BURNING
1) It is sufficient even if a small part of the
Some instances of revocation by instrument itself be burned even though the
implication of law: entire writing itself be left untouched;
1) When after the testator has made a will, 2) If thrown into the fire with intent to
he sells, or donates the legacy or devise. revoke, and it was burned in three places
2.) Provisions in a will in favor of a spouse without scorching the writing, there is
who has given cause for legal separation already a revocation even if, unknown to the
shall be revoked by operation of law the testator, somebody was able to snatch it
moment a decree of legal separation is from the fire and thus saved it.
granted.
3.) When an heir, legatee, or devisee - there must be present AN INTENT TO
commits an act of unworthiness REVOKE + THE ACT OF BURNING
4.) When a credit that had been given as a ITSELF
legacy is judicially demanded by the testator
5.) When one, some or all of the compulsory The overt act of TEARING
heirs have been preterited or omitted, the 1) Even a slight tear is sufficient.
institution of heir is void. 2) Of course, the greater the degree of
tearing the greater is the evidence of animo
(b) by virtue of an overt act (like burning, revocandi. Tearing into three pieces is
tearing, cancelling, or obliterating totally or sufficient. When all the other requisites are
partially in some instances) present. As a matter of fact tearing into two
Revocation by an Overt Act - Requisites: is even enough
(BTOC – Burning, tearing, obliterating, - THESE OVERT ACTS MAY BE
cancelling) PERFORMED BY A THIRD PERSON,
1) There must be an overt act specified by PROVIDED THAT IT IS DONE:
the law. 1) IN THE TESTATOR’S PRESENCE;
2) There must be a completion at least of 2) W/ THE TESTATOR’S EXPRESS
the subjective phase of the overt act. DIRECTION
3) There must be animus revocandi or intent
to revoke. (c) by virtue of a revoking will or codicil
4) The testator at the time of revoking must (totally or partially, or expressly or
have capacity to make a will. impliedly). (This is discussed last, and also
under Art. 831.)
(a) Revocation in this manner may be 4) When a credit that had been given as a
express or implied. (Implied revocations legacy is judicially demanded by the
consists in complete inconsistency between testator. (Art. 936).
the two wills.). 5) When one, some or all of the compulsory
(b) A will may be revoked by a subsequent heirs have been preterited or omitted
will or codicil, either notarial or holographic.
(c) It is essential however, that the revoking DOCTRINE OF RELATIVE
will be itself a valid will
REVOCATION
(d) The revocation made in the subsequent
- A revoking will must be valid as to form
will must indeed be a definite one. A mere
and substance in order for it to effectively
declaration that sometime in the future, the
revoke the original will
first would be revoked, is not enough.

Art. 831 – Implied Revocation Thru

EXAMPLES:
Subsequent Wills
1) When after the testator has made a will,
- those that do not annul in an express
he sells, or donates the legacy or devise.
manner
(See Art. 957).
- annul only such dispositions in the prior
Example: T gave A a legacy of T’s Volvo car
wills as are inconsistent with or contrary to
in his will. A year later, T sold the car to B
those contained in the previous
for P2M. On T’s death, will A get the car, the
P2M, or nothing?
Art. 832 – Valid but Ineffective Will
ANS.: A gets nothing, because by provision
- an invalid revoking will cannot revoke but
of law, T’s alienation of the car revoked the
a valid though ineffective will can
legacy automatically and by operation of
revoke.
law.
- even if the new will should:
2) Provisions in a will in favor of a spouse
1) become inoperative by reason of the
who has given cause for legal separation
incapacity of the heirs, devisees or legatees
shall be revoked by operation of law the
designated therein, or
moment a decree of legal separation is
2) by their renunciation.
granted. (See Art. 106, No. 4).
3) When an heir, legatee, or devisee
Art. 833 - Revocation Based on False or
commits an act of unworthiness under Art.
Illegal Cause = VOID
1032.
- refers to “dependent relative revocation” or
a revocation made out of mistake
- mistake must appear in the face of the will (b) The old will is republished as of the date
itself of the codicil
— makes it speak, as it were, from the new
Art. 834 - Effect of Revocation on the and later date.
Recognition of an Illegitimate Child (c) A will republished by a codicil is
- recognition of an illegitimate child does not governed by a statute enacted subsequent
lose its legal effect (even if gi revoke sya sa to the execution of the will, but which was
will) operative when the codicil was executed

Subsection 7. — REPUBLICATION Distinctions Between Republication and

Revival
AND REVIVAL OF WILLS
(a) Republication is an act of the
TESTATOR.
Art. 835 –
(b) Revival is one that takes place by
Republication - the process of re-
OPERATION of LAW.
establishing a will, which has become
(“Revival” has been defined as the
useless because it was void, or had been
restoration or reestablishment of revoked
revoked.
will or revoked provisions thereof, to
Kinds of Republication:
effectiveness, by virtue of legal provisions.)
1) Re-execution of the original will
2) Execution of a Codicil – or implied
Art. 838
publication
“Probate” - the act of proving before a
competent court the due execution of a will
To republish a will void as to its FORM,
by a person possessed of testamentary
all the dispositions must be reproduced or
capacity, as well as approval thereof by said
copied in the new or subsequent will.
court.

-here there is a prior VOID will

NOTES: (09/14)
- while in REVIVAL, the testator changed
- The mere fact that there are witnesses in a
his mind in revoking his will
holographic will does not affect the validity
of the HW, as long as it is HANDWRITTEN
Effects of Republication by Virtue of a
Codicil (Art. 836)
Republication – will is void from the
(a) The codicil revives the previous will.
beginning
In probate proceedings, the court — Who has jurisdiction (“Competent
1) orders the probate proper of the will courts”)
2) grants letters testamentary or letters with The Regional Trial Court of the province
a will annexed; —
3) hears and approves claims against the 1) where he has real estate (in case of
estate; NON-RESIDENT testator).
4) orders the payment of the lawful debts; 2) where he resided at the time of his death
5) authorizes the sale, mortgage, or any (in case of a RESIDENT testator)
other encumbrance of real estate; Moreover, it is essential that:
6) and directs the delivery of the estate or a) it be proved before the court that he died
properties to those who are entitled thereto. after having executed a will (in case of post
mortem probate)
2 kinds of Probate – b) and that the will has already been
1.) Probate during testator’s lifetime delivered to the Court
- does not prevent the testator from
revoking the probated will Requirements Before Distribution of
2.) Probate after the testator’s death Properties
(a) First, there must be a decree of partition
- essential ang probate even if only one heir allocating property to each heir.
is instituted (b) Then, payment of the estate tax is
required.
Two (2) parts of Post-Mortem Probate: (c) Finally, the distributive shares may be
I. The probate proper (this deals with delivered
EXTRINSIC VALIDITY) Probate
proceedings deals generally with the A ‘Will’ Is Essentially Ambulatory
extrinsic validity of the will sought to be - any time prior to the testator’s death, it
probated. may be changed or revoked
II. The inquiry into INTRINSIC VALIDITY - until admitted to probate, it has no effect
and the DISTRIBUTION itself of the whatever and no right can be claimed
property thereunder
- No will shall pass either real or personal
- Binding upon the WHOLE WORLD (being property unless it is proved and allowed in
a proceeding in rem) accordance with the Rules of Court
 proceedings, and the consequent issuance
Matters that Should be Brought up of the order of distribution directing the
Before the Probate Court delivery of the properties to the heirs in
1. determination of heirs; accordance with the adjudication made in
2. proof of filiation; the will.
3. determination of estate of decedent; and
4. claims thereto. Revocation vs. Disallowance of Wills
1.) Revocation is a voluntary act of the
Art. 839. The will shall be testator, while disallowance is given by
judicial order.
disallowed in any of the following
2.) Revocation is with or without cause;
cases: (DISALLOWANCE GROUNDS)
disallowance must always be for a legal
(1) If the formalities required by law have
cause.
not been complied with;
3.) Revocation may be partial or total, while
(2) If the testator was insane, or otherwise
disallowance as a rule is always total.
mentally incapable of making a will, at the
time of its execution;
Fraud - Fraud is the use of insidious
(3) If it was executed through force or under
machinations to convince a person to do
duress, or the influence of fear, or threats;
what ordinarily he would not have done. For
(4) If it was procured by undue and
fraud to vitiate a will, there must be intent to
improper pressure and influence, on the
defraud.
part of the beneficiary or of some other
person;
Art. 840
(5) If the signature of the testator was
“Institution of Heir” - an act by virtue of
procured by fraud;
which a testator designates in his will the
(6) If the testator acted by mistake or did not
person or persons who are to succeed him
intend that the instrument he signed should
in his property and transmissible rights and
be his will at the time of affixing his
obligations.
signature thereto.

Requisites for a VALID Institution

Probate proceedings are considered
(a) The will must be EXTRINSICALLY
terminated upon the approval by the
VALID. (Hence, the testator must be
probate court of the project of partition, the
capacitated, the formalities must be
granting of the petition to close the
observed, there must be no vitiated
consent, the will must have been duly - Misdescription cannot be corrected
probated, the will must have been the by ORAL TESTIMONY OF
personal act of the testator.) TESTATOR; may be corrected
(b) The institution must be valid using extrinsic evidence
INTRINSICALLY. (The legitime must not be - If among persons having the same names
impaired, the heir must be certain or and surnames, there is a similarity of
ascertainable; there should be no circumstances in such a way that, even with
preterition). the use of other proof, the person instituted
(c) The institution must be EFFECTIVE (no cannot be identified, none of them shall be
predecease, no repudiation by the heir, no an heir.
incapacity of the heir).
Art. 845 – Disposition in favor of an
Art. 841 – Institution of heirs; Will is still UNKNOWN PERSON = VOID
valid even if: - Except: by some event or
1) Does not contain institution; circumstance his identity becomes
2) Does not cover the entire estate; certain.
3) Non-acceptance of person instituted; - Disposition in favor of a DEFINITE CLASS
4) Subsequent incapacity of person = VALID
instituted.
“Unknown Person” - one who cannot be
Art. 843 – How designation of heirs is identified from the will; not one who is a
made: stranger to the testator.
- By their name or surname
- Even if a name is omitted as long as Art. 846. Heirs instituted without
it can be ascertained who the person designation of shares = inherit in equal
designated is, the disposition is valid parts.
- law merely expresses what it presumes to
Art. 844 – Error in the name of person have been the testator’s intention, for had
instituted -> Does not vitiate the institution he desired otherwise, he should have been
IF IT IS POSSIBLE TO KNOW WITH more specific.
CERTAINTY the person instituted - Art. 846 cannot be applied absolutely in
- As long as there is a clear intent case one of those instituted is a compulsory
and positive identification heir, inasmuch as institution in general
refers merely to the free portion (free - statement of a false cause for the
disposal). institution of an heir shall be considered as
not written
Art. 847 – Combination of Individual & - it appears from the will that the testator
Collective Designations would not have made such institution if he
GR: Those collectively designated shall be had known the falsity of such cause.
considered as individually instituted, - generally, this provision applies squarely
- EXCEPT: clearly appears that the to conditional inheritance
intention of the testator was - The fact that the testator would not have
otherwise. made the institution if he had known of the
falsity of the cause, must appear in the will
Art. 848 – Institution of Brothers and itself
Sisters (when there are some full-blood and
some half-blood) Illegal clauses
- the inheritance shall be distributed equally - Like the false clause, is also disregarded
- EXCEPT: Unless a contrary intention - If the real motive was illegal, the institution
appears should be void.
Example: “I hereby institute X because I
What happens in intestate succession? want him to kill Y, a college professor.” (To
(will-less) countenance such an institution would
- In intestate succession (OLD and NEW indeed be to encourage immorality.)
Civil Codes), the brother of the full-blood 2) If the real motive is generosity, liberality,
gets DOUBLE the share of the brother of or affection and the illegal cause is only
the half-blood incidental, the institution should be
considered valid.
Art. 849 – Institution of a person with his
children (altogether) Art. 851 - Effect of Institution to a Part of
- Deemed instituted the Estate
SIMULTANEOUSLY, and not 1) Testator has only instituted one heir
successively 2) Institution is limited to an aliquot part of
the inheritance
Art. 850 - Effect of Statements of a False - LEGAL succession takes place with
Cause for Institution respect to the remainder of the estate (goes
to the COMPULSORY HEIRS)
- there is NO INTENT to give all to the Requisites for Preterition:
instituted heir or heirs. (a) there is a TOTAL omission in the
inheritance;
Art. 852 -- named in the will, but he is not given any
1) intention of the testator that the instituted share, although there is no express
heirs should become sole heirs to the whole disinheritance, there is preterition
estate, or the whole free portion; - if heir merely received less than his
2) instituted to an aliquot part of the legitime, THERE IS NO PRETERITION
inheritance and their aliquot parts together - refers to “complete forgetfulness”
do not cover the whole inheritance (b) the omission must be of a
EFFECT: each part shall be increased COMPULSORY heir;
proportionately - not speak of the preterition of voluntary
- Art. 852 applies only if the intent is to heirs or intestate heirs
give all only to those instituted, (c) the compulsory heir omitted must be
otherwise legal succession takes in the DIRECT line
place as to the remainder - there is no preterition of a surviving
- The portion still undistributed should spouse, for though a compulsory heir, she is
clearly be divided proportionately to not in the direct line
the instituted heirs
“Free portion” – half of the value of the
Art. 853 - Effect if Institution Exceeds testate
Estate / the whole inheritance
- instituted heirs has been given an aliquot EFFECTS:
part of the inheritance - The institution of heirs is annulled
- each part shall be reduced proportionally (automatically, without need of court action);
it is as if there was no institution
Art. 854 – Preterition / - In a case of preterition, the omitted heir

