SUCCESSION

JAMES BRYAN C. BAUA

ARELLANO UNIVERSITY SCHOOL OF LAW
Atty. Prime Antonio Ramos III
REFERENCE:
Civil Code of the Philippines - Wills and Succession (2021) Paras

TABLE OF CONTENTS
SUCCESSION............................................................................................................................................................................................................ 1
TABLE OF CONTENTS........................................................................................................................................................................................... 1
I. GENERAL PROVISIONS..................................................................................................................................................................................... 4
A. Definition and Concept (Articles 774, 712, 1311).......................................................................................................................................................... 4
1. Basis of Law on Succession....................................................................................................................................................................... 4
2. Legal Philosophy of the Civil Code on Succession........................................................................................................................... 5
3. Fundamental Changes in the Civil Code.............................................................................................................................................. 5
B. Law Governing Form.................................................................................................................................................................................................................. 5
1. As to Time of Execution.............................................................................................................................................................................. 5
2. As to the Place of Execution (Articles 17, 810, 815-819)............................................................................................................. 5
C. Law Governing Content............................................................................................................................................................................................................. 7
1. As to Time........................................................................................................................................................................................................ 7
2. As to Successional Rights, etc.................................................................................................................................................................. 7
D. Subjects of Succession (Articles 775, 782, 887, 1003)................................................................................................................................................. 7
1. Who are the Subjects?................................................................................................................................................................................. 9
2. Relationship (Articles 963-969)............................................................................................................................................................. 9
3. Capacity to Succeed (Article 1024)..................................................................................................................................................... 10
a. Determination (Articles 1034, 1039, 16(2)............................................................................................................................................. 10
b. Who may succeed?............................................................................................................................................................................................ 11
c. Who are Incapable of Succeeding? (Articles 1025, 1027, 1028, 1031-33, 990-992)..............................................................11
d. Effect of Alienations by the Excluded Heir (Article 1036)................................................................................................................ 14
e. Rights of the Excluded Heir (Articles 1035, 1037, 1014).................................................................................................................. 14
f. Liabilities of an Excluded Heir (Article 1038)......................................................................................................................................... 15
g. Prescription of Action (Article 1040)......................................................................................................................................................... 15
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E. Object of Succession (Articles 776, 781, 1311, 1429, 1178, 1347, RPC Article 108)................................................................16
F. Opening of Succession (Articles 777, 2263, 2253, 533, 1347, 1461, 130, 390, 391, Family Code 84, 86)..........................17
Requisites for the Transmission of Successional Rights:................................................................................................................ 20
1. Express will of the testator or provision of law..................................................................................................................................... 20
2. Death of the person whose property is subject of succession (Article 43); Survivorship Rule (Rule 131, Sec. 3(jj)(5)) 20
3. Acceptance of the Inheritance (Article 1041-1057)............................................................................................................................ 20
G. Kind of Succession (Article 778)............................................................................................................................................................... 25
1. Testamentary............................................................................................................................................................................................... 25
2. Legal or Intestate....................................................................................................................................................................................... 26
3. Mixed............................................................................................................................................................................................................... 26
4. Contractual (Articles 130, 1347, 752; Article 84 Family Code)............................................................................................... 26
5. Compulsory.................................................................................................................................................................................................. 27
TESTAMENTARY SUCCESSION........................................................................................................................................................................ 28
II. WILLS................................................................................................................................................................................................................ 28
A. Definition (Article 783).......................................................................................................................................................................................................... 28
B. Characteristics (Articles 783, 839(3)(4), 828, 796-798, 777, 818, 784-787)................................................................................................... 28
C. Interpretation of Wills (Articles 788-794, 930)............................................................................................................................................................ 33
III. TESTAMENTARY CAPACITY AND INTENT............................................................................................................................................ 35
A. Who May Make A Will? (Articles 796-803).................................................................................................................................................................... 35
B. Supervening Incapacity (Article 801)............................................................................................................................................................................... 35
IV. SOLEMNITIES OF WILLS............................................................................................................................................................................. 36
A. Kinds of Wills (Article 804, 810)......................................................................................................................................................................................... 36
B. Notarial Wills.............................................................................................................................................................................................................................. 37
a. General Requirements (Article 804).................................................................................................................................................. 37
b. Specific Requirements (Articles 805, 806)...................................................................................................................................... 37
c. Witnesses to a Will..................................................................................................................................................................................... 40
i. Who are Competent (Articles 820, 821, 824).......................................................................................................................................... 40
ii. Supervening Incompetency (Article 822)................................................................................................................................................ 41
iii. Competency of Interested Witness (Article 823)................................................................................................................................ 41
d. Special Requirements for Deaf, Deaf-Mute and Blind Testators (Articles 807-808)......................................................42
e. Substantial Compliance (Article 809)................................................................................................................................................ 42
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C. Holographic Wills...................................................................................................................................................................................................................... 43
a. General Requirements (Article 804).................................................................................................................................................. 43
b. Specific Requirements (Article 810, 812, 813).............................................................................................................................. 43
V. INCORPORATION OF DOCUMENT BY REFERENCE (Article 827)..................................................................................................... 46
VI. CODICILS......................................................................................................................................................................................................... 47
A. Definition (Article 825, 830)................................................................................................................................................................................................ 47
B. Solemnities (Article 826)....................................................................................................................................................................................................... 47
VII. REVOCATION OF WILLS AND TESTAMENTARY DISPOSITIONS.................................................................................................... 49
A. Definition of Revocation......................................................................................................................................................................................................... 49
B. When May Revocation be Effected (Article 828)......................................................................................................................................................... 49
C. Law Governing Revocation (Article 829)........................................................................................................................................................................ 49
D. Modes of Revocation (Article 830).................................................................................................................................................................................... 49
1. Effects of Revocation (Articles 831-834)......................................................................................................................................... 51
2. Doctrine of Dependent Relative Revocation................................................................................................................................... 52
VII. REPUBLICATION AND REVIVAL OF WILLS (Articles 835-837)..................................................................................................... 53
IX. ALLOWANCE OF WILLS............................................................................................................................................................................... 54
A. Concept of Probate................................................................................................................................................................................................................... 54
B. Necessity of Probate................................................................................................................................................................................................................ 54
C. Modes of Probate....................................................................................................................................................................................................................... 54
D. Requirements for Probate (Article 811)......................................................................................................................................................................... 56
E. Effect of Allowance of Wills................................................................................................................................................................................................... 56
X. DISALLOWANCE OF WILLS (Articles 839, 1335, 1337, 1338).......................................................................................................... 57
XI. LEGITIME........................................................................................................................................................................................................ 59
A. Concept (Article 886).............................................................................................................................................................................................................. 59
B. Who are Entitled to Legitimes; Compulsory Heirs (Articles 887, 902)............................................................................................................... 60
1. Concurrence of Compulsory Heirs and their Corresponding Legitime (Articles 888-890, 892-901, 903, 39; P.D. 603) 60
2. Restrictions Regarding Legitime (Articles 904, 872, 905-907, 1347)..................................................................................65
3. Determination or Computation (Articles 908-913)..................................................................................................................... 66
XII. COLLATION (Article 1061-1077)........................................................................................................................................................... 69
a. Freedom to Dispose Free Portion (Article 914)............................................................................................................................................................ 73
PRINCIPLES AFFECTING LEGITIME............................................................................................................................................................... 74
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XIII. PRETERITION (Article 854, 906, 855, 918)....................................................................................................................................... 74
Preterition v. Imperfect Disinheritance...................................................................................................................................................... 75
Similarities of Preterition and Ineffective Disinheritance.................................................................................................................... 75
XIV. RESERVA TRONCAL (Articles 891)....................................................................................................................................................... 76
XV. RESERVA ADOPTIVA (Article 39; P.D. 603)......................................................................................................................................... 77
XVI. DISINHERITANCE (Articles 915-923).................................................................................................................................................. 78
PRINCIPLES AFFECTING THE FREELY DISPOSABLE PORTION............................................................................................................. 80
XVII. INSTITUTION OF HEIRS.......................................................................................................................................................................... 80
A. In General..................................................................................................................................................................................................................................... 80
1. Definition (Article 840)........................................................................................................................................................................... 80
2. Requisites of a Valid Institution of Heirs (relate to Article 785, 787)................................................................................... 80
3. Effect If Will Institutes No Heir (Article 841)................................................................................................................................. 80
4. Freedom of Disposition (Article 842)................................................................................................................................................ 81
5. Manner of Designating an Heir (Articles 843-844 in relation to Article 789)...................................................................81
6. Disposition in Favor of an Unknown Person (Article 845)....................................................................................................... 81
7. Disposition of a Definite Class (Article 845 in relation to Article 786)................................................................................ 82
8. Equality of Heirs (Article 848).............................................................................................................................................................. 82
9. Individuality of Institution (Article 847).......................................................................................................................................... 82
10. Simultaneity of Institution (Article 849)....................................................................................................................................... 82
11. Institution Based on a False Cause (Article 850)........................................................................................................................ 82
a. Shares in the Institution (Articles 851-853)........................................................................................................................................... 82
b. Predeceased of Heirs (Article 856)............................................................................................................................................................. 83
B. Kinds of Institutions................................................................................................................................................................................................................. 83
1. Simple or Pure (Article 777)................................................................................................................................................................. 83
2. Conditional (Article 871)........................................................................................................................................................................ 83
a. Kinds........................................................................................................................................................................................................................ 83
b. Inoperative Conditions (Articles 872-874, relate to Article 1183)................................................................................................ 83
c. Disposition Captatoria (Article 875).......................................................................................................................................................... 83
d. Compliance (Articles 876-877(2)).............................................................................................................................................................. 84
e. Effect (Articles 1034(3), 879, 880, 881, 884)......................................................................................................................................... 84
3. Institution with a Term............................................................................................................................................................................ 85
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a. Kinds (Article 885(1))...................................................................................................................................................................................... 85
b. Effect (Articles 878. 885(2) in relation to Article 880)...................................................................................................................... 85
4. Modal Institution (Articles 882-883)................................................................................................................................................. 85
XVIII. SUBSTITUTION OF HEIRS..................................................................................................................................................................... 87
A. Concept of Substitution (Article 857)............................................................................................................................................................................... 87
B. Kinds of Substitution (Article 858).................................................................................................................................................................................... 87
1. Simple or Common (Article 859)......................................................................................................................................................... 87
2. Brief or Compendious (Article 860)................................................................................................................................................... 88
3. Reciprocal (Article 861).......................................................................................................................................................................... 88
4. Fideicommissary (Articles 863-869)................................................................................................................................................. 88
C. Time of Limitation on Inalienability (Article 870)....................................................................................................................................................... 89
XIX. LEGACIES AND DEVISES (Articles 924-959)...................................................................................................................................... 90
LEGAL OR INTESTATE SUCCESSION.............................................................................................................................................................. 96
XX. GENERAL PROVISIONS............................................................................................................................................................................... 96
A. In General..................................................................................................................................................................................................................................... 96
1. When Does It Take Place (Article 960)............................................................................................................................................. 96
2. Who Are The Intestate Heirs (Article 961)...................................................................................................................................... 96
3. Order of and Share In The Testate Succession (Article 862).................................................................................................... 96
B. Right of Representation (Articles 970-977, 982, 902, 992, 1005-1008)............................................................................................................ 96
XXI. ORDER OF INTESTATE SUCCESSION.................................................................................................................................................... 98
A. Descending Direct Line........................................................................................................................................................................................................... 98
1. Estate of a Legitimate Decedent........................................................................................................................................................... 98
a. Illegitimate Children (Articles 983, 988-992)........................................................................................................................................ 98
2. Estate of an Illegitimate Decedent....................................................................................................................................................... 98
a. Legitimate Children and Descendent (Articles 903, 987-994)........................................................................................................ 98
b. Illegitimate Children and Descendant (Article 990, 992).................................................................................................................. 99
B. Surviving Spouse (Articles 995-1002)........................................................................................................................................................................... 100
C. Ascending Direct Line........................................................................................................................................................................................................... 101
1. Legitimate Parents and Ascendant (Articles 985-987)............................................................................................................ 101
2. Illegitimate Parents (Article 993)..................................................................................................................................................... 101
D. Collateral Line (Articles 1003-1010)............................................................................................................................................................................. 101
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E. The State (Articles 1011-1014)........................................................................................................................................................................................ 102
PROVISIONS COMMON TO TESTATE AND INTESTATE SUCCESSION................................................................................................ 103
XXII. RIGHT OF ACCESSION........................................................................................................................................................................... 103
A. Concept (Articles 1015-1017, 1019-1020).................................................................................................................................................................. 103
B. In Legal Succession (Article 1018).................................................................................................................................................................................. 103
C. Compulsory Succession (Article 1021).......................................................................................................................................................................... 103
D. Testamentary (Article 1022-1023)................................................................................................................................................................................. 103
XXIII. PARTITION AND DISTRIBUTION OF THE ESTATE...................................................................................................................... 104
A. Partition (Articles 1078-1090)......................................................................................................................................................................................... 104
B. Effects of Partition (Articles 1091-1096)..................................................................................................................................................................... 105
C. Rescission and Nullity of Partition (Articles 1097-1105)...................................................................................................................................... 106
XXIV. EXECUTORS AND ADMINISTRATORS............................................................................................................................................. 108
I. GENERAL PROVISIONS

A. Definition and Concept (Articles 774, 712, 1311)

Article 774 (Succession mortis causa)
Article 774. Succession is a mode of acquisition by virtue of which
the property, rights and obligations to the extent of the value of the
inheritance, of a person are transmitted through his death to
another or others either by his will or by operation of law.

Important Elements of the Definition

a. Mode of acquisition
b. Transfer of property, rights, and obligations, to the
extent of the value of the inheritance of a person
(grantor, transferor, decedent, testator, or intestate)
c. Transmission through death (not during life)
d. Transmission to another (grantee, transferee, heir,
legatee, or devisee)
e. By will (testamentary) or operation of law (legal
succession)
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GR: (Art. 1178) All rights acquired by virtue of an obligation EXC:
are transmissible ● By the nature of the contract
EXC: ● By stipulation of the parties that they are not transmissible
● If there is a stipulation ● By provision of law - cases where the law expresses that the
● Partnership and agency contracts (fiduciary right and obligations are extinguished by death
relations)
● Rights that are purely personal (Right to vote) 1. Basis of Law on Succession

Article 712 a. Natural law - obligates a person to provide for those he

would leave behind (consequence of family relations)
Article 712. Ownership is acquired by occupation and by
intellectual creation. b. Socio-economic postulate - prevents wealth from becoming
inactive or stagnant
Ownership and other real rights over property are acquired and c. The implicit attributes of ownership - disposal of property
transmitted by law, by donation, by testate and intestate even when such person is dead (right to property)
succession, and in consequence of certain contracts, by tradition.
2. Legal Philosophy of the Civil Code on Succession
They may also be acquired by means of prescription. (609a)

3. Fundamental Changes in the Civil Code

Article 1311 - Relativity of Contracts ● Greater freedom is given to the testator in the choice
Article 1311. Contracts take effect only between the parties, their of the form for his will or testament.
assigns and heirs, except in case where the rights and obligations ● Greater facility in the probate of wills is provided by
arising from the contract are not transmissible by their nature, or the introduction of system of probate during the
by stipulation or by provision of law. The heir is not liable beyond lifetime of the testator.
the value of the property he received from the decedent. ● The surviving spouse is given a better position in the
laws of succession. Her legitime has been changed
If a contract should contain some stipulation in favor of a third
person, he may demand its fulfillment provided he communicated from a mere usufruct to full ownership. In the law of
his acceptance to the obligor before its revocation. A mere intestate succession, she has been raised to a higher
incidental benefit or interest of a person is not sufficient. The degree in the order of succession.
contracting parties must have clearly and deliberately conferred a ● In the legitime of legitimate children and
favor upon a third person. descendants, the betterment consisting of one-third
of the estate of the parents or ascendants, has been
GR: Contractual rights and obligations are transmissible to the abolished.
successors.
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● The reservas and reversions, with the exception of
those which have for their object public order, public policy and
reserva troncal, have been abolished. good customs shall not be rendered ineffective by laws or
judgments promulgated, or by determinations or conventions
Effectivity Dates: agreed upon in a foreign country. (11a)
● Old Civil Code - 1889
● New Civil Code - August 30, 1950 Extrinsic Validity - form of the will (place of execution) - Arts. 815-
● Family Code - August 3, 1988 817

Intrinsic Validity - the law that governs the will (nationality of the
testator) - Art. 16

GR: Form shall be governed by the laws of the country in which they
B. Law Governing Form are executed.
1. As to Time of Execution EXC:
Article 795 ● Executed before the diplomatic or consular officials of the
Article 795. The validity of a will as to its form depends upon the Philippines in a foreign country.
observance of the law in force at the time it is made. (n)
Article 810 - Holographic Will
GR: Validity of the form is based on the statute in force at the time of Article 810. A person may execute a holographic will which must
the execution. be entirely written, dated, and signed by the hand of the testator
himself. It is subject to no other form and may be made in or out of
2. As to the Place of Execution (Articles 17, 810, 815-819) the Philippines, and need not be witnessed. (678, 688a)
Article 17
Article 815 - Filipino in a foreign country
Article 17. The forms and solemnities of contracts, wills, and other
public instruments shall be governed by the laws of the country in Article 815. When a Filipino is in a foreign country, he is
which they are executed. authorized to make a will in any of the forms established by the
law of the country in which he may be. Such will may be probated
When the acts referred to are executed before the diplomatic or in the Philippines.
consular officials of the Republic of the Philippines in a foreign
country, the solemnities established by Philippine laws shall be
observed in their execution. Article 816
Article 816. The will of an alien who is abroad produces effect in
Prohibitive laws concerning persons, theirs acts or property, and
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4. May tempt one to kill the other testator
the Philippines if made with the formalities prescribed by the law
of the place in which he resides, or according to the formalities 5. Against public policy
observed in his country, or in conformity with those which this
Code prescribes. Article 819 - Joint is not valid even when authorized and executed in
a foreign country
Article 817 - Alien in the Philippines executed a will not in Article 819. Wills, prohibited by the preceding article, executed by
conformity with our law, but in conformity with the law of its own Filipinos in a foreign country shall not be valid in the Philippines,
country, can be probated in the Philippines. even though authorized by the laws of the country where they may
have been executed.
Article 817. A will made in the Philippines by a citizen or subject of
another country, which is executed in accordance with the law of
the country of which he is a citizen or subject, and which might be C. Law Governing Content
proved and allowed by the law of his own country, shall have the
same effect as if executed according to the laws of the Philippines. 1. As to Time
Article 2263
Article 818 - Prohibition on joint will and mutual will. Article 2263. Rights to the inheritance of a person who died, with
Article 818. Two or more persons cannot make a will jointly, or in or without a will, before the effectivity of this Code, shall be
the same instrument, either for their reciprocal benefit or for the governed by the Civil Code of 1889, by other previous laws, and by
benefit of a third person. the Rules of Court. The inheritance of those who, with or without a
will, die after the beginning of the effectivity of this Code, shall be
adjudicated and distributed in accordance with this new body of
Joint Will - one where the same instrument is made the will of two or laws and by the Rules of Court; but the testamentary provisions
more persons and is jointly signed by them shall be carried out insofar as they may be permitted by this Code.
Therefore, legitimes, betterments, legacies and bequests shall be
Mutual Will - separate wills of two persons, which are reciprocal in respected; however, their amount shall be reduced if in no other
manner can every compulsory heir be given his full share
their provisions.
according to this Code.

Reasons for Prohibitions: Determining factor is the DEATH OF THE DECEDENT.

1. Purely personal and unilateral act
2. Contrary to revocable character of wills; if one ● Why is time of death critical element in succession?
revokes the will, no document is left for the other to ○ It may determine the applicable law
revoke specially in cases where the revocation is ○ Determines the governing law as to the properties of
done by destroying or tearing the will the decedent
3. May expose a testator to undue influence ○ To determine who are the compulsory heirs
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Article 775. In this Title, “decedent” is the general term applied to

2. As to Successional Rights, etc. the person whose property is transmitted through succession,
Article 16(2) whether or not he left a will. If he left a will, he is also called the
testator.
Article 16. Real property as well as personal property is subject to
the law of the country where it is situated. ● Decedent - the person whose estate is to be distributed.
○ Testator - if he left a will
However, intestate and testamentary successions, both with ○ Intestate - if he left no will
respect to the (1) order of succession and to the (2) amount of
successional rights and to the (3) intrinsic validity of testamentary
provisions, shall be regulated by the national law of the person Article 782 - Heir
whose succession is under consideration, whatever may be the Article 782. An heir is a person called to the succession either by
nature of the property and regardless of the country wherein said the provision of a will or by operation of law.
property may be found.
National law of the decedent governs the successional rights. Devisees and legatees are persons to whom gifts of real and
personal property are respectively given by virtue of a will.
Article 1039 ● Transferees in Testamentary Succession
○ Heirs - universal title; if they succeed to all or a
Article 1039. (4) Capacity to succeed is governed by the law of the
nation of the decedent. fraction or aliquot part of the properties, rights and
obligations
■ Compulsory - if entitled to legitime
D. Subjects of Succession (Articles 775, 782, 887, 1003) ■ Voluntary - only to free portion
○ Legatees and Devisees - if they succeed by particular
1. Decedent - person whose property is transmitted through title to cash or to a particular or specified item or
succession, whether or not he left a will; thing in the inheritance
2. Testator - person who left a will; ■ Legatees - if they succeed to particular
3. Devisee - to those who, real property is given in a will; personal properties
4. Legatee - to those who, personal property is given in a will; ■ Devisees - if they succeed to particular real
5. Successor - person who succeeds to the property of the decedent; properties
6. Heir - a successor who succeeds by universal title (whole or fraction
of the inheritance); a person called to the succession either by the Legatees and Devisees can exist only in testamentary
provision of a will or by operation of law; succession.

Article 775- Decedent ● Transferees in Legal Succession

○ Legal or Intestate Heirs
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compulsory heirs); illegitimate parents (no other
Article 887 - Compulsory Heirs ascendants)
c. Concurring Compulsory Heir - surviving spouse (even
Article 887. The following are compulsory heirs:
1. Legitimate children and descendants, with respect to their bigamous marriage as long as in good faith);
legitimate parents and ascendants; illegitimate children
2. In default of the foregoing, legitimate parents and 2. Voluntary or Testamentary Heirs - those who succeed
ascendants, with respect to their legitimate children and according to decedent’s will; may be juridical persons as well
descendants; (based on Civil Code 1026 and 782)
3. The widow or widower; 3. Legal or Intestate Heirs - those who succeed to the decedent
4. Acknowledged natural children and natural children by
in the absence of a will, according to the amount or
legal fiction;
5. Other illegitimate children referred to in Article 287. proportion determined by law; e.g. collateral relatives - up to
the 5th civil degree.
Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded Legal Heir - when a valid will was subsequently
by those in Nos. 1 and 2; neither do they exclude one another. invalidated
Intestate Heir - when the decedent did not leave a will
In all cases of illegitimate children, their filiation must be duty
proved.
Distinction of Classification of Heirs:
The father or mother of illegitimate children of the three classes a. CH - heirs who succeed not only by will but by
mentioned, shall inherit from them in the manner and to the extent operation of law
established by this Code. b. V/TH - only succeed by virtue of a will
c. L/IH - those who succeed when a valid will is
Classification of Heirs: invalidated and there is no will respectively
1. Compulsory Heirs - those who succeed to a portion
determined by law, which cannot be impaired, reduced, or Article 1003 - Collateral Relatives
take away by the decedent, even if there is a will (EXC: Article 1003. If there are no descendants, ascendants, illegitimate
Disinheritance) children, or a surviving spouse, the collateral relatives shall
a. Primary Compulsory Heir - legitimate children and succeed to the entire estate of the deceased in accordance with the
descendants; widow or widower; acknowledged following articles.
natural children and natural children by legal fiction
(adopted children) (cannot inherit from Collateral Relatives:
grandparents; iron curtain rule (Art. 992)) ● Not necessarily legal heirs - must be within the 5th civil
b. Secondary Compulsory Heir - legitimate parents and degree
ascendants (will inherit only in default of primary
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● Brothers, Sisters, Nieces, nephews, aunts, uncles, cousins, Article 966
brother of great grandfather - 5 degrees removed
Article 966. In the line, as many degrees are counted as there are
generations or persons, excluding the progenitor.
● Brothers and Sisters - per capita
● Nieces and Nephews (if survived with brothers and sisters) - In the direct line, ascent is made to the common ancestor. Thus, the
per stirpes (by group) child is one degree removed from the parent, two from the
grandfather, and three from the great grandparent.
1. Who are the Subjects?
In the collateral line, ascent is made to the common ancestor and
then descent is made to the person with whom the computation is
2. Relationship (Articles 963-969) to be made. Thus, a person is two degrees removed from his
Article 963 - Proximity of Relationship brother, three from his uncle, who is the brother of his brother,
four from his first cousin, and so forth.
Article 963. Proximity of relationship is determined by the number
of generations. Each generation forms a degree.
Parents - 1 degree
Article 964 - Direct line and collateral line Siblings - 2 degrees
Grandparents - 2 degrees
Article 964. A series of degrees forms a line, which may be either Aunts and Uncles - 3 degrees
direct or collateral.
Nieces and Nephews - 3 degrees
A direct line is that constituted by the series of degrees among Cousins - 4 degrees
ascendants and descendants.
Article 1003 - Collateral Relatives
A collateral line is that constituted by the series of degrees among
Article 1003. If there are no descendants, ascendants, illegitimate
persons who are not ascendants and descendant, but who come
children, or a surviving spouse, the collateral relatives shall
from a common ancestor.
succeed to the entire estate of the deceased in accordance with the
following articles.
Article 965 - Direct line
Article 965. The direct line is either descending or ascending. 3. Capacity to Succeed (Article 1024)
Article 1024
The former unites the head of the family with these who descend
from him. Article 1024. Persons not incapacitated by law may succeed by will
or ab intestato.
The latter binds a person with those from whom he descends.
The provisions relating to incapacity by will are equally applicable
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● Made to public officials, his wife,
to intestate succession. (this excludes Articles 1027(1-5), and
1028, as these only apply to testamentary succession) descendants, or ascendants by reason
of office
■ Because of unworthiness (Art. 1032)
● Capacity to Succeed - it is the ability to inherit and retain
property obtained mortis causa (also called passive
a. Determination (Articles 1034, 1039, 16(2)
testamentary capacity).
Article 1034

