ANTHONY TEJARES

MIDTERM Reviewer 1

CONCEPT OF SUCCESSION
A. LAW THAT GOVERN SUCCESSION CHARACTERISTICS OF SUCCESSION
1. Succession is a derivate mode of acquiring and transmitting
Art. 2253. The Civil Code of 1889 and other previous laws ownership and other real rights over property.
shall govern rights originating, under said laws, from acts 2. It takes place from the moment of the death of decedent or
done or events which took place under their regime, even deceased person
though this Code may regulate them in a different manner, or 3. The transmission to the successor or grantee (heirs, legatee,
may not recognize them. But if a right should be declared for or devisee) covers only property, rights and obligation of the
the first time in this Code, it shall be effective at once, even decedent which are not extinguished by his death.
though the act or event which gives rise thereto may have 4. It is limited to the extent of the value of the inheritance for
been done or may have occurred under prior legislation, the heir is not liable beyond the value of the property he
provided said new right does not prejudice or impair any received from the decedent.
vested or acquired right, of the same origin. (Rule 1) 5.Succession takes place by will( testate) or by operations of
the law(intestate) or party by will and party by operation of
Art. 2263. Rights to the inheritance of a person who died, with law(mixed).
or without a will, before the effectively of this Code, shall be
governed by the Civil Code of 1889, by other previous laws, Donation Inter Vivos- given during the lifetime of grantee
and by the Rules of Court. The inheritance of those who, with Donation Mortis Causa- made effective from the moment of
or without a will, die after the beginning of the effectivity of death of decedent.
this Code, shall be adjudicated and distributed in accordance
with this new body of laws and by the Rules of Court; but the Succession is a Donation Mortis Causa.
testamentary provisions shall be carried out insofar as they
may be permitted by this Code. Therefore, legitimes, During the lifetime- delivered to enjoy or used it but cannot
betterments, legacies and bequests shall be respected; disposed/ mortgage /(documentation or effective) cannot be
however, their amount shall be reduced if in no other manner until the death of A. Full right to disposed upon death of
can every compulsory heir be given his full share according to testator, enjoinment is conditional. Immaterial if enjoy or not.
this Code. (Rule 12a)
Not enjoyed until the death of A, but there is execution.
DEFINITION AND NATURE OF SUCCESION Donation Intervivos.

Art. 774. Succession is a mode of acquisition by virtue of * Determination is when the ownership will be transmitted.
which the property, rights and obligations to the extent of the
value of the inheritance, of a person are transmitted through ELEMENTS OF SUCCESSION (Requisites for transmission of
his death to another or others either by his will or by operation successional rights)
of law. (n) 1.OPENING OF SUCCESSION
A. DEATH (of the decedent)
REASON OF SUCCESSION
Person work or do everything for his family.
Art. 777. The rights to the succession are transmitted from the (3) A person who has been in danger of death under other
moment of the death of the decedent. (657a) circumstances and his existence has not been known for four
Notes: years. (n)
1. Right of heirs made effective from the moment of death.
2. Death the determining factor i) ACTUAL
Death is the determining factor when the heirs acquire ii) CONSTRUCTIVE
a definite right to the inheritance, whether such right be pure, Importance to know when the person died: because death that
conditional or with a term. operates, that would start everything on succession or when
3. Right retroactive from the moment of death. Enjoyment of the heir could have inherit, otherwise, they only have inchoate
property title.
4. Tradition or Delivery is not essential-
By fiction of law, the heirs receives the inheritance at Death as a fact is deemed occurs when it actually takes place.
the point of the death of his predecessor. Actual, Physical or Natural Death. Death is presumed to take
place in the circumstances under art 390-391 of the civil code. The
Art. 781. The inheritance of a person includes not only the time of death is presumed to be at the expiration of the 10-year-
property and the transmissible rights and obligations existing perioda s prescribed by article 390 and the moment of disappearance
at the time of his death, but also those which have accrued under Article 391.
thereto since the opening of the succession. (n)
Presumptive death occasioned by prolonged absence.
PRESUMPTION OF DEATH Whereabouts being unknown and it being certain whether he
lives or not.
Art. 390. After an absence of seven years, it being unknown
whether or not the absentee still lives, he shall be presumed 390- Ordinary Absence – disappearance under normal
dead for all purposes, except for those of succession. conditions, gives rise to the presumption of death.
The absentee shall not be presumed dead for the purpose of opening 391- Qualified or Extraordinary Absence.
his succession till after an absence of ten years. If he The effects of succession are without prejudice to the to there
disappeared after the age of seventy-five years, AN ABSENCE turn or appearance of the absentee.
OF FIVE YEARS SHALL BE SUFFICIENT in order that his
succession may be opened. (n) iii) EFFECTS
Art. 1347. All things which are not outside the commerce of
Art. 391. The following shall be PRESUMED DEAD FOR ALL men, including future things, may be the object of a contract.
PURPOSES, including the division of the estate among the All rights which are not intransmissible may also be the object
heirs: of contracts.
No contract may be entered into upon future inheritance
(1) A person on board a vessel lost during a sea voyage, or an except in cases expressly authorized by law.
aeroplane which is missing, who has not been heard of for
four years since the loss of the vessel or aeroplane; All services which are not contrary to law, morals, good
customs, public order or public policy may likewise be the
(2) A person in the armed forces who has taken part in war, object of a contract. (1271a)
and has been missing for four years;
Art. 1461. Things having a potential existence may be the
object of the contract of sale.
 ANTHONY TEJARES
MIDTERM Reviewer 3

(1) Legitimate children and descendants, with respect to their

2. SUBJECTIVE ELEMENTS OF SUCCESSION legitimate parents and ascendants;
a. Decedent
Art. 775. In this Title, "decedent" is the general term applied to (2) In default of the foregoing, legitimate parents and ascendants,
the person whose property is transmitted through succession, with respect to their legitimate children and descendants;
whether or not he left a will. If he left a will, he is also called
the testator. (n) (3) The widow or widower;
b. Heirs
(4) Acknowledged natural children, and natural children by
Art. 782. AN HEIR is a person called to the succession either legal fiction;
by the provision of a will or by operation of law.
Notes: (5) Other illegitimate children referred to in Article 287.
Kinds of Heirs
1. Compulsory- If the law reserves for them a legitime Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by
2. Voluntary/ Testate- if real personal/real property by those in Nos. 1 and 2; neither do they exclude one another.
device/legacy in the testator will insofar as the free portion is
concerned. In all cases of illegitimate children, their filiation must be duly
3. Legal/Intestate- if they succeed to the inheritance in the proved.
absence of a valid will.
The father or mother of illegitimate children of the three
Heirs- are instituted to the whole or to an aliquot portion classes mentioned, shall inherit from them in the manner and
thereof (portion of the inheritance) to the extent established by this Code. (807a)
Succeed to the remainder of the state after all debt,
devisee or legacies have been paid. Notes:
Devise/Legatee- is given individualized items of the Legitimate Children/Descendant- primary
property. compulsory heirs, exclude Grandchild, when living at the time
Heirs succeed the general right while devise succeed of the testator death. In case one or more children cannot
by special or particular title. succeed, their children or descendants inherit by right of
Testamentary- relative or not representation.
Intestate- he must be relative
Devisee- person to whom gifts of specific/determinate real Adopted Children (they are compulsory heir, the
property are given by virtue of will same as matter as LC( legitimate child shall be deemed to be
Legatee- property given is personal legitimate child of the adopters) / Legitimated Children –
enjoy the same right as legitimate children.