Pretermission gets his share not only of the legitime but

also of the free portion.
- the omission, whether intentional or not, of
- legacies and devises shall remain valid
a compulsory heir in the inheritance of a
insofar as they are not inofficious
person.
- it shall not be voided but shall only be
- has the effect of annulling the institution of
reduced proportionally
the heirs
Art. 855 - Where Share of Omitted Heir “Substitution” - a disposition by virtue of
Must be Taken which a third person is called to receive
1) must first be taken from the part of the hereditary property in lieu of or after another
estate not disposed of by the will; person
(undisposed part) Purpose of Substitution
2) if not sufficient, must be taken Substitution was devised in order:
proportionally from the shares of the other (a) to prevent the property from falling into
compulsory heirs. the ownership of people not desired by the
- 855 applies regardless if a case involves testator.
preterition or not (b) to prevent the effects of intestate
- a donation is an advance of one’s legitime succession.
(c) to allow the testator greater freedom to
Process – help or reward those who by reason of
1) Deduct the value of the legacy services rendered to the testator, are more
2) Divide equally the balance worthy of his affection and deserving of his
bounty than intestate heirs
- the law says “child or descendant.”
- It is believed that same should apply also Art. 859 – Simple or Common
to an omitted compulsory heir, even though Substitution
not a child or descendant - testator may designate one or more
persons to substitute the heir or heirs
Art. 855 is useless; Why? instituted
- because the best procedure would be (in
the absence of legacies or devises) just to - Instances when the transfer to the
divide the property intestate. subsequent heir be made:
1) Predecease
Art. 856 – Predecease 2) Refusal to accept

- A compulsory heir who predeceases /Renunciation/Repudiation

his testator shall not transmit 3) Subsequent incapacity

anything to his heirs

--------------------------------------------------------- Some Instances When the Substitution is

Art. 857 Extinguished

(a) when the substitute predeceases the
testator
(b) when the substitute is incapacitated 2) B — is the second heir, or
(c) when the substitute renounces the fideicommissary or fideicomisario or benefi
inheritance ciary or cestui que trust. (He eventually
(d) when the institution of heir is annulled receives the property.)
(say by preterition) 3) T — is the testator or decedent or the
(e) when the institution or the substitution is fideicomitente.
revoked by the testator
(f) when a will is void or disallowed or REQUISITES:
revoked (a) There must be a FIRST HEIR called
primarily or preferentially to the enjoyment
Art. 862 – Substitution as to of the property.
liabilities/conditions (b) There must be an obligation clearly
General rule — If the substitute inherits, he imposed upon him to preserve and transmit
must fulfill the conditions imposed on the to a third person the whole or part of the
original heir. inheritance (part only if the substitution
EXCEPT: refers merely to that part).
1) testator expressly provided the contrary & (c) A SECOND HEIR.
it appears on the will (d) The 1st and the 2nd heirs must be only
2) if the charges or conditions are one degree apart. (Art. 863)
personally applicable, only to the heir (e) Both heirs must be alive (or at least
instituted conceived) at the time of the testator’s
death. (Art. 863).
Art. 863 – Fideicommissary Substitution [NOTE: A conceived child is already
- testator institutes a first heir, and charges considered born for all purposes favorable
him to preserve and transmit the whole or to it.].
part of the inheritance later on to a second (f) Must be made in an EXPRESS manner
heir (Art. 867, par. 1).
- in the fideicommissary, BOTH inherit. (g) Must not burden the legitime. (Arts. 864,
872, 904). (This is true for all kinds of
Who are the parties: substitutions, for after all, the compulsory
1) A — is the first heir, or fiduciary, or heirs are entitled to the legitime as of
heredero, fi duciaro, RIGHT.).
or trustee. (He has the obligation of (h) Must not be conditional. / must be
preserving and transmitting.) UNCONDITIONAL
 Fourth Requisite — The First and the
First Requisite – FIRST HEIR Second Heirs Must be ONE DEGREE
- must himself be capacitated, and must Apart
accept the inheritance
- not mere trustee for while he also 1) According to the Spanish Supreme Court
administers, he carries out not another’s - one degree means one transfer, one
wishes but his own transmission, or one substitution, the
- almost like a usufructuary, with the right to purpose being to prevent successive
enjoy the property entailments, regardless of relationship.
- entitled to a refund of useful
improvements, at least insofar as an 2) According to others like Manresa and
increase in value is concerned Sanchez Roman
- one “degree” means one “generation.”
Second Requisite — To preserve and This is because the word “degree” as used
transmit in the Civil Code — on intestate succession
- obligation to preserve and transmit must — refers to “generation.”
be given clearly and expressly, either by - can either be the child or parent of the first
giving the substitution this name of heir
“fideicommissary substitution,” or by - one purpose of the fideicommissary
imposing upon the first heir the absolute substitution is to maintain the prosperity and
obligation to deliver the property to a prestige of ONE FAMILY.
second heir.
- If a mere suggestion, advice, or request is Fifth Requisite — Both the First and the
made instead of an obligation, there is no Second Heirs Must Be Alive at the Time
fideicommissary substitution. of Testator’s Death
- must be UNCONDITIONAL
Purpose: To reduce as much as possible
Third Requisite — Second Heir the number of years the property will have
- known as fideicommissary, and is a sort of to be entailed
naked owner; upon transmission to him of - a non-conceived child has no juridical
the property, full ownership is consolidated capacity, and cannot therefore be given any
in him. legal right.
- could be either a natural or juridical person
Fideicomiso vs. Sustitucion - In the absence of a period fixed by the
Fideicommisaria vs. Mayorazco testator, the inheritance

1) Fideicomiso - instead of there being two Extent of the Inheritance to be Delivered

heirs, there really was only one heir - depends on testator’s intent
- the heir was a sort of middle man or agent - Unless specified, it is understood that the
whose function was, in many cases, to whole property received by a first heir in a
intervene only in order that an incapacitated fideicommissary substitution must be
person (the heir) could succeed from the delivered.
testator. - must not ordinarily alienate the property to
a stranger
2) Susticion Fideicommisaria – Art. 863
3) Mayorazco - the property or the greater Deductions to be made
portion of it was handed down from (a) Legitimate expenses — like necessary
generation to generation thru the oldest repairs for the preservation of the property;
child (similar to the custom of primo and the increase in value occasioned by
geniture) useful improvements. [NOTE: The actual
Art. 864. A fideicommissary substitution expenses for useful improvements are not
can never burden the legitime. reimbursable.]. (6 Sanchez Roman 701).
- The legitime is expressly reserved for the Examples of useful improvements are: a
compulsory heirs house, a fence. Other legitimate expenses
include those spent to defend the property
Art. 865 from usurpation by others. Expenses for
Fideicommissary Substitution Must Be luxury are of course not to be reimbursed.
Made Expressly - in order for it to be valid (b) Legitimate credits.
(c) Legitimate improvements
- it is sufficient that there be the absolute
obligation of delivering (and therefore of Art. 866 - Rules if Second Heir
preserving) the property to the second heir. Predeceases the Fiduciary
- The second heir shall acquire a right to the
When the Inheritance Is Supposed to Be succession from the time of the testator’s
Delivered to the Second Heir? death, even though he should die before
- Must be delivered at death of the first heir the fiduciary
- The right of the second heir shall pass to “Secret Instructions”
his heirs. - both the secret instructions and the giving
him of the money should be disregarded, for
Art. 867. The following shall not take both are void.
effect: - was done only to benefit an unknown
(1) Fideicommissary substitutions which are incapacitated person
not made in an express manner, either by - lack of accountability on the part of the
giving them this name, or imposing upon the agent : he may openly violate it because the
fiduciary the absolute obligation to deliver instructions are secret
the property to a second heir;
(2) Provisions which contain a perpetual Art. 868 - Effect of Nullity of the
prohibition to alienate, and even a Fideicommissary Substitution
temporary one, beyond the limit fixed - does not prejudice the validity of the
in Article 863; institution of the heirs first designated
(3) Those which impose upon the heir the - fideicommissary clause shall simply be
charge of paying to various persons considered as not written
successively, beyond the limit prescribed
in Article 863, a certain income or pension; Art. 869 – Grant of a Usufruct
(4) Those which leave to a person the whole - provision whereby the testator leaves to a
or part of the hereditary property in order person the whole or part of the inheritance,
that he may apply or invest the same and to another the usufruct, = VALID
according to secret instructions
communicated to him by the testator. - If he gives the usufruct to various persons,
not simultaneously, but successively, the
Payment of pensions provisions of Article 863 shall apply.
- here, payment is made by the testator to - can either be : 1) SIMULTANEOUSLY or
the first heir, then to the second heir (still 2) SUCCESSIVELY
valid) provided that the first and second
heirs are just one degree apart - Successive usufructuary – must be in
- but to require the testator to pay the compliance with Art. 863 (which means
second heir’s descendants would be the one degree apart requirement takes
prejudicial to the testator already (goes effect)
beyond the limits of Art. 863)
Art. 870 - Dispositions of the testator 2) Term — the day or time when an
declaring all or part of the estate inalienable obligation either becomes demandable or
for more than twenty years = VOID terminates.
- it is the day or time when the effect of an
Purpose: institution of the heir is to begin or cease.
1) Give more impetus to the socialization of 3) Modal institutions
the ownership of property - those made for a certain purpose or cause
2) To prevent the perpetuation of large
holdings which give rise to agrarian troubles “Modo” - signifies every onerous
disposition by which the obligor imposed
- No prohibition (not even less than 20 upon another and thus limited his promise,
years) can be imposed against the such as demanding a loan in exchange for
LEGITIME what the other person receive
- If a devise/legacy is given and the
recipient is prohibited to alienate, but no - The condition can be imposed only on the
period is fixed = understood that the free portion, never on the legitime. (Art.
prohibition is good for twenty years 904)
- EXCEPTION: testator can validly impose a
EXCEPTION : Art. 870 does not apply if prohibition against the partition of the
there is a fideicommissary substitution, for legitime, for a period not exceeding
this must be governed by Art. 867 twenty years.
- power of the testator to prohibit
CONDITIONAL TESTAMENTARY division applies to the legitime.
- BUT co-ownership terminates when any of
DISPOSITIONS AND
the causes for which partnership is
TESTAMENTARY DISPOSITIONS
dissolved takes place (regardless if
WlTH A TERM prohibited by testator)

Various Kinds of Institution: Art. 873 - Effect of Impossible or Illegal

1) Condition — future or uncertain event, Conditions
or a past event unknown to the parties, - considered as not imposed
upon which the performance of an - the condition is considered void and
obligation depends unwritten but the institution and
testamentary disposition will be the heir shall make some provision in his
considered as valid. will in favor of the testator or of any other
- it is still meaningless, contradictory, or person = VOID
cannot be understood = deemed as
IMPOSSIBLE CONDITION Art. 876 – When must potestative
conditions be imposed
Art. 874 - Absolute condition not to - Any purely potestative condition imposed
contract a first or subsequent marriage upon an heir must be fulfilled by him as
soon as he learns of the testator’s death.
GEN RULE: Considered as not written - shall not apply when the condition, already
EXC: Unless such condition has been complied with, cannot be fulfilled again
imposed on the widow or widower by the:
1) deceased spouse, or “Potestative Condition” - one the
2) by the latter’s ascendants or fulfillment of which depends purely on the
descendants. heir. He must perform it personally.
- justified because of sentimental and - nobody else must do it for him.
economic reasons
- the condition shall only be valid with - when the condition on the part of the
respect to the remarrying spouse’s FREE debtor is potestative and suspensive = both
PORTION and NOT THE LEGITIME the condition and the obligation are void.