GR: persons not incapacitated by law may succeed by will or ab Article 1034. In order to judge the capacity of the heir,
intestato devisee, or legatee, his qualification at the time of the death
of the decedent shall be the criterion.
● Kinds of Incapacity to Succeed In cases falling under Nos. 2, 3, or 5 of Article 1032, it shall
○ Absolute - can never inherit from anybody regardless be necessary to wait until final judgment is rendered, and
of circumstances in the case falling under No. 4, the expiration of the month
■ Individuals, associations, and corporations allowed for the report.
not permitted by law (Art. 1027(6))
■ Those who lack juridical personality (abortive If the institution, devise or legacy should be conditional,
the time of the compliance with the condition shall also be
infants, or those who do not comply with the
considered.
requirements of Arts. 40 and 41 of NCC) - if
intrauterine life is less than 7 months months
and died within 24 hours after its birth. Article 1039
○ Relative - cannot inherit only from certain persons or Article 1039. Capacity to succeed is governed by the law of
certain properties, but can inherit from others or the nation of the decedent.
certain other properties. They may be relatively
incapacitated: Article 16(2)
■ Because of possible undue influence (Art.
1027) Article 16. Real property as well as personal property is
subject to the law of the country where it is situated.
■ Because of public policy and morality (Art.
1028 in relation to 739) However, intestate and testamentary successions, both
● Guilty of adultery or concubinage with respect to the order of succession and to the amount
● Guilty of the same criminal offense of successional rights and to the intrinsic validity of
testamentary provisions, shall be regulated by the national
law of the person whose succession is under consideration,
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whatever may be the nature of the property and regardless extended spiritual aid to him during the same
of the country wherein said property may be found. period;
2. The relatives of such priest or minister of the
gospel within the fourth degree, the church order,
National Law of the Decedent governs the: chapter, community, organization, or institution to
a. Order of succession; which such priest or minister may belong.
b. Amount of successional rights; 3. A guardian with respect to testamentary
c. Intrinsic validity of the provisions of the will; dispositions given by a ward in his favor before the
and final accounts of the guardianship have been
d. Capacity to succeed. approved, even if the testator should die after the
approval thereof; nevertheless, any provision made
by the ward in favor of the guardian when the later
b. Who may succeed? is his ascendant, descendant, brother, sister, or
spouse, shall be valid;
4. Any attesting witness to the execution of a will, the
c. Who are Incapable of Succeeding? (Articles 1025, 1027, 1028, spouse, parents, or children, or any one claiming
1031-33, 990-992) under such witness, spouse, parents, or children;
Article 1025 5. Any physician, surgeon, nurse, health officer, or
druggist who took care of the testator during his
Article 1025. In order to be capacitated to inherit, the heir, last illness;
devisee, or legatee must be living at the moment the 6. Individuals, associations, and corporations not
succession opens, except in case of representation, when it permitted by law to inherit.
is proper.
● All disposition to priest through a will are not void.
● Requisites for Capacity to Inherit Only those that have economic consideration.
a. Must be living or conceived at the moment the ● Relatives also pertain to legal wife and mistresses.
succession opens
b. Or if dead or incapacitated, by representation Article 1028 - by reason of morality
Article 1028. The prohibitions mentioned in Article 739,
Article 1027 - Incapacitated because of possible undue
concerning donations intervivos shall apply to
influence. testamentary provisions.
Article 1027. The following are incapable of succeeding:
● Incapacity by Reason of public policy and morality
1. The priest who heard the confession of the testator
○ Guilty of adultery or concubinage
during his last illness, or the minister of gospel who
○ Guilty of the same criminal offense
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○ Made to public officials, his wife, descendants,
to an officer of the law within a month, unless the
or ascendants by reason of office authorities have already taken action; this
prohibition shall not apply to cases wherein,
Article 1031 according to law, there is no obligation to make an
accusation;
Article 1031. A testamentary provision in favor of a 5. Any person convicted of adultery or concubinage
disqualified person, even though made under the guise of a with the spouse of the testator;
onerous contract, or made through an intermediary, shall 6. Any person who by fraud, violence, intimidation, or
be void. undue influence should cause the testator to make
a will or to change one already made;
Purpose: to prohibit the testator from violating indirectly 7. Any person who by the same means prevents
what he cannot violate directly another from making a will, or from revoking one
already made, or who supplants, conceals, or alters
the latter’s will;
How the interposition of a third part may be done: 8. Any person who falsifies or forges a supposed will
1. If the disposition is disguised as an onerous contract of that decedent.
2. If fictitious debts are ordered paid
3. If an intermediary is interposed (for him later on to
Par. 1
give to the incapacitated person)
● Abandonment includes not merely the exposure of
the child or descendant to danger but also the failure
Article 1032 - by reason of unworthiness
to give it due care or attention.
Article 1032. The following are incapable of succeeding by ○ It may be physical, moral, social, or
reason of unworthiness: educational, not limited to the term
abandonment as contemplated in the Revised
1. Parents who have abandoned their children or
Penal Code.
induced their daughters to lead a corrupt or
immoral life, or attempted againsts their virtue; ● When a mother helps a stranger commit rape on her
2. Any person who has been convicted of an attempt own daughter, the daughter can disinherit the
against the life of the testator, his or her spouse, mother.
descendants, or ascendants; ● Attempt against virtue does not need to be in a final
3. Any person who has accused the testator of a crime judgment.
for which the law prescribes imprisonment for six
years or more, if the accusation has been found
Par. 2
groundless;
4. Any heir of full age who, having knowledge of the ● There should be a final judgment of conviction by a
violent death of the testator, should fail to report it court of justice.
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● There must be intent to kill. (homicide through
reckless imprudence is not a proper cause because Par. 5
there is no intent) ● Conviction by final judgment is essential.
● If the accused was given amnesty or died before final
judgment, he is qualified to inherit. Article 1033 - Exception to the Incapability to Succeed
Article 1033. The causes of unworthiness shall without
Par. 3 effect if the testator had knowledge thereof at the time he
● There must be an act of accusing made the will, or if, having known of them subsequently, he
● The fact that the accusation has been found should condone them in writing.
groundless
● The offense or crime charged carries a penalty of ● Rules for Condonation
imprisonment for at least six years. ○ If at the time the testator knew, he still
● The term accusation includes the act of giving a instituted the will
statement as a witness in a case against the testator. ○ If knowledge only comes after the execution,
Including when the witness-heir failed to reveal a fact condonation must be in writing
that would result in the acquittal of the testator. ● If the implied condonation is made in a void or
● For the accusation to be groundless, there must be an subsequently revoked will, it is as if there was no
acquittal, not merely based on reasonable doubt. condonation.

Par. 4 Article 990 - Illegitimate Children

● Requirements:
○ The heir (legatee or devisee) must be of FULL Article 990. The hereditary rights granted by the two
preceding articles to illegitimate children shall be
AGE (at least 21)
transmitted upon their death to their descendants, who
○ He must have knowledge of the VIOLENT shall inherit by their right of representation from their
DEATH of the testator deceased grandparents.
○ There is failure to report such death within a
month UNLESS the authorities have already
● Also applicable to incapacity and disinheritance.
taken action.
○ There is an OBLIGATION to make the
Article 991
accusation.
● Violent death caused accidentally or by the testator’s Article 991. If legitimate ascendants are left, the
own fault are not required to be reported, since no is illegitimate children shall divide the inheritance with them,
taking one-half of the estate, whatever be the number of
supposed to be accused thereof.
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the ascendants or of the illegitimate children. Article 1035. If the person excluded from the inheritance
by reason of incapacity should be a child or descendant of
the decedent and should have children or descendants, the
Article 992 - Iron Curtain Rule - the purpose is to avoid latter shall acquire his right to the legitime.
further grounds of resentment (iron curtain rule is now
overturned by the Supreme Court in the case of Aquino v. The person so excluded shall not enjoy the usufruct and
Aquino) administration of the property thus inherited by his
children.
Article 992. An illegitimate child has no right to inherit ab
intestato from the legitimate children and relatives of his
father or mother; nor shall such children or relatives Article 1037
inherit in the same manner from the illegitimate child.
Article 1037. The unworthy heir who is excluded from the
succession has a right to demand indemnity for any
d. Effect of Alienations by the Excluded Heir (Article 1036) expenses incurred in the preservation of the hereditary
Article 1036 property, and to enforce such credits as he may have
against the estate.
Article 1036. Alienations of hereditary property, and acts
of administration performed by the excluded heir, before
the judicial order of exclusion, are valid as to third persons ● Rights of the Excluded Heir
who acted in good faith; but the co-heirs shall have a right ○ To collect necessary expenses (for
to recover damages from the disqualified heir. preservation, regardless of good or bad faith)
○ To collect credit (because while he is
● Judicial Order of Exclusion incapacitated to inherit, he still is a creditor)
○ The court declares which of the heirs are
disqualified or incapacitated Article 1014
● What is important is the good or bad faith of the third Article 1014. If a person legally entitled to the estate of the
person not the good or bad faith of the incapacitated deceased appears and files a claim thereto with the court
heir within five year from the date the property was delivered
to the State, such person shall be entitled to the possession
● Two kinds of actuations under Art. 1036 of the same, or if sold, the municipality or city shall be
accountable to him for such of the proceeds as may not
○ Alienation of hereditary property
have been lawfully spent.
○ Acts of administration

e. Rights of the Excluded Heir (Articles 1035, 1037, 1014) ● Rule of Legal Heir Files a Claim
Article 1035
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○ Reason for the law: it may be that a relative ● ACTIONS for (must be both actions or just the second,
who has priority over the estate, appears only because the first one is impliedly included in the
after the proper escheat proceedings have action)
been made. ○ Declaration of incapacity; and
○ Must be filed within 5 years from the date the ○ The recovery of the inheritance
property was delivered to the State ● Shall be brought within 5 years from the time the
○ If a claim is not made within 5 years, the claim Disqualified heir took possession thereof.
shall be barred forever. ● Brought by anyone who may have an interest in the
succession.

E. Object of Succession (Articles 776, 781, 1311, 1429, 1178,

f. Liabilities of an Excluded Heir (Article 1038) 1347, RPC Article 108)
Article 1038 Article 776
Article 1038. Any person incapable of succession, who, Article 776. The inheritance includes all the property, rights and
disregarding the prohibition stated in the preceding obligations of a person which are not extinguished by his death.
articles, entered into possession of the hereditary
property, shall be obliged to return it together with its
accessions. ● Succession - the manner by virtue of which the property or
right is acquired.
He shall be liable for all fruits and rents he may have ● Inheritance - the property or right acquired
received, or could have received through the exercise of ○ Property
due diligence. ■ Includes both real and personal
■ Includes accessions accruing thereto from the
Improvements is not included in the enumerations. moment of death
○ Rights not extinguished by death
g. Prescription of Action (Article 1040) ■ Rights extinguished by death
Article 1040 ● Intransmissible rights because of their
Article 1040. The action for a declaration of incapacity and nature (family rights, marital and
for the recovery of the inheritance, devise or legacy shall parental rights, support, action for
be brought within five years from the time the disqualified legal separation, partnership, agency,
person took possession thereof. It may be brought by any life annuity)
one who may have an interest in the succession. ● Right to claim acknowledgement or
recognition as a natural child.
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● Right to hold public or private office
his acceptance to the obligor before its revocation. A mere
or job incidental benefit or interest of a person is not sufficient. The
■ Rights NOT extinguished by death contracting parties must have clearly and deliberately conferred a
● Right to bring or continue an action favor upon a third person.
for forcible entry or unlawful detainer
● Right to compel execution of Article 1429 - Voluntary payment of debt exceeding the value
document necessary for convenience of property received by will is valid and cannot be rescinded.
● Right to continue a lease contract
● Property right in an insurance policy. Article 1429. When the testate or intestate heir voluntarily pays a
debt of the decedent exceeding the value of the property which he
○ Obligations not extinguished by death (to the extent
received by will or by the law of intestacy from the estate of the
of the value of the inheritance) decease, the payment is valid and cannot be rescinded by the
■ GR: all obligations are transmissible, unless payer.
purely personal (obligation to support)
Article 781
Article 1178
Article 781. The inheritance of a person includes not only the
Article 1178. Subject to the laws, all rights acquired in virtue of an
property and the transmissible rights and obligations existing at
obligation are transmissible, if there has been no stipulation to the
the time of his death, but also those which have accrued thereto
contrary.
since to opening of the succession.

The accretions or accessions are not strictly inherited for they form Article 1347 - All things not outside the commerce of men
part of the estate only after the heirs become the owners thereof; may be the object of a contract.
hence, properly speaking, they are acquired by accretion, not by
succession. Article 1347. All things which are not outside the commerce of
men, including future things, may be the object of a contract. All
rights which are not intransmissible may also be the object of
Article 1311 contracts.
Article 1311. Contracts take effect only between the parties, their
assigns and heirs, except in case where the rights and obligations No contract may be entered into upon future inheritance except in
arising from the contract are not transmissible by their nature, or cases expressly authorized by law.
by stipulation or by provision of law. The heir is not liable beyond
the value of the property he received from the decedent. All services which are not contrary to law, morals, good customs,
public order, or public policy may likewise be the object of a
If a contract should contain some stipulation in favor of a third contract.
person, he may demand its fulfillment provided he communicated
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Article 108, RPC
Article 2253.
Article 108. Obligation to make restoration, reparation for
damages, or indemnification for inconsequential damages and
● Read Art. 1134 and 1138
action to demand the same - Upon whom it devolves. - The
obligation to make restoration or reparation for damages and ● If bad faith, the applicable law is Art. 534
indemnification for consequential damages devolves upon the
heirs of the person liable. Article 533
Article 533. The possession of hereditary property is deemed
The action to demand restoration, reparation and indemnification
transmitted to the heir without interruption and from the moment
likewise descends to the heirs of the person injured.
of the death of the decedent, in case the inheritance is accepted.

F. Opening of Succession (Articles 777, 2263, 2253, 533, 1347, One who validly renounces an inheritance is deemed never to have
1461, 130, 390, 391, Family Code 84, 86) possessed the same.

Article 777 - From the moment of the death of the decedent. Article 1347

Article 777. The rights to the succession are transmitted from the Article 1347. All things which are not outside the commerce of
moment of the death of the decedent. men, including future things, may be the object of a contract. All
rights which are not intransmissible may also be the object of
contracts.
Article 2263
Article 2263. Rights to the inheritance of a person who died, with No contract may be entered into upon future inheritance except in
or without a will, before the effectivity of this Code, shall be cases expressly authorized by law.
governed by the Civil Code of 1889, by other previous laws, and by
the Rules of Court. The inheritance of those who, with or without a All services which are not contrary to law, morals, good customs,
will, die after the beginning of the effectivity of this Code, shall be public order, or public policy may likewise be the object of a
adjudicated and distributed in accordance with this new body of contract.
laws and by the Rules of Court; but the testamentary provisions
shall be carried out insofar as they may be permitted by this Code. When does it allow a contract on future inheritance?
Therefore, legitimes, betterments, legacies and bequests shall be ● Article 84, Family Code
respected; however, their amount shall be reduced if in no other
● Donations inter vivos
manner can every compulsory heir be given his full share
according to this Code.
Article 1461

Article 2253 Article 1461. Things having a potential existence may be the object
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of the contract of sale. whether or not the absentee still lives, he shall be presumed dead
for all purposes, except for those of succession.
The efficacy of the sale of a mere hope or expectancy is deemed
subject to the condition that the thing will come into existence. The absentee shall not be presumed dead for the purpose of
opening his succession till after an absence of ten years. If he
The sale of a vain hope or expectancy is void. disappeared after the age of seventy-five years, an absence of five
years shall be sufficient in order that his succession may be
opened.
Article 130 FC
Article 130. Upon the termination of the marriage by death, the ● What if the person has been missing for 5 years and his
conjugal partnership property shall be liquidated in the same
whereabouts in unknown, can you go to court and have him
proceeding for the settlement of the estate of the deceased.
declared judicially dead?
If no judicial settlement proceeding is instituted, the surviving ○ GR: NO, if there is no property left or there is no
spouse shall liquidate the conjugal partnership property either intention to remarry
judicially or extra-judicially within one year from the death of the ○ Yes, for purposes of alienating conjugal properties….
deceased spouse. If upon the lapse of the six month period no
liquidation is made, any disposition or encumbrance involving the Article 390 (Ordinary Circumstances)
conjugal partnership property of the terminated marriage shall be
● Presumed dead after the period
void.
Article 391 (Extraordinary Circumstance)
Should the surviving spouse contract a subsequent marriage ● Presumed dead at the time the vessel (or other) went missing
without compliance with the foregoing requirements, a mandatory
regime of complete separation of property shall govern the Article 84, FC
property relations of the subsequent marriage.
Article 84. If the future spouses agree upon a regime other than
the absolute community of property, they cannot donate to each
Article 132, FC other in their marriage settlements more than one-fifth of their
present property. Any excess shall be considered void.
Article 132. The Rules of Court on the administration of estate of
deceased persons shall be observed in the appraisal and sale of
Donations of future property shall be governed by the provisions
property of the conjugal partnership, and other matters which are
on the testamentary succession and the formalities of wills.
not expressly determined in this Chapter.

Article 86, FC
Article 390* (90 in syllabus assumed as error)
Article 86. A donation by reason of marriage may be revoked by
Article 390. After an absence of seven years, it being unknown
the donor in the following cases:
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● lesbianism or homosexuality of the respondent;
1. If the marriage is not celebrated or judicially declared void ● contracting by the respondent of a subsequent bigamous
ab initio except donations made in the marriage marriage, whether in the Philippines or abroad;
settlements, which shall be governed by Article 81; ● sexual infidelity or perversion;
2. When the marriage takes place without the consent of the ● attempt by the respondent against the life of the petitioner;
parents or guardian, as required by law; or
3. When the marriage is annulled, and the donee acted in bad
faith: ● abandonment of petitioner by respondent without justifiable
4. Upon legal separation, the donee being the guilty spouse;
cause for more than 1 year.
5. If it is with a resolutory condition and the condition is
complied with;
6. When the donee has committed an act of ingratitude as Requisites for the Transmission of Successional Rights:
specified by the provisions of the Civil Code on donations 1. Express will of the testator or provision of law
in general. 2. Death of the person whose property is subject of succession
(Article 43); Survivorship Rule (Rule 131, Sec. 3(jj)(5))
Grounds for Annulment
● lack of parental consent, Article 43
● insanity/psychological incapacity; Article 43. If there is doubt, as between two or more
● fraud, force, intimidation, or undue influence; persons who are called to succeed each other, as to which
● impotence; and of them died first, whoever alleges the death of one prior
● sexually transmissible diseases. to the other, shall prove the same; in the absence of proof,
it is presumed that they died at the same time and there
Grounds for Legal Separation shall be no transmission of rights from one to the other.
● repeated physical violence or grossly abusive conduct
directed against the petitioner, a common child, or a child of ● If there is doubt, whoever alleges the death of one
the petitioner; prior to the other, shall prove the same, in the
● physical violence or moral pressure to compel the petitioner
absence, they are presumed to have died at the same
to change religious or political affiliation;
time.
● attempt of respondent to corrupt or induce the petitioner, a
common child, or a child of the petitioner, to engage in ○ No transmission of rights from one to the
prostitution, or connivance in such corruption or other
inducement;
● final judgment sentencing the respondent to imprisonment of Rule 131, Sec. 3(jj)(5) - Survivorship Rule
more than 6 years, even if pardoned; Rule 131, Sec. 3(jj)(5). That except for purposes of
● drug addiction or habitual alcoholism of the respondent;
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succession, when two persons perish in the same calamity,

3. Acceptance of the Inheritance (Article 1041-1057)
such a wreck, battle, or conflagration, and it is not shown
Article 1041
who died first, and there are no particular circumstances
from which it can be inferred, the survivorship is Article 1041. The acceptance or repudiation of the
determined from the probability resulting from the inheritance is an act which is purely voluntary and free.
strength and age of the sexes, according to the following
rules. ● Voluntary and Free Acceptance and Repudiation
1. If both were under the age of fifteen years, the a. Because acceptance and repudiation are free
older is deemed to have survived; and voluntary acts, the presence of vitiated
2. If both were above the age of sixty, the younger is consent gives rise to their revocability
deemed to have survived; b. It is more usual to accept than to repudiate,
3. If one is under fifteen and the other above sixty, the therefore while acceptance may be presumed,
former is deemed to have survived; repudiation requires formalities.
4. If both be over fifteen and under sixty, and the sex c. There can be partial acceptance and partial
be different, the male is deemed to have survived, if repudiation, since the law does not prohibit
the sex be the same, the older; this.
5. If one be under fifteen or over sixty, and the other d. Even the legitime may be repudiated
between those ages, the latter is deemed to have e. Reason for allowing repudiation: No one can
survived. be compelled to accept the generosity of
another.
● When 2 person died in the same calamity and there is f. Acceptance or repudiation cannot be made
doubt as to who died first, the survivorship shall be during the lifetime of the testator or decedent,
determined by the following: except insofar as collationable donations inter
1. Both under 15 - the older vivos and remissions are concerned.
2. Both over 60 - the younger g. The rule enunciated in Art. 1041 also applies
3. 1 is under 15 and 1 is over 60 - the under 15 to donations inter vivos and to remission of
4. Both between 15 and 60 and sex is different - debts.
the male
5. Both between 15 and 60 sex is same - the Article 1042 - Effect of acceptance and repudiation
older retroacts
6. 1 is under 15 or older 60 and 1 is between 15 Article 1042. The effects of the acceptance or repudiation
and 60 - the latter shall always retroact to the moment of the death of the
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decedent. general, without designation of particular persons or of any

community, shall be deemed limited to the poor living in the
domicile of the testator at the time of his death, unless it
Article 1043 - Must be certain of the death and of his should clearly appear that his intention was otherwise.
right
Article 1043. No person may accept or repudiate an The designation of the persons who are to be considered as
inheritance unless he is certain of the death of the person poor and the distribution of the property shall be made by
from whom he is to inherit, and of his right to the the person appointed by the testator for the purpose; in
inheritance. default of such person, by the executor; and should there be
no executor, by the justice of the peace, the mayor, and the
municipal treasurer, who shall decide by a majority of votes
● The acceptance or repudiation must be made in DUE all questions that may arise. In all these cases, the approval
TIME; therefore, the law requires two requisites of the Court of First Instance shall be necessary.
before acceptance or repudiation is done:
The preceding paragraph shall apply when the testator has
a. The heir must be CERTAIN OF THE DEATH of
disposed of his property in favor of the poor of a definite
the decedent. (may be made if the decedent is
locality.)
presumed dead)
b. The heir must be CERTAIN OF HIS RIGHT to
the inheritance. (hence, acceptance by a Who may Accept or Repudiate
legatee, when the will is void, is useless) a. Acceptance
● Mere acceptance by those in charge
Article 1044 (guardians, parents), in behalf of
incapacitated person (on incapacitated to
Article 1044. Any person having the free disposal of his dispose of his property, such as an insane
property may accept or repudiate an inheritance. man) - SUFFICIENT. (Therefore, no judicial
authorization is needed, UNLESS there be
Any inheritance left to minors or incapacitated persons
may be accepted by their parents or guardians. Parents or burdens)
guardians may repudiate the inheritance left to their wards ● An insane person cannot accept all by himself,
only by judicial authorization. unless it be proved that he acted during a
lucid interval.
The right to accept an inheritance left to the poor shall b. Repudiation
belong to the persons designated by the testator to
● Being an act of alienation, COURT APPROVAL
determine the beneficiaries and distribute the property, or
in their default to those mentioned in Article 1030. (Art. IS NEEDED.
1030. The Testamentary provisions in favor of the poor in
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Article 1045
Article 1048 - Deaf-mutes who can read and write
Article 1045. The lawful representation of corporations,
associations, institutions and entities qualified to acquire Article 1048. Deaf-mutes who can read and write may
property may accept any inheritance left to the latter, but accept or repudiate the inheritance personally or through
in order to repudiate it the approval of the court shall be an agent. Should they not be able to read and write, the
necessary. inheritance shall be accepted by their guardians. These
guardians may repudiate the same with judicial approval.
Rules for Juridical Entities
a. Acceptance Rule for Deaf-Mutes
● Does not need court approval. (because ● Acceptance - no judicial approval is required
benefit is presumed) ● Repudiation - judicial approval is required to protect
b. Repudiation the ward’s interest
● Requires court approval. (because such ● If the deaf-mute can read and write , he may accept or
approval may be demanded by public policy repudiate even without the necessity of judicial
and interest because the act can result in loss approval
of patrimony)
Article 1049 - Acceptance
Article 1046
Article 1049. Acceptance may be express or tacit.
Article 1046. Public official establishments can neither
accept nor repudiate an inheritance without the approval An express acceptance must be made in a public or private
of the government. document.

A tacit acceptance is one resulting from acts by which the

Public Official Establishment intention to accept is necessarily implied, or which one
● Both Acceptance and repudiation would have no right to do except in the capacity of an heir.
○ Court approval is needed
Acts of mere preservation or provisional administration do
Article 1047 not imply an acceptance of the inheritance if, through such
acts, the title or capacity of an heir has not be assumed.
Article 1047. A married woman of age may repudiate an
inheritance without the consent of her husband.
Repudiation can only be done expressly.