Art. 887. The following are compulsory heirs: Parents/Ascendants- secondary compulsory heirs, not
compulsory, only inherit in case of default.
Surviving Spouse
1. A stranger to estate of parent-in law- considered as third Art. 1003. If there are no descendants, ascendants, illegitimate
person. children, or a surviving spouse, the collateral relatives shall
2.Legitime in full ownership- succeed to the entire estate of the deceased in accordance with
Art. 892. If only one legitimate child or descendant the following articles. (946a)
of the deceased survives, the widow or widower shall be
entitled to one-fourth of the hereditary estate. In case of Notes:
a legal separation, the surviving spouse may inherit if The nearer excludes the more distant.
it was the deceased who had given cause for the same. Brother/Sister, Nephew/nieces inherit in exclusion of others.
If there are two or more legitimate children or Only Collateral Relatives who are within 5th degree if
descendants, the surviving spouse shall be entitled to a relationship
portion equal to the legitime of each of the legitimate Voluntary Heirs Cannot be representated.
children or descendants.
In both cases, the legitime of the surviving spouse COMPULSORY HEIRS
shall be taken from the portion that can be freely Art. 887. The following are compulsory heirs:
disposed of by the testator.
3. When marriage is void- surviving spouse is entiled to a (1) Legitimate children and descendants, with respect to their
legitime, there should have been a valid marriage legitimate parents and ascendants;
4. Where marriage is Null and Void- no valid marriage
5. When marriage is Voidable- existing marriage which (2) In default of the foregoing, legitimate parents and
remains Valid until annulled by a competent court ascendants, with respect to their legitimate children and
6.When there is Legal Separation- descendants;
It disqualify the offending spouse from inheriting
from the innocent spouse by Intestate Succession, will shall be (3) The widow or widower;
revoked by operation of law. There must be a judicial decree
to disqualify the surviving spouse. (4) Acknowledged natural children, and natural children by
legal fiction;
Art. 901. When the testator dies leaving illegitimate children
and no other compulsory heirs, such illegitimate children
(5) Other illegitimate children referred to in Article 287.
shall have a right to one-half of the hereditary estate of the
deceased.
Compulsory heirs mentioned in Nos. 3, 4, and 5 are not
The other half shall be at the free disposal of the testator.
excluded by those in Nos. 1 and 2; neither do they exclude one
another.
In all cases of illegitimate children, their filiation must be duly
Art. 902. The rights of illegitimate children set forth in the
proved.
preceding articles are transmitted upon their death to their
descendants, whether legitimate or illegitimate. (843a)
The father or mother of illegitimate children of the three
classes mentioned, shall inherit from them in the manner and
Notes:
to the extent established by this Code. (807a)
Right to Representation- inherit the same proportion. If the
child is Legitimate then his descendant which is
illegitimate(has no right to represent if former dies)
 ANTHONY TEJARES
MIDTERM Reviewer 5

Art. 902. The rights of illegitimate children set forth in the In the direct line, ascent is made to the common ancestor.
preceding articles are transmitted upon their death to their Thus, the child is one degree removed from the parent, two
descendants, whether legitimate or illegitimate. (843a) from the grandfather, and three from the great-grandparent.

Art. 992. An illegitimate child has no right to inherit ab In the collateral line, ascent is made to the common ancestor
intestato from the legitimate children and relatives of his and then descent is made to the person with whom the
father or mother; nor shall such children or relatives inherit in computation is to be made. Thus, a person is two degrees
the same manner from the illegitimate child. (943a) removed from his brother, three from his uncle, who is the
brother of his father, four from his first cousin, and so forth.
RELATIONSHIP (918a)
Art. 963. Proximity of relationship is determined by the
number of generations. Each generation forms a degree. (915) Art. 967. Full blood relationship is that existing between
Notes: persons who have the same father and the same mother.
Relationship- is a blood or marriage tie uniting a person to
another. Half blood relationship is that existing between persons who
have the same father, but not the same mother, or the same
Art. 964. A series of degrees forms a line, which may be either mother, but not the same father. (920a)
direct or collateral.

A DIRECT LINE is that constituted by the series of degrees among

ascendants and descendants. CAPACITY TO SUCCEED
I Capacity- living and qualified
A COLLATERAL LINE is that constituted by the series of degrees
among persons who are not ascendants and descendants, but who Art. 1024. Persons not incapacitated by law may succeed by
come from a common ancestor. (916a) will or ab intestato.
The provisions relating to incapacity by will are equally
Art. 965. The direct line is either descending or ascending. applicable to intestate succession. (744, 914)

The former unites the head of the family with those who
descend from him. Notes:
In order to make incapacity- there must be a law that
The latter binds a person with those from whom he descends. specifically exclude him.
(917) Absolute Incapacity- 1025.1026,1027(6)
Relative incapavity- disqualified by only with respect to
Art. 966. In the line, as many degrees are counted as there are certain person or property, such as incapacity by reason of
generations or persons, excluding the progenitor. undue influence(1027 or unworthiness 1028.
Art. 1025. In order to be capacitated to inherit, the heir, devisee 1.Must be living at the time the succession opens.
or legatee must be living at the moment the succession opens, 2. Except in the cases of representation, when it is proper.
except in case of representation, when it is proper. Dead Devisee and legatees, and other voluntary who have
A child already conceived at the time of the death of the inherited the free portion (including compulsory heirs with
decedent is capable of succeeding provided it be born later respect to such free portion), cannot be represented.
under the conditions prescribed in article 41 3. Conceived at the time of death of the decedent- is
considered born for all purposes that are favorable to see it,
Notes: and thus has capacity to succeed. (Acquired complete legal
Civil Personality is extinguished by death, Except in case of personality).
representation
Art. 972. The right of representation takes place in the
direct descending line, but never in the ascending. Incapacity/ Disqualification
In the collateral line, it takes place only in favor of the
children of brothers or sisters, whether they be of the Art. 1024. Persons not incapacitated by law may succeed by
full or half blood. will or ab intestato.
The provisions relating to incapacity by will are equally
Art. 856. A voluntary heir (Devisee/legatees) who dies applicable to intestate succession. (744, 914)
before the testator transmits nothing to his heirs.
Disqualification due to possible influence
A compulsory heir who dies before the testator, a Applicable only to testamentary succession 1 to 5 except 6
person incapacitated to succeed, and one who which is both applicable to intestate succession.
renounces the inheritance, shall transmit no right to his
own heirs except in cases expressly provided for in this Art. 1027. The following are incapable of succeeding:
Code.
Notes: (1) The PRIEST who heard the confession of the testator
Who have inherited the free portion in testate during his last illness, OR the MINISTER OF THE GOSPEL
succession including compulsory heirs with respect to who extended spiritual aid to him during the same period;
such free portion, cannot be represented.
ß (2) The relatives of such priest or minister of the gospel within
Art. 40. Birth determines personality; but the conceived child the fourth degree, the church, order, chapter, community,
shall be considered born for all purposes that are favorable to organization, or institution to which such priest or minister
it, provided it be born later with the conditions specified in the may belong;
following article. (29a)
(3) A guardian with respect to testamentary dispositions given
Art. 41. For civil purposes, the fetus is considered born if it is by a ward in his favor before the final accounts of the
alive at the time it is completely delivered from the mother's guardianship have been approved, even if the testator should
womb. However, if the fetus had an intra-uterine life of less die after the approval thereof; nevertheless, any provision
than seven months, it is not deemed born if it dies within made by the ward in favor of the guardian when the latter is
twenty-four hours after its complete delivery from the his ascendant, descendant, brother, sister, or spouse, shall be
maternal womb. (30a) valid;
Notes:
Notes:
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MIDTERM Reviewer 7