“Relative Prohibition” Art. 877 –

- relative prohibition (prohibition to marry a If the condition is casual or
particular girl, or at a particular time, or for a mixed, it shall be sufficient if it happened
number of years) is valid or be fulfilled at any time before or after
EXC: UNLESS it becomes so onerous or the death of the testator, unless he has
burdensome that the “relative” prohibition provided otherwise.
really amounts to an absolute one. Should it have existed or should it
- ex: don’t marry for 60 years; don’t marry in have been fulfilled at the time the will
the Philippines or in Asia was executed and the testator was
unaware thereof, it shall be deemed as
Art. 875 - Disposition Captatoria complied with.
- disposition made upon the condition that If he had knowledge thereof, the
condition shall be considered fulfilled
only when it is of such a nature that it - shall not transmit any right to his own heirs
can no longer exist or be complied with
again. Art. 879 – Caucion Muciana (“Security”)
When the potestative condition imposed
“Casual Condition” - it depends upon upon the heir is negative
chance and/or upon the will of a third - shall comply by giving a security that he
person. will not do or give that which has been
“Mixed Condition” - if it depends partly prohibited by the testator
both upon the will of the heir himself AND - in case of contravention he will return
upon chance and/or the will of a third whatever he may have received, together
person. with its fruits and interests

Effect of Substantial or Constructive Art. 880 - The estate shall be placed

Compliance (“Tried his best”) under administration until:
- sufficient for potestative conditions 1) the condition is fulfilled;
- also sufficient for mixed conditions when 2) until it becomes certain that it cannot be
non-fulfillment is caused by a person fulfilled;
interested in the non-fulfillment. 3) until the arrival of the term

Art. 878 - applicable only for institution of heirs under

- suspensive term does not prevent the suspensive condition or term
instituted heir from acquiring his rights and - suspensive means the doing of a thing
transmitting them to his heirs even before gives rise to a grant of right
the arrival of the term. - “becomes certain that it cannot be fulfilled”
then the administration of the estate will
“Suspensive term” - one that merely also cease, but this time, instead of being
suspends the demandability of a right. It is given to the instituted heir; it will be given to
sure to happen. the legal heirs

What if instituted heir dies after the ----------------------------------------------------------

testator but before the condition is NOTES: (04/10/2021)
fulfilled? - An heir who repudiates or renounces his
- shall not inherit ; deemed as if he has not share can no longer be represented by his
inherited anything at all heirs
Art. 881 - The appointment of the
administrator of 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.

Executor vs. Administrator

1) When there is a will, an executor
appointed in such will takes charge in
carrying out the wishes of the testator.

2) If there is no will, it follows that there can

be no executor, and therefore the Court
appoints an administrator;

3) If there is a will, but no executor has been

named therein, the Court will if necessary
appoint an administrator, but this time he
will be called administrator with a will
 No person is competent to serve as
executor or administrator who:
(a) is a minor;
(b) is not a resident of the Philippines;
(c) is in the opinion of the Court unfit to
execute the duties of the trust by reason of
drunkenness, improvidence, or want of
understanding or integrity, or by reason of
conviction of an offense involving moral
turpitude.

NOTES (10/11/2021)

What if 1st heir predeceases the testator?

Will the fideicomissary substitution still
subsist?
- The agreement would be converted to a
simple substitution and the 2nd heir shall
inherit as a simple substitute

Art. 882 – Modal Institution

The statement of the object of the
annexed; and he will be granted letters of institution, or the application of the
administration with a will annexed. property left by the testator, or the
charge imposed by him, shall not be
4) A special administrator is one appointed considered as a condition unless it
temporarily as administrator pending the appears that such was his intention.
qualification of an executor or the That which has been left in this manner
appointment of an administrator may be claimed at once provided that the
instituted heir or his heirs give security
Qualifications – Executor/Administrator for compliance with the wishes of the
(Sec.1, Rule 78, Rules of Court) testator and for the return of anything he
or they may receive, together with its
fruits and interests, if he or they should When in doubt WON modal institution or
disregard this obligation. conditional ba = it shall be deemed as
modal
(a) object of the institution — Example: I
institute A as my heir to give him enough Art. 883 - Analogous or Substantial
money to obtain a legal education. Compliance
(b) application of the property left by the - an institution referred to in the preceding
testator — Example: I institute B as my heir. article cannot take effect in the exact
He will apply the properties of my estate to manner stated by the testator
the erection of a College of Law in Ortigas - without the fault of the heir
Avenue. - shall be complied with in a manner most
(c) The charge imposed by the testator — analogous to and in conformity with his
Example: I institute A as my heir. He will wishes.
devote 10% of the annual income from my - If the person interested in the condition
buildings for the establishment of a should prevent its fulfillment, without the
professorial chair in Civil Law at the fault of the heir, the condition shall be
University of Metropolis. deemed to have been complied with.

- the modal institution is not a condition (Art. Art. 884 – Suppletory Application
881, 1st par.) but when and if it is violated, - The provisions on conditional obligations
the instituted heir is supposed to forfeit the (Arts. 1179-1190 et seq.) govern matters
inheritance; not provided for by this section.
- THE ONLY THING THAT SETS IT
APART FROM CONDITIONAL Art. 885 – Institutions with a Term
INSTITUTION: the estate is demandable - designation of the day or time when the
right away, provided that a bond is effects of the institution of an heir shall
deposited commence (SUSPENSIVE) or cease
(RESOLUTORY) shall be valid.
Remember: A modal institution must - in the first case he shall not enter into
always be applied to a particular property possession of the property until after having
(Hence, the provision which says: I hereby given sufficient security
institute A. He shall not marry is not a modal - legal heir shall be considered as called to
institution) the succession until the arrival of the period
or its expiration
 certain portion of the inheritance; or he may
Kinds: be referring to the actual property itself.
(a) suspensive term or ex die — effects (d) The testator cannot deprive his
begin from a certain day (Example: compulsory heirs of their legitime, except in
“beginning 2008”) cases expressly specified by law. Neither
(b) resolutory term or in diem — effects can he impose upon the same any burden,
cease on a certain day (Example: “up to encumbrance, condition, or substitution of
2008”) any whatsoever (Art. 904), except, of
(c) ex die in diem — from a certain day to a course, the condition that the property will
certain day (Example: “beginning 2008 until not be divided for a period not exceeding 20
2009”) years.

- While compulsory heirs have a right to the

legitime, they cannot insist that they be paid
in the form of property, whether real or
Sec. 5 - LEGITIME personal, when they are NOT AVAILABLE

Art. 886 – Legitime - Compulsory heirs are never compelled to

- that part of the testator’s property which he accept the legitime — they may accept or

cannot dispose of because the law has reject — for no one can compel another to

reserved it for certain heirs called receive a gift

compulsory heirs.
Right of Completion of Legitime

Purpose: - If some heirs are genuinely interested in

(a) To protect the children and the surviving securing that part of their late father’s

widow or widower from the unjustified anger property which has been reserved for them

or thoughtlessness of the other spouse. - they should simply exercise their actio ad

(b) If there are no compulsory heirs, it supplendam legitiman, or their “right of

follows that there can be no legitime. completion of legitime.’’

(c) Legitime may be received from two

aspects: first as a right; and second, as the Art. 887 – Who are Compulsory Heirs?

property itself. This means that when a (1) Legitimate children and descendants,

person refers to his legitime from his father, with respect to their legitimate parents and

he talks either of the right to succeed to a ascendants;

(2) In default of the foregoing, legitimate PRIMARY COMPULSORY HEIRS
parents and ascendants, with respect to (1) Legitimate and their descendants
their legitimate children and descendants; (legitimate). (See Art. 992.)
(3) The widow or widower; (2) Surviving Spouse (legitimate).
(4) Illegitimate children (3) Illegitimate children and their
(5) Other illegitimate children referred to in descendants (legitimate or illegitimate).
Article 287. (See Art. 902).

Classes of Compulsory Heirs SECONDARY COMPULSORY HEIRS

(a) the primary compulsory heirs (4) legitimate parents and ascendants
(b) the secondary compulsory heirs (legitimate) [NOTE: They inherit only in
(There may be also the concurring DEFAULT of No. (1).].
compulsory heirs as will be explained later.) (5) illegitimate parents (no other
ascendants) [NOTE: They inherit only in
- “Primary forced heirs” are those DEFAULT of Nos. (1) and (3).].
mentioned in Nos. 1, 3, 4, and 5
- “Secondary compulsory heirs” are Brothers and sisters – not compulsory
those mentioned in No. 2 in Art. 887 heirs (as well as strangers)
- Concurring heirs – they are the surviving - but there is nothing wrong in giving them
spouse and the illegitimate children. a share of the inheritance, if the testator so
Regardless of who are present, they will wants provided that the legitimes of the
always inherit. Meaning, they cannot compulsory heirs are not impaired.
exclude each other.
- Surviving spouse is considered a stranger Art. 888 – Legitime of Legitimate
to the estate of his/her parent-in-law Children & Descendants

- ½ of the hereditary estate of father &

- Natural children, who have not been
mother
voluntarily recognized or acknowledged
- latter may freely dispose of the remaining
should be regarded as LEGITIMATED in
half, subject to the rights of illegitimate
case their parents will have a subsequent
children and of the surviving spouse
valid marriage.

Articles of the Civil Code Involving the

Legitimes of Compulsory Heirs
In testamentary succession, the following Art. 900 — Surviving spouse alone.
articles provide for the legitimes of the Art. 901 — Illegitimate children, with no
compulsory heirs if they succeed with or other compulsory heirs.
without the concurrence of other Art. 903 —
compulsory heirs: a) Parents of the illegitimate child who
Art. 888 — Legitimate children and leaves neither legitimate descendants, nor a
descendants. surviving spouse, nor illegitimate children.
Art. 889 — Legitimate parents or b) Parents of the illegitimate child with the
ascendants. surviving spouse. (Comment of the Code
Art. 892 — Commission).
a) One legitimate child or descendant
concurring with the surviving spouse. Art. 889 – Legitime of Parents or
b) Two or more legitimate children or Ascendants
descendants together with the surviving - consists of one-half of the hereditary
spouse. estates of their children and descendants
Art. 893 — Legitimate parents or (plus tungaon pa gyud ang one-half og
ascendants with the surviving kaduha if alive pa both parents)
spouse. - children or descendants may freely
Art. 894 — Illegitimate children with the dispose of the other half, subject to the
surviving spouse. rights of illegitimate children and of the
Art. 895 — Legitimate children or surviving spouse
descendants with natural and other
illegitimate children. Art. 890 –
Art. 896 — Legitimate parents or - legitime reserved for the legitimate parents
ascendants and illegitimate children. shall be divided between them equally
Art. 897 — Surviving spouse with legitimate
children or descendants and natural - if wala na ang parents but survived by
children. ascendants of equal degree of the paternal
Art. 898 — Surviving spouse with legitimate and maternal lines, the legitime shall be
children or descendants and illegitimate divided equally between both lines
children other than natural. - the relative nearest in degree excludes the
Art. 899 — Surviving spouse with legitimate more distant ones
parents or ascendants and illegitimate
children. Art. 891 – Reserva Troncal
- a kind of reservation wherein an - origin must be a LEGITIMATE relative
ascendant inherits from his descendant any because reserva troncal exists only in the
property acquired by gratuitous title from legitimate family.
another ascendant, or a brother or sister - transmission from the origin must be by
- obliged to reserve such property acquired gratuitous title.
by operation of law - While the ORIGIN owns the property,
- for the benefit of relatives who are within there is of course no reserva yet, and
the third degree and who belong to the line therefore, the origin has the perfect right to
from which said property came dispose of it, in any way he wants

Purpose: To keep the property in the family “PROPOSITUS” - the descendant (brother
to which the property belongs.” or sister) whose death gives rise to the
reserva, and from whom therefore the third
Modes of Transmission of Reserva degree is counted.
Troncal - absolute owner of the property, with full
1) Transmission from the ascendant, or half freedom to alienate or encumber.
brother or half sister to the propositus must - must be a legitimate descendant (or
be by gratuitous title. legitimate half-brother or half-sister) of the
2) Transmission from the descendant to the origin of the property.
ascendant should be by operation of law.
“RESERVOR” - the ascendant who
- This means that F owns it only till he dies, inherits from the propositus by “operation of
and at his death, it should NOT go to law.” It is he who has the obligation to
anybody whom he desires, but is reserved reserve
by the law in favor of the relatives of M When there is no obligation to reserve –
- relatives must be within the 3rd degree if reservoir/reservista inherited the property
belonging to the line from which the from the descendant not by legal
property came, to be counted from C. succession nor by virtue of the legitime
- transfer must be by OPERATION OF LAW
(legal succession, or the legitime in the case - reservor’s right is similar to that of a
of testamentary succession). fiduciary; reservor is a full owner, subject to
a resolutory condition - If at reservor’s
Origin of the property death, there should still exist relatives
- must be an ascendant or brother or sister. within the third degree of the propositus,
and belonging to the line from which the Extinguishment of the Reserva –
property came, the reservor’s ownership Grounds
over the property is terminated. 1) Death of the reservor.
2) Death of ALL the would-be reservees
What if the reservoir transferred the AHEAD of the reservor (reservista).
property with prejudice to reserves 3) LOSS of the reservable properties,
(meaning, there are relatives within the third provided the reservor had no fault or
degree who are still living) negligence. (Thus, LOSS must be
- the estate of the reservor must reimburse ACCIDENTAL.)
them for whatever they have lost by virtue of 4) Prescription (as when the reservor or
such donation, sale, or pledge. stranger holds property adversely against
the reservees, as FREE from the reserva).
RESERVEES or RESERVATARIOS (Reservor — 30 years for real; 8 years for
- relatives within the third degree (from the personal property, because of his bad faith).
propositus) who will become the full owners
of the property the moment the reservor Art. 892
dies 1.) If only one legitimate child or
- because of such death, the reserve is descendant of the deceased survives =
extinguished the widow or widower shall be entitled to
- reservees inherit the property from the one-fourth of the hereditary estate
propositus, not from the reservor. (had the 2.) In case of a legal separation = the
propositus so desired it, there would not surviving spouse may inherit if it was the
have been any reserve) deceased who had given cause for the
same.
Who are the relatives within 3rd Degree? 3.) If there are two or more legitimate
- the parents of the propositus (1st degree); children or descendants = the surviving
-the grandparents; full and half-brothers; full spouse shall be entitled to a portion equal
and half-sisters of the propositus (2nd to the legitime of each of the legitimate
degree); children or descendants
- the uncles and aunts by blood; the great
grandparents; and the nephews and nieces If there be no children, but there are, say,
of the propositus (3rd degree) 6 grandchildren
- the share of the surviving spouse should
not be the same as the share of each of
said six descendants, but should be
computed on the number of children which 3.) Legitime of the illegitimate children
said grandchildren are supposed to shall be taken from the portion of the
represent, estate at the free disposal of the testator