Reason: because an inheritance received during the marriage Kinds of Acceptance

is a separate property and not considered conjugal.
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a. Express (Art. 1049) - must be made in a public or
made in a public or authentic instrument, or by petition
private document presented to the court having jurisdiction over the
b. Implied or Tacit (Art. 1049) - through actions which testamentary or intestate proceedings.
one would have no right to do except in the capacity
of an heir
How Repudiation is Made:
c. Presumed (Art. 1067) - if within 30 days after the
a. By a public instrument;
court has issued an order for the distribution of the
b. By an authentic (genuine, not forged) instrument; or
estate, the people concerned have not signified their
c. By a petition to the court having jurisdiction over the
acceptance or repudiation.
testamentary or intestate proceedings but must be
presented within 30 days from order of court for the
● Acts of mere preservation do not necessarily imply an
distribution of the estate, otherwise this is deemed to
acceptance. But neither do they signify a repudiation.
be an acceptance.

Article 1050 - Implied Acceptance

Repudiation must be made expressly because:
Article 1050. An inheritance is deemed accepted: a. It is an act of disposing of property rights
b. It is unnatural and resultantly disturbs juridical
1. If the heirs sells, donates, or assigns his right to a relations
stranger, or to his co-heirs, or to any of them;
c. Creditors of the renouncer should be more or less
2. If the heir renounces the same, even through
gratuitously, for the benefit of one or more of his informed, hence the need for an express renouncing
co-heirs;
3. If he renounces it for a price in favor of all his co- Article 1052 - When Creditors may Accept
heirs indiscriminately; but if this renunciation
Article 1052. If the heir repudiates the inheritance to the
should be gratuitous, and the co-heirs in whose
prejudice of his own creditors, the latter may petition the
favor it is made are those upon whom the portion
court to authorize them to accept it in the name of the heir.
renounced should devolved by virtue of accretion,
the inheritance shall not be deemed accepted.
The acceptance shall benefit the creditors only to an extent
sufficient to cover the amount of their credits. The excess,
Par 1 and 2, must follow the rules on donation should there be any, shall in no case pertain to the
Par 3, must follow rules on sale, assignment renouncer, but shall be adjudicated to the persons to
whom, in accordance with the rules established in this
Code, it may belong.
Article 1051 - Repudiation
Article 1051. The repudiation of an inheritance shall be
When Creditors May Accept:
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a. While rights may be waived, still waiver cannot be
Article 1054. Should there be several heirs called to the
allowed, if among other things, it is prejudicial to a inheritance, some of them may accept and the others may
3rd person with a right recognized by law. repudiate.
b. The creditors do not accept in their own name; they
accept in the name of the heir (or devisee or legatee)
Article 1055
c. The creditor cannot accept everything that has been
repudiated, they can accept only to the extent they Article 1055. If a person, who is called to the same
have been prejudiced. inheritance as an heir by will and ab intestato, repudiates
the inheritance in his capacity as a testamentary heir, he is
d. Even if the creditors accept everything that has been
understood to have repudiated it in both capacities.
repudiated, the renouncing heir is not considered as
having accepted - he is still a renouncer, and cannot Should he repudiate it as an intestate heir, without
therefore be represented. knowledge of his being a testamentary heir, he may still
accept it in the latter capacity.
Rule if Creditors will Not be Prejudiced:
a. If the heir still has enough properties of his own to Reason for Repudiation as Testamentary Heir
cover his debts. ● The heir does not seem to appreciate the generosity
b. If the creditors became creditors only after the of the testator, therefore deemed to be not worthy to
repudiation. receive his intestate share.

Article 1053 - When the Right to Accept or Repudiate is Reason for Repudiation as Intestate Heir
Transmitted to Heirs of the Heir ● It is always possible that the heir may respect the
Article 1053. If the heir should die without having accepted express will of the testator and would not desire to
or repudiated the inheritance his right shall be deemed see the wishes of the testator unfulfilled.
transmitted to his heirs.
Query: If he repudiates it as an intestate heir, knowing that he
There is no real representation in Art. 1053. See book p.588 is also a testamentary heir, may the heir still accept in his
capacity as testamentary heir?
If the heir is a voluntary heir, his heirs are not inheriting by
representation by inheriting in their own right as heir of the A: Yes, despite the literal wording of the law, it is believed
voluntary heir. that the answer is yes, in view of fulfilling the wishes of the
testator.
Article 1054
Article 1056
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Article 1056. The acceptance or repudiation of an

inheritance, once made, is irrevocable, and cannot be 1. Testamentary;
impugned, except when it was made through any of the 2. Legal or intestate; or
causes that vitiate consent, or when unknown will appears. 3. Mixed.

GR: Once an acceptance or repudiation is made, it is 1. Testamentary

irrevocable (reason: to avoid confusion and instability of Article 779
rights)
Article 779. Testamentary succession is that which results from
the designation of an heir, made in a will executed in the form
Exceptions: prescribed by law.
a. When the acceptance or repudiation was made
through any of the cause that vitiate consent:
Some Rules for Testamentary Succession
i. Mistake
a. Testamentary succession may be done through a will or
ii. Violence
through a codicil (supplementary to a will; similar but not
iii. Intimidation
identical).
iv. Undue influence
b. The will or codicil may be:
v. Fraud (Art. 1330)
i. Notarial (ordinary, attested, or acknowledged)
b. When an unknown will appears
ii. Holographic (handwritten by the testator from the
beginning to end, complete with date and signature)
Article 1057
c. In case of doubt, testamentary succession is preferred to legal
Article 1057. Within thirty days after the court has issued or intestate succession (Art. 791)
an order for the distribution of the estate in accordance
with the Rules of Court, the heirs, devisees and legatees 2. Legal or Intestate
shall signify to the court having jurisdiction whether they
Article 960
accept or repudiate the inheritance.
Article 960. Legal or intestate succession takes place:
If they do not do so within that time, they are deemed to
have accepted the inheritance. 1. If a person dies without a will, or with a void will, or one
which has subsequently lost its validity;
2. When the will does not institute an heir to, or dispose of all
G. Kind of Succession (Article 778) the property belonging to the testator. In such case, legal
Article 778 succession shall take place only with respect to the
Article 778. Succession may be: property of which the testator has not disposed;
3. If the suspensive condition attached to the institution of
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heir does not happen or is not fulfilled, or if the heir dies Article 780. Mixed succession is that effected partly by will and
before the testator, or repudiates the inheritance, there partly by operation of law.
being no substitution, and no right of accretion takes place;
4. When the heir instituted is incapable of succeeding, except
in cases provided in this Code. 4. Contractual (Articles 130, 1347, 752; Article 84 Family Code)
Article 130 FC
Legal Succession
● That kind of succession prescribed by the law (and presumed Article 130. Upon the termination of the marriage by death, the
by it to be the desire of the deceased), which takes place conjugal partnership property shall be liquidated in the same
proceeding for the settlement of the estate of the deceased.
when the express will of the decedent has not been set down
in a will. If no judicial settlement proceeding is instituted, the surviving
a. Without a will; spouse shall liquidate the conjugal partnership property either
b. With a void will; judicially or extra-judicially within one year from the death of the
● Before intestate heirs can inherit on the deceased spouse. If upon the lapse of the six month period no
ground that the will is void, there must first liquidation is made, any disposition or encumbrance involving the
be a declaration of the nullity of the will or a conjugal partnership property of the terminated marriage shall be
void.
positive disallowance of a will.
c. With a will but subsequently lost its validity. Should the surviving spouse contract a subsequent marriage
d. When the will does not institute an heir; without compliance with the foregoing requirements, a mandatory
e. When the will does not dispose of all the property regime of complete separation of property shall govern the
belonging to the testator; property relations of the subsequent marriage.
● Legal succession shall take place only with
respect to the property of which the testator Article 1347
has not disposed.
Article 1347. All things which are not outside the commerce of
f. If the suspensive condition attached to the institution
men, including future things, may be the object of a contract. All
does not happen or is not fulfilled; rights which are not intransmissible may also be the object of
g. If the heir dies before the testator; contracts.
h. If the heir repudiates the inheritance, and there is no
substitution or right of accretion; or No contract may be entered into upon future inheritance except in
i. When the heir instituted is incapable of succeeding. cases expressly authorized by law.

All services which are not contrary to law, morals, good customs,
3. Mixed
public order, or public policy may likewise be the object of a
Article 780 contract.
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Article 752
Article 752. The provisions of Article 750 notwithstanding, no
person may give or receive, by way of donation, more than he may
give or receive by will.

The donation shall be inofficious in all that it may exceed this

limitation.

Article 84, FC
Article 84. If the future spouses agree upon a regime other than
the absolute community of property, they cannot donate to each
other in their marriage settlements more than one-fifth of their
present property. Any excess shall be considered void.

● If not Absolute Community of Property

○ They cannot donate more than ⅕ of their present
property.
■ Excess is considered VOID.

5. Compulsory
● It is a succession to the legitime.
● It is compulsory for the testator to give his compulsory heirs
their legitime.
○ Legitime, also known as a forced share or legal right
share, of a decedent's estate is that portion of the
estate from which he cannot disinherit his children,
or his parents, without sufficient legal cause.
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TESTAMENTARY SUCCESSION * Under Anglo-American law
Testament Will
II. WILLS
Disposes of personal property Disposes of real property
A. Definition (Article 783)
Article 783 - Wills Oral Conveyances
● The consistent jurisprudence in the Philippine has recognized
Article 783. A will is an act whereby a person is permitted, with
the formalities prescribed by law, to control to a certain degree the oral contracts as valid and efficacious to bring about partition
disposition of his estate, to take effect after his death. of a decedent’s estate among his heirs
○ Provided such partition does not affect the interest of
third persons.
● With formalities prescribed by law;
● Control to a certain degree of disposition
● Take effect after death B. Characteristics (Articles 783, 839(3)(4), 828, 796-798,
777, 818, 784-787)
Essential Elements and Characteristics of a Will Article 783
a. It is a statutory right (not a natural right); Article 783. A will is an act whereby a person is permitted, with
b. It is a unilateral act; the formalities prescribed by law, to control to a certain degree the
c. It is a solemn or formal act; disposition of his estate, to take effect after his death.
d. There must be animus testandi (intent to make a will);
e. The testator must be capacitated to make a will. (Arts. 796- Article 839(3)(4)
798);
Article 839(3)(4). The will shall be disallowed in any of the
f. The will is strictly a personal act in all matters that are
following cases:
essential (Art. 784);
g. It is effective mortis causa; (3) If it was executed through force or under duress, or the
h. It is essentially revocable or ambulatory (Art. 828); influence of fear, or threats.
i. It is free from vitiated consent; (4) If it was procured by undue and improper pressure and
j. It is an individual act; influence, on the part of the beneficiary or of some other person.
k. It disposes of the testator’s estate in accordance with his
wishes (to a certain degree, because legitimes are reserved Ground for Undue and Improper Pressure and Influence
for compulsory heir) ● Undue influence - coercion by virtue of which the judgment of
the testator id displaced, and he is induced to do that which
he otherwise would not have done.
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● He alleges undue influence must prove the same. Distinction Between Revocation and Disallowance or Nullity
● Making the mistress the heir of the entire free portion does
Revocation Disallowances or Nullity
not connote undue influence
● Inequality in distributing the estate is not evidence of undue Voluntary act of the testator Given by judicial order
influence. (it is normal for a person to favor some of his
relatives more than other relatives) With or without cause Must always be for a legal cause
● Failure to revoke the will when there was opportunity to do May be partial or total Always total (except when the
so, is proof that there was no undue influence. ground is fraud or undue
● If undue influence has vitiated only some of the dispositions, influence, affects only certain
the rest should be considered valid. portions of the will)
● Quarrel between relatives giving rise to exclusion from will
proves that there is no undue influence. Article 828 - Revocation of Will before the Death of the Testator
● The presumption that undue influence exists from the fact
Article 828. A will may be revoked by the testator at any time
that the beneficiary participates in the drafting or execution
before his death. Any waiver or restriction of this right is void.
of the will favoring him, is of no consequence.

Ground of Fraud Revocability of Will

● Fraud - the use of insidious machinations to convince a a. Until the death of the testator, a will is ambulatory and
person to do what ordinarily he would not have done. revocable, as the will concerns a disposition of properties and
○ There must be intent to defraud. rights effective after death.
○ The intent, and the nature of the fraud, must be b. The heirs do not acquire any vested right to the disposition in
proved of course. a will until after the testator’s death.
● Fraud in contract renders it voidable; In a will, it will render c. Provisions in a will which are ordered to be effected
in VOID immediately are valid provided that they comply with the
● When the beneficiary is the person who prepared or drafted formalities and requisites of law on donations, but they are
the will, a suspicion is created that fraud or undue influence not really testamentary dispositions.
was exercised.
○ It can be thrown aside, of the court is fully convinved ● A codicil made after the execution of the will may be
that the document expresses the true will of the presented for probate even after a judgment had become
testator. final and executory since the codicil may have revoked
expressly or impliedly the will, and it is well-known that a
will is essentially revocable.
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○ However, if he be less than 18, his will should be
Article 796 - Who can make a will? considered void not merely voidable, regardless of
whether parents’ consent has been obtained.
Article 796. All persons who are not expressly prohibited by law
may make a will.
Article 798 - Soundness of Mind

a. The general rule is CAPACITY. It is incapacity that is the Article 798. In order to make a will it is essential that the testator
exception. be of sound mind at the time of its execution.
b. Two general qualifications:
i. 18 years old or over; ● It must exist that the time of the execution of the will, not
ii. Soundness of mind at the time the will is made. before nor after.
c. A convict under civil interdiction can make a will. The
prohibition is only against disposition of property inter vivos, Article 799 - Requisites for Soundness of Mind
not mortis causa.
Article 799. To be of sound mind, it is not necessary that the
d. Spendthrifts and prodigals, even guardianship, can make a testator be in full possession of all his reasoning faculties, or that
will (provided at least 18 years old) his mind be wholly unbroken, unimpaired, or unshattered by
e. All persons should mean only natural persons and does not disease, injury, or other cause.
include juridical ones (i.e., corporations) since there is a
requirement of sound mind It shall be sufficient if the testator was able at the time of making
f. Capacity to make a will is called “testamentifaccion active”, the will to know the nature of the estate to be disposed of, the
proper objects of his bounty, and the character of the testamentary
whereas capacity to inherit or receive by will is
act.
“testamentifaccion passive”.

Article 797 - Persons under 18 years old a. It is not necessary that the testator be in full possession of all
his reasoning faculties or that his mind be wholly unbroken
Article 797. Persons of either sex under eighteen years of age by disease, injury, or other cause;
cannot make a will.
b. It shall be sufficient that testator knows the:
i. Nature of the estate to be disposed of (character,
● The age of 18 has been fixed for at this age, individual is ownership of what he is giving);
generally no longer subject to fraud, influence, or insidious ii. Proper objects of his bounty (by persons who for
machinations. some reason expect to inherit something from him -
● An individual, though minor, may still make a will and the like his children); and
consent of his parents is not required.
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iii. Character of the testamentary act (that it is really a 2 Instances When the Testator is Presumed Insane
will; that it is a disposition mortis causa; that it is a. If the testator, one month or less before making the will was
essentially revocable) publicly known to be insane
b. If the testator made the will after he had been judicially
How Unsoundness of Mind is Manifested declared insane, and before such judicial order had been set
a. Religious delusion resulting in the unsettling of judgment aside.
b. Blind extraordinary belief in spirits while executing a will
c. Monomania (insanity on a single subject) - if this happens to Absence of Presumption
be on the subject of wills or succession ● No presumption of insanity arises from:
d. Insane delusions - belief in things which no rational mind a. The presence of a mere delirium, since this is
would belive to exit temporary, nor from intoxication, for the same reason
e. Drunkenness if this results in failure to know the nature of b. The insanity of the parents and children of the
the testamentary act testator.
f. Idiocy - congenital intellectual deficiency
g. A comatose state, resulting from hypertension and cerebral Evidence of Soundness of Mind
thrombosis, and preventing the testator from talking or ● The attesting or subscribing witnesses’ testimony as to the
understanding mental condition of the testator should be given great weight
h. Stage of delirium and should prevail over that given by a non-attending
physician who merely speculates.
Article 800 - Presumption on Soundness of Mind ○ However, the physician should be believed if he was
constantly near the testator, and if he actually saw the
Article 800. The law presumes that every person is of sound mind,
in the absence of proof to the contrary. latter on the date of execution.

The burden of proof that the testator was not of sound min at the Article 777 - Moment of Death of the Decedent
time of making his disposition is on the person who opposes the
probate of the will; but if the testator, one month or less, before Article 777. The rights to the succession are transmitted from the
making his will was publicly known to be insane, the person who moment of the death of the decedent.
maintains the validity of the will must prove that the testator made
it during a lucid interval. Article 818 - Prohibition on Joint Will or in the same instrument
Article 818. Two or more persons cannot make a will jointly, or in
GR: Sanity the same instrument, either for their reciprocal benefit or for the
EXC: Insanity benefit of a third person.
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Joint Wills
be left in whole or in part to the discretion of a third person, or
● Those which contain in one instrument the will of two or accomplished through the instrumentality of an agent or attorney.
more persons jointly signed by them
● VOID
● The mechanical act of drafting may be entrusted to another,
● A probrated joint will which attained finality is VALID.
as long as the disposition itself expresses the testator’s
Although erroneous
desires, and all the formalities of the law are complied with,
such as the signing by the testator and the witnesses (in case
Reciprocal or Mutual Will
of notarial will), or the copying by the testator in his own
● They are those that provide that the survivor of the testator
handwriting (in the case of holographic will)
will succeed to all or some of the properties of the decedent
● It is advisable to employ an attorney for if an attorney drafts
● VALID
a will and is present at the time of its execution, there is a
strong presumption that the will was regularly made.
Reasons Why Joint Wills are VOID
a. To allow as much as possible SECRECY, a will being purely
Article 785 - What cannot be left to the discretion of a 3rd person
personal act
b. The prevent undue influence by the more aggressive testator Article 785. The duration or efficacy of the designation of heirs,
on the other devisees or legatees, or the determination of the portions which
c. In case of death of the testators at different times, probate they are to take, when referred to by name, cannot be left to the
discretion of a third person.
would be harder
d. It militates against the right of a testator to revoke his will at
any time. Article 786 - What may be entrusted to a 3rd person
e. In case of a H & W, one may be tempted to kill the other Article 786. The testator may entrust to a third person the
distribution of specific property or sums of money that he may
Wills that are NOT Joint Wills leave in general to specified classes or causes, and also the
a. Those made on a single sheet of paper, the first on the front, designation of the persons, institutions or establishments to which
and the second on the reverse side such property or sums of money are to be given or applied.
b. Those made even on the same page with or without a
dividing line between them, but neither combining the Article 785 - the names of particular persons are given
signature of BOTH together. Even if same witnesses are used. Article 786 - a class or a cause is what is specified

Article 784 - Personal act of the testator Article 787 - Non-Determination by Third Persons
Article 784. The making of a will is a strictly personal act; it cannot Article 787. The testator may not make a testamentary disposition
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in such manner that another person has to determine whether or declarations.

not it is to be operative.
Kinds of Ambiguity in a Will
C. Interpretation of Wills (Articles 788-794, 930) a. Latent or Intrinsic Ambiguity (first clause)
Article 788 - Interpretation in favor of it being operative ● That which does not appear on the face of the will,
Article 788. If the testamentary disposition admits of different and is discovered only by extrinsic evidence
interpretations, in case of doubt, that interpretation by which the ○ I.e., “i institute by brother-in-law” and it was
disposition is to be operative shall be preferred. discovered that he has 2 brothers-in-law
● This kind of ambiguity arises:
1. When there is an imperfect description of the
Possible Different Interpretations
heir, legatee, or devisee;
a. This rule is similar to the rule in the interpretation of laws or
2. When there is an imperfect description of the
contracts
gift being given;
b. The reason is that testate succession, provided the will is
3. When only one receipient is designated but it
valid, is preferred to intestacy
turns out that there are two or more who fit
c. The provision applies only in case of DOUBT. If no doubt
the description.
exists, and the disposition is clearly illegal, same should not
b. Patent or Extrinsic Ambiguity (second clause)
be given effect.
● That which appears on the face of the will itself; in
other words, by examining the provision itslef, it is
The Fixed Law of Interpretation
evident that it is not clear
● The intention and desires of the testator if clearly expressed
in the will, constitute the fixed law if its interpretation.
How to Cure Ambiguity?
● Latent or Intrinsic Ambiguity
Article 789 - Interpretation in case there is an Imperfect Description
○ By examining:
Article 789. When there is an imperfect description, or when no ■ The will itself
person or property exactly answers the description, mistakes and ■ Extrinsic evidence such as written
omissions must be corrected, if the error appears from the context
declarations of the testator
of the will or from extrinsic evidence, excluding the oral
declarations of the testator as to his intention; and when an ● Patent or Extrinsic Ambiguity
uncertainty arises upon the face of the will, as to the application of ○ By examining:
any of its provisions, the testator’s intention is to be ascertained ■ The will itself
from the words of the will, taking into consideration the ■ Extrinsic evidence such as written
circumstances under which it was made, excluding such oral declarations of the testator
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Article 790 - Ordinary and Technical Words
made.
Article 790. The words of a will are to be taken in their ordinary
and grammatical sense, unless a clear intention to use them in
Article 793 - Properties acquired after the execution of the will
another sense can be gathered, and that other can be ascertained.
Article 793. Property acquired after the making of a will shall only
Technical words in a will are to be taken in their technical sense, pass thereby, as if the testator had possessed it at the time of
unless the context clearly indicates a contrary intention, or unless making the will, should it expressly appear by the will that such
it satisfactorily appears that the will was drawn solely by the was his intention.
testator, and that he was unacquainted with such technical sense.
Article 794 - Interest in Devise and Legacy
GR:
Article 794. Every devisee or legacy shall convey all the interest
● Words of the will shall be taken in their ordinary and
which the testator could devise or bequeath in the property
grammatical sense disposed of, unless it clearly appears from the will that he
● Technical words are to be taken in their technical sense intended to convey a less interest.

EXC:
● Unless different intention by the testator can be gathered.
● Unless the testator does not mean for it to be taken in their
technical sense and that he was unacquainted with such
technical sense.

Article 791 - Interpretation to give every expression some effect

Article 791. The words of a will are to receive an interpretation
which will give to every expression some effect, rather than one
which will render any of the expressions inoperative; and of two
modes of interpreting a will, that is to be preferred which will
prevent intestacy.

Article 792 - Invalidity of one of several dispositions

Article 792. The invalidity of one of several dispositions contained
in a will does not result in the invalidity of the other dispositions,
unless it is to be presumed that the testator would not have made
such other dispositions if the first invalid disposition had not been
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III. TESTAMENTARY CAPACITY AND INTENT time of making his dispositions is on the person who opposes the
probate of the will; but if the testator, one month, or less, before
A. Who May Make A Will? (Articles 796-803) making his will was publicly known to be insane, the person who
Article 796 - All persons may make a will maintains the validity of the will must prove that the testator made
it during a lucid interval.
Article 796. All persons who are not expressly prohibited by law
may make a will.
Article 801 - Supervening Incapacity or Capacity

Article 797 - Persons under 18 Article 801. Supervening incapacity does not invalidate an
effective will, nor is the will of an incapable validated by the
Article 797. Persons of either sex under eighteen years of age supervening of capacity.
cannot make a will.

Article 802 - Married woman without the consent of husband

Article 798 - Sound mind of the testator
Article 802. A married woman may make a will without the
Article 798. In order to make a will it is essential that the testator consent of her husband, and without the authority of the court.
be of sound mind at the time of its execution.

Article 803 - Separate property and share in CP/ACP of a married

Article 799 woman
Article 799. To be of sound mind, it is not necessary that the Article 803. A married woman may dispose by will of all her
testator be in full possession of all his reasoning faculties, or that separate property as well as her share of the conjugal partnership
his mind be wholly unbroken, unimpaired, or unshattered by or absolute community property.
disease, injury or other cause.

It shall be sufficient if the testator was able at the time of making B. Supervening Incapacity (Article 801)
the will to know the nature of the estate to be disposed of, the Article 801 - Supervening Incapacity
proper objects of his bounty, and the character of the testamentary
act. Article 801. Supervening incapacity does not invalidate an
effective will, nor is the will of an incapable validated by the
supervening of capacity.
Article 800 - Presumption of soundness of mind
Article 800. The law presumes that every person is of sound mind,
in the absence of proof to the contrary.