Final Account- are those submitted by the guardian to

the court upon the termination of his authority as such, the (2) Those made between persons found guilty of the same
approval of which will put end to his final responsibility to the criminal offense, in consideration thereof;
ward.
(3) Those made to a public officer or his wife, descedants and
(4) Any attesting witness to the execution of a will, the ascendants, by reason of his office.
spouse, parents, or children, or any one claiming under such
witness, spouse, parents, or children; In the case referred to in No. 1, the action for declaration of
nullity may be brought by the spouse of the donor or donee;
(5) Any physician, surgeon, nurse, health officer or druggist and the guilt of the donor and donee may be proved by
who took care of the testator during his last illness; preponderance of evidence in the same action. (n)
Notes:
Took care implies continuous and regular ministration of the Disqualification due to unworthiness
needs of testator during his last illness, not an isolated service.
Art. 1032. The following are incapable of succeeding by reason
(6) Individuals, associations and corporations not permitted by of unworthiness:
law to inherit. (745, 752, 753, 754a)
(1) PARENTS WHO HAVE ABANDONED their children or
Notes: induced their daughters to lead a corrupt or immoral life, or
Effect of incapacities is to prevent succession to a FREE attempted against their virtue;
PORTION and not to in case of legitimate.
(2) ANY PERSON who has been convicted of an attempt
Spouse of priest/minester- are not disqualified, relatives law against the life of the testator, his or her spouse, descendants,
refers to relative by consanguinity. or ascendants;

Disqualification due to moral grounds (3) ANY PERSON who has accused the testator of a crime for
which the law prescribes imprisonment for six years or more,
Art. 1028. The prohibitions mentioned in article 739, if the accusation has been found groundless;
concerning donations inter vivos shall apply to testamentary
provisions. (n) (4) Any heir of full age who, having knowledge of the violent
Notes: death of the testator, should fail to report it to an officer of the law
Purpose is to forestall circumvention of the prohibition on within a month, unless the authorities have already taken
donation by making them in the GUISE of testamentary action; this prohibition shall not apply to cases wherein,
disposition. according to law, there is no obligation to make an accusation;
Art. 739. The following donations shall be void:
(5) Any person convicted of adultery or concubinage with the
(1) Those made between persons who were guilty of adultery spouse of the testator;
or concubinage at the time of the donation;
(6) Any person who by fraud, violence, intimidation, or undue
influence should cause the testator to make a will or to change In cases falling under Nos. 2, 3, or 5 of Article 1032, it shall be
one already made; necessary to wait until final judgment is rendered, and in the
case falling under No. 4, the expiration of the month allowed
(7) Any person who by the same means prevents another from for the report.
making a will, or from revoking one already made, or who
supplants, conceals, or alters the latter's will; If the institution, devise or legacy should be conditional, the
time of the compliance with the condition shall also be considered.
(8) Any person who falsifies or forges a supposed will of the (758a)
decedent. (756, 673, 674a) Notes:
In paragraph 2, final judgment must be awaited or 1 month
Notes: period allowed for the report must have first elapsed. Before
1032 is applicable to testate and intestate succession said time, incapacity.capacity- is in a state of suspension.
notwithstanding that some paragraph expressly mention
testator. In testamentary disposition subject to suspensive condition,
Incapacitated heirs’ losses all his right and inheritance the heirs, devisee, or legatee acquires merely hope or
including his legitime if he is a compulsory heir, without expectancy.
prejudice to the right of the representation.
Art. 1035. If the person excluded from the inheritance by
Art. 1033. The cause of unworthiness shall be without effect if reason of incapacity should be a child or descendant of the
the testator had knowledge thereof at the time he made the decedent and should have children or descendants, the latter
will, or if, having known of them subsequently, he should shall acquire his right to the legitime.
condone them in writing. (757a)
Notes: The person so excluded shall not enjoy the usufruct and
Implied (Institution of unworthy heirs) and/or Express administration of the property thus inherited by his children.
Pardon (Condonation in writing) (761a)
Unilateral act not requiring the consent of the Notes:
offender, unlike reconciliation which is bilateral Act of unworthiness is personal; therefore not prejudice the
1027 and 1028 cannot be condone by reason of public (his) innocent heirs.
policy, they are not subject to the will of the testator, The right to representation does not extend to free portion
condonation does not also apply in 1032(4). Right to representation to the legitime extend to both
illegitimate and legitimate children or descendant.
When knowledge comes after the execution of the will Incapacity heir is equivalent to death.
it requires to be in writing (private/public).
Revocation- express pardon once made is irrevocable,
but if the pardon is tacit made(by institution in a will), the Art. 1036. Alienations of hereditary property, and acts of
subsequent revocation of the will instituting the disqualified administration performed by the excluded heir, before the
person renders the pardon without effect. judicial order of exclusion, are valid as to the third persons
who acted in good faith; but the co-heirs shall have a right to
Art. 1034. In order to judge the capacity of the heir, devisee or recover damages from the disqualified heir. (n)
legatee, his qualification at the time of the death of the Notes:
decedent shall be the criterion.
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True even the if the disqualified heir acted in bad faith. Art. 915. A compulsory heir may, in consequence of
But Alienation before the death of testator is VOID, even the disinheritance, be deprived of his legitime, for causes
third person is good faith. The heir has absolutely no right expressly stated by law. (848a)
with respect to the property and his transferee can acquire no Notes :
greater right than he has. Deprivation of the right of compulsory heir in the legtitime.
1. Disinheritance (915)
Art. 1037. The unworthy heir who is excluded from the 2. Repudiation of Inheritance( 1041)
succession has a right to demand indemnity or any expenses 3. Incapacity by reason of unworthiness( 1032)
incurred in the preservation of the hereditary property, and to 4. Predecease, including legal absence(390-391)
enforce such credits as he may have against the estate. (n) 5. Existence of Debt and charges equal or exceed the
Notes: hereditary estate.
Demand Reimbursement- necessary expenses
Enforce credit is not part of the inheritance, and has nothing to Characteristics and consequences of disinheritance.
do with heir being unworthy to succeed.
1.only can be effected by valid will.
Art. 1038. Any person incapable of succession, who, 2. only apply to compulsory heirs, hence voluntary heirs(of
disregarding the prohibition stated in the preceding articles, free portion) cannot be disinherited.
entered into the possession of the hereditary property, shall be 3. can only be made for legal cause, may inquire into the
obliged to return it together it its accessions. ground of disinheritance.
4. annuls institution of heirs insofar only as the heir is
He shall be liable for all the fruits and rents he may have disinherited, and all other aspect will remain valid.
received, or could have received through the exercise of due 5.Effect: No institution of any heirs, totally exclude a
diligence. (760a) compulsory heirs from inheritance,( both legitime and free
Notes: portion). With institution of heirs, the heirs loses only his
Immaterial if it is good faith, still considered possession in bad legitime.
faith.
Art. 916. Disinheritance can be effected only through a will
Art. 1039. Capacity to succeed is governed by the law of the wherein the legal cause therefor shall be specified. (849)
nation of the decedent. (n)
Art. 917. The burden of proving the truth of the cause for
Art. 1040. The action for a declaration of incapacity and for the disinheritance shall rest upon the other heirs of the testator, if the
recovery of the inheritance, devise or legacy shall be brought disinherited heir should deny it. (850)
within five years from the time the disqualified person took Notes:
possession thereof. It may be brought by any one who may have an Requisites of Valid will:
interest in the succession. (762a) 1. It must be made in valid will- because it is in the nature of a
disposition mortis causa. Will is void, disinheritance is void.
Disqualification due to Disinheritance 2. It must be made for a cause expressly stated in the will- nor
presumed nor implied.
3. It must be based on the cause authorize by law, hence (6) Maltreatment of the testator by word or deed, by the child
ineffective or descendant;
4. It must be based on cause that is true and certain. – not on
mere opinion or belief or suspicion of the testator. (7) When a child or descendant leads a dishonorable or
5. It must be based on existing cause- not conditional or disgraceful life;
preventive
6. It must be total, not partial and (there is no middle ground) (8) Conviction of a crime which carries with it the penalty of
7.It must clearly identify the compulsory heir is disinherited. And civil interdiction. (756, 853, 674a)
cannot be ascertained- disinheritance should not be given effect.
Art. 920. The following shall be sufficient causes for the
disinheritance of parents or ascendants, whether legitimate or
Art. 918. Disinheritance without a specification of the cause, or illegitimate:
for a cause the truth of which, if contradicted, is not proved, or (1) When the parents have abandoned their children or
which is not one of those set forth in this Code, shall annul the induced their daughters to live a corrupt or immoral life, or
institution of heirs insofar as it may prejudice the person attempted against their virtue;
disinherited; but the devises and legacies and other
testamentary dispositions shall be valid to such extent as will (2) When the parent or ascendant has been convicted of an
not impair the legitime. (851a) attempt against the life of the testator, his or her spouse,
descendants, or ascendants;
Art. 919. The following shall be sufficient causes for the
disinheritance of children and descendants, legitimate as well as (3) When the parent or ascendant has accused the testator of a
illegitimate: crime for which the law prescribes imprisonment for six years
or more, if the accusation has been found to be false;
(1) When a child or descendant has been found guilty of an
attempt against the life of the testator, his or her spouse, (4) When the parent or ascendant has been convicted of
descendants, or ascendants; adultery or concubinage with the spouse of the testator;