Art. 893 - If the testator leaves no - no case shall the total legitime of such
legitimate descendants, but leaves illegitimate children exceed that free portion
legitimate ascendants
- surviving spouse shall have a right to one- - the legitime of the surviving spouse must
fourth of the hereditary estate. be fully satisfied first

Art. 894 - If the testator leaves Art. 896 - Illegitimate children who may
illegitimate children survive with legitimate parents or
- surviving spouse shall be entitled to one- ascendants of the deceased
third of the hereditary estate of the - entitled to one-fourth of the hereditary
deceased and the illegitimate children to estate to be taken from the portion at the
another third free disposal

Free Disposal portion Art. 897 - Surviving Spouse Concurring

- remaining third shall be at the free with Children (legitimate children or
disposal of the testator. descendants, and acknowledged natural
children, or natural children by legal
Art. 895 – fiction)
1.) Legitime of each of the acknowledged - surviving spouse shall be entitled to a
natural children and each of the natural portion equal to the legitime of each of the
children by legal fiction legitimate children
- one-half of the legitime of each of the - taken from the portion at the free disposal
legitimate children or descendants
Art. 898
2.) Legitime of an illegitimate child who 1.) If the widow or widower survives with
is neither an acknowledged natural, nor legitimate children or descendants, and with
a natural child by legal fiction illegitimate children other than
- four-fifths of the legitime of an acknowledged natural, or natural children by
acknowledged natural child. legal fiction
- share of the surviving spouse shall be the Art. 900 - If the only survivor is the
same as Art. 897 widow or widower
- entitled to one-half of the hereditary estate
Rule in Case of Legitimate and of the deceased spouse
Illegitimate Children Surviving Together - testator may freely dispose of the other
half.
(a) First, give the legitimes of the legitimate
children and of the surviving spouse (if any). EXC: If the marriage between the surviving
(b) Secondly, give the legitimes of the spouse and the testator was solemnized in
illegitimate children in proportion to the articulo mortis, and the testator died within
legitime of the legitimate children if estate is three months from the time of the marriage
SUFFICIENT (for in no case should the = 1/3 of the hereditary estate ang share
legitimes of the legitimate children and of sa spouse
the surviving spouse be reduced).
(c) If estate is NOT SUFFICIENT, just give EXC to the EXC : when they have been
whatever remains of the estate to the living as husband and wife for more than
illegitimate children. five years = general rule share applies

Art. 899 - Surviving Spouse Concurring Art. 901 - When the testator dies leaving
with Legitimate Parents or Ascendants illegitimate children and no other
and Illegitimate Children compulsory heirs
- illegitimate children shall have a right to
1.) Share of Surviving Spouse one-half of the hereditary estate
- surviving spouse shall be entitled to one-
eighth of the hereditary estate of the Art. 902 - Transmission of Hereditary
deceased Rights of Illegitimate Children
- taken from the free portion - rights of illegitimate children are
transmitted upon their death to their
2.) Share of Illegitimate Children descendants
- illegitimate children shall be entitled to - right of representation is given both to
one-fourth of the estate which shall be legitimate and illegitimate descendants of
taken also from the disposable portion. illegitimate children.
Art. 903 - Legitime of Illegitimate Parents
as the Only Compulsory Heirs (legitime of
the parents who have an illegitimate child,
when such child leaves neither legitimate
descendants, nor a surviving spouse, nor
illegitimate children)

- one-half of the hereditary estate of such

illegitimate child.
- illegitimate parents are only secondary
compulsory heirs because they inherit their
legitimes only in the absence of the
legitimate or illegitimate children or
descendants of the decedent.

NOTES:
- adoptive parents belong to the category of
legitimate parents/legitimate ascendants
- Surviving spouse is considered a stranger
to the estate of his/her parent-in-law

Start: Art. 904

NOTES : (10/19/2021)
- property cannot be used by the reservor
to pay debts
- only legitimate relatives can benefit from a
reserva truncal

Art. 904 - Testator cannot deprive

his compulsory heirs of their

legitime
EXC: In cases expressly specified by law.

- Neither can he impose upon the same any

burden, encumbrance, condition, or
substitution of any kind whatsoever
- part exclusively reserved for the forced
heirs
- said charge, etc. shall be considered as
not imposed (shall be disregarded/deemed
as not written)
- except of course the prohibition to partition
the inheritance, including the legitime, for a
period not exceeding 20 years.
- The only way to deprive the compulsory Art. 906 – Completion/Satisfaction
heirs of their legitime is by expressly
of Legitime
disinheriting them in a will, wherein the legal
- Any compulsory heir to whom the testator
cause therefor shall be specified.
has left by any title less than the legitime
belonging to him may demand that the
Art. 905 - Every renunciation or
same be fully satisfied
compromise as regards a future legitime
between the person owing it and his
Art. 907 - Reduction of Inofficious
compulsory heirs = VOID
Reason for the law: The right to a future Testamentary Dispositions

legitime is a mere expectancy, an inchoate - Testamentary dispositions that impair or

right regarding future inheritance diminish the legitime of the compulsory
- cannot be made the subject of a contract heirs shall be reduced on petition of the
(it is contrary to public policy) same, insofar as they may be inofficious or
Excessive
- latter may claim the same upon the death - there will not be any annulment of the
of the former institution of heirs (only available in case of
PRETERITION)
Suppose the compromise is made among - “Petition for the Reduction of the Excess”
the compulsory heirs themselves (during - only the compulsory heirs can file this
the lifetime of the testator), would such a action
compromise be valid?
- still not valid Art. 908 - Formula for the
- no contract (and a compromise is indeed a Computation of the Net Hereditary
contract) may be entered into upon future
Estate
inheritance
How Legitime is determined
- the value of the property left at the death
Can there be a renunciation of or
of the testator shall be considered
compromise on present (as
distinguished from future) legitime?
Formula is:
ANS.: Yes. Here the subject matter is no
PROPERTY LEFT (at the time of death)
longer future inheritance.
minus DEBTS and CHARGES (of the
estate) + VALUE OF COLLATIONABLE
DONATIONS = NET HEREDITARY the testator could have disposed by his last
ESTATE. will. (free disposal)
- Charges referred to in Art. 908 which - can be reduced if found inofficious
should be deducted are not the charges
imposed in the will (like legacies) but the Should the value of donations be added
charges which, even without the will, would to the remaining estate in order to find
be demandable. out just how much the net hereditary
- but only chargeable against the FREE estate is?
PORTION ; the legitime cannot be Donations are collationable only when the
impaired ; debts should be taken only from heirs of the deceased are forced heirs and
the estate remaining when it is proven that they prejudice the
- unless the will specifically provides that legitime.”
such property shall be designated for the Conclusion — Donations to strangers
satisfaction of a debt SHOULD BE COLLATED, not as advances
of the legitime — for they are not
- the value of the collationable donations compulsory heirs and have therefore no
should not be the value at the time of the legitime — but as advances of the FREE
collection, but the value at the time the DISPOSAL.
donations were made
Why? This is so because when a donation Art. 910 –
is made, ownership (a real right) is 1.) Donations which an illegitimate child
transferred over the same once the may have received during the lifetime of
donation is accepted his father or mother = charged to his
legitime
Gross estate – assessed by the tax 2.) Should they exceed the portion that
appraiser/accountant can be freely disposed = shall be
- basis is the market value of the reduced
property/assessed valuation/zonal valuation - donations to said illegitimate children are
collationable.
Art. 909 – - donations given to illegitimate children
1.) Donations given to children = charged should never impair the legitime of the
to their legitime. legitimate children.
2.) Donations made to strangers =
charged to that part of the estate of which
Art. 911 – Order of Preference in
1.) If the devise subject to reduction should
the Hereditary Estate / How
consist of real property, which cannot be
Reduction is Made
conveniently divided, it shall go to the
(1) Donations shall be respected as long
devisee if the reduction does not absorb
as the legitime can be covered, reducing
one-half of its value;
or annulling, if necessary, the devises or
legacies made in the will;
Ex. A house worth P2 million was devised to
(2) The reduction of the devises or
X, but because it is excessive, it has to be
legacies shall be pro rata without any
reduced by P800,000. Since the reduction
distinction whatever. If the testator has
does not absorb one-half of its value, the
directed that a certain devise or legacy
house goes to X, but X has to pay the
be paid in preference to others, it shall
compulsory heirs the sum of P800,000.
not suffer any reduction until the latter
have been applied in full to the payment
If the reduction would be to the amount of,
of the legitime.
say, P1.5 million, the compulsory heirs get
(3) If the devise or legacy consists of a
the house, but they have to give to X the
usufruct or life annuity, whose value may
sum of P500,000.
be considered greater than that of the
disposable portion, the compulsory heirs
“Annuity” - refers to a series of equal
may choose between complying with the
payments at fixed intervals deriving from an
testamentary provision and delivering to
original lump-sum investment.
the devisee or legatee the part of the
inheritance of which the testator could
freely dispose.
In relation to Art. 911 ang Art. 912
Art. 913 – If the heirs or devisees do not
Explanation ; What is the order of
choose to avail themselves of the right
payment
granted by the preceding article, any heir
(a) First, give the legitimes.
or devisee who did not have such right
(b) Then the donations inter vivos. (excess
may exercise it
donations)
- the property should be sold at auction at
(c) Then the preferred legacies and devises.
the instance of any of the interested parties,
(d) Then all other devises and legacies pro
and the proceeds will be divided
rata (in case the estate is not sufficient).
accordingly.
 - to punish the ungrateful, the culpable, the
Art. 914 – Free Disposal cruel, the unnatural heir, or an unfaithful

- testator may devise and bequeath the free spouse

portion as he may deem fit

- free portion (really the “free disposal”) may - there is no disinheritance in legal

be the object of a charge, a substitution, or succession (since it must be made thru a

a condition will)

- can be given to the compulsory heirs in - Only compulsory heirs can be

any proportion he may deem fit. disinherited, for they alone are entitled to
the legitime

CHARGE or IMPUTE Donations - brothers and sisters for example, cannot

- a donation to a COMPULSORY HEIR is be the object of any disinheritance

charged or imputed to his legitime; any

excess is imputed to the free disposal - A disinheritance excludes the heir not only
from the legitime but also from the free

- a donation to a STRANGER is charged or portion; in other words, he is completely

imputed to the free disposal; if excessive — excluded from the inheritance.

reduce.
Art. 916 - Disinheritance can be effected
only through a will wherein the legal
Section 16 –
cause therefor shall be specified.
DISINHERITANCE
Requisites for a Valid Disinheritance
Art. 915 - A compulsory heir may, in
(a) Must be made in a valid will.
consequence of disinheritance, be deprived
(b) Must be made expressly (See Art. 918)
of his legitime = only under causes
(thus, disinheritance is NOT presumed).
expressly provided by law
(c) Must be for a LEGAL CAUSE. (Art. 916).
(The cause must be one authorized by law;
“Disinheritance” - the process or act, thru
hence, even if graver than those set forth in
a testamentary disposition of depriving in a
the law, if it be not one of those
will any compulsory heir of his legitime for
enumerated, the disinheritance will be
true and lawful causes.
ineffective.) (Art. 918; 6 Manresa 620).
(d) Must be for a TRUE CAUSE. (Arts. 917
Purpose: The purpose of disinheritance is
and 918).
not vengeance BUT RETRIBUTION
(e) Must be for an EXISTING CAUSE case of predecease or incapacity, his own
therefore, there can be no conditional or heirs may inherit by representing him).
preventive disinheritance; although the
REVOCATION of a DISINHERITANCE may (b) In case the liabilities of the estate
be conditional. (6 Manresa 623). EQUAL or EXCEED its assets, there would
(f) Must be TOTAL or COMPLETE (not be no hereditary estate, and consequently,
partial). no legitime.
(g) The cause must be STATED in the WILL
itself (Art. 918). (Although the exact words Art. 917 - Burden of Proving the
of the law need not be used [14 Scaevola
Truth of the Cause for
871] nor details given, nor is it essential that
Disinheritance
the statement of the fact of disinheritance
- shall rest upon the other heirs of the
and the statement of the cause be made
testator, if the disinherited heir should deny
together in one will or instrument as long as
it
a necessary connection is proved. [6
- asked the judge to have B declared as
Manresa 621].
disinherited (motion for judicial declaration)
Neither is it essential that the disinheritance
- B filed his opposition to the motion of the
be made in the same instrument by which
executor,
the testator provides for the disposition of
his properties mortis causa, for the law
merely says “a will,” meaning “any will”). Art. 918 – Ineffective