The burden of proof that the testator was not of sound mind at the
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IV. SOLEMNITIES OF WILLS Advantages Disadvantages

A. Kinds of Wills (Article 804, 810) a. Easier to make a. Easier to forge by

a. Ordinary or Notarial Will b. Easier to revise expert falsifiers
c. Easier to keep secret b. Easier to
● That which requires, among other things, an
misunderstand since
(1)attestation clause, and (2)acknowledgement the testator may have
before a notary public been faulty in
expressing his last
b. Holograph or Holographic Will wishes
● The most important feature of which is its being c. No guaranty that there
written entirely, from the (i)date to the (ii)signature, were no fraud, force,
intimidation, undue
in the handwriting of the testator. Here, neither an
influential and no
attestation clause nor an acknowledgement before a guaranty regarding
notary public is needed. testator’s soundness of
mind.
Article 804 - Form and Language
Every will must be in writing and executed in a language or dialect Formalities for a Holographic Will
known to the testator. a. The language must be known to the testator. (therefore, it is
not sufficient that it be interpreted to him)
Article 810 - Holographic Will b. The will must be entirely written in the hand of the testator
himself. (Therefore, if it is typewritten, printed, or
A person may execute a holographic will which be entirely written, mimeographed, it is void; if the testator has no hands, but can
dated, and signed by the hand of the testator himself. If it is subject
write with his foot, it is valid since what the law requires is a
to no other form, and may be made in or out of the Philippines, and
need not be witness. personal distinctiveness.)
c. The will must be DATED. (if not dated, will is void)
d. The will must be SIGNED by the testator himself.
Holographic Will
e. There must be animus testandi (a will in the form of a letter is
● One entirely written, dated, and signed by the hand of the
valid, however, a letter which incidentally contains
testator.
testamentary dispositions or probable property dispositions
cannot be considered a valid holographic will)
f. It must be executed at the time that holographic wills are
allowed, not before, the time of death being immaterial.
Other Features of the Holographic Will
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a. No witnesses are required; ● They are usually helpful in the examination of forged
b. No marginal signatures on the pages required; documents
c. No acknowledgement is required; ● resort to these experts is not mandatory or
d. In case of any insertion, cancellation, erasure, or alteration, indispensable to the examination or the comparison
the testator must authenticate the same by his full signature; of handwriting
e. May be made in or out of the Philippines, even by Filipinos; ● The judge must still conduct an independent
f. May be made even by a blind testator, as long as he is literate, examination of the questioned signature in order to
at least 18, and possessed of a sound mind. arrive at a reasonable conclusion as to its
g. Another person may draft the will and then to be copied by authenticity.
the testator in his own handwriting. ● The opinions of the experts are not binding upon the
courts.
Function of a Probate Court in a Holographic Will
● To settle and liquidate the estates of deceased person s either Signature
(1)summarily or through the (2)process of administration. ● It is very rare that two specimens of a person’s
signature are exactly alike.
B. Notarial Wills ● Under Rules on Electronic Evidence, an authenticated
a. General Requirements (Article 804) E-Signature or a digital signature is admissible in
evidence as the functional equivalent of the signature
Article 804 of a person on a written document.

Every will must be in writing and executed in a language or

dialect known to the testator. b. Specific Requirements (Articles 805, 806)

Article 805 - Notarial Wills

Handwriting
● This may be proved by any witness who believes it to Every will, other than a holographic will, must be
be the handwriting of such person because: subscribed at the end thereof by the testator himself or by
the testator’s name written by some other person in his
1. he has seen the person write, or
presence, and by his express direction, and attested and
2. has seen writing purporting to be his subscribed by three or more credible witnesses in the
upon which the witness has acted or been charged, presence of the testator and of one another.
and has, thus acquired knowledge of the handwriting
of such person. The testator or the person requested by him to write his
name and the instrumental witnesses of the will, shall also
sign, as aforesaid, each and every page thereof, except the
Handwriting Experts
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witnesses’ undertakings in the clause, since the
last, on the left margin, and all the pages shall be numbered
correlatively in letters place on the upper part of each page. signatures that do appear on the page were directed
towards a wholly-different crowd.
The attestation shall (1)state the number of pages used ● It is the attestation clause which contains the
upon which the will is written, and (2)the fact that the utterances reduced into writing of the testamentary
testator signed the will and every page thereof, or cause witnesses themselves - it is the witnesses, and not the
some other person to write his name, under his express testator, who are required to state the number of pages
direction, in the presence of the instrumental witnesses,
used upon which the will was written.
and (3)that the latter witnessed and signed the will and all
the pages thereof in the presence of the testator and of one
another. Requirements for a Notarial or Ordinary Will
a. Must be in WRITING;
If the attestation clause is in a language not known to the b. Must be executed in a language or dialect known to
witnesses, it shall be interpreted to them. the testator;
c. Must be subscribed (signed) at the end thereof by the
● Attestation testator himself or by the testator’s name written by
○ Consists in witnessing the testator’s execution another person in his presence, and by his express
of the will in order to see and take note direction;
mentally that those things are done which the ● If not signed at the end but somewhere else, it
statute requires for the execution of a will and is not valid;
that the signature of the testator exists as a ● Can be a thumbprint or with his initial or even
fact. with a rubber stamp or an engraved dye,
○ Act of the senses provided he intends the same to be his
● Subscription signature;
○ The signing of the witnesses’ names upon the ● Even if a person knows how to write his
same paper for the purpose of identifying name, he can still sign by the use of a mark;
such paper as the will which was executed by ● The writer of the testator’s name should not
the testator. be one of the three witnesses;
○ Act of the hand ● The person signing for the testator does not
have to put his own name;
Notes: ● If the person who signs the name of the
● Even if the instrumental witnesses signed the left- testator is one of the subscribing witnesses,
hand margin of the page containing the unsigned the will is still valid;
clause, such signatures cannot demonstrate there
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● An express direction may be given by the subscribing witnesses, or any other
testator even without using words - mere casualty, they may still be proved.
clear gestures or motions or conduct is 2. To render available proof that there
sufficient. has been a compliance with the
d. Must be attested and subscribed by three or more statutory requisites for the execution
credible witnesses in the presence of the testator and of the will
of one another 3. To minimize the commission of fraud
e. The testator or the person requested by him to write or undue influence
his name, and the instrumental witnesses of the will
shall sign each and every page thereof except the last, Other Notes:
on the left margin. ● It is not essential that the contents of the will are read
f. All the pages shall be numbered correlatively in to the witnesses. What is being acknowledged by
letters placed on the upper part of each page them is not the will but the attestation clause.
● Purpose: to guard against fraud, and to afford ● It is not necessary that the notarial will be dated.
means of preventing substitution or of ● It is not essential to state the place where the will is
detecting the loss of any of its pages. being made or executed.
g. The attestation clause shall provide: ● It is not essential to state in the attestation clause that
i. The number of pages used - upon which the the person delegated by the testator to sign in his
will is written; behalf did so in the presence of the testator. It is
ii. That the testator signed (or expressly caused enough that this happened.
another person to sign) the will and every ● Absence of documentary stamp on a will is not a fatal
page thereof in the presence of the defect.
instrumental witnesses; ○ The probate court can require the proponent
iii. That the instrumental witnesses witnessed of the will to affix the needed stamp to the
and signed the will and all the pages thereof in acknowledgement of said will.
the presence of the testator and of one
another; Article 806 - Acknowledgement of Will
Every will must be acknowledged before a notary public by
Purposes of the Attestation Clause the testator and the witnesses. The notary public shall not
1. To preserve the permanent form a be required to retain a copy of the will, or file another with
record of the facts attending the the office of the Clerk of Court.
execution of the will so that in case of
failure of the memory of the
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● This article only refers to notarial wills, not of one another. Presence of one another is required
holographic wills, as evident by the requirement that only in attestation.
the acknowledgement is by the testator and the d. A notarial will is not a public instrument, although
witnesses. acknowledged. Evident from the fact that the notary
● The acknowledgement coerces the testator and the public is not required to retain a copy or file another
instrumental witnesses to declare before the officer with the Office of the Clerk of Court.
of the law that they had executed and subscribed to
the will as their own free act or deed. c. Witnesses to a Will
i. Who are Competent (Articles 820, 821, 824)
Acknowledgment
● The act of one who has executed a deed in going Article 820 - Qualifications for Witnesses
before some competent officer or court and declaring
Any person of (1)sound mind and of the (2)age of eighteen
it to be his act or deed. years or more, and (3)not blind, deaf, or dumb, and (4)able
● The signor actually declares to the notary that the to read and write, may be a witness to the execution of a
executor of the document has attested to the notary will mentioned in Article 805 of this Code.
that the same is his own free act and deed.
Qualifications for Witnesses to Notarial Wills
Jurat a. Be of sound mind (Art. 820);
● That part of an affidavit whereby the notary certifies b. Be at least 18 years old (Art. 820);
that before him, the document was subscribe and c. Be able to read and write (Art. 820);
sworn by the executor. ● NOTE: it is not required that the witness have
to speak and write the language the will was
Intervention of the Notary Public written since he does not even need to know
a. Notary public does not have to be present at the the contents of the will. He does not even need
execution of the will. to know the language in which the attestation
b. Notary public is not required and not allowed to read was written, it is sufficient that it be translated
the will, or to know the contents of the will, unless the to him.
testator permits him to do so. The notary public is not d. Not be blind, deaf, or dumb (Art. 820);
the one acknowledging the will, it is he before whom e. Be domiciled in the Philippines (Art. 821);
it is acknowledged. ● Domicile means place of habitual residence,
c. The testator and the instrumental witnesses does not does not need to be a citizen.
have to make the acknowledgement in the presence
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f. Not have been convicted by a final judgment for ii. Supervening Incompetency (Article 822)
falsification of a document, perjury, or false
testimony. (Art. 821) Article 822 - Supervening Incompetency
If the witnesses attesting the execution of a will are
Article 821 - Disqualifications for Witnesses competent at the time of attesting, their becoming
The following are disqualified from being witnesses to a subsequently incompetent shall not prevent the allowance
will: of the will.

1. Any person not domiciled in the Philippines; iii. Competency of Interested Witness (Article 823)
2. Those who have been convicted of falsification of a
document, perjury or false testimony.
Article 823 - Witnesses Cannot Inherit

Why is there a Requirement of Domicile If a person attests the execution of a will, to whom or to
whose spouse or parent, or child, a devise or legacy is given
a. It is an assurance that the witness will be available at
by such will, such devise or legacy shall, so far only as
the time the will is presented for probate; concerns such person, or spouse, or parent, or child of such
b. The likeness of personal acquaintance with the person, or any one claiming under such person or spouse,
testator. (greater credibility as a witness on the or parent, or child, be void, unless there are three other
soundness of mind of the testator) competent witnesses to such will. However, such person so
attesting shall be admitted as a witness as if such devisee
Rules on Convicted Witnesses or legacy had not been made or given.
● Conviction of other crimes not enumerated cannot be
said to be a disqualification. Witnesses Cannot Inherit
a. Only the part appertaining to the incapacitated to
Article 824 - Creditors as Witnesses inherit should be considered void.
b. The disqualification extends to:
A mere charge on the estate of the testator for the payment
of debts due at the time of the testator’s death does not i. The witness;
prevent his creditors from being competent witnesses to ii. The spouse of the witness;
his will. iii. The parent of the witness;
iv. The child of the witness;
v. Anyone claiming the right of said witness,
Creditors as Witnesses
spouse, parent, or child.
● While a creditor who acts as a witness is disqualified
to inherit, he is qualified to receive his credit.
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Effect if Witness is a Compulsory Heir Rules When Testator is Blind
● The heir is still entitled to the legitime. The a. The will must be read to him twice:
prohibition is only to the free portion, since what the i. Once by one of the subscribing witness,
law prevents is the possibility of undue influence. ii. Once by the notary public.
b. Although it is not required, it would be advisable if
the testator sign the will in the presence of the notary
d. Special Requirements for Deaf, Deaf-Mute and Blind public for better protection of the testator.
Testators (Articles 807-808) c. If the testator is blind and deaf or deaf-mute, he may
not make a will, unless in some way, the contents
Article 807 thereof may properly be communicated to him in
accordance with the legal requirements.
If the testator be deaf, or a deaf-mute, he must personally
read the will, if able to do so; otherwise, he shall designate
two persons to read it and communicate to him, in some e. Substantial Compliance (Article 809)
practicable manner, the contents thereof.
Article 809
Rules When Testator is Deaf or a Deaf-Mute In the absence of bad faith, forgery, or fraud, or undue
a. If he is illiterate, 2 persons must communicate its influence and improper pressure and influence, defects and
contents to him imperfections in the form of attestation or in the language
i. The 2 persons designated need not be the used therein shall not render the will invalid if it is
provided that the will was in fact executed and attested in
attesting witnesses
substantial compliance with all the requirements of Article
b. The fact that the will had been read to the testator, 805.
need not be stated in the attestation, and that it is
sufficient if this fact is proved during the probate
Effect of Substantial Compliance
proceedings.
a. This provides that as long as the purpose sought by
the attestation clause is obtained, the same should be
Article 808 - When the Testator is Blind
considered valid.
If the testator is blind, the will shall be read to him twice, i. The reason is that the solemnities
(1)once, by one of the subscribing witnesses, and again, surrounding the execution of a will are
(2)by the notary public before whom the will is
intended to protect the testator from all kinds
acknowledged.
of fraud and trickery but are never intended
to be so rigid and inflexible as to destroy the
testamentary privilege.
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b. Note, however, that the law speaks not of defects of Signature
substance but defects and imperfections ● It is very rare that two specimens of a person’s
i. In the form of attestation, or signature are exactly alike.
ii. In the language used therein. ● Under Rules on Electronic Evidence, an authenticated
c. Defects on the will must be cured only by evidence E-Signature or a digital signature is admissible in
within the will itself, not extrinsic evidence. evidence as the functional equivalent of the signature
of a person on a written document.
C. Holographic Wills
a. General Requirements (Article 804) b. Specific Requirements (Article 810, 812, 813)

Article 804 Article 810 - Holographic Wills

Every will must be in writing and executed in a language or A person may execute a holographic will which must be
dialect known to the testator. entirely written, dated, and signed by the hand of the
testator himself. It is subject to no other form, and may be
made in or out of the Philippines, and need not be
Handwriting witnessed.
● This may be proved by any witness who believes it to
be the handwriting of such person because he has
Holographic Will
seen the person write, or has seen writing purporting
○ One entirely written, dated, and signed by the hand of
to be his upon which the witness has acted or been
the testator.
charged, and has, thus acquired knowledge of the
handwriting of such person.
Advantages Disadvantages
Handwriting Experts
a. Easier to make a. Easier to forge by
● They are usually helpful in the examination of forged
b. Easier to revise expert falsifiers
documents, but resort to these experts is not c. Easier to keep secret b. Easier to
mandatory or indispensable to the examination or the misunderstand since
comparison of handwriting, and because the judge the testator may have
must conduct an independent examination of the been faulty in
questioned signature in order to arrive at a expressing his last
reasonable conclusion as to its authenticity. wishes
c. No guaranty that there
● Their opinions are not binding upon the courts.
were no fraud, force,
intimidation, undue
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himself copies the draft in his own handwriting, dates it, and
influential and no
guaranty regarding signs it.
testator’s soundness of
mind. Function of a Probate Court in a Holographic Will
● To settle and liquidate the estates of deceased persons either
Formalities for a Holographic Will summarily or through the process of administration.
g. The language must be known to the testator. (therefore, it is
not sufficient that it be interpreted to him) Article 812 - Dispositions Written Below the
h. The will must be entirely written in the hand of the testator Signature
himself. (Therefore, if it is typewritten, printed, or In holographic wills, the dispositions of the testator written
mimeographed, it is void; if the testator has no hands, but can below his signature must be dated and signed by him in
write with his foot, it is valid since what the law requires is a order to make them valid as testamentary dispositions.
personal distinctiveness.)
i. The will must be DATED. (if not dated, will is void) Dispositions Written Below the Signature
j. The will must be SIGNED by the testator himself. a. It must be dated and signed by the testator to be
k. There must be animus testandi (a will in the form of a letter is valid.
valid, however, a letter which incidentally contains b. If signed but not dated, or vice versa, the additional
testamentary dispositions or probable property dispositions dispositions are not valid. (exception provided in
cannot be considered a valid holographic will) Article 813)
l. It must be executed at the time that holographic wills are
allowed, not before, the time of death being immaterial. Article 813 - Defect of Date and/Signature
When a number of dispositions appearing in a holographic
Other Features of the Holographic Will
will are signed without being dated, and the last
h. Not witnesses are required; disposition has a signature and a date, such date validates
i. No marginal signatures on the pages required; the dispositions preceding it, whatever be the time of prior
j. No acknowledgement is required; dispositions.
k. In case of any insertion, cancellation, erasure, or alteration,
the testator must authenticate the same by his full signature; Rules for Curing Defects
l. May be made in or out of the Philippines, even by Filipinos; a. If the last disposition is signed and dated
m. May be made even by a blind testator, as long as he is literate, i. Preceding dispositions which are signed but
at least 18, and possessed of a sound mind. not dated are validated
n. Even the mechanical act of drafting a holographic will may be
left to someone other than the testator, as long as the testator
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ii. Preceding dispositions which are not signed V. INCORPORATION OF DOCUMENT BY REFERENCE (Article 827)
but dated are void
iii. Preceding dispositions which are not signed Article 827
and not dated are void, except when they are
If a will, executed as required by this Code, incorporates into itself by
on the same date and occasion as the latter reference any document or paper, such document or paper shall not be
disposition. considered a part of the will unless the following requisites are present:
b. It presupposes that the latter disposition was signed
and dated; therefore 1. The document or paper referred to in the will must be in existence
i. If done by another, without the testator’s at the time of the execution of the will;
consent, the same will not affect the previous 2. The will must clearly describe and identify the same, stating
among other things the number of pages thereof;
dispositions
3. It must be identified by clear and satisfactory proof as the
ii. If done by another with consent of the document or paper referred to therein; and
testator, the same will also not affect the 4. It must be signed by the testator and the witness on each and
previous dispositions because the latter is not every page, except in case of voluminous books of account or
a holographic or done by the testator himself. inventories.

Article 814 - Authentication of Correction by Full Incorporation by Reference

Signature a. To incorporate a document by reference without copying the whole
In case of any insertion, cancellation, erasure or alteration thing. Therefore, the testator is able to save time and energy.
in a holographic will, the testator must authenticate the b. Said document, when referred to in a notarial will, do no need any
same by his full signature. attestation clause, because the attestation of the will itself is
sufficient.
● Full signature means that full or usual or customary
signature (not necessarily the full name of the Requisites for Validity of Documents Incorporated by Reference.
testator). However, if the usual signature is only a. The document or paper referred to must be in existence at the time
initials, it is contrary to the intent of the law. of the execution of the will.
● If this requirement was not complied with, only the b. The will must clearly describe and identify the same, stating among
alterations are void, not the whole will. other things, the number of pages thereof.
● However, if what was altered was the date or the c. It must be identified by clear and satisfactory proof as the document
signature, the alteration without the full signature or paper referred to therein (parol evidence or extrinsic evidence)
makes the whole will void. d. It must be signed by the testator and the witnesses on each and every
page, except in case of voluminous books of account or inventories.
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Incorporation Can Generally Be Done Only in Notarial Wills
● It can be inferred from the fact that the provisions states “witnesses”
● However, if a holographic will happens to have at least 3 credible and
qualified witness, there can be a proper incorporation by reference.
● Also, if a holographic will refers to a document entirely written,
dated, and signed in the handwriting of the testator, there can also be
a proper incorporation by reference.
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VI. CODICILS 2. By some will, codicil, or other writing executed as provided
in case of wills; or
A. Definition (Article 825, 830) 3. By burning, tearing, canceling, or obliterating the will with
the intention of revoking it, by the testator himself, or by
Article 825 - Codicil some other person in his presence, and by his express
direction. If burned, torn, canceled, or obliterated by some
A codicil is a supplement or addition to a will, made after the other person, without the express direction of the testator,
execution of a will and annexed to be taken as a part thereof, by the will may still be established, and the estate distributed
which any disposition made in the original will is explained, added in accordance therewith, if its contents, and due execution,
to, or altered. and the fact of its unauthorized destruction, cancelation, or
obliteration are established according to the Rules of
Court.
Codicil
● A supplement or addition to a will,
● made after the execution of a will and Revocation by the Execution of Another Will of Codicil
● annexed to be taken as part thereof a. It may be express or implied.
● by which any disposition made in the original will is b. Either by notarial or holographic will or codicil.
explained, added to, or altered. c. Doctrine of Dependent Relative Revocation - the
revocation by destruction or overt act was good only if this
Time When Codicil is Made condition is fulfilled, that the revoking will was valid.
● It cannot be made before a will, it is always made after, since d. A second will referred to by the testator as his “last will”
if refers to a will. revokes the first will, especially if the provisions of the two
are inconsistent.
EXC: Another will may be created to revoked the previous
will or codicil. B. Solemnities (Article 826)

Rule in Case of Conflict Between a Will and Codicil Article 826

● The latter should prevail, it being the later expression of the In order that a codicil may be effective, it shall be executed as in
testator’s wishes. the case of a will.

Article 830
Formalities of Codicils
No will shall be revoked except in the following cases: a. There can be:
i. Notarial or ordinary codicils
1. By implication of law; or ii. Holographic codicils
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b. If the codicil is not made in the formalities of a will, the codicil

is void.
c. A valid will can never be revoked, expressly or impliedly, by
an invalid codicil.
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VII. REVOCATION OF WILLS AND TESTAMENTARY DISPOSITIONS i. If not domiciled in the Philippines
1. Follow law of place where will was made; or
A. Definition of Revocation 2. Follow law of place where testator was
domiciled at the time.
● Act of the mind of the testator terminating the will. ii. If domiciled in the Philippines
● The act of canceling a document before it has come into legal 1. Follow law of the Philippines; or
effect or been acted upon, as revoking a will. 2. Follow the general rule of lex loci
([Link]) celebrationis of the revocation
iii. If revocation is in the Philippines, follow the
B. When May Revocation be Effected (Article 828) Philippine law. (even whether or not the domicile is
in the Philippines)
Article 828 - Revocability of A Will
D. Modes of Revocation (Article 830)
A will may be revoked by the testator at any time before his death.
Any waiver or restriction of this right is void.
Article 830 - Modes of Revocation

Revocability of Will No will shall be revoked except in the following cases:

a. Until the death of the testator, a will is ambulatory and
1. By implication of law; or
revocable. 2. By some will, codicil, or other writing executed as provided
b. Any waiver to such right, is void. in case of wills; or
3. By burning, tearing, canceling, or obliterating the will with
C. Law Governing Revocation (Article 829) the intention of revoking it, by the testator himself, or by
some other person in his presence, and by his express
direction. If burned, torn, canceled, or obliterated by some
Article 829 - Conflicts Rules for Revocation of Wills
other person, without the express direction of the testator,
A revocation done outside the Philippines, by a person who does the will may still be established, and the estate distributed
not have his domicile in this country, is valid when it is done in accordance therewith, if its contents, and due execution,
according to the law of the place where the will was made, or and the fact of its unauthorized destruction, cancelation, or
according to the law of the place in which the testator had his obliteration are established according to the Rules of
domicile at the time; and if the revocation takes place in this Court.
country, when it is in accordance with the provisions of this Code.
Local or Domestic Ways of Revocation
Conflict Rules for Revocation of Wills a. By implication or operation of law (totally or partially)
a. For revocation outside the Philippines:
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b. By virtue of an overt act (like burning, tearing, canceling, or 4. The testator at the time of revoking must have
obliterating totally or partially) capacity to make a will
c. By virtue of a revoking will or codicil (totally or partially, or 5. The revocation must be done by the testator himself
expressly or impliedly) or by some other person in his presence and by his
express direction.
Revocation by Implication of Law
● Meaning: the kind of revocation produced by operation of law b. The overt act of Burning
when certain acts or events take place after a will has been ● The whole will need not be burned, even a small part
made, rendering void or useless either the whole will or is sufficient
certain testamentary dispositions therein. ● If thrown to the fire with intent to revoke and it was
● Only total and absolute revocation of the entire will prevent burned but still readable and somebody was able to
the probate of the revoked testament. snatch it from the fire, it is still revoked
● Some instances: ● But if saved by somebody before it was burned, the
1. When after the testator has made the will, he sells, or will is not revoked since there is not overt act of
donates the legacy or devise (Art. 957) burning.
2. Provisions in a will in favor of a spouse who has given ● If the will is burned accidentally, there is no
cause for legal separation shall be revoked by revocation
operation of the the moment a decree of legal ● If the envelope containing the will is burned but the
separation is granted (Art. 64(4) FC) will itself is untouched, the is no revocation.
3. When an heir, legatee, or devisee commits an act of
unworthiness under Art. 1032 c. The overt act of Tearing
4. When a credit that had been given as a legacy is ● Even a slight tear is sufficient, as long as the testator
judicially demanded by the testator (Art. 926) considers it as revoked.
5. When one, some or all of the compulsory heirs have ● The act of tearing must be subjectively complete.
been preterite or omitted, the institution of heir is ○ If stopped in the middle of tearing, there is
void. (Art. 854) revocation
● Tearing includes cutting. A clause may be revoked by
Revocation by an Overt Act cutting the same from the rest of the will.
a. Requisites: ● Crumpling and removal from fastener binding the
1. There must be an over act specified by law pages, even when there is animo revocandi does not
2. There must be a completion at least of the subjective constitute a revocation. Such acts were not included
phase of the over act as overt acts in the law.
3. There must be animus revocandi or intent to revoke
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○ However, in the case of Roxas v. Roxas, the ● A duplicate original - a signed carbon copy or
Court impliedly allowed the act of crumpling duplicate executed at the same time as the
as one of the overt acts, provided there is original - is as good as the original, without
animo revocandi. accounting for the non-production of the
● Tearing off even the signature alone constitutes other copies.
revocation.
● For holographic wills, if lost or destroyed even if without
d. The overt act of Obliterating or Canceling animus revocandi, the will cannot be probated.
● Obliteration: renders the word illegible ○ But a photocopy of the holographic will may be
● Cancelation: the drawing of lines across a text, but probated since the handwriting of the testator can be
words remain legible determined by the probate court.
● Cancelation or obliteration of non-vital part leaves
the other parts in force. 1. Effects of Revocation (Articles 831-834)

e. If mutilated by error and no animus revocandi, there is no Article 831 - Implied Revocation Through Wills
revocation
Subsequent wills which do not revoke the previous ones in
an express manner, annul only such dispositions in the
Revocation by the Execution of Another Will of Codicil prior wills as are inconsistent with or contrary to those
a. It may be express or implied. contained in the later wills.
b. Either by notarial or holographic will or codicil.
c. Doctrine of Dependent Relative Revocation - the revocation Article 832 - Effect on Revocation if New Will is
by destruction or overt act was good only if this condition is Inoperative
fulfilled, that the revoking will was valid.
d. A second will referred to by the testator as his “last will” A revocation made in a subsequent will shall take effect,
even if the new will should become inoperative by reason
revokes the first will, especially if the provisions of the two
of the incapacity of the heirs, devisees, or legatees,
are inconsistent. designated therein, or by their renunciation.