(2) When a child or descendant has accused the testator of a (5) When the parent or ascendant by fraud, violence,
crime for which the law prescribes imprisonment for six years intimidation, or undue influence causes the testator to make a
or more, if the accusation has been found groundless; will or to change one already made;

(3) When a child or descendant has been convicted of adultery (6) The loss of parental authority for causes specified in this
or concubinage with the spouse of the testator; Code;

(4) When a child or descendant by fraud, violence, (7) The refusal to support the children or descendants without
intimidation, or undue influence causes the testator to make a justifiable cause;
will or to change one already made;
(8) An attempt by one of the parents against the life of the
(5) A refusal without justifiable cause to support the parent or other, unless there has been a reconciliation between them.
ascendant who disinherits such child or descendant; (756, 854, 674a)
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Art. 921. The following shall be sufficient causes for (5) Drug addiction or habitual alcoholism of the
disinheriting a spouse: respondent;
(6) Lesbianism or homosexuality of the respondent;
(1) When the spouse has been convicted of an attempt against (7) Contracting by the respondent of a subsequent
the life of the testator, his or her descendants, or ascendants; bigamous marriage, whether in the Philippines or
abroad;
(2) When the spouse has accused the testator of a crime for (8) Sexual infidelity or perversion;
which the law prescribes imprisonment of six years or more, (9) Attempt by the respondent against the life of
and the accusation has been found to be false; the petitioner; or
(10) Abandonment of petitioner by respondent
(3) When the spouse by fraud, violence, intimidation, or without justifiable cause for more than one year.
undue influence cause the testator to make a will or to change
one already made; For purposes of this Article, the term "child" shall
include a child by nature or by adoption. (9a)
(4) When the spouse has given cause for legal separation;
Art. 56. The petition for legal separation shall be
(5) When the spouse has given grounds for the loss of parental denied on any of the following grounds:
authority;
(1) Where the aggrieved party has condoned the
(6) Unjustifiable refusal to support the children or the other offense or act complained of;
spouse. (756, 855, 674a) (2) Where the aggrieved party has consented to the
Art. 55. A petition for legal separation may be commission of the offense or act complained of;
filed on any of the following grounds: (3) Where there is connivance between the parties
in the commission of the offense or act constituting
(1) Repeated physical violence or grossly abusive the ground for legal separation;
conduct directed against the petitioner, a common (4) Where both parties have given ground for legal
child, or a child of the petitioner; separation;
(2) Physical violence or moral pressure to compel (5) Where there is collusion between the parties to
the petitioner to change religious or political obtain decree of legal separation; or
affiliation; (6) Where the action is barred by prescription.
(3) Attempt of respondent to corrupt or induce the (100a)
petitioner, a common child, or a child of the
petitioner, to engage in prostitution, or connivance Art. 63. The decree of legal separation shall have
in such corruption or inducement; the following effects:
(4) Final judgment sentencing the respondent to
imprisonment of more than six years, even if (4) The offending spouse shall be disqualified from
pardoned; inheriting from the innocent spouse by intestate
succession. Moreover, provisions in favor of the
 offending spouse made in the will of the innocent In cases falling under Nos. 2, 3, or 5 of Article 1032, it shall be
spouse shall be revoked by operation of law. (106a) necessary to wait until final judgment is rendered, and in the
case falling under No. 4, the expiration of the month allowed
Art. 57. An action for legal separation shall be filed within five for the report.
years from the time of the occurrence of the cause. If the institution, devise or legacy should be conditional, the
time of the compliance with the condition shall also be
Art. 922. A subsequent reconciliation between the offender considered. (758a)
and the offended person deprives the latter of the right to
disinherit, and renders ineffectual any disinheritance that may have Art. 1039. Capacity to succeed is governed by the law of the
been made. (856) nation of the decedent. (n)
Notes:
Reconciliation- resumption of friendly relations between the Art. 16. Real property as well as personal property is subject
offender(disinherited heir) and the offender(testator). to the law of the country where it is stipulated.