(Merza v. Paras, L-4888, May 25, 1953). Disinheritance

(h) The heir disinherited must be clearly Three cases when the disinheritance is
identified, so that there will be no doubt as considered invalid or ineffective or illegal:
to who is really being disinherited. (6 (a) without giving the cause (NO CAUSE
Manresa 623). STATED)
(i) The will must not have been revoked — (b) a cause denied by the heir concerned
at least insofar as the disinheritance is and not proved by the instituted heir (NOT
concerned. (6 Sanchez Roman 1106). TRUE CAUSE)
(c) a cause not given in the law (NOT
Other conceivable ways in which a LEGAL CAUSE)
compulsory heir is deprived:
(a) In case of PREDECEASE, Effects of Ineffective Disinheritance
INCAPACITY, REPUDIATION (of course, in
(a) The institution of heirs is annulled but 5. may be VALID — when all the
only insofar as it may prejudice the person requirements of the law are followed.
disinherited, that is, insofar as the legitime
of said heir is impaired. Art. 919 – Sufficient Causes for
(b) The devises, legacies, and other Disinheritance
testamentary dispositions shall be valid to NOTE: For the disinheritance of children
such extent as will not impair the legitime. and descendants, legitimate as well as
illegitimate:
Preterition vs. VALID Disinheritance (1) When a child or descendant has been
found guilty of an attempt against the life of
Preterition the testator, his or her spouse,
1. the omission may be either intentional or descendants, or ascendants;
unintentional (thus, it is an implied - there should be a final judgment of
deprivation) conviction by a court of justice (however,
2. may be with cause or without cause this judgment may come before or after the
3. preterition annuls the institution; therefore execution of the will)
the omitted heir inherits (2) When a child or descendant has
4. may exist with or without a will (as when accused the testator of a crime for which the
everything has been given to only one of the law prescribes imprisonment for six years or
compulsory heirs by way of donation inter more, if the accusation has been found
vivos). groundless;
5. the institution is always VOID — except (3) When a child or descendant has been
when the preterited heir predeceases the convicted of adultery or concubinage with
testator. the spouse of the testator;
(4) When a child or descendant by fraud,
VALID Disinheritance violence, intimidation, or undue influence
1. disinheritance is always intentional (thus, causes the testator to make a will or to
it is an express deprivation) change one already made;
2. cause must always be stated in the will; (5) A refusal without justifiable cause to
must be true and legal support the parent or ascendant who
3. the disinherited heir inherits NOTHING disinherits such child or descendant;
(either by way of legitime, or by way of free - No judicial demand is needed for the law
portion) does not require this
4. a will is always required
(6) Maltreatment of the testator by word or more, if the accusation has been found to
deed, by the child or descendant; be false;
- maltreatment by word (slanderous words, (4) When the parent or ascendant has been
offensive language) convicted of adultery or concubinage with
- If the maltreatment in the form of gross the spouse of the testator;
disrespect and raising of the hand against a (5) When the parent or ascendant by fraud,
grandfather was caused by a child of tender violence, intimidation, or undue influence
years (14) and who a little later became causes the testator to make a will or to
insane, this would not be sufficient cause for change one already made;
disinheritance. (6) The loss of parental authority for causes
(7) When a child or descendant leads a specified in this Code;
dishonorable or disgraceful life; - Parental authority terminates:
(8) Conviction of a crime which carries with a) upon the death of the parents (Art. 228,
it the penalty of civil interdiction. id.) or of the child (Art. 228, id.);
- Civil interdiction is given as an accessory b) upon emancipation;
penalty to: c) adoption of the child;
(1) death (if commuted) d) upon the appointment of a general
(2) reclusion perpetua guardian (Art. 228, id.);
(3) reclusion temporal e) upon judicial declaration of abandonment
of the child in a case fi led for the purpose
Art. 920 - Disinheritance of parents or (Art. 229, id.);
ascendants, whether legitimate or f) upon final judgment of a competent court
illegitimate: divesting the party concerned of parental
(1) When the parents have abandoned their authority (Art. 229, id.);
children or induced their daughters to live a g) upon judicial declaration of absence or
corrupt or immoral life, or attempted against incapacity of the person exercising parental
their virtue; authority. (Art. 229, id.).
(2) When the parent or ascendant has been (7) The refusal to support the children or
convicted of an attempt against the life of descendants without justifiable cause;
the testator, his or her spouse, (8) An attempt by one of the parents against
descendants, or ascendants; the life of the other, unless there has been a
(3) When the parent or ascendant has reconciliation between them.
accused the testator of a crime for which the - does not require a conviction by final
law prescribes imprisonment for six years or judgment.
Art. 921 - Sufficient causes for - A subsequent reconciliation between the
disinheriting a spouse: offender and the offended person:
(1) When the spouse has been convicted of 1.) deprives the latter of the right to
an attempt against the life of the testator, disinherit, and
his or her descendants, or ascendants; 2.) renders ineffectual any disinheritance
(2) When the spouse has accused the that may have been made
testator of a crime for which the law
prescribes imprisonment for six years or Characteristics:
more, and the accusation has been found to - needs no special form; therefore it may be
be false; express or implied
(3) When the spouse by fraud, violence, - implied or presumed reconciliation if the
intimidation, or undue influence causes the parties live again in the same house
testator to make a will or to change one
already made; No reconciliation in the following
(4) When the spouse has given cause for instances:
legal separation; 1) A general pardon usually given at the
(5) When the spouse has given grounds for hour of death to all who may have, in some
the loss of parental authority; way or another, offended the testator,
(6) Unjustifiable refusal to support the unless there really be a removal of hurt
children or the other spouse. feelings. (6 Manresa 647).
2) A pardon not accepted by the disinherited
- A decree of legal separation is not heir. (6 Manresa 647).
essential nor is a final judgment in a criminal 3) A pardon which does not specify the heir
case required concerned nor the act which had been
- If there is ALREADY a legal separation committed. (6 Manresa 647).
decree before the execution of the will, 4) A pardon given by testator in the very
disinheritance is SUPERFLUOUS, for this in same will wherein he provides for the
effect would be denying the guilty spouse of disinheritance. Here, there cannot be said to
a right NOT possessed be a reconciliation, and restoration to the
status quo; there only is a sort of moral
Art. 922 – “Reconciliation” force or spiritual influence which forgives in
- the mutual restoration of feelings to the the name of morality.
status quo; resumption of friendly relations
- If the cause of unworthiness was made a 1) IF the disinherited person had been
ground for disinheritance and there is a given any legacy, devise, or part of the
reconciliation, Art. 922 will govern, and NOT free disposal, same will go to the
Art. 1033. substitutes
- the mere fact of reconciliation extinguishes 2) If not, to the other heirs, legacies,
the unworthiness and NO written document devisees by way of accretion
is needed for a condonation. 3) If not, to legal heirs by way of intestacy

Disinheritance is revoked by:

(a) subsequent reconciliation; Section 7
(b) the making of a new will making the
LEGACIES AND DEVISES
disinherited heir an instituted heir.

Art. 924 - All things and rights which are

PIR :
within the commerce of man may be
predecease, incapacitated, repudiate
bequeathed or devised.

Legacy vs. Devise

Art. 923 - Representation of the
1.) A legacy is “bequeathed”; while a devise
Disinherited Heir
is “devised.”
- The children and descendants of the
2.) Legacy defined — it is a gift of personal
person disinherited shall take his or her
property given in a will.
place
Devise defined — it is a gift of real property
- shall preserve the rights of compulsory
given in a will.
heirs with respect to the legitime
- The law says “the children and
Things within the commerce of man are
descendants of the person disinherited.”
those:
(Art. 923) ; phrase refers only to a
(1) bought and sold, exchanged, donated
disinherited child or disinherited
(2) transferred from one person to another
descendant. Thus, neither a disinherited
(3) subject to appropriation by man (6
spouse nor a disinherited parent may be
Manresa 674), and should, therefore,
represented
exclude such things as res nullius or
- the right of representation extends only to
property of public dominion such as public
the legitime.
roads.
Art. 925 Sub-Legacies/Sub-Devises is a sub-legacy, having been imposed upon
A testator may charge with legacies and L.].
devises not only his compulsory heirs
but also the legatees and devisees. Art. 926 - When the testator charges one
of the heirs with a legacy or devise
Who Has the Duty of Giving the Legacies (charged with a sub-legacy/devise) = he
and Devises? alone shall be bound.
- As a general rule, if no one is charged with - Should he not charge anyone in
this duty, it is the estate which must give the particular = all shall be liable in the same
legacies and devises. proportion in which they may inherit.
- The estate is of course represented by the
executor, or the administrator with a will - Compulsory heirs charged with a sub-
annexed. legacy are liable only in proportion to their
institution to the free disposal.
Classification of Legacies and Devises
According to the Person or Institution
Burdened (Given the Duty of Giving) Art. 927 - Solidary Liability of Heirs
(a) Legacy proper — when the estate has
Who Take Possession
the duty to give the legacy.
- If two or more heirs take possession of the
(b) Pre-legacy — when the duty is given to
estate, they shall be solidarily liable for the
the estate but the gift is given to a specific
loss or destruction of a thing devised or
heir or legatee.
bequeathed, even though only one of them
should have been negligent
Examples:
(a) duty is on the HEIR
Art. 928 - The heir who is bound to
“I hereby institute my only child C as heir.
deliver the legacy or devise shall be
However, he must give a car worth
liable in case of eviction, if the thing is
P400,000 to L.” (The legacy of the car is
indeterminate and is indicated only by its
called a sub-legacy.)
kind.
(b) duty is on the LEGATEE or DEVISEE
“I hereby give my car to L, but I want L to
Art. 929 – Grant of a Part Interest
give P500,000 to X.”
GR : If the testator, heir, or legatee owns
- The legacy of the car to L is an ordinary
only a part of, or an interest in the thing
legacy; but the legacy of the P500,000 to X
bequeathed, the legacy or devise shall be - an ineffectively disinherited heir MAY BE
understood limited to such part or interest REPRESENTED by his/her heirs
EXC: Unless the testator expressly declares - a disinherited heir may also be
that he gives the thing in its entirety represented by heirs
- HOWEVER, there shall be NO RIGHT OF
Example of how the exception can be REPRESENTATION in the ascending line
applied — The testator in his will said: (parents, grandparents etc.)
“Even if I own only half of the house at 100 - Ang SS/IC is ¼ of 1LC if usa ra ka LC ni
Cambridge, Forbes Park, Makati City, Metro inherit
Manila, I hereby give the whole house to D.”
Art. 933
What To Reimburse
Art. 930 - The legacy or devise of a thing In proper cases for reimbursement, the
belonging to another person is void, if following should be reimbursed:
the testator erroneously believed that the (a) if thru a sale — the price paid therefor
thing pertained to him. (b) if thru barter — the value of the thing
EXC : Afterwards becomes his, by whatever exchanged
title, the disposition shall take effect. (c) if thru an onerous donation — the value
of the burden imposed
- If the gift really does not belong to the
testator, the law presumes that the testator Art. 934
was ignorant of his non-ownership. (thus, The estate need not free the property given
VOID) from:
(a) easements
(b) usufructs
Art. 931 - When Testator Orders the
(c) leases which are real rights
Acquisition
(d) leases which are in the nature of
personal rights
---------------------------------------------------------
(e) any other charge, perpetual or
NOTES (10/26/2021)
temporary, with which the thing bequeathed
or devised is burdened
In whose perspective should “dishonorable
life/act” be based on:
Last discussed : Art . 959
- assignment ra tomorrow, no class
Art. 960. Legal or intestate succession estate (except insofar as there are legacies
takes place: and devises which are not inofficious).
(1) If a person dies without a will, or with a
void will, or one which has subsequently lost (b) If the proceeding is an ordinary civil
its validity; action to annul the partition already made
(2) When the will does not institute an heir by the other heirs of certain properties, the
to, or dispose of all the property belonging action cannot be converted into an intestate
to the testator. In such case, legal proceeding
succession shall take place only with - In the ordinary civil action, the authority of
respect to the property of which the testator the court is limited to the properties
has not disposed; described in the pleadings, hence, it cannot
(3) If the suspensive condition attached to order the collation and partition of properties
the institution of heir does not happen or is which were not included in the partition
not fulfilled, or if the heir dies before the
testator, or repudiates the inheritance, there Art. 961 - Who Inherits in Default of
being no substitution, and no right of Testamentary Heirs
accretion takes place; - in the legitimate and illegitimate relatives
(4) When the heir instituted is incapable of of the deceased, in the surviving spouse,
succeeding, except in cases provided in this and in the State
Code.
May intestate heirs be disinherited?
“Legal Succession” – kind of succession (a) If the intestate heirs are also compulsory
prescribed by law heirs (e.g., legitimate children) — YES.
- takes place when the expressed will of the (b) If the intestate heirs are NOT
decedent has not been set down in a will. compulsory heirs (e.g., brothers) — NO.
- law tries to follow the presumed will of the (more like no need) However, such intestate
decedent. heirs may be excluded, expressly or
impliedly.
Does Preterition Convert a Court
Proceeding into an Intestate - The State, as legal heir, must never be
Proceeding? excluded expressly
(a) If the proceeding is a TESTATE - When a person is excluded, it is he alone
proceeding, the same is converted into a who is excluded and not his own
proceeding for the settlement of an intestate descendants or other heirs.
- Express exclusion of one intestate heir The former unites the head of the family
makes the property go to the heirs of the with those who descend from him.
same degree, The latter binds a person with those from
whom he descends.
Art. 962 - The relative nearest in degree
excludes the more distant ones, saving the Art. 966. In the line, as many degrees are
right of representation when it properly counted as there are generations or
takes place. persons, excluding the progenitor.
- Relatives in the same degree shall inherit In the direct line, ascent is made to the
in equal shares common ancestor.
- the direct line is preferred over the Thus, the child is one degree removed
collateral line. from the parent, two from the
grandfather, and three from the great-
Subsection 1. — RELATIONSHIP grandparent.
In the collateral line, ascent is made to
Art. 963 - Proximity of relationship is the common ancestor and then descent
determined by the number of is made to the person with whom the
generations. Each generation forms a computation is to be made. Thus, a
degree. person is two degrees removed from his
brother, three from his uncle, who is the
Art. 964. A series of degrees forms a line, brother of his father, four from his first
which may be either direct or collateral. cousin, and so forth.