Probate of Lost or Destroyed Notarial Wills

Effect on Revocation if New Will is Inoperative
● If lost or destroyed without animus revocandi, the contents
a. A valid but ineffective will can revoke
may be proved by:
b. An example of this is when the heir repudiated the
a. Oral or parol evidence
inheritance in the new will. The testator will be
b. Carbon copies
considered to have died intestate.
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not wait for the testator’s death to
Article 833 - Revocation Based on False or Illegal become effective.
Cause
2. Doctrine of Dependent Relative Revocation
A revocation of a will based on a false cause or an illegal
cause is null and void.
● Applied where the testator cancels or destroys a will or
Revocation Based on False or Illegal Cause executes an instrument intended to revoke a will with a
● The fact that the cause for the revocation was a false present intention to make a new testamentary disposition
belief or a mistake must be found on the face of the as a substitute for the old, and the new disposition is not
will or codicil itself. made or, if made, fails of effect for same reason.
● The doctrine is limited to the existence of some other
document, however, and has been applied where a will
Article 834 - Effect of Revocation on the Recognition of an was destroyed as a consequence of a mistake of law.
Illegitimate Child ● The rule is established that where the act of destruction is
The recognition of an illegitimate child does not lose its connected with the making of another will so as fairly to
raise the inference that the testator meant the revocation
legal effect, even though the will wherein it was made
should be revoked. of the old to depend upon the efficacy of a new disposition
intended to be substituted, the revocation will be
conditional and dependent upon the efficacy of the new
Effect of Revocation on the Recognition of an Illegitimate disposition; and if, for any reason, the new will intended to
Child be made as a substitute is inoperative, the revocation fails
a. According to Art. 278, voluntary recognition of an and the original will remains in full force.
● The failure of a new testamentary disposition upon whose
illegitimate child may be done:
validity the revocation depends, is equivalent to the non-
i. In a record of birth fulfillment of a suspensive conditions, and hence prevents
ii. Will the revocation of the original will.
iii. Statement before a court of record ○ But a mere intent to make at some time a will in the
iv. Any authentic writing place of that destroyed will not render the destruction
● If the will in which recognition had been made conditional. It must appear that the revocation is
is subsequently revoked, the recognition still dependent upon the valid execution of a new will.
remains valid. While a will is revocable,
recognition is irrevocable, unless there be
vitiated consent.
○ Recognition is not really a
testamentary disposition and it does
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VII. REPUBLICATION AND REVIVAL OF WILLS (Articles 835-837) 2. Execution of a codicil (implied republication) - in case of revocation

Republication Instance Where Publication of the Settlement does Not Constitute

● It is the process of re-establishing a will, which has become useless “Constructive Notice” to the Heirs
because it was void, or had been revoked. ● When the heirs had no knowledge or did not take part in the
publication of the settlement since it was a notice after the fact of
Revival execution.
● The restoration or re-establishment of revoked will or revoked ● The heirs who did not participate will not be bound by the execution
provisions thereof, to effectiveness, by virtue of legal provisions of the settlement, even as to third persons.
○ Examples:
■ While omission of a compulsory heir in the institution Article 836 - Republication by Virtue of a Codicil
of heirs annuls the institution, still if the omitted heir The execution of a codicil referring to a previous will has the effect of
dies ahead of the testator, the institution is revived, republishing the will as modified by the codicil.
without prejudice to the right of representation.
■ If after making a will, the testator makes a second will
Effect of Republication by Virtue of a Codicil
impliedly revoking the first, the revocation of the
a. The codicil revives the previous will
second will revives the first will. (effect is different if
b. The old will is republished as of the date of the codicil
the first will was revoked by the second will
c. It will now be governed by a statute enacted subsequent to the
expressly)
execution of the will, but which was operative when the will was
executed. (the reason for this is because the republication is still a
Republication Revival process of making a will described in Art. 795)
An act of the testator One that takes place by operation of
law Other Problems:
● In cases where the testator cut his signature to revoke the will then
later pasted it back in the attempt to republish his will, the will is still
Article 835 - How Republication is Made
revoked.
The testator cannot republish, without reproducing in a subsequent will,
the dispositions contained in a previous one which is void as to its form. Article 837
If after making a will, the testator makes a second will expressly revoking
Republication may be made by: the first, the revocation of the second will does not revive the first will,
1. Re-execution of the original will (copying the original will) - in case which can be revived only by another will or codicil.
of void will as to its form as provided in Art. 805)
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IX. ALLOWANCE OF WILLS

A. Concept of Probate B. Necessity of Probate

a. As required by law, no will shall pass either real or personal
● A special proceeding for establishing the validity of the will. property unless it is proved and allowed in accordance with
the Rules of Court.
Meaning: ● Remains true even if there is only one heir instituted.
● The act of proving before a competent court the due b. A provision in a will stating “the will shall not be present
execution of a will by a person possessed of testamentary before the courts” is a void provision, for a person cannot
capacity, as well as approval thereof by the said court. deprive a competent court of its jurisdiction (Mendoza v.
○ A final judgment on probated will, even erroneous, is Pilapil)
binding on the whole world.
● Other terms for probate: C. Modes of Probate
○ Probation, legalization, protocolization, and
authentication (Manahan v. Manahan) a. Probate during the testator’s lifetime
● No prescriptive period for instituting probate proceedings ● Note that this does not prevent the testator from
since probate proceedings are not exclusively established in revoking his probated will or from making another
the interest of the surviving heirs but primarily for the one.
protection of the testator’s expressed wishes that are entitled ● The Court held that after a will has been probated
to respect as an effect of ownership and of the right of during the lifetime of a testator, it does not
disposition. (Guevarra v. Guevarra) necessarily mean that he cannot alter or revoke the
● Estoppel is not applicable to probate proceedings since they same before his death.
are invested with public interest, if estoppel is applied, the
ascertainment of truth may be blocked. (Obispo v. Obispo) b. Probate after the testator’s death

Procedure and Reason

Probate Testamentary Provisions
Ante Mortem Probate Post-Mortem Probate
Decides the execution of Deals with descent and
the document and the distribution Testator himself petitions the Two parts:
testamentary capacity of competent court for the 1. Probate proper (for
the testator probate of his will extrinsic validity of the
will)
2. The inquiry into intrinsic
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validity and the was executed in

distribution of the accordance with
property legal requirements;
iv. Names, ages,
a. At any time after the addresses of the
testator dies, the will may executor, and all
be presented for probate interest parties or
by any executor, devisee, heirs;
legatee, or interested v. The probate value
person. and character of the
i. The court can motu property of the
propio set the time estate;
and place for proving vi. The name of the
the will delivered to individual whose
it. appointment as
b. It is true whether or not executor is being
the petitioner has the will asked for;
in his possession vii. If the will has not
c. Even if a will has already been delivered to the
been probated, if later on a court, the name of
subsequent will is the person who is
discovered, the latter may supposed to have the
still be presented for a will in his custody.
probate. (Salazar v. CFI)
d. The petition for probate e. There must be proof of
must among other things death (actual or
state: presumed), publication of
i. The fact that the the notice of hearing, and
testator is dead, and the compliance of all the
the place and time of formalities required by law
said death; f. The necessary witnesses
ii. The fact that the must be produced if
deceased left a will, available, and their
copy of which has to absence must be
be attached to the satisfactorily explained.
petition; g. A lost or destroyed wills
iii. The fact that the will without animo revocandi,
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Article 811 - Probate of Holographic Wills
may still be probated as
long as it is clearly proved In the probate of a holographic will, it shall be necessary that at
that once upon a time, a least one witness who knows the handwriting and signature of the
will had been validly testator explicitly declare that the will and the signature are in the
executed, that the will had handwriting of the testator. If the will is contested, at least three of
been lost or destroyed such witnesses shall be required.
without animo revocandi.
Two witnesses must then In the absence of any competent witness referred to in the
testify as to its contents preceding paragraph, and if the court deem it necessary, expert
(only notarial will?) testimony may be resorted to.
h. If the probate of a will is
dismissed because the
proponent or his counsel Probate of Holographic Wills
failed to appear, a a. Probate: the allowance of a will by the court after its due
subsequent petition may execution has been proved.
still be entertained. b. Proof of Identity of the signature and handwriting of the
i. A person having interest testator is important, otherwise the will is not valid.
on the estate to be
c. The probate may be (1) contested or (2) uncontested
administered may
intervene in the probate d. If uncontested, at least one identifying witness is required to
proceeding. avoid the possibility of fraud. If no witnesses is available,
experts may be resorted to.
He then follows the procedure e. If contested, at least 3 identifying witnesses should be
for the post mortem of ordinary required. If none are available, experts may be called upon.
probate, except insofar as the
SC may impose additional rules
for ante mortem probates Effect if Holographic Will is Lost or Destroyed
● No will to compare the handwriting, so it cannot be probated.
Reason: to prevent or minimize
fraud, intimidation, and undue E. Effect of Allowance of Wills
influence and to enable the
testator to correct at once
failure to observe legal
requirements.

D. Requirements for Probate (Article 811)

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X. DISALLOWANCE OF WILLS (Articles 839, 1335, 1337, 1338)
Fraud
Article 839 ● Fraud is the use of insidious machinations to convince a
person to do what ordinarily he would not have done. For
The will shall be disallowed in any of the following cases:
1. If the formalities required by law have not been complied with; fraud to vitiate a will, there must be intent to defraud. This
2. If the testator was insane, or otherwise mentally incapable of intent, and the nature of the fraud, must be proved.
making a will, at the time of its execution;
3. If it was executed through force or under duress, or the influence
Revocation Disallowance/Nullity
of fear, or threats;
4. If it was procured by undue and improper pressure and influence, It is a voluntary act of the It is given by judicial order
on the part of the beneficiary or of some other person; testator
5. If the signature of the testator was procured by fraud;
6. If the testator acted by mistake or did not intend that the It is with or without cause It must always be for a legal
instrument he signed should be his will at the time of affixing his cause
signature thereto.
It may be partial or total It is always total (except when
the ground of fraud or undue
Undue Influence
influence affects only certain
● The Civil Code says that “there is undue influence when a portions)
person takes improper advantage of his power over the will
of another, depriving the latter of a reasonable freedom of
Allowance of Wills Proved Outside of the Philippines
choice. The following circumstances shall be considered: the
● Will proved outside the Philippines may be allowed, filed and
confidential, family, spiritual, and other relations between the
recorded by the proper RTC in the Philippines.
parties, or the fact that the person alleged to have been
unduly influenced was suffering from mental weakness, or
Article 1335
was ignorant, or in financial distress.”
● He who alleges must prove the same. There is violence when in order to wrest consent, serious, or irresistible
● There is no indue influence just because a testator has made force is employed.
his mistress an heir. However, although the will may be
There is intimidation when one of the contradicting parties is compelled
probated, a mistress is incapacitated to inherit.
by a reasonable and will-grounded fear of an imminent and grave evil
● The CA has held that failure to revoke when there was upon his person or property, or upon the person or property of his spouse,
opportunity to do so, is proof that there was really no undue descendants or ascendants, to give his consent.
influence. (Carracoso v. Robles)
● If undue influence has vitiated only some of the dispositions, To determine the degree of intimidation, the age, sex, and condition of the
the rest should be considered valid.
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person shall be borne in mind.

A threat to enforce one’s claim through competent authority, if the claim is

just and legal, does not vitiate consent.

Article 1337
There is undue influence when a person takes improper advantage of his
power over the will of another, depriving the latter of a reasonable
freedom of choice. The following circumstances shall be considered: the
confidential, family, spiritual and other relations between the parties, or
the fact that the person alleged to have been unduly influence was
suffering from mental weakness, or was ignorant or in financial distress.

Article 1338
There is fraud when, through insidious words or machinations of one of
the contracting parties, the other is induced to enter into a contract which,
without them, he would not have agreed to.
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XI. LEGITIME A. Concept (Article 886)
Article 888 Legitimate children and descendants
Article 886 - Legitime
Legitime is that part of the testator’s property which he cannot
Article 889 Legitimate parents or ascendants
dispose of because the law has reserved it for certain heirs who
Article 892 a. One legitimate child or descendant concurring with the are, therefore, called compulsory heirs.
surviving spouse.
b. Two or more legitimate children or descendants
together with the surviving spouse.
3 Systems Affecting the Legitime
1. System of the Legitime - part is for the legitime, part is for the
Article 893 Legitimate parents or ascendants with the surviving spouse. free portion
2. System of Total Reservation - everything goes to the
Article 894 Illegitimate children with the surviving spouse.
compulsory heirs, as long as there is at least one.
Article 895 Legitimate children or descendants with natural and other 3. System of Total Freedom of Disposition - there is no legitime.
illegitimate children. Everything is free.
Article 896 Legitimate parents or ascendants and illegitimate children.
Legitime
Article 897 Surviving spouse with legitimate children or descendants and ● DEFINITION: that part of the testator’s property which he
natural children.
cannot dispose of because the law has reserved it for the
Article 898 Surviving spouse with legitimate children or descendants and compulsory heirs.
illegitimate children other than natural. ● PURPOSE: to protect the children and the surviving widow
or widower from the unjustified anger or thoughtlessness of
Article 899 Surviving spouse with legitimate parents or ascendants and
illegitimate children. the other spouse.
● KINDS:
Article 900 Surviving spouse alone. a. Fixed
Article 901 Illegitimate children, with no other compulsory heirs. ● Legitimate children
b. Variable
Article 903 a. Parents of the illegitimate child who leaves neither ● Surviving spouse - depends on the quantity of
legitimate descendants, nor a surviving spouse, nor
legitimate children
illegitimate children.
b. Parents of the illegitimate child with the surviving ● No compulsory heirs - No legitime
spouse. ● The testator cannot deprive his compulsory heirs of their
legitime, except in cases expressly specified by law.
● The testator cannot impose any burden, encumbrance,
condition, or substitution, except the condition that the
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property will not be divided for a period not exceeding 20
The father or mother of illegitimate children of the three classes
years. mentioned, shall inherit from them in the manner and to the
● Effect of Donations: (Art. 762) donations are to be reduced extent established by this Code.
if found inofficious or if they exceed the free portion, for no
person may give by way of donation more than he may give
● READ PREVIOUS NOTES ON THIS ARTICLE.
by will.
○ Alienation for valuable consideration would be valid
Legal Separation, Annulment, or Nullity
since it is merely the substitution of one kind of
● Testate and intestate is affected
property for another
● Even if named in the will, still not entitled to any
● Vested Right to the Legitime: a compulsory heir has, from
inheritance.
the time of his birth, a vested right to eventually acquire the
inheritance from his ascendants, the right to be actually
Article 902 - Right of Representation
vested, from the moment of death.
The rights of illegitimate children set forth in the preceding
B. Who are Entitled to Legitimes; Compulsory Heirs (Articles articles are transmitted upon their death to their descendants,
whether legitimate or illegitimate.
887, 902)
Article 887
● Right of Representation
The following are compulsory heirs: ○ It is given both to legitimate and illegitimate
1. Legitimate children and descendants, with respect to their
descendants of illegitimate children.
legitimate parents and ascendants;
2. In default of the foregoing, legitimate parents and ● Share of Representatives
ascendants, with respect to their legitimate children and ○ Same as those set in Art. 895
descendants;
3. The widow or widower; 1. Concurrence of Compulsory Heirs and their Corresponding
4. Acknowledged natural children, and natural children by Legitime (Articles 888-890, 892-901, 903, 39; P.D. 603)
legal fiction; Article 888 - Legitimate children and descendants
5. Other illegitimate children referred to in Article 287.
The legitime of legitimate children and descendants
Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded consists of ½ of the hereditary estate of the father and of
by those in Nos. 1 and 2; neither do they exclude one another. the mother.

In all cases of illegitimate children, their filiation must be duly The latter may freely dispose of the remaining half, subject
proved. to the rights of illegitimate children children and of the
surviving spouse as hereinafter provided.
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● The nearest excludes the farthest
ascendants of
○ So the child, excludes the grandchild. equal degree of
the maternal
Article 889 - Legitimate parents or ascendants and paternal
lines
The legitime of legitimate parents or ascendants consists of
½ of the hereditary estates of their children and If the preceding Entirely to the nearest line
descendants. is not of equal
degree
The children or descendants may freely dispose of the
other half, subject to the rights of the illegitimate children
and of the surviving spouse as hereinafter provided. Article 892 - (a) One legitimate child or descendant
concurring with the surviving spouse (b) two or more
legitimate children or descendants together with the
Article 890 - Division of Legitime of Legitimate
surviving spouse.
Ascendants
If only one legitimate child or descendant of the deceased
The legitime reserved for the legitimate parents shall be
survives, the widow or widower shall be entitled to ¼ of
divided between them equally; if one of the parents should
the hereditary estate. In case of a legal separation, the
have died, the whole shall pass to the survivor.
surviving spouse may inherit if it was the deceased who
had given cause for the same.
If the testator leaves neither father nor mother, but is
survived by ascendants of equal degree of the paternal and
If there are two or more legitimate children or
maternal lines, the legitimate shall be divided equally
descendants, the surviving spouse shall be entitled to a
between both lines. If the ascendants should be of different
portion equal to the legitime of each of the legitimate
degrees, it shall pertain entirely to the ones nearest in
children or descendants.
degree of either line.
In both cases, the legitime of the surviving spouse shall be
taken from the portion that can be freely disposed of by the
If both parents Share equally
testator.
alive

If only one of the Entirely to the surviving parents

parent survives 1 leg and spouse 1/4 of the estate, provided that
in case of legal separation, it was
If both parent Share equally the deceased spouse who had
did not survive, given the ground. (from free
but survived by portion)
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2 or more leg Equal portion as each of the leg Free Disposal 1/3
and spouse (from free portion)
Article 895 - Legitimate children or descendants with natural
Legal Separation and other illegitimate children
● GR: barred
The legitime of each of the acknowledged natural children
● EXC: when there is reconciliation (Art. 66 of
and each of the natural children by legal fiction shall consist
FC) of ½ of the legitime of each of the legitimate children or
● See Van Dorn v. Romillo Jr. ascendants.

● See Article 41-42 of the FC. The legitime of an illegitimate child who is neither an
acknowledged natural, nor a natural child by legal fiction,
Article 893 - Legitimate parents or ascendants with the shall be equal in every case to 4/5 of the legitime of an
acknowledged natural child.
surviving spouse
If the testator leaves no legitimate descendants, but leaves The legitime of the illegitimate children shall be taken from
legitimate ascendants, the surviving spouse shall have a the portion of the estate at the free disposal of the testator,
right to ¼ of the hereditary estate. provided that in no case shall the total legitime of such
illegitimate of such illegitimate children exceed that free
This fourth shall be taken from the free portion of the portion, and that the legitime of the surviving spouse must
estate. first be fully satisfied.

Article 894 - Illegitimate children with the surviving ● Under FC, there is no longer distinction between
spouse acknowledged natural children and natural children
by legal fiction and illegitimate children.
If the testator leaves illegitimate children, the surviving
○ 4/5 legitime is not in effect anymore.
spouse shall be entitled to 1/3 of the hereditary estate of
the deceased and the illegitimate children to another third. ● Legitime of the surviving spouse has preference.
The remaining third shall be at the free disposal of the
testator. Article 896 - Illegitimate Children with Legitimate
Ascendants

Illegitimate 1/3 Illegitimate children who may survive with legitimate

parents or ascendants of the deceased shall be entitled to
Spouse 1/3 1/4 of the hereditary estate to be taken from the free
portion at the free disposal of the testator.
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If the only survivor is the widow or widower, she or he

Article 897 - Surviving spouse with legitimate children and shall be entitled to 1/2 of the hereditary estate of the
acknowledged natural children or children by legal fiction deceased spouse, and the testator may freely dispose of the
other half.
When the widow or widower survives with legitimate
children or descendants, and acknowledged natural
If the marriage between the surviving spouse and the
children, or natural children by legal fiction, such surviving
testator was solemnized in articulo mortis, and the testator
spouse shall be entitled to a portion equal to the legitime of
died within three months from the time of the marriage,
each of the legitimate children which must be taken from
the legitime of the surviving spouse as the sole heir shall be
that part of the estate which the testator can freely dispose
1/3 of the hereditary estate, except when they have been
of.
living as husband and wife for more than five years. In the
latter case, the legitime of the surviving spouse shall be
Article 898 - Surviving spouse with legitimate children and specified in the preceding paragraph.
illegitimate children other than acknowledged natural or
natural children by legal fiction ● See cohabitation and articulo mortis in the FC.
If the widow or widower survives with legitimate children
or descendants, and with illegitimate children other than Article 901 - Illegitimate Children (alone)
acknowledged natural, or natural children by legal fiction,
When the testator dies leaving illegitimate children and no
the share of the surviving spouse shall be the same as that
other compulsory heirs, such illegitimate children shall
provided in the preceding article.
have a right to 1/2 of the hereditary estate of the deceased.

Article 899 - Surviving spouse, legitimate ascendants, and The other half shall be at the free disposal of the testator.
illegitimate children
When the widow or widower survives with legitimate Article 902 - Right of Representation of Descendants of
parents or ascendants and with illegitimate children, such Illegitimate Children
surviving spouse shall be entitled to 1/8 of the hereditary
The rights of illegitimate children set forth in the preceding
estate of the deceased which must be taken from the free
articles are transmitted upon their death to their
portion, and the illegitimate children shall be entitled to
descendants, whether legitimate or illegitimate.
1/4 of the estate which shall be taken also from the
disposable portion. The testator may freely dispose of the
remaining 1/8 of the estate. Article 903 - Illegitimate Parents (alone)
The legitime of the parents who have an illegitimate child,
Article 900 - Surviving Spouse (alone) when such child leaves neither legitimate descendants, nor
a surviving spouse, nor illegitimate children, is 1/2 of the
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hereditary estate of such illegitimate child. If only illegitimate issue collectively or the spouse shall
legitimate or illegitimate children are left, the parents are receive 1/4 of such property; if the adopted is
not entitled to any legitime whatsoever. If only the widow survived by illegitimate issue and a spouse, then
or widower survives with parents of the illegitimate child, the former collectively shall receive 1/4 and the
the legitime of the parents of the illegitimate child, the latter also 1/4, the rest in any case reverting to the
legitime of the parents is 1/4 of the hereditary estate of the adopter. Observing in the case of the illegitimate
child, and that of the surviving spouse also 1/4 of the issue the proportion provided for in Article 895 of
estate. the Civil Code.