It is bilateral(unlike pardon)since it require the conformity of However, intestate and testamentary successions, both with
the disinherited heir.( or it must be accepted by the heir). respect to the order of succession and to the amount of
successional rights and to the intrinsic validity of
Legal Separation between husband and wife, reconciliation testamentary provisions, shall be regulated by the national
will restore the capacity to succeed. The final decree of legal law of the person whose succession is under consideration,
separation shall be set aside by the court. whatever may be the nature of the property and regardless of
the country wherein said property may be found. (10a)
Testator disinherited on the ground which is also
cause for incapacity to succeed by reason of unworthiness.
Reconciliation extinguish the unworthiness. By making a ground OBJECTIVE ELEMENTS OF SUCCESSION
for disinheritance, the testator thereby converts it into a ground for INHERITANCE
disinheritance. Since, the cause of unworthiness are based on
presumed will of the testator, such presume will should be made to Art. 776. The inheritance includes all the property, rights and
prevail over his express will shown by his act of reconciliation. obligations of a person which are not extinguished by his
death. (659)

Art. 923. The children and descendants of the person Art. 781. The inheritance of a person includes not only the
disinherited shall take his or her place and shall preserve the property and the transmissible rights and obligations existing
rights of compulsory heirs with respect to the legitime; but the at the time of his death, but also those which have accrued
disinherited parent shall not have the usufruct or administration of thereto since the opening of the succession. (n)
the property which constitutes the legitime. (857) Notes:
Included, all accessions, which have accrued since the opening
LAW AND TIME APPLICABLE TO DETERMINE of the successions.
Stictly speaking, not transmitted or acquired but by
Art. 1034. In order to judge the capacity of the heir, devisee or virtue and as an incident of the right or ownership which is
legatee, his qualification at the time of the death of the vested in the heir from the moment of such death under the
decedent shall be the criterion. law. If this is true, it not correct to say that the inheritance
 ANTHONY TEJARES
MIDTERM Reviewer 13

includes such accessions. Otherwise stated, they belong to the testator expressly declares that he gives the thing in its
heirs not as heirs but as owner. entirety. (864a)
Notes on Exception – then the wish must be given effect.
a. It must clearly appear in the will itself or by evidence
Art. 793. Property acquired after the making of a will shall aliunde that in making the bequest, the testator did so with
only pass thereby, as if the testator had possessed it at the time knowledge that he owned only a part if the thing. The burden
of making the will, should it expressly appear by the will that of proof is upon the devisee or legatee given such property.
such was his intention. (n)
Art. 930. The legacy or devise of a thing belonging to another
Notes: person is void, if the testator erroneously believed that the
If no such express statement in the will, the properties shall thing pertained to him. But if the thing bequeathed, though
pass by intestate succession unless a subsequent will or codicil not belonging to the testator when he made the will,
is made disposing of said properties. So the testator will die afterwards becomes his, by whatever title, the disposition shall
partly testate and partly intestate. take effect. (862a)
Notes:
Provision apply to heirs, devisee or legatees. Gen Rule: The legacy or devise of a thing belonging to another
person is void
Art. 794. Every devise or legacy shall cover all the interest Exception 1. Afterward means subsequently acquired
which the testator could device or bequeath in the property by him by whatever title, the disposition shall take effect.
disposed of, unless it clearly appears from the will that he Since, after all, the will as a means of transmission, became
intended to convey a less interest. (n) effective only after the testator’s death and there was an
Notes: intention to give the property.
Devisee- acquired real property Exception 2- 931
Legacy- acquired personal property.
The presumption is that the testator intends to transfer his Art. 931. If the testator orders that a thing belonging to another
whole interest in the thing disposes of unless it clearly appears be acquired in order that it be given to a legatee or devisee, the
that an interest (eg usufruct) less than the whole is intended. heir upon whom the obligation is imposed or the estate must
acquire it and give the same to the legatee or devisee; but if the
BEQUEATH- pass (something) on or leave (something) to owner of the thing refuses to alienate the same, or demands an
someone else. excessive price therefor, the heir or the estate shall only be
Bequest, Legacy, or Devise: a devise is a gift, or real or obliged to give the just value of the thing. (861a)
personal property, in a will and vests at the death of the Notes
transferor. 931- requires that there must be an order by the testator for
the acquisition of the property.
Art. 929. If the testator, heir, or legatee owns only a part of, or
an interest in the thing bequeathed, the legacy or devise Testator become the owner
shall be understood limited to such part or interest, unless Order the estate- obligation of the estate to buy the thing, or
acquire the land or pay its value.
 with the death of the decedent.( more or less time may elapse
before the heirs enter into possession of the property.
ACCEPTANCE AND REPUDIATION OF INHERITANCE - Heirs, who by fiction of law, continue the personality of the
decedent with respect to said properties.
Art. 1041. The acceptance or repudiation of the inheritance is
an act which is purely voluntary and free. (988) 2. In case of Repudiation- An heirs may validly renounces an
NOTES: inheritance is deemed never to have possessed the same. For
Acceptance of Inheritance- is the act by which the person the waiver of hereditary rights to be effective, three essential
called to succeed to the inheritance of a decedent, either by the elements are essential.
latter’s last will or by law, manifest his assent to the receipt of a. Existence of a right
the property, right and obligation which are transmitted to b. Knowledge of the existence thereof, and
him through the death of said decedent. c. An intention to relinquish such right.

Repudiation –manifest his unwillingness to succeed to the Art. 1043. No person may accept or repudiate an inheritance
same( It is converse of acceptance) unless he is certain of the death of the person from whom he
is to inherit, and of his right to the inheritance. (991)
In donation , acceptance of the inheritance, devisee, or legacy Notes:
is required because no person can be forced to accept the 1. Death of the decedent- he must be certain becaue,
generosity of another. a. the right to the inheritance vests only upon such
death.
Being free and voluntary acts, the presence of any causes b. It is known whether he will survive the person from
which vitiate consent( mistake, violence, intimidation, undue whom he is to inherit: and
influence, or fraud, will render them without effect) c. any acceptance or repudiation during the decedent’s
lifetime involves future inheritance and is , therefore, void(
THREE POINTS OF TIME IN SUCCESSION 1347 par. 2)
1. Opening of the Succession- which takes place the moment of 2. Right to the inheritance.
death of the decedent.
2. Availability of the inheritance- which is the moment the Art. 1044. Any person having the free disposal of his
inheritance may be accepted. property may accept or repudiate an inheritance.
3. Acquisition of the Inheritance (takes place the from moment
the inheritance is accepted) Any inheritance left to minors or incapacitated persons may be
accepted by their parents or guardians. Parents or guardians
Art. 1042. The effects of the acceptance or repudiation shall may repudiate the inheritance left to their wards only by
always retroact to the moment of the death of the decedent. judicial authorization.
(989)
Notes: The right to accept an inheritance left to the poor shall belong
Purpose- Is to prevent the GAP or INTERRUPTION in the to the persons designated by the testator to determine the
ownership of the property from the time of death of the beneficiaries and distribute the property, or in their default, to
decedent. those mentioned in Article 1030. (992a)
1. In case of Acceptance- The hereditary property is deemed
to belong to the heirs (devisees or legatees) simultaneously Notes:
 ANTHONY TEJARES
MIDTERM Reviewer 15