A direct line - constituted by the series of Art. 967. Full blood relationship is that
degrees among ascendants and existing between persons who have the
descendants. same father and the same mother.

A collateral line - constituted by the series Half blood relationship is that existing
of degrees among persons who are not between persons who have the same
ascendants and descendants, but who father, but not the same mother, or the
come from a common ancestor. same mother, but not the same father.

Art. 965. The direct line is either Art. 968. If there are several relatives of
descending or ascending. the same degree, and one or some of
them are unwilling or incapacitated to There is no right to represent a voluntary
succeed, his portion shall accrue to the heir. The legitime can be received by
others of the same degree, save the right representation, for after all, it goes to the
of representation when it should take heirs by operation of law.
place.
- EXC: No right of representation in case of Art. 971. The representative is called to
repudiation the succession by the law and not by the
person represented. The representative
Art. 969. If the inheritance should be does not succeed the person
repudiated by the nearest relative, should represented but the one whom the
there be one only, or by all the nearest person represented would have
relatives called by law to succeed, should succeeded.
there be several, those of the following - Property received by representation
degree shall inherit in their own right and cannot be taken by or be held responsible
cannot represent the person or persons for the debts of the person represented.
repudiating the inheritance.
Art. 972. The right of representation
takes place in the direct descending line,
Subsection 2. — RIGHT OF but never in the ascending.
REPRESENTATION In the collateral line, it takes place only
Art. 970 - Representation is a right created in favor of the children of brothers or
by fiction of law, by virtue of which the sisters, whether they be of the full or half
representative is raised to the place and the blood.
degree of the person represented, and
acquires the rights which the latter would Art. 973. In order that representation may
have if he were living or if he could have take place, it is necessary that the
inherited. representative himself be capable of
succeeding / inheriting the decedent.
(a) In intestate succession, the right of
representation when proper covers all that Art. 974 – Inheritance Per Stirpes
the person being represented would have - Whenever there is succession by
inherited. representation, the division of the estate
(b) In testate succession, the right of shall be made per stirpes, in such
representation covers only the legitime. manner that the representative or
representatives shall not inherit more Art. 978. Succession pertains, in the first
than what the person they represent place, to the descending direct line.
would inherit, if he were living or could (a) descends (descendants)
inherit. (b) ascends (ascendants)
- means inheritance by group, all those (c) then spreads (collaterals)
within the group inheriting in equal shares. Thus, the descendants are preferred.

2 Ways of Inheriting: Order of Intestate Succession to the

(a) per stirpes or per capita Estate of a Legitimate Child:
(b) by representation or by one’s own right. (a) Legitimate children and their legitimate
descendants. (Art. 979).
Art. 975 - When children of one or more (b) Legitimate parents and other legitimate
brothers or sisters of the deceased ascendants. (Art. 986).
survive, they shall inherit from the latter (c) Illegitimate children and their
by representation, if they survive with descendants, whether legitimate or
their uncles or aunts. But if they alone illegitimate. (Arts. 988, 990 and 992).
survive, they shall inherit in equal (d) Surviving spouse, without prejudice to
portions. the rights of brothers and sisters, nephews
and nieces should there be any. (Art. 995).
Art. 976. A person may represent him (e) Collateral relatives up to the 5th degree
whose inheritance he has renounced. of relationship. (Art. 1011).
(f) The State. (Art. 1011).
Art. 977. Heirs who repudiate their share
may not be represented. Art. 979. Legitimate children and their
Principle — A RENOUNCER MAY descendants succeed the parents and other
REPRESENT (Art. 976) BUT MAY NOT BE ascendants, without distinction as to sex or
REPRESENTED. (Art. 977). age
- even if they should come from different
marriages.
Section 2 - An adopted child succeeds to the property
ORDER OF INTESTATE SUCCESSION of the adopting parents in the same manner
Subsection 1. — DESCENDING DIRECT as a legitimate child.
LINE
- If the adopter is survived by legitimate - When all the children repudiate, there is no
parents or ascendants, and by an adopted right of representation; and therefore the
person, the latter shall not have more grandchildren inherit in their own right, per
successional rights than an acknowledged capita and in equal portions
natural child.
Art. 983. If illegitimate children survive
- The term “legitimate” includes with legitimate children, the shares of
“legitimated.” Children who are legitimated the former shall be in the proportions
by subsequent marriage shall enjoy the prescribed by Article 895.
same rights as legitimate children - to be taken only from the half, which is the
free portion.
Art. 980. The children of the deceased
shall always inherit from him in their own (a) Follow the proportion of 10-5 (10 for
right, dividing the inheritance in equal every legitimate child, 5 for every illegitimate
shares. child), PROVIDED that the legitime of the
legitimate children is NOT IMPAIRED.
Art. 981. Should children of the deceased (b) Otherwise, give the legitime of the
and descendants of other children who legitimate children first, then whatever is left
are dead, survive, the former shall inherit is given to the illegitimate children.
in their own right, and the latter by right
of representation. Art. 984. In case of the death of an
- also applies to cases of INCAPACITY adopted child, leaving no children or
descendants, his parents and relatives
Art. 982. The grandchildren and other by consanguinity and not by adoption,
descendants shall inherit by right of shall be his legal heirs.
representation, and if any one of them
should have died, leaving several heirs, Subsection 2. —
the portion pertaining to him shall be ASCENDING DIRECT LINE
divided among the latter in equal
portions. Art. 985. In default of legitimate children
- When the children are all dead, the and descendants of the deceased, his
grandchildren inherit by right of parents and ascendants shall inherit
representation (Art. 982), provided that from him, to the exclusion of collateral
representation is proper. relatives.
 their own right and the latter by right of
Art. 986. The father and mother, if living, representation.
shall inherit in equal shares.
Should only one of them survive, he or Art. 990. The hereditary rights granted by
she shall succeed to the entire estate of the two preceding articles to illegitimate
the child. children shall be transmitted upon their
death to their descendants, who shall
Art. 987. In default of the father and inherit by right of representation from
mother, the ascendants nearest in their deceased grandparent.
degree shall inherit.
Should there be more than one of equal - “Descendants” as used in Art. 990 refers
degree belonging to the same line they to legitimate or illegitimate descendants.
shall divide the inheritance per capita;
should they be of different lines but of ----------------------------------------------------------
equal degree, one-half shall go to the -
paternal and the other half to the NOTES :
maternal ascendants. In each line the
division shall be made per capita. An intestate heir is not necessarily a
compulsory heirs
“Per capita” – equal distribution - 1, 2, 3, 4 can be validly disinherited
- collateral relatives and the State cannot be
Subsection 3. — ILLEGITIMATE the subject of disinheritance because they
CHILDREN are NOT COMPULSORY HEIRS

Art. 988. In the absence of legitimate Art. 969 vs. Art. 1018
descendants or ascendants, the - 969 cannot be applied if there are several
illegitimate children shall succeed to the heirs and not all heirs can repudiate
entire estate of the deceased. - if there are several heirs and there are one
or some who repudiates, Art. 1018 applies –
Art. 989. If, together with illegitimate share shall go down to other co-heirs by
children, there should survive way of ACCRETION
descendants of another illegitimate child
who is dead, the former shall succeed in Limitations on the Right to Represent
Right to represent is only available if the
pne who represents is ONE DEGREE
APART from the person being represented
- The legitime of the IC shall be 1/2 of the (c) Survivors: brothers, sisters, nephews,
legitime of the LC and nieces – 1/2 gihapon

Art. 992 – Illegitimate child cannot inherit Subsection 4. — SURVIVING SPOUSE

from brother; vice versa because of the Art. 995. In the absence of legitimate
legal barrier descendants and ascendants, and
illegitimate children and their
Art. 993 - Inheritance by the Illegitimate descendants, whether legitimate or
Parents illegitimate, the surviving spouse shall
- If an illegitimate child should die without inherit the entire estate, without
issue, either legitimate or illegitimate, his prejudice to the rights of brothers and
father or mother shall succeed to his entire sisters, nephews and nieces, should
estate there be any, under Article 1001.
- shall inherit on share and share alike
- filiation must be proven Art. 996. If a widow or widower and
legitimate children or descendants are
Art. 994. In default of the father or left, the surviving spouse has in the
mother, an illegitimate child shall be succession the same share as that of
succeeded by his or her surviving each of the children.
spouse, who shall be entitled to the
entire estate. If the widow or widower Art. 997. When the widow or widower
should survive with brothers and sisters, survives with legitimate parents or
nephews and nieces, she or he shall ascendants, the surviving spouse shall
inherit one-half of the estate, and the be entitled to one-half of the estate, and
latter the other half. the legitimate parents or ascendants to
the other half.
Intestate Shares of Surviving Spouse
(a) Survivor: surviving spouse only — ALL Art. 998. If a widow or widower survives
(b) Survivors: surviving spouse, brothers, with illegitimate children, such widow or
sisters (the illegitimate brothers and sisters) widower shall be entitled to one-half of
— 1/2 the inheritance, and the illegitimate
[NOTE: If there are nephews and nieces children or their descendants, whether
who concur with the brothers or sisters, the legitimate or illegitimate, to the other
former inherit by right of representation.]. half.
Art. 999. When the widow or widower deceased in accordance with the
survives with legitimate children or their following articles.
descendants and illegitimate children or
their descendants, whether legitimate or Art. 1004. Should the only survivors be
illegitimate, such widow or widower shall brothers and sisters of the full blood,
be entitled to the same share as that of a they shall inherit in equal shares.
legitimate child.
Art. 1005. Should brothers and sisters
Art. 1000 - survive together with nephews and
Here, three classes are surviving: nieces, who are the children of the
(a) Legitimate ascendants — 1/2 decedent’s brothers and sisters of the
(b) Surviving spouse — 1/4 full blood, the former shall inherit per
(c) Illegitimate children — 1/4 capita, and the latter per stirpes.

Art. 1001 Art. 1006. Should brothers and sisters of

(a) Surviving spouse — 1/2 the full blood survive together with
(b) Brothers and sisters (and their children) brothers and sisters of the half blood,
—½ the former shall be entitled to a share
double that of the latter.
Art. 1002. In case of a legal separation, if
the surviving spouse gave cause for the Art. 1007. In case brothers and sisters of
separation, he or she shall not have any the half blood, some on the father’s and
of the rights granted in the preceding some on the mother’s side, are the only
articles. survivors, all shall inherit in equal shares
- EXC: Reconciliation without distinction as to the origin of the
property.
Subsection 5. — COLLATERAL
RELATIVES Art. 1009. – Other Collateral Relatives
Should there be neither brothers nor
Art. 1003. If there are no descendants, sisters nor children of brothers or
ascendants, illegitimate children, or a sisters, the other collateral relatives shall
surviving spouse, the collateral relatives succeed to the estate.
shall succeed to the entire estate of the
The latter shall succeed without municipalities or cities, respectively, in
distinction of lines or preference among which the same is situated.
them by reason of relationship by the
whole blood. If the deceased never resided in the
- Children of first cousins are not entitled to Philippines, the whole estate shall be
represent. Therefore, if first cousins (4th assigned to the respective municipalities
degree) concur with children, of or cities where the same is located.
predeceased or incapacitated first cousins,
said children do not inherit even if they Such estate shall be for the benefit of
belong to the fifth degree. The nearer (4th public schools, and public charitable
degree relatives) excludes the farther (5th institutions and centers, in such
degree relatives). municipalities or cities. The court shall
distribute the estate as the respective
- right of representation in the collateral line needs of each beneficiary may warrant.
does not extend to grandnephews and
grandnieces. The court, at the instance of an
interested party, or on its own motion,
Art. 1010. The right to inherit ab intestato may order the establishment of a
shall not extend beyond the fifth degree permanent trust, so that only the income
of relationship in the collateral line. from the property shall be used.