The adopter shall not be a legal heir of the adopted person,

P.D. 603 - Article 39 - Effects of Adoption whose parents by nature shall inherit from him, except
The adoption shall: that if the latter are both dead, the adopting parent or
parents take the place of the natural parents in the line of
1. Give to the adopted person the same rights and succession, whether testate or intestate.
duties as if he were a legitimate child of the
adopted: Provided, That an adopted child cannot ● SEE R.A. 8552 and the new adoption law.
acquire Philippine citizenship by virtue of such
● If ask in the bar, cite new law in relation to the old law
adoption;
2. Dissolve the authority vested in the natural parent because it has the decision of the court and the
or parents, except where the adopter is the spouse Section 43 of the new law is direct quotation of the
of the surviving natural parent; old law.
3. Entitle the adopted person to use the adopter’s
surname; and Adopted Child
4. Make the adopted person a legal heir of the ● Becomes a legal heir of the adopter (legitimate child
adopter: Provided, That if the adopter is survived
of the adopter, but to the relatives, he is an
by legitimate parents or ascendants and by an
adopted person, the latter shall not have more illegitimate child)
successional rights that an acknowledged natural ● If adopter is survived by adopted and legitimate
child: Provided, further, That any property ascendants - the adopted shall not have more
received gratuitously by the adopted from the successional rights than an acknowledged natural
adopter shall revert to the adopter should the child.
former predecease the latter without legitimate
● If the adopted predeceased the adopter - any
issue unless the adopted has, during his lifetime,
alienated such property: Provided, finally, That in property gratuitously given to the adopted shall
the last case, should the adopted leave no property revert back to the adopter
other than that received from the adopter, and he is ○ EXC: if alienated by the adopted during its
survived by illegitimate issue or a spouse, such lifetime of the adopter
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○ EXC: if the adopted left no other property than
Impossible conditions and those contrary to law or good
the one given by the adopter, and he is customs shall be considered as not imposed and shall in no
survived by an illegitimate child or spouse, manner prejudice the heir, even if the testator should
they will receive 1/4 of such property, 3/4 otherwise provide.
will revert to the adopter
○ EXC: if survived by an illegitimate child and ● The only valid prohibition a testator can impose is a
spouse, each will receive 1/4, 1/2 will revert prohibition against the partition of the legitime, for a
to the adopter period not exceeding 20 years (in accordance with
● The adopter shall not be a legal heir of the adopted if Art. 1083)
the natural parents are still alive.
Article 905 - Renunciation of Legitime is Invalid
2. Restrictions Regarding Legitime (Articles 904, 872, 905-907,
1347) Every renunciation or compromise as regards a future
legitime between the person owing it and his compulsory
Article 904 - Prohibition Against Deprivation
heirs is void, and the latter may claim the same upon the
The testator cannot deprive his compulsory heirs of their death of the former; but they must bring to collation
legitime, except in cases expressly specified by law. whatever they may have received by virtue of the
renunciation or compromise.
Neither can he impose upon the same any burden,
encumbrance, condition, or substitution of any kind
Article 906 - Incomplete Legitime
whatsoever.
Any compulsory heir to whom the testator has left by any
title less than the legitime belonging to him may demand
No Deprivation of or Burden on the Legitime
that the same be fully satisfied.
● The reason for this is because the legitime is
exclusively reserved for the forced heirs.
● If there are any charge, condition, ● If the compulsory heir receive less than his legitime,
substitution, or encumbrance upon the he may demand its full satisfaction.
legitime, they shall be considered as not ● He may not file for the annulment of institution of
imposed. heir due to preterition because it is only available if
● The ONLY way to deprive is by expressly such heir gets nothing at all in the will.
disinheriting them in a will, wherein the legal
cause therefor shall be specified. Article 907 - Reduction of Inofficious Testamentary
Dispositions
Article 872 - Impossible conditions
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● Debts should be taken only from the estate remaining,
Testamentary dispositions that impair or diminish the
legitime of the compulsory heirs shall be reduced on without touching the donation.
petition of the same, insofar as they may be inofficious or ● The value of the collationable donations should be at
excessive. the time the donations were made.
● If there are judicial proceedings, the value of the
● Applies only to testamentary dispositions. estate shall be determined by the administrator with
the assistance of a tax-appraiser.
Article 1347 ● If there are no judicial proceedings, the heirs shall
determine the value of the estate, subject to the
No contract may be entered into upon future inheritance provisions of the Internal Revenue Code.
except in cases expressly authorized by law.
Article 909 - Donations made to Children and
3. Determination or Computation (Articles 908-913) Strangers
Donations given to children shall be charged to their
Article 908 - Computation of the Net Hereditary
legitime.
Estate
To determine the legitime, the value of the property left at Donations made to strangers shall be charged to that part
the death of the testator shall be considered, deducting all of the estate of which the testator could have disposed by
debts and charges, which shall not include those imposed his last will.
on the will.
Insofar as they may be inofficious or may exceed the
To the net value of the hereditary estate, shall be added the disposable portion, they shall be reduced according to the
value of all donations by the testator that are subject to rules established by this Code.
collation, at the time he made them.
Donations to Children
● FORMULA: Property Left (less) Debts and Charges ● Shall be charged to their legitime
(plus) Value of Collationable Donations (equals) Net ● If the donation exceeded the legitime, shall be
Hereditary Estate charged to the free portion
● Rule 90, Sec 1, ROC - No distribution of the estate ● If it is still excessive, it shall be reduced so as
shall be allowed until all debts and obligations have not to impair the legitimes of the others
first been paid. ● Donations are considered as advances of the
● “Charges imposed on the will” - refers to legacies legitime
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Donations to Strangers
than that of the disposable portion, the compulsory
● It shall be charged to the free portion heirs may choose between (1) complying with the
● If the donations exceeds the value of the free testamentary provision and (2) delivering to the
portion, it may be reduced. devisee or legatee the part of the inheritance of
● Donations are considered to be advances of which the testator could freely dispose.
the free portion
Order of Preference
Article 910 - Donations to Illegitimate Child a. Legitimes
Donations which an illegitimate child may have received b. Donations inter vivos
during the lifetime of his father or mother, shall be charged c. Preferred legacies and devises
to his legitime. d. All other legacies and devises pro rata

Should they exceed the portion that can be freely disposed Donations
of, they shall be reduced in the manner prescribed by this
● It is given more preference than disposition
Code.
mortis causa because it was made first than
the disposition, because donations are
Article 911 - Rule on Reduction bilateral act, and donations are generally
After the legitime has been determined in accordance with irrevocable.
the three preceding articles, the reduction shall be made as ● If there are 2 donations, and both prejudiced
follows: the legitime, the more recent donation shall
1. Donations shall be respected as long as the legitime be suppressed or reduced with regard to the
can be covered, reducing or annulling, if necessary, excess (Art. 773)
the devises or legacies made in the will;

2. The reduction of the devises or legacies shall be pro Article 950; Insufficient to cover legacies or devises
rata, without any distinction whatever. ● If the estate should not be sufficient to cover
all the legacies or devises, their payment shall
If the testator has directed that a certain be made in the following order:
devise or legacy be paid in preference to others, it a. Remuneratory legacies or devises;
shall not suffer any reduction until the latter have
b. Legacies or devises declared by the
been applied in full to the payment of the legitime.
testator to be preferential;
3. If the devise or legacy consists of a usufruct or life c. Legacies for support;
annuity, whose value may be considered greater d. Legacies for education;
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e. Legacies or devises of a specific,
determinate thing which forms a part
of the estate;
f. All others pro rata.

Article 912 - Reduction in Case of Real Property

The devise subject to reduction should consist of real
property, which cannot be conveniently divided, it shall go
to the devisee if the reduction does not absorb 1/2 of its
value; and in a contrary case, to the compulsory heirs; but
the former and the latter shall reimburse each other in
cash for what respectively belongs to them.

The devisee who is entitled to a legitime may retain the

entire property, provided its value does not exceed that of
the disposable portion and of the share pertaining to him
as legitime.

Article 913 - Non-Availment of the Right Granted in Article

912
If the heirs or devisees do not choose to avail themselves of
the right granted by the preceding article, any heir or
devisee who did not have such right may exercise it; should
the latter not make use of it, the property shall be sold at
public auction at the instance of any one of the interested
parties.
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XII. COLLATION (Article 1061-1077) under Art. 1061 of the CC. Given the precise language of the
Article 1061 deed of donation, the decedent-donor would have included
an express prohibition to collate, if that had been the donor’s
Every compulsory heir, who succeeds with other compulsory
heirs, must bring into the mass of the estate any property or right intention. (De Roma v. CA)
he may have received from the decedent, during the lifetime of the ● Collation is a mere mathematical operation by the addition of
latter, by way of donation, or any other gratuitous title, in order the value of donations made by the testator to the value of
that it may be computed in the determination of the legitime of the hereditary estate (Arellano v. Pascual)
each heir, and in the account of the partition.
Article 1062 - When Compulsory Heirs Will Not Collate (still
● PURPOSE: to produce equality as among the compulsory computed but not charged to the legitime, rather, to the free portion)
heirs of the same class. Collation shall not take place among compulsory heirs if the donor
should have so expressly provided, or if the donee should
Collation in Value v. Collation in Kind repudiate the inheritance, unless the donation should be reduced
as inofficious.
Collation In Value Collation In Kind

The same thing donated are Usually occurs when the a. If the donor expressly provides
not to be brought to collation donee has for example no ● Preference is obtained, not equality.
and partition, but only their money with which to
● The donor wants to give the donee the property in
value at the time of the reimburse in case the
donation, even though their donation turns out to be addition to the legitime
just value may not have been totally inofficious ● EXC: if it impairs the legitime of other compulsory
assessed. heirs, therefore it will be reduced.

Their subsequent increase or Properly speaking, it is not a b. The donation should be charged not to the legitime, but to the
deterioration and even their Collation. It is really a
free portion if the donee should repudiate the inheritance.
total loss or destruction, be it returning in kind in case the
accidental or culpable, shall be donation has to be totally
for the benefit or account and reduced or revoked because it Article 1063 - Testamentary Dispositions are Generally Not
risk of the donee. is completely inofficious and Collationable
the donee either has no
Property left by will is not deemed subject to collation, if the
money or does not desire to
testator has not otherwise provided, but the legitime shall in any
reimburse in money.
case remain unimpaired.

● The fact that a donation is irrevocable does not necessarily

exempt the donated properties from collation as required
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● “Not subject to collation” means merely that the legacy or
their ascendants any property which may have been donated by
devise given should be imputed to the free portion, and not the latter to their children.
the legitime.
● Article 1061-1063 will not apply in a case of a distribution
Article 1066 - Donations to Spouse of Child
and partition of the entire estate by the testatrix without her
having made any previous donations during her lifetime Neither shall donations to the spouse of the child be brought to
which would require collation. Article 1064 will apply if only collation; but if they have been given by the parent to the spouses
part of the estate had been given by will. (Dizon-Rivera v. jointly, the child shall be obliged to bring to collation 1/2 of the
this donated.
Dizon)

Article 1064 - Collation by Grandchildren Article 1067 - Expenses for Support

When the grandchildren, who survive with their uncles, aunts, or Expenses for support, education, medical attendance, even in
cousins, inherit from their grandparents in representation of their extraordinary illness, apprenticeship, ordinary equipment, or
father or mother, they shall bring to collation all that their parents, customary gifts are not subject to collation.
if alive, would have been obliged to bring, even though such
grandchildren have not inherited the property.
● Their values are not added to the hereditary estate as they
They shall also bring to collation all that they may have received are not considered as advances of the inheritance, whether as
from the decedent during his lifetime, unless the testator has part of the legitime or part of the free portion.
provided otherwise, in which case his wishes must be respected, if ● These expenses are not considered donations because their
the legitime of the co-heirs is not prejudiced. cause is not generosity, but moral, social, and legal obligation.
● “Education” means only up to high school. College education
● Par. 1 gives an exception to the rule that only donees should is provided under Art. 1068.
collate
● Par. 1 applies only when the grandchild inherits by right of Article 1068 - Expenses for a Career
representation, not when he inherits in his own right, for Expenses incurred by the parents in giving their children a
here the reason for the law would cease. professional, vocational or other career shall not be brought to
● Par. 1 although applying apparently only in the case of collation unless the parents so provided, or unless they impair the
predeceased, applies also and for the same reason in both legitime; but when their collation is required, the sum which the
incapacity and disinheritance. child would have spent if he had lived in the house and company of
his parents shall be deducted therefrom.
Article 1065 - Donations to Grandchildren
● The expenses in this Article will not be considered as an
Parents are not obliged to bring to collation in the inheritance of
advance of the legitime but as an advance of the free portion.
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○ However, if the parents so provide, said expenses will
be considered as an advance of the legitime. Their subsequent increase or deterioration and even their total
● In no case should the legitime be impaired. loss or destruction, be it accidental or culpable, shall be for the
benefit or account and right of the donee.
Article 1069 - Other Sums Which Should Be Collated
Any sums paid by a parent in satisfaction of the debts of his ● Only the value should be collated.
children, election expenses, fines, and similar expenses shall be ○ Value at the time of the perfection of the donation,
brought to collation. since that is what was really given gratuitously.
● The value stated in the deed of donation is not controlling.
● “Debt” must be valid and enforceable, otherwise the son is ○ The actual value at the time of donation is a question
not benefited in any way. of fact which must be established by proof.
● If the father is a guarantor of the sone who cannot pay his
debt, the son is not a donee since it was not out of his father’s Article 1072 - Donation by Both Parents
generosity. In the collation of a donation made by both parents, 1/2 shall be
brought to the inheritance of the father, and the other half, to that
Article 1070 - Wedding Gifts of the mother. That given by one alone shall be brought to
collation in his or her inheritance.
Wedding gifts by parents and ascendants consisting of jewelry,
clothing, and outfit, shall not be reduced as inofficious except
insofar as they may exceed 1/10 of the sum which is disposable by Article 1073 - Reduction of Donee’s Share in the Estate
will.
The donee’s share of the estate shall be reduced by an amount
equal to that already received by him; and his co-heirs shall
● The reason for allowing non-reduction is because of the receive an equivalent, as much as possible, in property of the same
sentimental importance of a wedding. nature, class and quality.
● It was submitted that even though the Article only uses
“jewelry, clothing, and outfit”, cash, money, or real property ● The law ordains not only equality in value, but also in kind,
may be included within the scope of the Article, for there is nature, class and quality, if this can be done.
really no difference according to Justice Paras.
Article 1074 - Additional Ways of Equalization
Article 1071 - Collation of the Value
Should the provisions of the preceding article be impracticable, if
The same things donated are not to be brought to collation and the property donated was immovable, the co-heirs shall be
partition, but only their value at the time of the donation, even entitled to receive its equivalent in cash or securities, at the rate of
though their value may not then have been assessed. quotation; and should there be neither cash or marketable
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Article 1076 - Rules for Returning in Kind
securities in the estate so much of the other property as may be
necessary shall be sold at public auction. The co-heirs are bound to reimburse to the donee the necessary
expenses which he has incurred for the preservation of the
If the property donated was movable, the co-heirs shall only have property donated to him, though they may not have augmented its
a right to select an equivalent of other personal property of the value.
inheritance at its just price.
The donee who collates in kind of immovable which has been
given to him must be reimbursed by his co-heirs for the
Rights, if Real Property
improvements which have increased the value of the property, and
a. Get property of same kind which exist at the time the partition is effected.
b. If none, get cash or securities
c. If none, sell property to get cash As to works made on the estate for the mere pleasure of the donee,
no reimbursement is due him for them; he has, however, the right
Rights, if Personal Property to remove them, if he can do so without injuring the estate.
a. Get property of same kind
b. If none, get equivalent (in value) personal property a. Although this Article speaks of collation in kind, this is strictly
(no right to demand cash or to demand a sale to get speaking not collation, but a returning in kind.
cash) b. This happens when:
i. The donation is totally reduced because it is
Article 1075 - Fruits and Interest of Properties Subject to Collation completely inofficious; and
The fruits and interest of the property subject to collation shall not ii. The donee either has no money or does not desiree to
pertain to the estate except from the day on which the succession reimburse in money.
is opened.
Article 1077 - Questions Arising from Collation
For the purpose of ascertaining their amount, the fruits and
interest of the property of the estate of the same kind and quality Should any question arise among the co-heirs upon the obligation
as that subject to collation shall be made the standard of to bring to collation or as to the things which are subject to
assessment. collation, the distribution of the estate shall not be interrupted for
this reason, provided adequate security is given.

● From the moment of death up to the moment of distribution,

● Prescription on donated property for collation does not run
all the fruits and interest belong to the estate. The reason is
as long as the donor is still alive.
that the property is really part of the inheritance, it was just
● Only properties received by gratuitous title may be the
advanced to the legitime of the heir.
subject of collation.
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● Final judgments by the proper court regarding questions on
collation are binding both on the person who raised the issue,
and on the heirs concerned.
● When the estate proceedings have not yet reached the stage
of partitioning and then distributing the property, any
question of collation that is brought up can be regarded as
having been prematurely raised.

a. Freedom to Dispose Free Portion (Article 914)

Article 914
The testator may devise and bequeath the free portion as he may
deem fit.
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PRINCIPLES AFFECTING LEGITIME from the inheritance, for she is not in the direct line. (Acain v.
XIII. PRETERITION (Article 854, 906, 855, 918) IAC)
Article 854
Effects of Preterition
The preterition or omission of one, some, or all of the
a. The institution of heirs is annulled without need of court
compulsory heirs in the direct line, whether living at the time of
the execution of the will or born after the death of the testator, action
shall annul the institution of heir; but the devises and legacies shall b. Although the institution of heirs is annulled, the legacies and
be valid insofar as they are not inofficious. devises shall remain valid insofar as they are not inofficious.

If the omitted compulsory heirs should die before the testator, the Article 906 - Completion or Satisfaction of the Legitime
institution shall be effectual, without prejudice to the right of
representation. Any compulsory heir to whom the testator has left by any title less
than the legitime belonging to him may demand that the same be
fully satisfied.
Preterition
● It is the omission, whether intentional or not, of a compulsory
● There is no preterition if the heir is instituted to a share less
heir in the inheritance of a person.
than her legitime. (Reyes v. Barretto-Datu)
● Requisites for Preterition
a. There is a total omission in the inheritance;
Article 855 - Where Share of Omitted Heir Must be Taken
b. The omission must be of a compulsory heir;
c. The compulsory heir omitted bust be in the direct The share of a child or descendant omitted in a will must be first
line. be taken from the part of the estate not disposed of by the will, if
● Since a surviving spouse is not a compulsory heir in the direct any; if that is not sufficient, so much as may be necessary must be
taken proportionally from the shares of the other compulsory
line, its omission will not constitute preterition. (Balanay v.
heirs.
Martinez)
● If parents (the nearest heirs of the deceased) are omitted in
the will, this is a case of preterition, not ineffective ● Applicable to cases when there is preterition and there is no
disinheritance. The institution of another, with the preterition.
preterition of the parents, will give rise to intestate
succession. (Nuguid v. Nuguid) Article 918 - Ineffective Disinheritance
● Insofar as the widow is concerned, Art. 854 may not apply as Disinheritance without a specification of the cause, or for a cause
she does not ascend or descend from the testator, although the truth of which, if contradicted, is not proved, or which is not
she is a compulsory heir. Even if the surviving spouse is a one of those set forth in this Code, shall annul the institution of
compulsory heir, there is no preterition even if she is omitted heirs insofar as it may prejudice the person disinherited; but the
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devises and legacies and other testamentary dispositions shall be The institution is always May be valid - when all the
valid to such extent as will not impair the legitime. void - except when the requirements of the law are
preterited heir followed.
predeceased the testator
Three Cases of Ineffective Disinheritance
a. Without giving the cause (NO CAUSE STATED)
b. A cause denied by the heir concerned and not proved by the Preterition v. Imperfect Disinheritance
instituted heir (NOT TRUE CAUSE) Preterition Imperfect Disinheritance
c. A cause not given in the law (NOT LEGAL CAUSE)
The institution of heirs is The institution remains valid,
Effects of Ineffective Disinheritance completely annulled but must be reduced insofar
as the legitime has been
a. The institution of heirs is annulled, but only insofar as it may
impaired.
prejudice the person disinherited
b. The devises, legacies, and other testamentary disposition
shall be valid to such extent as will not impair the legitime Similarities of Preterition and Ineffective Disinheritance
a. The omitted heir and the imperfectly disinherited heir get at
Preterition v. Valid Disinheritance least their legitime
b. The legacies and devises remain valid insofar as the legitim
Preterition Valid Disinheritance has not be impaired
The omission nay be either Always intentional c. Both refer to compulsory heirs.
intentional or
unintentional

May be with cause or Cause must always be stated,

without cause true, and legal

Annuls the institution; Disinherited heir inherits

therefore, the omitted heir nothing
will inherit

May exists with or without A will is always required

a will (example is if all
properties are given to one
heir by donation inter
vivos)
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XIV. RESERVA TRONCAL (Articles 891)

Article 891
The ascendant who inherits from his descendant any property
which the latter may have acquired by gratuitous title from
another ascendant, or a brother or sister, is obliged to reserve such
property as he may have acquired by operation of law for the
benefit of relatives who are within the third degree and who
belong to the line from which said property came.
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XV. RESERVA ADOPTIVA (Article 39; P.D. 603) parents by nature shall inherit from him, except that if the latter
● Only for purposes of adoption are both dead, the adopting parent or parents take the place of the
natural parents in the line of succession, whether testate or
P.D. 603 - Article 39 - Effects of Adoption intestate.
The adoption shall:

1. Give to the adopted person the same rights and duties as if

he were a legitimate child of the adopted: Provided, That
an adopted child cannot acquire Philippine citizenship by
virtue of such adoption;
2. Dissolve the authority vested in the natural parent or
parents, except where the adopter is the spouse of the
surviving natural parent;
3. Entitle the adopted person to use the adopter’s surname;
and
4. Make the adopted person a legal heir of the adopter:
Provided, That if the adopter is survived by legitimate
parents or ascendants and by an adopted person, the latter
shall not have more successional rights that an
acknowledged natural child: Provided, further, That any
property received gratuitously by the adopted from the
adopter shall revert to the adopter should the former
predecease the latter without legitimate issue unless the
adopted has, during his lifetime, alienated such property:
Provided, finally, That in the last case, should the adopted
leave no property other than that received from the
adopter, and he is survived by illegitimate issue or a
spouse, such illegitimate issue collectively or the spouse
shall receive 1/4 of such property; if the adopted is
survived by illegitimate issue and a spouse, then the
former collectively shall receive 1/4 and the latter also
1/4, the rest in any case reverting to the adopter.
Observing in the case of the illegitimate issue the
proportion provided for in Article 895 of the Civil Code.

The adopter shall not be a legal heir of the adopted person, whose
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XVI. DISINHERITANCE (Articles 915-923) or concubinage with the spouse of the testator;
Article 915 4. When a child or descendant by fraud, violence,
A compulsory heir may, in consequence of disinheritance, be intimidation, or undue influence causes the testator to
deprived of his legitime, for causes expressly stated by law. make a will or to change one already made;
5. A refusal without justifiable cause to support the parent or
ascendant who disinherits such child or descendant;
Article 916 6. Maltreatment of the testator by word or deed, by the child
or descendant;
Disinheritance can be effected only through a will wherein the 7. When a child or descendant leads a dishonorable or
legal cause therefor shall be specified. disgraceful lige;
8. Conviction of a crime which carries with it the penalty of
Article 917 civil interdiction.

The burden of proving the truth of the cause for disinheritance

shall rest upon the other heirs of the testator, if the disinherited Article 920
heir should deny it. The following shall be sufficient causes for the disinheritance of
parents or ascendants, whether legitimate or illegitimate:
Article 918 - 1. When the parents have abandoned their children or
induced their daughters to live a corrupt life, or attempted
Disinheritance without a specification of the cause, or for a cause against their virtue;
the truth of which, if contradicted, is not proved, or which is not 2. When the parent or ascendant has been convicted of an
one of those set forth on this Code, shall annul the institution of attempt against the life of the testator, his or her spouse,
heirs insofar as it may prejudice the person disinherited; but the descendants, or ascendants;
devises and legacies and other testamentary dispositions shall be 3. When the parent or ascendant has accused the testator of a
valid to such extent as will not impair the legitime. crime for which the law prescribes imprisonment for 6
years or more, if the accusation has been found to be false;
4. When the parent or ascendant has been convicted of
Article 919 - Exclusive Grounds for Disinheritance
adultery or concubinage with the spouse of the testator;
The following shall be sufficient causes for the disinheritance of 5. When the parent or ascendant by fraid, violence,
children and descendants, legitimate as well as illegitimate: intimidation, or undue influence causes the testator to
1. When a child or descendant has been found guilty of an make a will or to change one already made;
attempt against the life of the testator, his or her spouse, 6. The loss of parental authority for causes specified in this
descendants, or ascendants; Code;
2. When a child or descendant has accused the testator of a 7. The refusal to support the children or descendants without
crime for which the law prescribes imprisonment for 6 justifiable cause;
years or more, if the accusation has been found groundless; 8. An attempt by one of the parents against the life of the
3. When a child or descendant has been convicted of adultery other, unless there has been a reconciliation between
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them.

Article 921
The following shall be sufficient cause for disinheriting a spouse:
1. When the spouse has been convicted of an attempt against
the life of the testator, his or her descendants, or
ascendants;
2. When the spouse has accused the testator of a crime for
which the law prescribes imprisonment of 6 years or more,
and the accusation has been found to be false;
3. When the spouse by fraud, violence, intimidation, or undue
influence cause the testator to make a will or to change one
already made;
4. When the spouse has given cause for legal separation;
5. When the spouse has given grounds for the loss of parental
authority;
6. Unjustifiable refusal to support the children or the other
spouse.

Article 922
A subsequent reconciliation between the offender and the
offended person deprives the latter of the right to disinherit, and
renders ineffectual any disinheritance that may have been made.

Article 923
The children and descendants of the person disinherited shall take
his or her place and shall preserve the rights of compulsory heirs
with respect to the legitime; but the disinherited parent shall not
have the usufruct or administration of the property which
constitutes the legitime.
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PRINCIPLES AFFECTING THE FREELY DISPOSABLE PORTION c. The institution must be effective
XVII. INSTITUTION OF HEIRS ● No predeceased;
A. In General ● No repudiation;
1. Definition (Article 840) ● No incapacity of the heir.
Article 840
2. Requisites of a Valid Institution of Heirs (relate to Article 785,
Institution of heir is an act by virtue of which a testator 787)
designates in his will the person or persons who are to
Article 785 - Discretion of a Third Person
succeed him in his property and transmissible rights and
obligations. The duration or efficacy of the designation of heirs,
devisees or legatees, or the determination of the portions
which they are to take, when referred to by name, cannot
Institution of Heirs
be left to the discretion of a third person.
● It is an act where a testator designates in his
will the person or persons who are to succeed
him in his property and transmissible rights ● This reinforces the rule that the making of the will is
and obligations. strictly a personal act.
● It is only applicable on in testamentary
succession Article 787- Non-Determination by Third Person
● The will is still valid if it did not name any The testator may not make a testamentary disposition in
heir, it will become a mixed succession. such manner that another person has to determine
whether or not it is to be operative.
Requisites:
a. The will must be extrinsically valid; 3. Effect If Will Institutes No Heir (Article 841)
● The testator must be capacitated; Article 841 - Non-Necessity of Institution of Heirs
● The formalities must be observed;
A will shall be valid even though it should not contain an
● Must be no vitiated consent;
institution of an heir, or such institution should not
● The will must be duly probated; comprise the entire estate, and even though the person so
● Must be personal act of the testator instituted should not accept the inheritance or should be
b. The institution must be intrinsically valid; incapacitated to succeed.
● The legitime must not be impaired;
● The heir must be certain or In such cases the testamentary dispositions made in
ascertainable; accordance with law shall be complied with and the
remainder of the estate shall pass to the legal heirs.
● There should be no preterition
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A will, unless otherwise defective, is valid, even if:
heir shall not vitiate the institution when it is possible, on
a. There is no institution of heir; any other manner, to know with certainty the person
b. The instituted heir is given only a portion of instituted.
the estate;
c. The heir instituted should repudiate or be If among persons having the same names and surnames,
incapacitated to inherit there is a similarity of circumstance in such a way that,
even with the use of the other proof, the person instituted
cannot be identified. None of them shall be an heir.
4. Freedom of Disposition (Article 842)
Article 842 - Rules for Freedom of Disposition of
Estate ● REASON: because only one of them was intended by
the testator. To divide would be to frustrate his
One who has no compulsory heirs may dispose by will of all
intention and would be giving 1/2 to a person to
his estate or any part of it in favor of any person having
capacity to succeed. whom the testator intended to give nothing.

One who has compulsory heirs may dispose of his estate Article 789 - Imperfect Description
provided he does not contravene the provisions of this
When there is an imperfect description, or when no person
Code with regard to the legitime of said heirs.
or property exactly answers the description, mistakes and
omissions must be corrected, if the error appears from the
5. Manner of Designating an Heir (Articles 843-844 in relation context of the will or from extrinsic evidence, excluding the
to Article 789) oral declarations of the testator as to his intention; and
Article 843 when an uncertainty arises upon the face of the will, as to
the application of any of its provisions, the testator’s
The testator shall designate the heir by his name and intention is to be ascertained from the words of the will,
surname, and when there are two persons having the same taking into consideration the circumstances under which it
names, he shall indicate some circumstance by which the was made, excluding such oral declarations.
instituted heir may be known.