Acceptance may involve not only right but also obligation , Because property acquired by her by succession forms part of
and Repudiation is tantamount to a Disposition of Property. her separate property.
(only with legal capacity will do so)
Judicial authorization- courts scrutiny in order to protect the Art. 1048. Deaf-mutes who can read and write may accept or
interest of ward. repudiate the inheritance personally or through an agent.
Should they not be able to read and write, the inheritance shall
Art. 1030. Testamentary provisions in favor of the be accepted by their guardians. These guardians may
poor in general, without designation of particular persons or repudiate the same with judicial approval. (996a)
of any community, shall be deemed limited to the poor
living in the domicile of the testator at the time of his Art. 1049. Acceptance may be express or tacit.
death, unless it should clearly appear that his
intention was otherwise. An express acceptance must be made in a public or private
document.
The designation of the persons who are to be considered as
poor and the distribution of the property shall be made by the A tacit acceptance is one resulting from acts by which the
person appointed by the testator for the purpose; in default of intention to accept is necessarily implied, or which one would
such person, by the executor, and should there be no executor, have no right to do except in the capacity of an heir.
by the justice of the peace, the mayor, and the municipal
treasurer, who shall decide by a majority of votes all questions Acts of mere preservation or provisional administration do not
that may arise. In all these cases, the approval of the Court of imply an acceptance of the inheritance if, through such acts,
First Instance shall be necessary. the title or capacity of an heir has not been assumed. (999a)

Art. 1045. The lawful representatives of corporations, Notes:

associations, institutions and entities qualified to acquire Repudiation may only be done expressly(Art 1051)
property may accept any inheritance left to the latter, but in Presume Acceptance (Art. 1057) can also be said to be implied.
order to repudiate it, the approval of the court shall be Implied or Tacit(when it result from the acts performed buy
necessary. (993a) the heirs(Art 1049, 1050)

Art. 1046. Public official establishments can neither accept nor Art. 1050. An inheritance is deemed accepted:
repudiate an inheritance without the approval of the
government. (994) (1) If the heirs sells, donates, or assigns his right to a stranger,
Notes: or to his co-heirs, or to any of them;
Supported by public funds’
(2) If the heir renounces the same, even though gratuitously,
Art. 1047. A married woman of age may repudiate an for the benefit of one or more of his co-heirs;
inheritance without the consent of her husband. (995a)
Notes: (3) If he renounces it for a price in favor of all his co-heirs
indiscriminately; but if this renunciation should be gratuitous,
and the co-heirs in whose favor it is made are those upon
whom the portion renounced should devolve by virtue of Excess-if any, will go to those to whom, in accordance with
accretion, the inheritance shall not be deemed as accepted. law, it may belong such as his co-heirs by accretion or the legal
(1000) heirs by way of intestate succession.

Art. 1051. The repudiation of an inheritance shall be made in

a public or authentic instrument, or by petition presented to Art. 1053. If the heir should die without having accepted or
the court having jurisdiction over the testamentary or repudiated the inheritance his right shall be transmitted to
intestate proceedings. (1008) his heirs. (1006)
Notes:
Authentic Instrument means a genuine document, that is, it is Notes:
not forged. (it may be a private instrument) Acceptance by right of representation or inheritance not is case
Public Instrument – is an instrument which is acknowledged of succession.
before a notary public or any person authorized to administer
oath. Art. 1054. Should there be several heirs called to the
Reason : inheritance, some of them may accept and the others may
1. involves disposition of property rights/ repudiate it. (1007a)
2.renders ineffective the transmission of the rights of
succession. Art. 1055. If a person, who is called to the same inheritance
3. it is unusual and produces disturbing consequences. as an heir by will and ab intestato, repudiates the
4. it opens the door for other heirs. inheritance in his capacity as a testamentary heir, he is
5. It may affect the rights of the creditors of the renouncer. understood to have repudiated it in both capacities.

Art. 1052. If the heir repudiates the inheritance to the Should he repudiate it as an intestate heir, without
prejudice of his own creditors, the latter may petition the knowledge of his being a testamentary heir, he may still
court to authorize them to accept it in the name of the heir. accept it in the latter capacity. (1009)

The acceptance shall benefit the creditors only to an extent Art. 1056. The acceptance or repudiation of an inheritance,
sufficient to cover the amount of their credits. The excess, once made, is irrevocable, and cannot be impugned, except
should there be any, shall in no case pertain to the when it was made through any of the causes that vitiate
renouncer, but shall be adjudicated to the persons to whom, consent, or when an unknown will appears. (997)
in accordance with the rules established in this Code, it may
belong. (1001) Art. 1057. Within thirty days after the court has issued an
order for the distribution of the estate in accordance with the
Notes: Rules of Court, the heirs, devisees and legatees shall signify to
The following condition must be present. the court having jurisdiction whether they accept or repudiate
1. There is a valid renunciation by the heirs the inheritance.
2. the Creditor has a claim against the renouncing heirs.
3. The renunciation prejudice the creditor. (he must go first to If they do not do so within that time, they are deemed to
the property to satisfy the claim, to prove that he cannot have accepted the inheritance. (n)
otherwise collect from the heirs)
4. there is judicial authorization to make the acceptance. KINDS OF SUCCESSION
 ANTHONY TEJARES
MIDTERM Reviewer 17

Art. 1347. All things which are not outside the commerce of
Art. 778. Succession may be: men, including future things, may be the object of a contract.
(1) Testamentary; All rights which are not intransmissible may also be the object
(2) Legal or intestate; or of contracts
(3) Mixed. (n) Notes :
No contract may be entered into upon future iheritance except
1. TESTAMENTARY in cases expressly authorized by the law.