Art. 1014 - Rule If Legal Heir Files a

Subsection 6. — THE STATE Claim
Art. 1011. In default of persons entitled - If a person legally entitled to the estate of
to succeed in accordance with the the deceased appears and files a claim
provisions of the preceding Sections the thereto with the court within five years
State shall inherit the whole estate. from the date the property was delivered to
the State, such person shall be entitled to
Art. 1013. After the payment of debts and the possession of the same
charges, the personal property shall be - or if sold, the municipality or city shall be
assigned to the municipality or city accountable to him for such part of the
where the deceased last resided in the proceeds as may not have been lawfully
Philippines, and the real estate to the spent.
 Section 1 (b) plurality of subjects (two or more to
RIGHT OF ACCRETION inherit ordinarily w/ respect to a pro-indiviso
share
Art. 1015. Accretion is a right by virtue of (c) vacant portion example — repudiation of
which, when two or more persons are his share by one of those called to inherit
called to the same inheritance, devise or (d) acceptance (of the portion accruing —
legacy, the part assigned to the one who by the person entitled)
renounces, or cannot receive his share,
or who died before the testator, is added - there is no accretion via predecease in
or incorporated to that of his co-heirs, intestate succession BECAUSE THERE IS
co-devisees, or co-legatees. NO FREE PORTION

Other instances: Art. 1017 – Non-Earmarking

1) If a suspensive condition is not fulfi lled - The words “one-half for each” or “in equal
(this is a form of “incapacity”). shares” or any others which, though
2) if there is failure to identify one particular designating an aliquot part, do not identify it
heir, devisee, or legatee by such description as shall make each heir
the exclusive owner of determinate
How Accretion May be Avoided property, shall not exclude the right of
Accretion, which follows the decedent’s accretion.
implied desires may be avoided by the - In case of money or fungible goods, if the
deceased himself — share of each heir is not earmarked, there
(a) By expressly designating a substitute shall be a right of accretion.
(naturally, the express desire is superior to
the implied desire). Rules —
(b) By expressly providing that although (a) if EARMARKED — no accretion
accretion may take place, still he does not (b) if not earmarked — there can be
want accretion to occur, that is, he desires accretion
no accretion in favor of those who ordinarily
would be entitled to it. Art. 1018. In legal / intestate succession,
the share of the person who repudiates
Requisites for Accretion the inheritance shall always accrue to
(a) unity of object (one inheritance) his co-heirs.
Art. 1019. - Proportional Sharing of Art. 1024. Persons not incapacitated by
Property Received by Accretion law may succeed by will or ab intestato.
- The heirs to whom the portion goes by the The provisions relating to incapacity by
right of accretion take it in the same will are equally applicable to intestate
proportion that they inherit. succession.

Art. 1021. Among the compulsory heirs “Capacity to succeed” - the ability to
the right of accretion shall take place inherit and retain property obtained mortis
only when the free portion is left to two causa.
or more of them, or to any one of them “Person” – may refer to both natural &
and to a stranger. juridical

Should the part repudiated be the Kinds of Incapacity to Succeed

legitime, the other co-heirs shall succeed (a) ABSOLUTE — (can never inherit from
to it in their own right, and not by the anybody regardless of circumstances)
right of accretion. (b) RELATIVE — (cannot inherit only from
certain persons or certain properties, but
Art. 1022 – “ISRAI” can inherit from others or certain other
- In testamentary succession, when the right properties)
of accretion does not take place, the vacant
portion of the instituted heirs, if no substitute NOTE: There are three kinds of relative
has been designated, shall pass to the incapacity:
legal heirs of the testator, who shall 1) because of possible undue influence.
receive it with the same charges and (Art. 1027).
obligations. 2) because of public policy and morality.
(Art. 1028 read
Art. 1023. Accretion shall also take place together with Art. 739).
among devisees, legatees and 3) because of unworthiness. (Art. 1032).
usufructuaries under the same
conditions established for heirs. Art. 1025.
GR: In order to be capacitated to inherit,
Section 2 the heir, devisee or legatee must be
CAPACITY TO SUCCEED BY WILL OR living at the moment the succession
BY INTESTACY opens,
Except: In case of representation, when it is before the final accounts of the
proper. guardianship have been approved, even if
the testator should die after the approval
A child already conceived at the time of thereof;
the death of the decedent is capable of EXC: any provision made by the ward in
succeeding provided it be born later favor of the guardian when the latter is his
under the conditions prescribed in ascendant, descendant, brother, sister, or
Article 41. spouse, shall be valid;
- the foetus is considered born if it is alive at - guardian referred to may be the guardian
the time it is completely delivered from the of the person or of the property since both
mother’s womb. can exercise undue influence.
- However, if the foetus had an intra-uterine
life of less than seven months, it is not (4) Any attesting witness to the execution of
deemed born if it dies within twenty-four a will, the spouse, parents, or children, or
hours after its complete delivery from the any one claiming under such witness,
maternal womb. spouse, parents, or children;

Art. 1027. The following are incapable of (5) Any physician, surgeon, nurse, health
succeeding: officer or druggist who took care of the
(1) The priest who heard the confession of testator during his last illness;
the testator during his last illness, or
minister of the gospel who extended (6) Individuals, associations and
spiritual aid to him during the same period; corporations not permitted by law to inherit.

(2) The relatives of such priest or (4) Any attesting witness to the execution of
minister of the gospel within the fourth a will, the spouse, parents, or children, or
degree, the church, order, chapter, any one claiming under such witness,
community, organization, or institution spouse, parents, or children;
to which such priest or minister may
belong; Art. 1030. Testamentary provisions in favor
-relatives here are those by consanguinity of the poor in general, without designation
of particular persons or of any community,
(3) A guardian with respect to testamentary shall be deemed limited to the poor living in
dispositions given by a ward in his favor
the domicile of the testator at the time of his corrupt or immoral life, or attempted against
death, unless it should clearly appear that their virtue;
his intention was otherwise. (2) Any person who has been convicted of
The designation of the persons who an attempt against the life of the testator,
are to be considered as poor and the his or her spouse, descendants, or
distribution of the property shall be made by ascendants;
the person appointed by the testator for the (3) Any person who has accused the
purpose; in default of such person, by the testator of a crime for which the law
executor; and should there be no executor, prescribes imprisonment for six years or
by the justice of the peace, the mayor, and more, if the accusation has been found
the municipal treasurer, who shall decide by groundless;
a majority of votes all questions that may (4) Any heir of full age who, having
arise. In all these cases, the approval of the knowledge of the violent death of the
Court of First Instance shall be necessary. testator, should fail to report it to an officer
of the law within a month, unless the
Art. 1031 - Dispositions in Favor of a authorities have already taken action; this
Disqualified Person prohibition shall not apply to cases wherein,
A testamentary provision in favor of a according to law, there is no obligation to
disqualified person, even though made make an accusation;
under the guise of an onerous contract, or (5) Any person convicted of adultery or
made through an intermediary, shall be concubinage with the spouse of the testator;
void. (6) Any person who by fraud, violence,
- one incapacitated either absolutely, or by intimidation, or undue influence should
reason of possible undue influence (Art. cause the testator to make a will or to
1027), or by reason of morality. (Art. change one already made;
1028).]. (7) Any person who by the same means
prevents another from making a will, or from
Art. 1032. - Incapacity by Reason of revoking one already made, or who
Unworthiness supplants, conceals, or alters the latter’s
The following are incapable of succeeding will;
by reason of unworthiness: (8) Any person who falsifies or forges a
(1) Parents who have abandoned their supposed will of the decedent.
children or induced their daughters to lead a
Art. 1033. – Effects of Condonation
The causes of unworthiness shall be have children or descendants, the latter
without effect if the testator had shall acquire his right to the legitime.
knowledge thereof at the time he made The person so excluded shall not
the will, or if, having known of them enjoy the usufruct and administration of the
subsequently, he should condone them property thus inherited by his children.
in writing.
Art. 1036 – Effect of Alienation of
- Basically this is the defense that may be Property Made by Excluded Person
availed of by person accused of Alienations of hereditary property, and acts
unworthiness of administration performed by the excluded
- the mere fact of instituting the person heir, before the judicial order of exclusion,
concerned, or giving him a devise or legacy, are valid as to third persons who acted in
is an IMPLIED CONDONATION good faith; but the co-heirs shall have a
right to recover damages from the
Art. 1034 - How to Judge the Capacity of disqualified heir.
the Heir
- Capacity must be determined from the Art. 1037 – Indemnities to be Reimbursed
time of the death of decedent Excluded Heir
- because it is during such time when The unworthy heir who is excluded from the
ownership is transferred succession has a right to demand indemnity
EXC: In case of a suspensive conditional for any expenses incurred in the
institution, the heir must be capacitated preservation of the hereditary property,
BOTH: and to enforce such credits as he may have
1) at the time of the testator’s death against the estate.
2) at the time the condition is fulfilled (For
example — he must still be alive at that Art. 1038 – Obligation to Return What
time.) Has Been Received (if there is any)
Any person incapable of succession, who,
Art. 1035 - Incapacitated Compulsory disregarding the prohibition stated in the
Heir Can Be Represented preceding articles, entered into the
If the person excluded from the inheritance possession of the hereditary property, shall
by reason of incapacity should be a child or be obliged to return it together with its
descendant of the decedent and should accessions.
He shall be liable for all the fruits and rents certain of the death of the person from
he may have received, or could have whom he is to inherit, and of his right to
received through the exercise of due the inheritance.
diligence.
Art. 1043 - When Acceptance or
Art. 1040 - Prescriptive Period for Repudiation May Be Made
Declaration of Incapacity and for
Recovery of the Inheritance (a) The heir must be CERTAIN of the death
- “Action for Declaration of Incapacity” of the decedent. (Hence, the act must not
- within five years from the time the be made during the decedent’s lifetime;
disqualified person took possession thereof however, presumed death for purposes of
succession is enough, although of course
Who can bring such action? in such case, there may be a RETURNING).
- Anyone who may have an interest in the
succession (that is, the person who would (b) The heir must be certain of his RIGHT to
inherit in place of the incapacitated heir). the inheritance. (Thus, acceptance by a
legatee, when the will is void, is useless.)

Section 3 Art. 1044 – Who may Accept or Repudiate

ACCEPTANCE AND REPUDIATION Inheritance
OF THE INHERITANCE 1. Those who have free disposal of their
property
Art. 1041. The acceptance or repudiation 2. The guardians/parents in case of
of the inheritance is an act which is minors/incapacitated
purely voluntary and free. 3. Lawful representatives of
corporations/institutions/entities qualified to
Art. 1042 - Retroactive Effect of acquire property
Acceptance and Repudiation - approval of court is necessary to repudiate
- The effects of the acceptance or (but in acceptance, no need for approval of
repudiation shall always retroact to the court)
moment of the death of the decedent.
Art. 1046 - Art. 1046. Public official
Art. 1043. No person may accept or establishments can neither accept nor
repudiate an inheritance unless he is
repudiate an inheritance without the “Presumed acceptance” - if within 30 days
approval of the government. after the court has issued an order for the
- “Public official establishments” — those distribution of the estate, the people
devoted to public purposes (like charity, concerned have not signified their
education) and supported by public money. acceptance or repudiation.

Art. 1047. A married woman of age may Art. 1050. An inheritance is deemed
repudiate an inheritance without the accepted:
consent of her husband. (1) If the heir sells, donates, or assigns his
right to a stranger, or to his co-heirs, or to
Art. 1048. Deaf-mutes who can read and any of them;
write may accept or repudiate the (2) If the heir renounces the same, even
inheritance personally or through an through gratuitously, for the benefit of one
agent. or more of his co-heirs;
Should they not be able to read (3) If he renounces it for a price in favor of
and write, the inheritance shall be all his coheirs indiscriminately; but if this
accepted by their guardians. These renunciation should be gratuitous, and the
guardians may repudiate the same with co-heirs in whose favor it is made are those
judicial approval. upon whom the portion renounced should
devolve by virtue of accretion, the
Art. 1049. Acceptance may be express or inheritance shall not be deemed as
tacit. accepted.
An express acceptance must be
made in a public or private document. Art. 1051. The repudiation of an
A tacit acceptance is one resulting inheritance shall be made :
from acts by which the intention to accept is 1) in a public or authentic instrument,
necessarily implied, or which one would 2) or by petition presented
have no right to do except in the capacity of to the court having jurisdiction over the
an heir. testamentary or intestate proceedings.
Acts of mere preservation or
provisional administration do not imply an - Repudiation should be EXPRESS
acceptance of the inheritance if, through - One who repudiates is deemed never to
such acts, the title or capacity of an heir has have owned or possessed the inheritance
not been assumed.
Art. 1052 - When Creditors May Accept in Art. 1055. If a person, who is called to the
Behalf of Heir same inheritance as an heir by will and
(a) While rights may be waived, still waiver ab intestato, repudiates the inheritance
cannot be allowed, if among other things, it in his capacity as a testamentary heir, he
is prejudicial to a third person with a right is understood to have repudiated it in
recognized by law. both capacities.
(b) The creditors do not accept in their own Should he repudiate it as an intestate
name; they accept in the name of the heir heir, without knowledge of his being a
(or devisee or legatee). testamentary heir, he may still accept it
(c) The creditor cannot accept everything in the latter capacity.
that has been repudiated, they can accept - can still repudiate that portion designated
only to the extent they have been to him as a testamentary heir
prejudiced. - cannot accept both in testamentary and
(d) Even if the creditors accept everything intestate capacity
that has been repudiated, the renouncing
heir is not considered as having accepted Art. 1056.
— he is still a renouncer, and cannot GR: The acceptance or repudiation of an
therefore be represented. inheritance, once made, is irrevocable,
and cannot be impugned
- creditors will not be allowed to accept in EXC: When it was made through any of
the name of the heir if they have not been the causes that vitiate consent, or when
prejudiced an unknown will appears.