Even though the testator may have omitted the name of the 6. Disposition in Favor of an Unknown Person (Article 845)
heir, should he designate him in such manner that there Article 845
can be no doubt as to who has been instituted, the Every disposition in favor of an unknown person shall be
institution shall be valid. void, unless by some event or circumstance his identity
becomes certain. However, a disposition in favor of a
Article 844 - Effect of Doubt in Designation definite class or group of persons shall be valid.

An error in the name, surname, or circumstances of the

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● The determining even or circumstance may occur
shall be considered as individually instituted, unless it
before or after the testator’s death since the law does clearly appears that the intention of the testator was
not distinguish. otherwise.

10. Simultaneity of Institution (Article 849)

7. Disposition of a Definite Class (Article 845 in relation to
Article 849
Article 786)
Article 845 When the testator calls to the succession a person and his
children they are all deemed to have been instituted
Every disposition in favor of an unknown person shall be simultaneously and not successively.
void, unless by some event or circumstance his identity
becomes certain. However, a disposition in favor of a
definite class or group of persons shall be valid. 11. Institution Based on a False Cause (Article 850)
Article 850
Article 786 The statement of a false cause for the institution of an heir
shall be considered as not written, unless it appears from
The testator may entrust to a third person the distribution the will that the testator would not have made such
of specific property or sums of money that he may leave in institution if he had known the falsity of such cause.
general to specified classes or causes, and also the
designation of the persons, institution or establishments to
which such property or sums are to be given or applied. ● Requisites to Annul (Austria v. Reyes)
1. The cause for the institution of heirs must be
8. Equality of Heirs (Article 848) stated in the will
Article 848 2. The cause must be shown to be false
3. It must be seen from the face of the will that
If the testator should institute his brothers and sisters, and the testator would not have made the
he has some of full blood and others of half blood, the
institution of he had know the falsity of the
inheritance shall be distributed equally unless a different
intention appears. cause

a. Shares in the Institution (Articles 851-853)

9. Individuality of Institution (Article 847)
Article 851
Article 847
If the testator has instituted only one heir, and the
When the testator institutes some heirs individually and institution is limited to an aliquot part of the
other collectively as when he says, “I designate as my heirs inheritance, legal succession takes place with
A and B, and the children of C,” those collectively designate
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respect to the remainder of the estate. renounces the inheritance, shall transmit no right
to his own heirs except in cases expressly provided
The same rule applies if the testator has instituted for in this Code.
several heirs, each being limited to an aliquot part,
and all the parts do not cover the whole
inheritance. B. Kinds of Institutions
1. Simple or Pure (Article 777)
● It is proper that it is “the remainder of the
Article 777
disposable portion”.
The rights to the succession are transmitted from the
Article 852 moment of the death of the decedent.

If it was the intention of the testator that the

instituted heirs should become sole heirs to the 2. Conditional (Article 871)
whole estate, or the whole free portion, as the case Article 871
may be, and each of them has been instituted to an
The institution of an heir may be made conditionally, or for
aliquot part of the inheritance and their aliquot
a certain purpose or cause.
parts together do not cover the whole inheritance,
or the whole free portion, each part shall be
increased proportionally. a. Kinds
b. Inoperative Conditions (Articles 872-874, relate to
Article 853 Article 1183)
Article 872
If each of the instituted heirs has been given an
aliquot part of the inheritance, and the parts The testator cannot impose any charge, condition,
together exceed the whole inheritance, or the or substitution whatsoever upon the legitimes
whole free portion, as the case may be, each part prescribed in this Code, Should he do so, the same
shall be reduced proportionally. shall be considered as not imposed.

b. Predeceased of Heirs (Article 856) Article 873

Article 856 Impossible conditions and those contrary to law or
A voluntary heir who dies before the testator good customs shall be considered as not imposed
transmits nothing to his heirs. and shall in no manner prejudice the heir, even if
the testator should otherwise provide.
A compulsory heirs who dies before the testator, a
person incapacitated to succeed, and one who Article 874
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An absolute condition not to contract a first or sufficient if it happens or be fulfilled ay any time
subsequent marriage shall be considered as not before or after the death of the testator, unless he
written unless such condition has been imposed on has provided otherwise.
the widow or widower by the deceased spouse, or
by the latter’s ascendants or descendants. Should it have existed or should it have been
fulfilled at the time the will was executed and the
Nevertheless, the right or usufruct, or an allowance testator was unaware thereof, it shall be deemed as
or some personal prestation may be devised or complied with.
bequeathed to any person for the time during
which he or she should remain unmarried or in If he had knowledge thereof, the condition shall be
widowhood. considered fulfilled only when it is of such a nature
that it can no longer exist or be complied with
again.
c. Disposition Captatoria (Article 875)
Article 875
e. Effect (Articles 1034(3), 879, 880, 881, 884)
Any disposition made upon the condition that the Article 1034(3)
heir shall make some provision in his will in favor
of the testator or of any other person shall be void. In order to judge the capacity of the heir, devisee,
or legatee, his qualification at the time of the death
of the decedent shall be the criterion.
● Void because it tends to make the making of
the will a contractual act. In cases falling under Nos. 2, 3, or 5 of Article 1032,
it shall be necessary to wait until final judgment is
d. Compliance (Articles 876-877(2)) rendered, and in the case falling under No. 4, the
Article 876 expiration of the month allowed for the report.

Any purely potestative condition imposed upon an If the institution, devise or legacy should be
heir must be fulfilled by him as soon as he learns of conditional, the time of the compliance with the
the testator’s death. condition shall also be considered.

This rule shall not apply when the condition,

already complied with, cannot be fulfilled again. Article 879 - Caucion Muciana (the guarantee given
by the heir to return the value of the property, fruits,
and interest in case of contravention)
Article 877(2)
If the potestative condition imposed upon the heir
If the condition is casual or mixed, it shall be
is negative, or consists in not doing or not giving
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something, he shall comply by giving a security that The designation of the day or time when the effects
he will not do or give that which has been of the institution of an heir shall commence or
prohibited by the testator, and that in case of cease shall be valid.
contravention he will return whatever he may have
received, together with its fruits and interests. In both cases, the legal heir shall be considered as
called to the succession until the arrival of the
period of its expiration. But in the first case he shall
Article 880 not enter into possession of the property until after
If the heir be instituted under a suspensive having given sufficient security, with the
condition or term, the estate shall be placed under intervention of the instituted heir.
administration until the condition is fulfilled, or
until it becomes certain that it cannot be fulfilled, or b. Effect (Articles 878. 885(2) in relation to Article 880)
until the arrival of the term.
Article 878
The same shall be done if the heir does not give the A disposition with a suspensive term does not
security required in the preceding article. prevent the instituted heir from acquiring his rights
and transmitting them to his heirs even before the
arrival of the term.
Article 881
The appointment of the administrator of the estate
Article 885(2)
mentioned in the preceding article, as well as the
manner of the administration and the rights and The designation of the day or time when the effects
obligations of the administrator shall be governed of the institution of an heir shall commence or
by the Rules of Court. cease shall be valid.

In both cases, the legal heir shall be considered as

Article 884
called to the succession until the arrival of the
Conditions imposed by the testator upon the heirs period of its expiration. But in the first case he shall
shall be governed by the rules established for not enter into possession of the property until after
conditional obligations in all matters not provided having given sufficient security, with the
for in this Section. intervention of the instituted heir.

3. Institution with a Term Article 880

a. Kinds (Article 885(1)) If the heir be instituted under a suspensive
Article 885(1) condition or term, the estate shall be placed under
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administration until the condition is fulfilled, or

until it becomes certain that it cannot be fulfilled, or
until the arrival of the term.

The same shall be done if the heir does not give the
security required in the preceding article.

4. Modal Institution (Articles 882-883)

Article 882
The statement of the object of the institution, or the
application of the property left by the testator, or the
charge imposed by him, shall not be considered as a
condition unless it appears that such was his intention.

That which has been left in this manner may be claimed at

once provided that the instituted heir or his heirs give
security for compliance with the wishes of the testator and
for the return of anything he or they may receive, together
with its fruits and interests, if he or they should disregard
this obligation.

Article 883
When without the fault of the heir, an institution referred
to in the preceding article cannot take effect in the exact
manner stated by the testator, it shall be complied with in a
manner most analogous to and in conformity with his
wishes.

If the person interested in the condition should prevent its

fulfillment, without the fault of the heir, the condition shall
be deemed to have been complied with.
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XVIII. SUBSTITUTION OF HEIRS The testator designates The testator institutes a
one or more persons to first heir and charges
A. Concept of Substitution (Article 857) substitute the heirs him to preserve and
Article 857 instituted in case such transmit the whole or
heir or heirs should die part of the inheritance
Substitution is the appointment of another heir so that he may before him, or should to a second heir.
enter into the inheritance in default of the heir originally not wish or should be
instituted. incapacitated to accept
the inheritance.
● According to Tolentino, “although the Code enumerates four
Only one heir inherits Both the first and the
class, there are really only two principal classes of second heirs inherit
substitutions: the simple and the fideicommissary. The others
are merely variations of these two.” (Palacios v. Ramirez)
B. Kinds of Substitution (Article 858)
● When does the Substitution takes place?: It takes place
Article 858
when:
1. The heir instituted dies before the testator; Substitution of heirs may be:
2. The heir is incapacitated to succeed from the testator; 1. Simple or common;
or 2. Brief or compendious;
3. The heir repudiated the inheritance. 3. Reciprocal; or
4. Fideicommissary.
● Limitations as to number of substitutes: No limitations
● Distinguish between modal institution and substitution
of heirs: 1. Simple or Common (Article 859)
Article 859
Modal Institution Substitution
The testator may designate one or more persons to
The institution of an heir The appointment of substitute the heir or heirs instituted in case such heir or
made for a certain another heir so that he heirs should die before him, or should not wish, or should
purpose or cause (Art. may enter into the be incapacitated to accept the inheritance.
882) inheritance in default of
the heir originally A simple substitution, without a statement of the cases to
instituted (Art. 857) which it refers, shall comprise the three mentioned in the
● Distinguish between simple and fideicommissary preceding paragraph, unless the testator has otherwise
provided.
substitution of heirs
Simple Fideicommissary
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2. Brief or Compendious (Article 860) 3. Heredero Comisario - the second heir to
Article 860 whom the inheritance is to be transmitted.
Two or more persons may be substituted for one; and one
person for two or more heirs. Requisites for Fideicommissary Substitution:
1. The fiduciario who takes the property upon
the death of the testator;
3. Reciprocal (Article 861)
2. The fideicommissary who takes the property
Article 861
subsequently to the fiduciary; and
If heirs instituted in unequal shares should be reciprocally 3. The fideicommissary must be one degree
substituted, the substitute shall acquire the share of the from the fiduciario.
heir who dies, renounces, or is incapacitated, unless it 4. The dual obligation imposed upon the
clearly appears that the intention of the testator was
fiduciary to preserve the property and to
otherwise. If there are more than one substitute, they shall
have the same share in the substitution as in the transmit it after a lapse of a period to the
institution. fideicommissary;
5. The fiduciario and the fideicommissary must
be living and qualified to succeed at the time
4. Fideicommissary (Articles 863-869)
of death of the testator
Article 863
A fideicommissary substitution by virtue of which the “One Degree”
fiduciary or first heir instituted is entrusted with the ● The Court held that a substitution is void
obligation to preserve and to transmit to a second heir the
when the substitute is not related to the
whole or part of the inheritance, shall be valid and shall
take effect, provided such substitution does not go beyond original heir instituted. (Palacios v. Ramirez)
one degree from the heir originally instituted, and ● One Degree must mean a child or a parent of
provided further, that the fiduciary or first heir and the the original instituted heir.
second heir are living at the time of the death of the
testator. Article 864
A fideicommissary substitution can never burden the
Parties to Fideicommissary Substitution: legitime.
1. Fideicomitente - the testator;
2. Heredero Fiduciario - the first heir charged
Article 865
with the preservation and transmission of
inheritance; Every fideicommissary substitution must be expressly
made in order that it may be valid.
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pension;
The fiduciary shall be obliged to deliver the inheritance to
the second heir, without other deductions than those with 4. Those which leave to a person the whole part of the
arise from legitimate expenses, credits and improvements, hereditary property in order that he may apply or
save in the case where the testator has provided otherwise. invest the same according to secret instructions
communicated to him by the testator.
● How is fideicommissary expressly made? (Crisologo
v. Ramirez) Article 868 - Effect of Nullity of the Fideicommissary
1. By using the word “fideicommissary The nullity of the fideicommissary substitution does not
2. By obligating the fiduciario to preserve and prejudice the validity of the institution of the heirs first
eventually transmit the property to the designated; the fideicommissary clause shall simply be
comisario. considered as not written.

Article 866 Article 869

The second heir shall acquire a right to the succession from A provision whereby the testator leaves to a person the
the time of the testator’s death, even though he should die whole or part of the inheritance, and to another the
before the fiduciary. The right of the second heir shall pass usufruct, shall be valid. If he gives the usufruct to various
to his heirs. persons, not simultaneously, but successively, the
provisions of Article 863 shall apply.
Article 867
The following shall not take effect: C. Time of Limitation on Inalienability (Article 870)
1. Fideicommissary substitution which are not made Article 870
in an express manner, either by giving them this
The dispositions of the testators declaring all or part of the estate
name, or imposing upon the fiduciary the absolute
inalienable for more than 20 years are void.
obligation to deliver the property to a second heir;

2. Provisions which contain a perpetual prohibition to Charges

alienate, and even a temporary one, beyond the Article 862
limit fixed in Article 863;
The substitute shall be subject to the same charges and conditions
3. Those which impose upon the heir the charge of imposed upon the instituted heir, unless and testator has expressly
paying to various persons successively, beyond the provided the contrary, or the charges or conditions are personally
limit prescribed in Article 863, a certain income or applicable only to the heir instituted.
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XIX. LEGACIES AND DEVISES (Articles 924-959) The heir who is bound to deliver the legacy or devise shall be liable
Article 924 in case of eviction, if the thing is indeterminate and is indicated
All things and rights which are within the commerce of man may only by its kind.
be bequeathed or devised.
Article 929
● All things and rights within the commerce of man If the testator, heir, or legatee owns only a part of, or an interest in
● It is necessary to distinguish legacies and devises with the thing bequeathed, the legacy or devise shall be understood
testamentary dispositions and effects to preterition. limited to such part or interest, unless the testator expressly
declares that he gives the thing in its entirety.
Article 925
A testator may charge with legacies and devises not only his Article 930
compulsory heirs but also the legatees and devisees. The legacy or devise of a thing belonging to another person is void,
if the testator erroneously believed that the thing pertained to him.
The latter shall be liable for the charge only to the extent of the But if the thing bequeathed, though not belonging to the testator
value of the legacy or the devise received by them. The compulsory when he made the will, afterwards becomes his, by whatever title,
heirs shall not be liable for the charge beyond the amount of the the disposition shall take effect.
free portion given them.

Article 931 - Orders the Heir to Acquire a Thing Belong to

Article 926 Another
When the testator charges one of the heirs with a legacy or devise, If the testator orders that a thing belonging to another be acquired
he alone shall be bound. in order that it be given to a legatee or devisee, the heir upon
whom the obligation is imposed or the estate must acquire it and
Should he not charge anyone in particular, all shall be liable in the gave the same to the legatee or devisee; but if the owner of the
same proportion in which they may inherit. thing refuses to alienate the same, or demands an excessive price
therefor, the heir or the estate shall only be obliged to give the just
Article 927 value of the thing.

If two or more heirs take possession of the estate, they shall be

solidarily liable for the loss or destruction of a thing devised or Article 932
bequeathed, even though only one of them should have been The legacy or devise of a thing which at the time of the execution of
negligent. the will already belonged to the legatee or devisee shall be
ineffective, even though another person may have some interest
Article 928 therein.
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assigning to the legatee all rights of action it may have against the
If the testator expressly orders that the thing be freed from such debtor. In the second case, by giving the legatee an acquittance,
interest or encumbrance, the legacy or devise shall be valid to that should he request one.
extent.
In both cases, the legacy shall comprise all interests on the credit
or debt which may be due the testator at the time of his death.
Article 933
If the thing bequeathed belonged to the legatee or devisee at the Article 936
time of the execution of the will, the legacy or devise shall be
without effect, even though it may have subsequently alienated by The legacy referred to in the preceding article shall lapse if the
him. testator, after having made it, should bring an action against the
debtor for the payment of his debt, even if such payment should
If the legatee or devisee acquires it gratuitously after such time, he not have been effected at the time of his death.
can claim nothing by virtue of the legacy or devise; but if it has
been acquired by onerous title he can demand reimbursement The legacy to the debtor of the thing pledged by him is understood
from the heir or the estate. to discharge only the right of pledge.

Article 934 Article 937 - Remission of Debts Existing at the Time of the
Execution of the Will
If the testator should bequeath or devise something pledged or
mortgaged to secure a recoverable debt before the execution of the A generic legacy of release or remission of debts comprises those
will, the estate is obliged to pay the debt, unless the contrary existing at the time of the execution of the will, but not subsequent
intention appears. ones.

The same rule applies when the thing is pledged or mortgaged

after the execution of the will. Article 938 - Application to Credit
A legacy or devise made to a creditor shall not be applied to his
Article 935 - Credit/Debt Existing at the Time of Death of the credit, unless the testator so expressly declares.
Testator
In the latter case, the creditor shall have the right to collect the
The legacy of a credit against a third person or of the remission or excess, if any, of the credit or of the legacy or devise.
release of a debt of the legatee shall be effective only as regards
that part of the credit or debt existing at the time of the death of
the testator. Article 939 - Payment of Debt not Owned or In Excess of
What is Owed
In the first case, the estate shall comply with the legacy by If the testator orders the payment of what he believes he owes but
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does not in fact owe, the disposition shall be considered as not is neither of inferior nor of superior quality.
written. If as regards a specified debt more than the amount
thereof is ordered paid, the excess is not due, unless a contrary
intention appears. Article 942 - Right of Choice to Heir or Legatee or Devisee
Whenever the testator expressly leaves the right of choice to the
The foregoing provisions are without prejudice to the fulfillment of heir, or to the legatee or devisee, the former may give or the latter
natural obligations. may choose whichever he may prefer.

Article 940 - Alternative Legacies or Devises Article 943 -

In alternative legacies or devises, the choice is presumed to be left If the heir, legatee or devisee cannot make the choice, in case it has
to the heir upon whom the obligation to give the legacy or devise been granted him, his right shall pass to his heirs; but a choice
may be imposed, or the executor or administrator of the estate of once made shall be irrevocable.
no particular heir is so obliged.

If the heir, legatee or devisee, who may have been given the choice, Article 944 - Legacy for Education and Support
dies before making it, this right shall pass to the respective heirs.
A legacy for education lasts until the legatee is of age, or beyond
the age of majority in order that the legatee may finish some
Once made, the choice is irrevocable.
professional, vocational or general course, provided he pursues his
course diligently.
In the alternative legacies or devises, except as herein provided,
the provisions of this Code regulating obligations of the same kind
A legacy for support lasts during the lifetime of the legatee, if the
shall be observed, save such modifications as may appear from the
testator has not otherwise provided.
intention expressed by the testator.
If the testator has not fixed the amount of such legacies, it shall be
Article 941 - Legacy of Generic Personal Property and Devise fixed in accordance with the social standing and the circumstances
of Indeterminate Real Property of the legatee and the value of the estate.

A legacy of generic personal property shall be valid even if there be If the testator or during his lifetime used to give the legatee a
no things of the same kind in the estate. certain sum of money or other things by way of support, the same
amount shall be deemed bequeathed, unless it be markedly
A devise of indeterminate real property shall be valid only if there disproportionate to the value of the estate.
be immovable property of its kind in the estate.

The right of choice shall belong to the executor or administrator Article 945 - Bequeath of Periodical Pension
who shall comply with the legacy by the delivery of a thing which If a periodical pension, or a certain annual, monthly, or weekly
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amount is bequeathed, the legatee may petition the court for the If the bequest should not be of a specific and determinate thing,
first installment upon the death of the testator, and for the but is generic or of quantity, its fruits and interests from the time
following ones which shall be due at the beginning of each period; of the death of the testators shall pertain to the legatee or devisee
such payment shall not be returned, even though the legatee if the testator has expressly so ordered.
should die before the expiration of the period which has
commenced.
Article 950 - Order of Payment

Article 946 - Bequeath of a Thing in Usufruct If the estate should not be sufficient to cover all the legacies or
devises, their payment shall be made in the following order:
If the thing bequeathed should be subject to a usufruct, the legatee 1. Remuneratory legacies or devises;
or devisee shall respect such right until it is legally extinguished. 2. Legacies or devises declared by the testator to be
preferential;
3. Legacies for support;
Article 947 4. Legacies for education;
The legatee or devisee acquires a right to the pure and simple 5. Legacies or devises of a specific, determinate thing which
legacies or devises from the death of the testator, and transmits it forms a part of the estate;
to his heirs. 6. All others pro rata.

Article 948 - Fruits and Loss of a Specific and Determinate Article 951 - Delivery of Accessories
Thing The thing bequeathed shall be delivered with all its accessories
If the legacy or device is of a specific and determinate thing and accessories and in the condition in which it may be upon the
pertaining to the testator, the legatee or devisee acquires the death of the testator.
ownership thereof upon the death of the testator, as well as any
growing fruits, or unborn offspring of animals, or uncollected Article 952 -
income; but not the income which was due and unpaid before the
latter’s death. The heir, charged with a legacy or devise, or the executor or
administrator of the estate, must deliver the very thing bequeathed
From the moment of the testator’s death, the thing bequeathed if he is able to do so and cannot discharge this obligation by paying
shall be at the risk of the legatee or devisee, who shall, therefore, its value.
bear its loss or deterioration, and shall be benefited by its increase
or improvement, without prejudice to the responsibility of the Legacies of money must be paid in cash, even though the heir or
executor or administrator. the estate may not have any.

The expenses necessary for the delivery of the thing bequeathed

Article 949 - Fruits and Loss of a Generic and Indeterminate shall be for the account of the heir or the estate, but without
Thing
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prejudice to the legitime. If the legatee or devisee cannot or is unwilling to accept the legacy
or devise, or if the legacy or devise for any reason should become
ineffective, it shall be merged into the mass of the estate, except in
Article 953 - Request for Delivery of Legacy or Devise cases of substitution and of the right of accretion.
The legatee or devisee cannot take possession of the thing
bequeathed upon his own authority, but shall request its delivery Article 957 - When the Legacy or Devise is Without Effect
and possession of the heir charged with the legacy or devise, or of
the executor or administrator of the estate should he be authorized The legacy or devise shall be without effect:
by the court to deliver it. 1. If the testator transforms the thing bequeathed in such a
manner that it does not retain either the form or the
denomination it had;
Article 954 - Non-Repudiation of Portion of the Legacy or
Devise if it be Onerous 2. If the testator by any title or for any cause alienates the
The legatee or devisee cannot accept a part of the legacy or devise thing bequeathed or any part thereof, it being understood
and repudiate the other, if the latter be onerous. that in the latter case the legacy or devise shall be without
effect only with respect to the part thus alienated. If after
Should he die before having accepted the legacy or devise, leaving the alienation the thing should again belong to the testator,
several heirs, some of the latter may accept and the others may even if if be by reason of nullity of the contract, the legacy
repudiate the share respectively belonging to them in the legacy or or devise shall not thereafter be valid, unless the
devise. reacquisition shall have been effected by virtue of the
exercise of the right of repurchase;

Article 955 - Repudiation of Either or Both, if Both Legacies 3. If the thing bequeathed is totally lost during the lifetime of
or Devises are Onerous or Gratuitous the testator, or after his death without the heir’s fault.
nevertheless , the person obliged to pay the legacy or
The legatee or devisee of 2 legacies or devises, one of which is devise shall be liable for eviction if the thing bequeathed
onerous, cannot renounce the onerous one and accept the other. If should not have been determinate as to its kind, in
both are onerous or gratuitous, he shall be free to accept or accordance with the provisions of Article 928.
renounce both, or to renounce either, But if the testator intended
that the 2 legacies or devises should be inseparable from each
other, the legatee or devisee must either accept or renounce both. When:
1. The thing is transformed into other form;
Any compulsory heir who is at the same time a legatee or devisee 2. The thing or its part, is alienated;
may waive the inheritance and accept the legacy or devise, or 3. The thing is totally lost during the lifetime of testator,
renounce the latter and accept the former, or waive or accept both.
or if after his death, without the fault of the heirs/

Article 956 - Effect of Repudiation of Legacy or Devise Article 958 - Mistake as to the Name of the Thing
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A mistake as to the name of the thing bequeathed or devised, is of

no consequence, if it is possible to identify the thing which the
testator intended to bequeath or devise.

Article 959 - Disposition in General Terms in Favor of

Relatives
A disposition made in general terms in favor of the testator’s
relatives shall be understood to be in favor of those nearest in
degree.

● This provision pertains to intestacy.