Art. 779. Testamentary succession is that which results from Art. 130. The future spouses may give each other in their
the designation of an heir, made in a will executed in the form marriage settlements as much as one-fifth of their present
prescribed by law. (n) property, and with respect to their future property, only in the
event of death, to the extent laid down by the provisions of
2. LEGAL OR INTESTATE this Code referring to testamentary succession. (1331a)

Art. 960. Legal or intestate succession takes place: The donation is in reality a disposition mortis causa a case of
(1) If a person dies without a will, or with a void will, or one contractual donation expressly authorized by law as an
which has subsequently lost its validity; exception to the prohibition in Article 1347.
such ANTE NUPTIAL COTRACT is not expressly requires by
(2) When the will does not institute an heir to, or dispose of all Art 130 to comply with the formalities of a will .
the property belonging to the testator. In such case, legal
succession shall take place only with respect to the property of Art. 84. If the future spouses agree upon a regime other than
which the testator has not disposed; the absolute community of property, they cannot donate to
each other in their marriage settlements more than one-fifth of
(3) If the suspensive condition attached to the institution of their present property. Any excess shall be considered void.
heir does not happen or is not fulfilled, or if the heir dies Donations of future property shall be governed by the
before the testator, or repudiates the inheritance, there being provisions on testamentary succession and the formalities of
no substitution, and no right of accretion takes place; wills. (130a)
Notes:
(4) When the heir instituted is incapable of succeeding, except Article 84 (effective August 3, 1988), which repealed Article
in cases provided in this Code. (912a) 130, and all the provisions of the Civil Code on marriage and
family relations, that “ donations (by reason of marriage) of
3. MIXED future property shall be governed by the provisions on
testamentary succession and the formalities of wills.
Art. 780. Mixed succession is that effected partly by will and
partly by operation of law. (n) Succession by means of contract in its restricted form between
future spouses is permitted.
4. CONTRACTUAL Only in the event of death in Art 130 is deleted in Art 84
because it is superfluous.
 which they are to take, when referred to by name, cannot be
Art. 752. The provisions of Article 750 notwithstanding, no left to the discretion of a third person. (670a)
person may give or receive, by way of donation, more than he EXCEPTION:
may give or receive by will. Art. 786. The testator may entrust to a third person the
distribution of specific property or sums of money that he may
The donation shall be inofficious in all that it may exceed this leave in general to specified classes or causes, and also the
limitation. (636) designation of the persons, institutions or establishments to
which such property or sums are to be given or applied. (671a)
TESTAMENTARY
A- DEFINITION - here the testator had already detrmined the portion disposed
Art. 779. Testamentary succession is that which results from of by will and specified classes or clauses to which distribution
the designation of an heir, made in a will executed in the form shall be made, and has entrusted merely to the third person
prescribed by law. (n) the details to carrying out of his purposes as expressed in his
will. He has already completed the act of making a will.
B- WILL VS SUCCESSION
Art. 787. The testator may not make a testamentary disposition
C- Characteristics of a Will in such manner that another person has to determine whether
1. Purely Statutory- is not an inherent or natural right but, or not it is to be operative. (n)
concededly, a mere privilege conferred by law as evident from
the clause “permitted xxx to control to a certain degree), and -determination of WON the testamentary disposition shall be
therefore it must be subordinate to law and public policy. VALID, EFFECTIVE OR OPERATIVE, cannot be left to the
judgment or discretion to the third peron
If there are compulsory heirs, the power of the decedent to
dispose of his estate is limited to the free disposable portion of Summary:
the system of legitime ( art 842, 886) Delegation is VOID, the disposition, the effectivity of which
2. Purely Personal Act- solely dependent upon him and depends the determination of the third person, is also VOID.(
cannot be delegated. the effect as if there is no Disposition.
Art. 784. The making of a will is a strictly personal act; it
cannot be left in whole or in part of the discretion of a third 3. Free or Voluntary Act- it must have been executed without
person, or accomplished through the instrumentality of an violence, intimidation, fraud and mistake or undue pressure,
agent or attorney. (670a) otherwise it is disallowed.
- Personally determine the disposition of the property. 4. Disposes of property- (otherwise it is useless act) in
- Mechanical act or drafting or drawing a will may be done by a accordance with his wish or desires.
third person. But the mechanical act of writing a holographic DISPOSTION OF THE PROPERTY (Char. No. 4)
will cannot be delegated to a third person . 1. Instrument simply nominates an executor or
- Will drawn by attorney at law, who directed it execution and administrator- held as valid will and may be probated, {as he
was present at the time thereof is strong presumptive has right to do so} notwithstanding ( not an essential
evidence that the execution was regular. characteristic of a will) that the disposition of property which
it purports to make is ineffective.
Art. 785. The duration or efficacy of the designation of heirs, 2. Instrument merely expresses a last wish as a
devisees or legatees, or the determination of the portions thought or advice- SC (is nothing more than a specie or
conveyance) CA( does not contain a disposition or property
 ANTHONY TEJARES
MIDTERM Reviewer 19

and was not executed with animus testandi, cannot legally testator to have it probated during the lifetime(Art 838)
considered a will. , may be considered a will in grammatically and/or to partition his estate inter vivos.
sense but not legal or juridical sense. 11. Individual – in the sense that it must be executed by a
3. Instrument merely excludes heirs- a will must single person, because two or more person cannot make a will
contain a disposition in the property jointly, either for the reciprocal benefit or for the benefit of the
The disinheritance cannot be given effect unless the 3rd person.
will is probated because probate is essential for a will to pass 12. Generally an act of liberality or Generosity- although in
either real or personal property (Art. 838 par 7) some cases the condition imposes by the testator may be such
4. Instrument is in the nature of a Survivorship as to be very onerous to the heirs.
Agreement. – in a will, the bequest must pertain to the
testator. CONTRUCTION AND INTERPRETATION
_________________
5. Revocable and ambulatory- because it may be Art. 788. If a testamentary disposition admits of different
revoked,altered, ot superceded at any time during the life of interpretations, in case of doubt, that interpretation by
the testator,(Art 828) since it become effective only on the which the disposition is to be operative shall be
testator’s death. preferred. (n)
6. Formal or Solemn- because it must be executed with the Notes:
formalities prescribed by the law. The presumption is that the testator has intended an effective
7. Executed with Testamentary capacity( Art. 796-798) disposition and not one that is IMPRACTICAL OR
8. Executed with animus testandi( intent to make a will) e.g ILLUSORY,
intent to dispose of property to take effect after his death. Policy of the law is to respect and give effect to the testator
INTENT TO MAKE A WILL will whenever possible.
This Testamentary intent must exist when the instrument is
executed or acknowledged. It may be implied. Example- 2 interpretation 1 make valid and other will not, the
Depends on the disposition, which it makes, and not former interpretation must be preferred, and that is to
on the form of instrument, the use of legal or conventional preferred which will prevent intestacy.
terms, or the name by which it is designated.
It is the Animus Testandi that gives an instrument The testators wishes and intention as expressed in his
testamentary character. (manifest the donative intent of the testamentary disposition constitute the first and principal law
maker). What is essential to the validity of the will is that the in the manner of testaments.
testator knows and understands the contents thereof.
_____________________ When language of the testamentary disposition is expressed
9. Unilateral- because the acceptance or ratification of those clearly and precisely, the only function of the court is to carry
who may be named therein as Successor is not required (Art out the intention of the testator as manifested in the will itself.
841) , although they may be free either to accept or repudiate
their successional rights. Art. 789. When there is an imperfect description, or when no
10. Mortis Causa- because it produces effect only after the person or property exactly answers the description, mistakes
death of the testator(Art. 783) although the law allows the and omissions must be corrected, if the error appears from
 the context of the will or from extrinsic evidence, excluding one which will render any of the expressions inoperative;
the oral declarations of the testator as to his intention; and and of two modes of interpreting a will, that is to be
when an uncertainty arises upon the face of the will, as to preferred which will prevent intestacy. (n)
the application of any of its provisions, the testator's
intention is to be ascertained from the words of the will, Notes:
taking into consideration the circumstances under which it Intent of the testator is cardinal rule in the construction of
was made, excluding such oral declarations. (n) wills. Life and Soul of a Will.