Art. 1053. If the heir should die without “Unknown will” –

having accepted or repudiated the 1) If the new will makes only insignificant
inheritance his right shall be changes in the old one, the appearance of
transmitted to his heirs. the unknown will should not allow the
impugning of the previous acceptance or
Art. 1054. Should there be several heirs repudiation made concerning the old one.
called to the inheritance, some of them This is so because the cause for impugning
may accept and the others may cannot really be said to be present.
repudiate it. 2) If the new will makes substantial
changes, the old acceptance or repudiation
may be impugned.
Art. 1057 - When Acceptance or appointed as an executor, administrator,
Repudiation Must Be Signified to the guardian of an estate, or trustee, in like
Court manner as an individual;
- Within thirty days after the court has but it shall not be appointed guardian of
issued an order for the distribution of the the person of a ward.
estate
Section 5
COLLATION
Section 4
EXECUTORS AND ADMINISTRATORS “Collation” - “computing or adding certain
values to the estate, and charging the same
Administrator pendente lite or Special to the LEGITIME or FREE PORTION
administrator - one who is appointed in the
meantime to take charge of the estate, Art. 1061 – Collation of the First Kind
where there is a delay in the appointment of - adding the values to the estate, and
the regular executor or administrator — a charging (or imputing) the same to the
delay occasioned by certain causes such as legitimes — the purpose being to produce
an appeal from the allowance or EQUALITY as among the compulsory heirs
disallowance of a will. of the same class.
- In the appointment of a REGULAR - every donation inter vivos, for example,
administrator, the surviving spouse is given to a legitimate child is considered
given first preference generally as an advance of his legitime or
- if not, next of kin inheritance.
- if not, any person appointed by the Court
Art. 1062. Collation shall not take place
Art. 1059 – among compulsory heirs if:
- The rules on preference and concurrence 1.) the donor should have so expressly
of credits are to be applied in case of provided, or
insolvency of the estate. 2.) if the donee should repudiate the
- Art. 2244 inheritance, unless the donation should
be reduced as inofficious.
Art. 1060. A corporation or association
authorized to conduct the business of a Art. 1063. Property left by will is not
trust company in the Philippines may be deemed subject to collation, if the
testator has not otherwise provided, but child shall be obliged to bring to
the legitime shall in any case remain collation one-half of the thing donated.
unimpaired.
What are other expenses not subject to
Art. 1064 – Collation by Grandchildren collation:
When grandchildren, who survive with 1.) Expenses for support, education,
their uncles, aunts, or cousins, inherit medical attendance, even in extraordinary
from their grandparents in illness, apprenticeship, ordinary equipment,
representation of their father or mother, or customary gifts (Art. 1067)
they shall bring to collation all that their 2.) Expenses incurred by the parents in
parents, if alive, would have been giving their children a professional,
obliged to bring, even though such vocational or other career
grandchildren have not inherited the EXC: unless the parents so provide, or
property. unless they impair the legitime;
They shall also bring to collation all that - In such case, expenses which would have
they may have received from the been incurred had the child stayed home
decedent during his lifetime, unless the with the parents should be deducted
testator has provided otherwise, in
which case his wishes must be Art. 1069 - Any sums paid by a parent in
respected, if the legitime of the co-heirs satisfaction of the debts of his children,
is not prejudiced. election expenses, fines, and similar
expenses shall be brought to collation.
Art. 1065. Parents are not obliged to
bring to collation in the inheritance of Art. 1070. Wedding gifts by parents and
their ascendants any property which ascendants consisting of jewelry,
may have been donated by the latter to clothing, and outfit, shall not be reduced
their children. as inofficious
- shall not form part of the collation EXC: insofar as they may exceed one-
tenth of the sum which is disposable by
Art. 1066. Neither shall donations to the will.
spouse of the child be brought to - although really donations, are not
collation; but if they have been given by chargeable to the legitime in view of the
the parent to the spouses jointly, the sentimental importance of a wedding.
Art. 1071 donated was immovable, the co-heirs shall
The same things donated are not to be be entitled to receive its equivalent in cash
brought to collation and partition, but or securities, at the rate of quotation; and
only their value at the time of the should there be neither cash nor marketable
donation, even though their just value securities in the estate, so much of the other
may not then have been assessed. property as may be necessary shall be sold
- This is the value at the time of the at public auction.
perfection of the donation If the property donated was movable, the
- The owner, being the donee, bears the co-heirs shall only have a right to select an
loss. Hence, even if the thing given has equivalent of other personal property of the
been lost by a fortuitous event, the donee inheritance at its just price.
must still collate its value.
Art. 1075. The fruits and interest of the
Art. 1072. – Donation by Both Parents property subject to collation shall not
pertain to the estate except from the day
In the collation of a donation made by on which the succession is opened.
both parents, one-half shall be brought For the purpose of ascertaining their
to the inheritance of the father, and the amount, the fruits and interest of the
other half, to that of the mother. That property of the estate of the same kind
given by one alone shall be brought to and quality as that subject to collation
collation in his or her inheritance. shall be made the standard of
assessment.
Art. 1073 - The donee’s share of the
estate shall be reduced by an amount Art. 1076. The co-heirs are bound to
equal to that already received by him; reimburse to the donee the necessary
and his co-heirs shall receive an expenses which he has incurred for the
equivalent, as much as possible, in preservation of the property donated to
property of the same nature, class and him, though they may not have
quality. augmented its value.
The donee who collates in kind an
Art. 1074 – Additional Ways of immovable, which has been given to
Equalization among Co-Heirs him, must be reimbursed by his co-heirs
Should the provisions of the preceding for the improvements which have
article be impracticable, if the property increased the value of the property, and
which exist at the time the partition is - insofar as it does not prejudice the legitime
effected. of the compulsory heirs.
As to works made on the estate for the
mere pleasure of the donee, no Art. 1081 – “Mandatary”
reimbursement is due him for them; he A person may, by an act inter vivos or
has, however, the right to remove them, mortis causa, entrust the mere power to
if he can do so without injuring the make the partition after his death to any
estate. person who is not one of the co-heirs.

Section 6 - third person is not allowed to make the

PARTITION AND DISTRIBUTION disposition or distribution of property
OF THE ESTATE - should not be a co-heir. The partition by
Subsection 1. — PARTITION the mandatary may be either approved or
rejected by the heirs. If rejected, the probate
Art. 1078. Where there are two or more court can be called upon to decide the
heirs, the whole estate of the decedent conflict
is, before its partition, owned in common
by such heirs, subject to the payment of Art. 1082 - Every act which is intended to
debts of the deceased. (“Co-Heirship put an end to indivision among co-heirs
Before Partition”) and legatees or devisees is deemed to
- an heir can sell his share in an estate as be a partition, although it should purport
long as the same is done after the to be a sale, an exchange, a
decedent’s death compromise, or any other transaction.
- as long as co-ownership ceases to exist
Art. 1079. Partition - Definition
- in general, is the separation, division Art. 1083 – Co-heirs Right to Demand
and assignment of a thing held in Partition
common among those to whom it may GR: Up
belong. The thing itself may be divided, Exc: When testator expressly prohibits
or its value. partition
- must not exceed 20 years
Partition of Estate Thru Acts Inter Vivos
– VALID Art. 1084 – Voluntary heirs w/ condition
imposed
- cannot demand partition unless condition (f) the demand must be made within a
is FULFILLED period of one month from the time of
- other co-heirs (who are pure heirs and not notification in writing;
conditional) may demand by giving sufficient (g) the redemptioner must reimburse the
security price of the sale.

Art. 1085 – Equality shall be observed in Art. 1089. The titles of acquisition of
the partition of the estate ownership of each property shall be
delivered to the co-heir to whom said
Art. 1086 – Indivisible Object property has been adjudicated.
- object may be adjudicated to one of the -
heirs
- provided he shall pay the others the Art. 1090. When the title comprises two or
excess in cash more pieces of land which have been
- Any of the heirs can demand that thing be assigned to two or more co-heirs, or when it
sold in pub. auction + strangers allowed to covers one piece of land which has been
bid (maski isa ra sa ila) divided between two or more co-heirs, the
title shall be delivered to the one having
Art. 1087 - Reimbursement must be the largest interest, and authentic copies
made of: of the title shall be furnished to the other co-
(1) income and fruits heirs at the expense of the estate. If the
(2) useful and necessary expenses interest of each co-heir should be the
(3) damages thru malice or neglect same, the oldest shall have the title.
- Who reimburses each other? Co-heirs.
Subsection 2. — EFFECTS OF
Art. 1088 - Legal Redemption by Co- PARTITION
Heirs – Requisites:
(a) there must be two or more heirs; Art. 1091. A partition legally made
(b) one must sell his hereditary rights; confers upon each heir the exclusive
(c) the buyer must be a stranger; ownership of the property adjudicated to
(d) the sale must be before partition; him.
(e) at least one co-heir must demand the -relatives who are neither compulsory heirs
redemption;
nor voluntary heirs nor devisees or legatees Art. 1096. The obligation of warranty
cannot question a judicial partition made as among co-heirs shall cease in the
a consequence of a validly probated following cases:
(1) When the testator himself has made
Art. 1092. After the partition has been the partition, unless it appears, or it may
made, the co-heirs shall be reciprocally be reasonably presumed, that his
bound to warrant the title to, and the intention was otherwise, but the legitime
quality of, each property adjudicated. shall always remain unimpaired;
(2) When it has been so expressly
Warranties : stipulated in the agreement of partition,
1.) Warranty against eviction (of the title) unless there has been bad faith;
2.) Warranty of quality & hidden defects (3) When the eviction is due to a cause
subsequent to the partition, or has been
Art. 1093. The reciprocal obligation of caused by the fault of the distributee of
warranty referred to in the preceding the property.
article shall be proportionate to the
respective hereditary shares of the co-
heirs; but if any one of them should be Subsection 3. — RESCISSION AND
insolvent, the other co-heirs shall be NULLITY OF PARTITION
liable for his part in the same proportion,
deducting the part corresponding to the Art. 1097. A partition may be rescinded
one who should be indemnified. or annulled for the same causes as
contracts.
Those who pay for the insolvent heir - presence of fraud, excusable mistake, or
shall have a right of action against him inadvertence makes a partition annullable
for reimbursement, should his financial - an action for partition among co-heirs does
condition improve. NOT prescribe, this is true only as long as
one or some of them do not hold the
Art. 1094. An action to enforce the property in question under an adverse title.
warranty among coheirs must be
brought within ten years from the date Art. 1098. A partition, judicial or extra-
the right of action accrues. judicial, may also be rescinded on
account of lesion, when any one of the
co-heirs received things whose value is
less, by at least one-fourth, than the proportionately obliged to pay to the person
share to which he is entitled, considering omitted the share which belongs to him.
the value of the things at the time they
were adjudicated. Art. 1105. - Intrusion
- The lesion or damage must be at least 1/4, A partition which includes a person believed
otherwise rescission will not lie. to be an heir, but who is not, shall be void
only with respect to such person.
Art. 1100. The action for rescission on
account of lesion shall prescribe after
four years from the time the partition ---------------------------------------------------------
was made. Prohibition to Alienate
- - can be exercised on the free portion only;
as long as not exceeding 20 yrs
Art. 1101 - Option of the Suing Heir - The condition can be imposed only on the
The defendant heir, despite a proper ground free portion, never on the legitime. (Art. 904)
for rescission, is still given an option: -vs-
(a) indemnification
(b) or a new partition Prohibition to Divide
- can be applied to both the legitime & free
Art. 1103. The omission of one or more portion
objects or securities of the inheritance shall
not cause the rescission of the partition on Permanent heirs can demand partition
the ground of lesion, but the partition shall anytime and w/o prescription
be completed by the distribution of the
objects or securities which have been Right of redemption exists only if the sale is
omitted. made to a stranger and not to a co-heir

Art. 1104 -
Partition made with preterition of any of the
compulsory heirs shall not be rescinded,
unless it be proved that there was bad faith
or fraud on the part of the other persons
interested; but the latter shall be