● The right to representation in intestate succession is rejected
in testamentary succession because the former rest on the
law of blood or in kinship with its consequent line attribute
and degree which are essential elements for the right of
representation while in testamentary succession, it is based
exclusively on the will of the testator, a different element in
the legal order to that of the nature or blood and therefore,
the right of representation cannot be applied. (Belen v. BPI)
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LEGAL OR INTESTATE SUCCESSION Other Grounds:
XX. GENERAL PROVISIONS 1. Testamentary disposition with resolutory condition
A. In General 2. Testamentary disposition has a term and the term has
1. When Does It Take Place (Article 960) expired.
Article 960
2. Who Are The Intestate Heirs (Article 961)
Legal or intestate succession takes place: Article 961
1. If a person dies without a will, or with a void will,
or one which has subsequently lost its validity; In default of testamentary heirs, the law vests the
2. When the will does not institute an heir to, or inheritance, in accordance with the rules hereinafter set
dispose of all the property belonging to the testator. forth, in the legitimate and illegitimate relatives of the
In such case, legal succession shall take place only deceased, in the surviving spouse, and in the State.
with respect to the property of which the testator
has not disposed;
3. If the suspensive condition attached to the Intestate Heirs
institution of heir does not happen or is not 1. Legitimate Relatives;
fulfilled, or if the heir dies before the testator, or 2. Illegitimate Relatives;
repudiates the inheritance, there being no 3. Surviving Spouse; and
substitution, and no right of accretion takes place; 4. State.
4. When the heir instituted is incapable of succeeding,
except in cases provided in this Code.
● Rule of Preference between Lines (“love descends,
ascends, then spreads out”)
Legal or Intestate Succession ○ Those in the DIRECT DESCENDING LINE
1. No will; exclude those in the DIRECT ASCENDING
2. Void will; LINE and COLLATERAL LINES and those in
3. Subsequently voided will; the DIRECT ASCENDING LINE exclude those
4. Preterition; in the COLLATERAL LINE
5. The will does not dispose all the properties;
6. Failure to comply with the suspensive 3. Order of and Share In The Testate Succession (Article 862)
condition; Article 962 - Nearest Excludes the Farther
7. Predeceased;
In every inheritance, the relative nearest in degree
8. Repudiation with a substitute and right of
excludes the more distant ones, saving the right of
accretion; and representation when it properly takes place.
9. Incapacity to succeed.
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Article 971 - The representative succeeds from the decedent,
Relatives in the same degree shall inherent in equal shares,
subject to the provisions of Article 1006 with respect to not from the represented
relatives of the full and half blood, and of Article 987, The representative is called to the succession by the law and not by
paragraph 2, concerning division between the paternal and the person representative. The representative does not succeed
maternal lines. the person represented by the one whom the person represented
● Rule of Proximity but the one whom the person represented would have succeeded.
○ The relative nearest in degree to the decedent
shall exclude the more distant ones. Article 972 - Only in the Descending Line
● Rule of Equal Division
The right of representation takes place in the direct descending
○ Relatives of the same degree shall inherit in
line, but never in the ascending.
equal shares
○ EXC: In the collateral line, it takes place only in favor of the children of
■ If inheritance is divided between the brothers or sisters, whether they be of the full or half blood.
paternal and maternal grandparents
■ When inheritance is divided among Article 973 - Capability to Succeed
the siblings and some of them full
blood and some half blood. In order that representation may take place, it is necessary that the
representative himself be capable of succeeding the decedent.

B. Right of Representation (Articles 970-977, 982, 902, 992,

1005-1008) Article 974 -
Article 970 Whenever there is succession by representation, the division of the
estate shall be made per stirpes, in such manner that the
Representation is a right created by fiction of law, by virtue of
representative or representatives shall not inherit more than what
which the representative is raised to the place and the degree of
the person they represent would inherit, if he were living or could
the person represented, and acquires the rights which the latter
inherit.
would have if he were living or if he could have inherited.

Article 975 -
● It is a mode of subrogation
● It happens when the person represented: When children of one or more brothers or sisters of the deceased
1. Is Incapacitated survive, they shall inherit from the latter by representation, if they
2. Predeceased the testator survive with their uncles and aunts. But if they alone survive, they
shall inherit in equal portions.
3. Is Disinherited

Article 976 -
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A person may represent him whose inheritance he has renounced. of same degree. They will inherit The heirs within the group will
equally. inherit equally. (Art. 974)
Article 977 - Heirs who repudiate may not be represented
Heirs who repudiate their share may not be represented.
● Because the heir deprived by his own positive acts his
children or descendants of the right of representation

Article 982 -
The grandchildren and other descendents shall inherit by right of
representation, and if any one them should died, leaving several
heirs, the portion pertaining to him shall be divided among the
latter in equal portions.

Article 902 - Descendants of Illegitimate Children

The rights of illegitimate children set forth in the preceding articles
are transmitted upon their death to their descendants, whether
legitimate or illegitimate.

Article 992 - Iron Curtain Rule (Discarded)

An illegitimate child has no right to inherit ab intestato from the
legitimate children and relatives of his father or mother; nor shall
such children or relatives inherit in the same manner from the
illegitimate child.

Per Capita Division Per Stirpes Division

Succession is by head or by number Succession is by group and the

of persons who succeed - which group will not inherit more the the
finds applicable when the heirs are shares of the person represented.
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XXI. ORDER OF INTESTATE SUCCESSION taking 1/2 of the estate, whatever be the number of
A. Descending Direct Line the ascendants or of the illegitimate children.
1. Estate of a Legitimate Decedent
a. Illegitimate Children (Articles 983, 988-992)
Article 992 -
Article 983 -
An illegitimate child has no right to inherit ab
If illegitimate children survive with legitimate intestato from the legitimate children and relatives
children, the shares of the former shall be in the of his father or mother; nor shall such children or
proportions prescribed by Article 895. relatives inherit in the same manner from the
illegitimate child.
Article 988 - In default of Legitimate Descendants and
Ascendants 2. Estate of an Illegitimate Decedent
In the absence of legitimate descendants or a. Legitimate Children and Descendent (Articles 903,
ascendants, the illegitimate children shall succeed 987-994)
to the entire estate of the deceased. Article 903 -
The legitime of the parents who have an
Article 989 - illegitimate child, when such child leaves neither
legitimate descendants, nor a surviving spouse, nor
If, together with illegitimate children, there should illegitimate children, is 1/2 of the hereditary estate
survive descendants of another illegitimate child of such illegitimate children. If only legitimate or
who is dead, the former shall succeed in their own illegitimate children are left, the parents are not
right and the latter by right of representation. entitled to any legitime whatsoever. If only the
widow or widower survives with parents of the
Article 990 - illegitimate child, the legitime of the parents is 1/4
of the hereditary estate of the child, and that of the
The hereditary rights granted by the two preceding surviving spouse also 1/4 of the estate.
articles to illegitimate children shall be transmitted
upon their death to their descendants, who shall
inherit by right of representation from their Article 987 -
deceased grandparent. In default of the father and mother, the ascendants
nearest in degree shall inherit.
Article 991 -
Should there be more than one of equal degree
If legitimate ascendants are left, the illegitimate belonging to the same line they shall divide the
children shall divide the inheritance with them, inheritance per capita; should they be of different
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lines but of equal degree, 1/2 shall go to the intestato from the legitimate children and relatives
paternal and the other half to the maternal of his father or mother; nor shall such children or
ascendants. In each line the division shall be made relatives inherit in the same manner from the
per capital. illegitimate child.

Article 988 - Article 993 -

In the absence of legitimate descendants or If an illegitimate child should die without issue,
ascendants, the illegitimate children shall succeed either legitimate or illegitimate, his father or
to the entire estate of the deceased. mother shall succeed to his entire estate; and if the
child’s filiation is duly proved as to both parents,
who are both living, they shall inherit from him
Article 989 - share and share alike
If, together with illegitimate children, there should
survive descendants of another illegitimate child Article 994 -
who is dead, the former shall succeed in their own
right and the latter by right of representation. In default of the father or mother, an illegitimate
child shall be succeeded by his or her surviving
spouse who shall be entitled to the entire estate.
Article 990 -
The hereditary rights granted by the two preceding If the widow or widower should survive with
articles to illegitimate children shall be transmitted brothers and sisters, nephews and nieces, she or he
upon their death to their descendants, who shall shall inherit 1/2 of the estate, and the latter the
inherit by right of representation from their other half.
deceased grandparent.
b. Illegitimate Children and Descendant (Article 990,
Article 991 - 992)
Article 990 -
If legitimate ascendants are left, the illegitimate
children shall divide the inheritance with them, The hereditary rights granted by the two preceding
taking 1/2 of the estate, whatever be the number of articles to illegitimate children shall be transmitted
the ascendants or of the illegitimate children. upon their death to their descendants, who shall
inherit by right of representation from their
deceased grandparent.
Article 992 -
An illegitimate child has no right to inherit ab
Article 991 -
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If legitimate ascendants are left, the illegitimate If a widow or widower survives with illegitimate children, such
children shall divide the inheritance with them, widow or widower shall be entitled to 1/2 of the inheritance, and
taking 1/2 of the estate, whatever be the number of the illegitimate children or their descendants, whether legitimate
the ascendants or of the illegitimate children. or illegitimate, to the other half.

Article 992 - Article 999 -

An illegitimate child has no right to inherit ab When the widow or widower survives with legitimate children or
intestato from the legitimate children and relatives their descendants and illegitimate children or their descendants,
of his father or mother; nor shall such children or whether legitimate or illegitimate, such widow or widower shall be
relatives inherit in the same manner from the entitled to the same share as that of a legitimate child.
illegitimate child.
Article 1000 -
B. Surviving Spouse (Articles 995-1002)
If legitimate ascendants, the surviving spouse, and illegitimate
Article 995 - children are left, the ascendants shall be entitled to 1/2 of the
In the absence of legitimate descendants and ascendants, and inheritance, and the other half shall be divided between the
illegitimate children and their descendants, whether legitimate or surviving spouse and the illegitimate children so that such widow
illegitimate, the surviving spouse shall inherit the entire estate, or widower shall have 1/4 of the estate and the illegitimate
without prejudice to the rights of brothers and sisters, nephews children the other fourth.
and nieces, should there be any, under Article 1001.
Article 1001 -
Article 996 - Should brother and sisters or their children survive with the
If a widow or widower and legitimate children or descendants are widow or widower, the latter shall be entitled to 1/2 of the
left, the surviving spouse has in the succession the same share as inheritance and the brothers and sisters or their children to the
that of each of the children other half.

Article 997 - Article 1002 -

When the widow or widower survives with legitimate parents or In case of a legal separation, if the surviving spouse gave cause for
ascendants, the surviving spouse shall be entitled to 1/2 of the the separation, he or she shall not have any of the rights granted in
estate, and the legitimate parents or ascendants to the other half. the preceding articles.

Article 998 -
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C. Ascending Direct Line
1. Legitimate Parents and Ascendant (Articles 985-987) D. Collateral Line (Articles 1003-1010)
Article 985 - Article 1003 -
In default of legitimate children and descendants of the If there are no descendants, ascendants, illegitimate children, or a
deceased, his parents and ascendants shall inherit from surviving spouse, the collateral relatives shall succeed to the entire
him, to the exclusion of collateral relatives. estate of the deceased in accordance with the following articles

Article 986 - Article 1004 - Brothers and Sisters

The father and mother, if living, shall inherit in equal Should the only survivors be brothers and sisters of the full blood,
shares. they shall inherit in equal shares

Should only one of them survive, he or she shall succeed to

the entire estate of the child. Article 1005 - Brothers and Sisters with Nephews and Nieces
Should brothers and sisters survive together with nephews and
Article 987 - nieces, who are the children of the descendant’s brothers and
sisters of the full blood, the former shall inherit per capita, and the
In default of the father and mother, the ascendants nearest latter per stirpes.
in degree shall inherit.

Should there be more than one of equal degree belonging Article 1006 - Brothers and Sisters of Full Blood and Half
to the same line they shall divide the inheritance per Blood
capita; should they be of different lines but of equal degree,
Should brothers and sisters of the full blood survive together with
1/2 shall go to the paternal and the other half to the
brothers and sisters of the half blood, the former shall be entitled
maternal ascendants. In each line the division shall be
to a share double that of the latter.
made per capita.

Article 1007 - Brothers and Sisters of Half Blood

2. Illegitimate Parents (Article 993)
Article 993 - In case brothers and sisters of the half blood some on the father’s
and some on the mother’s side, are the only survivors, all shall
If an illegitimate child should die without issue, either inherit in equal shares without distinction as to the origin of the
legitimate or illegitimate, his father or mother shall property.
succeed to his entire estate; and if the child’s filiation is
duly proved as to both parents, who are both living, they
shall inherit from him share and share alike. Article 1008 - Children of Half Blood Brothers and Sisters
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Children of brothers and sisters of the half blood shall succeed per After the payment of debts and charges, the personal property
capita or per stirpes, in accordance with the rules laid down for the shall be assigned to the municipality or city where the deceased
brothers and sisters of the full blood. last resided in the Philippines, and the real estate to the
municipalities or cities, respectively, in which the same is situated.
Article 1009 - In Default of Brothers and Sisters and Nephews If the deceased never resided in the Philippines, the whole estate
and Nieces shall be assigned to the respective municipalities or cities where
Should there be neither brothers nor sisters nor children of the same is located.
brothers or sisters, the other collateral relatives shall succeed to
the estate. Such estate shall be for the benefit of public schools, and public
charitable institutions and centers, in such municipalities or cities.
The latter shall succeed without distinction of lines or preference The court shall distribute the estate as the respective needs of each
among them by reason of relationship by the whole blood. beneficiary may warrant.

The court, at that instance of an interested party, or on its own

Article 1010 - Limitation Up To 5th degree in the Collateral motion, may order the establishments of a permanent trust, so that
Line only the income from the property shall be used.

The right to inherit ab intestato shall not extend beyond the fifth
degree of relationship in the collateral line Article 1014 - Prescription to File a Claim
If a person legally entitled to the estate of the deceased appears
E. The State (Articles 1011-1014) and files a claim thereto with the court within 5 years from the
Article 1011 - date the property was delivered to the State, such person shall be
entitled to the possession of the same, or if sold the municipality or
In default of persons entitled to succeed in accordance with the city shall be accountable to him for such part of the proceeds as
provisions of the preceding Sections, the State shall inherit the may not have been lawfully spent.
whole estate.

Article 1012 - In Accordance with the Rules of Court

In order that the State may take possession of the property
mentioned in the preceding Article, the pertinent provisions of the
Rules of Court must be observed.

Article 1013 - Distribution of Estate to the State

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PROVISIONS COMMON TO TESTATE AND INTESTATE SUCCESSION Article 1020 - Succeeds to All the Rights and Obligation
XXII. RIGHT OF ACCESSION The heirs to whom the inheritance accrues shall succeed to all the
A. Concept (Articles 1015-1017, 1019-1020) rights and obligations which the heir who renounced or could not
Article 1015 - receive it would have had.

Accretion is a right by virtue of which, when two or more persons

are called to the same inheritance, devise or legacy, the part B. In Legal Succession (Article 1018)
assigned to the one who renounces or cannot receive his share, or Article 1018 -
who died before the testator, is added or incorporated to that of
his co-heirs, co-devisees, or co-legatees. In legal succession the share of the person who repudiates the
inheritance shall alway accrue to his co-heirs.

Article 1016 - Requisites for Right of Accretion

C. Compulsory Succession (Article 1021)
In order that the right of accretion may take place in a Article 1021 -
testamentary succession, it shall be necessary:
1. That 2 or more persons be called to the same inheritance, Among the compulsory heirs the right of accretion shall take place
or to the same portion thereof, pro indiviso; and only when the free portion is left to 2 or more of them, or to any
2. That one of the persons thus called die before the testator, one of them and to stranger.
or renounce the inheritance, or be incapacitated to receive
it. Should the part repudiated be the legitime, the other co-heirs shall
succeed to it in their own right, and not by the right of accretion.
Article 1017 -
D. Testamentary (Article 1022-1023)
The words “1/2 for each” or “in equal shares” or any others which,
though designating an aliquot part, do not identify it by such Article 1022 -
description as shall make each heir the exclusive owner of In testamentary succession, when the right of accretion does not
determinate property, shall not exclude the right of accretion. take place, the vacant portion of the instituted heirs, if no
substitute has been designated, shall pass to the legal heirs of the
In case of money or fungible goods, if the share of each heir is not testator, who shall receive it with the same charges and
earmarked, there shall be a right of accretion. obligations.

Article 1019 - Proportionate to their Inheritance Article 1023 - Among Devisees, Legatees, and Usufructuaries
The heirs to whom the portion goes by the right of accretion take it Accretion shall also take place among devisees, legatees, and
in the same proportion that they inherit. usufructuaries under the same conditions established for heirs.
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XXIII. PARTITION AND DISTRIBUTION OF THE ESTATE observed even should there be among the co-heirs a minor or a
A. Partition (Articles 1078-1090) person subject to guardianship; but the mandatory, in such case,
Article 1078 - Ownership in Common shall make an inventory of the property of the estate, after
notifying the co-heirs, the creditors, and the legatees or devisees.
When there are 2 or more heirs, the whole estate of the decedent
is, before its partition, owned in common by such heirs, subject to
the payment of debts of the deceased. Article 1082 - Acts of Putting an End to Indivision
Every act which is intended to put an end to indivision among co-
Article 1079 - Partition, Definition heirs and legatees or devisees is deemed to be a partition, although
it should purport to be a sale, and exchange, a compromise, or any
Partition, in general, is the separation, division and assignment of a other transaction.
thing held in common among those to whom it may belong. The
thing itself may be divided, or its value.
Article 1083 - Right to Demand Partition and Prohibition to
Partition
Article 1080 - How is Partition Effected?
Every co-heir has a right to demand the division of the estate
Should a person make partition of his estate by an act inter vivos,
unless the testator should have expressly forbidden its partition, in
or by will, such partition shall be respected, insofar as it does not
which case the period of indivision shall not exceed 20 years as
prejudice the legitime of the compulsory heirs.
provided in Article 494. This power of the testator to prohibit
division applies to the legitime.
A parent who, in the interest of his or her family, desires to keep
any agricultural, industrial, or manufacturing enterprise intact,
Even though forbidden by the testator, the co-ownership
may avail himself of the right granted him in this article, by
terminates when any of the causes for which partnership is
ordering that the legitime of the other children to whom the
dissolved takes place, or when the court finds for compelling
property is not assigned, be paid in cash.
reasons that division should be ordered, upon petition of one of
● Partition inter vivos does not require a will to be valid, the co-heirs.
provided that the partition does not involved any mortis
cause disposition. Article 1084 -

Article 1081 - Instrument of the Power to Make the Partition Voluntary heirs upon whom some condition has been imposed
cannot demand a partition until the condition has been fulfilled;
A person may, by an act inter vivos or mortis causa, intrust the but the other co-heirs may demand it by giving sufficient security
mere power to make the partition after his death to any person for the rights which the former may have in case the condition has
who is not one of the co-heirs. not been fulfilled or can never be complied with, the partition shall
be understood to be provisional.
The provisions of this and of the preceding article shall be
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Article 1085 - Equality in the Division of the Properties 4. The right of redemption must be exercised by one or
more of the co-heirs within a period of one-month to
In the partition of the estate, equality shall be observed as far as
possible, dividing the property into lots, or assigning to each of the be counted from the time that they were notified in
co-heirs things of the same nature, quality and kind. writing by the co-heir vendor; and
5. The vendee is reimbursed for the price of sale.
Article 1086 - Indivisibility of the Property
Article 1089 - Delivery of Title of Ownership
Should a thing be indivisible, or would be much impaired by its
being divided, it may be adjudicated to one of the heirs, provided The titles of acquisition or ownership of each property shall be
he shall pay the others the excess in cash. delivered to the co-heir to whom said property has been
adjudicated.
Nevertheless, if any of the heirs should demand that the thing be
sold at public auction and that strangers be allowed to bid, this Article 1090 - Delivery of Title to the One Having the Largest
must be done. Interest or If Interests are the Same, the Oldest
When the title comprises 2 or more pieces of land which have been
Article 1087 - Reimbursement assigned to 2 or more co-heirs, or when it covers 1 piece of land
In the partition the co-heirs shall reimburse one another for the which has been divided between 2 or more co-heirs, the title shall
income and fruits which each one of them may have received from be delivered to the one having the larges interest, and authentic
any property of the estate, for any useful and necessary expenses copies of the title shall be furnished to the other co-heirs at the
made upon such property, and for any damage thereto through expense of the estate. If the interest of each co-heir should be the
malice or neglect. same, the oldest shall have the title.

Article 1088 - Legal Redemption B. Effects of Partition (Articles 1091-1096)

Article 1091 - Conferment of Exclusive Ownership
Should any of the heirs sell his hereditary rights to a stranger
before the partition, any or all of the co-heirs may be subrogated to A partition legally made confers upon each heir the exclusive
the rights of the purchaser by reimbursing him for the price of the ownership of the property adjudicated to him.
sale, provided they do so within the period of one month from the
time they were notified in writing of the sale by the vendor.
Article 1092 - Reciprocal Obligation of Warranty

Requisites for Legal Redemption (Art. 1085-1088) After the partition has been made, the co-heirs shall be reciprocally
bound to warrant the title to, and the quality of , each property
1. There must be several co-heirs;
adjudicated.
2. One of them sells his rights to a stranger;
3. The sale is made before the partition is effected;
Article 1093 - Insolvent Co-Heir
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The reciprocal obligation of warranty referred to in the preceding intention was otherwise, but the legitime shall always
article shall be proportionate to the respective hereditary shares of remain unimpaired;
the co-heirs, but if any one of them should be insolvent, the other 2. When it has been so expressly stipulated in the agreement
co-heirs shall be liable for his part in the same proportion, of partition, unless there has been bad faith;
deducting the part corresponding to the one who should be 3. When the eviction is due to a cause subsequent to the
indemnified. partition, or has been caused by the fault of the distributee
of the property.
Those who pay for the insolvent heir shall have a right of action
against him for reimbursement, should his financial condition
improve. C. Rescission and Nullity of Partition (Articles 1097-1105)
Article 1097 -

Article 1094 - Prescription to Enforce Warranty A partition may be rescinded or annulled for the same causes as
contracts.
An action to enforce the warranty among heirs must be brought
within 10 years from the date the right of action accrues.
Article 1098 - Rescission on Account of Lesion

Article 1095 - A partition, judicial or extrajudicial, may also be rescinded on

account of lesion, when any one of the co-heirs received things
If a credit should be assigned as collectible, the co-heirs shall not whose value is less, by at least 1/4, than the share to which he is
be liable for the subsequent insolvency of the debtor of the estate, entitled, considering the value of the things at the time they were
but only for his insolvency at the time the partition is made. adjudicated.

The warranty of the solvency of the debtor can only be enforced

during the 5 years following the partition. Article 1099 -
The partition made by the testator cannot be impugned on the
Co-heirs do not warrant bad debts, if so know to, and accepted by,
ground of lesion, except when the legitime of the compulsory heirs
the distributee. But if such debts are not assigned to a co-heir, and
is thereby prejudiced, or when it appears or may reasonably be
should be collected, in whole or in part, the amount collected shall
presumed, that the intention of the testator was otherwise.
be distributed proportionately among the heirs.

Article 1100 - Prescription of Action for Rescission on

Article 1096 - Extinguishment of the Obligation of Warranty
Account of Lesion
The obligation of warranty among co-heirs shall cease in the
following cases: The action for rescission on account of lesion shall prescribe after
1. When the testator himself has made the partition, unless it 4 years from the time the partition was made.
appears, or it may be reasonably presumed, that his
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Article 1101 - Option of the Heir
The heir who is sued shall have the option of indemnifying the
plaintiff for the loss, or consenting to a new partition.

If a new partition is made, it shall affect neither those who have not
been prejudiced nor those have not received more than their just
share.

Article 1102 - Disqualified to Rescind Due to Lesion if the

Heir Alienated the Real Property Adjudicated to Him
An heir who has alienated the whole or a considerable part of the
real property adjudicated to him cannot maintain an action for
rescission on the ground of lesion, but he shall have a right to be
indemnified in cash.

Article 1103 - Omission of Objects or Securities of the

Inheritance
The omission of one or more object or securities of the inheritance
shall not cause the rescission of the partition on the ground of
lesion, but the partition shall be completed by the distribution of
the objects or securities which have been omitted.

Article 1104 - Partition with Preterition

A 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 proportionately obliged to pay the person omitted the
share which belongs to him.

Article 1105 - Partition with the Inclusion of a Non-Heir

A partition which includes a person believed to be an heir, but who
is not, shall be void only with respect to such person.
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XXIV. EXECUTORS AND ADMINISTRATORS ● Rule 86, Sec. 5 of RRC - Claims which must be filed under the notice.
● Articles 1058-1060 If not filed, barred; exceptions.
Article 1158 - All claims for money against the decedent, arising from contract,
All matters relating to the appointment, powers and duties of express or implied, whether the same be due, not due, or
executors and administrator and concerning the administration of contingent, all claims for funeral expenses and expense for the last
estates of deceased persons shall be governed by the Rules of sickness of the decedent, and judgment for money against the
Court. decedent, must be filed within the time limited in the notice;
otherwise they are barred forever, except that they may be set
forth as counterclaims in any action that the executor or
Article 1159 - administrator may bring against the claimants. Where an executor
or administrator commences an action, or prosecutes an action
If the assets of the estate of a decedent which can be applied to the
already commenced by the deceased in his lifetime, the debtor may
payment of debts are not sufficient for that purpose, the provisions
set forth by answer the claims he has against the decedent, instead
of Articles 2239 to 2251 on Preference of Credits shall be
of presenting them independently to the court as herein provided,
observed, provided that the expenses referred to in Article 2244,
and mutual claims may be set off against each other and if final
No 8, shall be those involved in the administration of the
judgment is rendered in favor of the defendant, the amount so
decedent’s estate.
determined shall be considered the true balance against the estate,
as though the claim had been presented directly before the court in
Article 1160 - the administration proceedings. Claims not yet due, or contingent,
may be approved at their present value.
A corporation or association authorized to conduct the business of
a trust company in the Philippines may be appointed as an
executor, administrator, guardian of an estate, or trustee, in like
manner as an individual; but it shall not be appointed guardian of
the person of a ward.

● Rule 87, Sec. 1 of RRC - Actions which may and which may not be
brought against executor and administrator.
No action upon a claim for the recovery of money or debt or
interest thereon shall be commenced against the executor or
administrator; but to recover real or personal property, or an
interest therein, from the estate, or to enforce a lien thereon, and
actions to recover damages for an injury to person or property,
real or personal, may be commenced against him.