Notes: Art. Applies, when correction of the description or Drafted by a person who has knowledge of the law, the
error is improper. lawyer, that will is to be construed by some strictness,
1. Intrinsic or latent ambiguity- does not appear on the fact of attributing to the word their accepted technical legal meaning,
the will because itself is clear but upon the consideration of the testator being presumed to have acted in the light if the
circumstances outside the writing. (1st though on the article) settles meaning which the law has attached to his word.
2. Extrinsic or patent ambiguity- uncertainty appears on the
face of the will as to the application of any of its provisions. Circumstances surrounding the execution of the will.
-the court should place it self as near as possible in his
EVIDENCE IT TO ASCERTAIN TESTAROR’S INTENTION in position.
case of ambiguity. Absolutely impossible to ascertain the testator’s intent, the
1. Parol eveidence of testator admissible- corrected in the affected disposition shall be null and void.
consideration of the words of the will itself and extrinsic or Intention of the testator gathered from the ENTIRE
parol evidence is admissible to show the mistake or omission INSTRUMENT- interpreted as whole, not prom particular
(in case of latend ambiguity). words or phrases.
In case of patent ambiguity- intention and consideration under To prevent INTESTACY- the words of a will should be
which it was made, excluding such oral declaration. interpreted as to give efficacy to every expression , for it is to
ORAL EVIDENCE of the testator is INADMISSIBLE (in both be presume that the testator intended every word or phrases
cases) during the lifetime. taken together to effectuate the disposition of all his property.
- vary the provisions of the will and open the door to fraud and
confusion apart from the fact that such oral declaration of the Art. 792. The invalidity of one of several dispositions
testator whose lips have been sealed by death would be contained in a will does not result in the invalidity of the
hearsay. other dispositions, unless it is to be presumed that the
testator would not have made such other dispositions if the
Art. 790. The words of a will are to be taken in their ordinary first invalid disposition had not been made. (n)
and grammatical sense, unless a clear intention to use them Art. 793. Property acquired after the making of a will shall
in another sense can be gathered, and that other can be only pass thereby, as if the testator had possessed it at the
ascertained. time of making the will, should it expressly appear by the
Technical words in a will are to be taken in their technical will that such was his intention. (n)
sense, unless the context clearly indicates a contrary Notes:
intention, or unless it satisfactorily appears that he was Express Intention to include property required for property to
unacquainted with such technical sense. (675a) pass by will.
- (Property acquired after making a will) Will ONLY PASS if
Art. 791. The words of a will are to receive an interpretation such is the testator’s intention as expressly appears in his will.
which will give to every expression some effect, rather than
 ANTHONY TEJARES
MIDTERM Reviewer 21

If there is no such express statement in the will, the properties foreign country, the solemnities established by Philippine
shall pass by INTESTATE SUCCESSION Unless: a subsequent laws shall be observed in their execution.
will or codicil is made disposing of said property. So the Prohibitive laws concerning persons, their acts or property,
testator will die partly testate and partly intestate. and those which have, for their object, public order, public
policy and good customs shall not be rendered ineffective by
( 793 would apply to heirs, legatees or devisee , no distinction laws or judgments promulgated, or by determinations or
it would seem that is should apply to both. ) conventions agreed upon in a foreign country. (11a)

Art. 794. Every devise or legacy shall cover all the interest
which the testator could device or bequeath in the property Art. 810. A person may execute a holographic will which
disposed of, unless it clearly appears from the will that he must be entirely written, dated, and signed by the hand of
intended to convey a less interest. (n) the testator himself. It is subject to no other form, and may
Devisee- acquired real property be made in or out of the Philippines, and need not be
Legacy- acquired personal property. witnessed.(678, 688a)

LAWS GOVERNING EXTRINSIC VALIDITY Holographic will- is a will entirely written , dated and signed
- refers to the forms or Solemnities, number of witness, by the hand of the testator himself, without any attestation of
A. as to the TIME of EXECUTION- any witness nor acknowledgement before a notary public.

Art. 795. The validity of a will as to its form depends upon Reason- It has the merit of being more intimate and personal,
the observance of the law in force at the time it is made and is less likely to be influenced by fraud or undue pressure.
Notes: Validity depend on the authenticity of the handwriting, and if
That statutes subsequently enacted have no retrospective writing standards are not procurable, or not
effect. contemporaneous, the court are left to the mercy of mendacity
of witnesses.
1.LAW AT TIME OF EXECUTION- not by the law enforce at
time of testator’s death, or at the time supposed will presented Requisites:
in court for probate, or when the petition is decided by the 1.It must be written in a language or dialect known to the
court. testator.
2. It must be entirely written by the testator.
B. as to the PLACE OF EXECUTION-
Indispensable- as this constitutes an efficient guaranty
Art. 17. The forms and solemnities of contracts, wills, and against all falsification or alteration in the will of the testator. )
other public instruments shall be governed by the laws of Partly or wholly printed, typewritten or
the country in which they are executed. mimeographed is VOID. Insertion by third person will
invalidate the will, if without testator’s consent,only the
When the acts referred to are executed before the diplomatic insertion is VOID. Important is writing was done by testator
or consular officials of the Republic of the Philippines in a
himself- no hands or cannot write with his hand- written with In the absence of any competent witness referred to in the
mouth or foot is valid. preceding paragraph, and if the court deem it necessary,
3. It must be dated by him; expert testimony may be resorted to. (619a)
General Rule- Should include the day, month and year
of its execution. Art. 812. In holographic wills, the dispositions of the testator
However when there is no appearance of fraud, bad written below his signature must be dated and signed by
faith, undue influence and pressure and the authenticity of the him in order to make them valid as testamentary
will is established , the probate of a holographic will should be dispositions. (n)
allowed under the principle of substantial compliance where
the exact date is only indicated by implication but with Art. 813. When a number of dispositions appearing in a
certainty. holographic will are signed without being dated, and the last
May dated on the first day he began writing or on the disposition has a signature and a date, such date validates
day it was actually completed. the dispositions preceding it, whatever be the time of prior
Location of date, law does not prescribe the part of the dispositions. (n)
will on which to put the date. Notes
4. It must be signed by him; If signed not dated- validated otherwise unsigned not
Full/ Customary Signature( although it does not validate(considered independent of the will ( not signed is
include the full first name or family name). Thumb mark of the incomplete)) the preceding disposition. The date of the last
testator will not be sufficient as it is not in his handwriting. disposition cures the defects.
Location of the Signature- the signature must be at the
end of the will (Article 812) Art. 814. In case of any insertion, cancellation, erasure or
alteration in a holographic will, the testator must
5. It must be made with animus testandi
authenticate the same by his full signature. (n)
Requirement of Testamentary in Character-it is
Reason- to prevent fraud. Since the execution of the will is
enough that testamentary intent is deductible from the
personal act of the testator, it is but natural and logical that he
language used.
alone can authenticate whatever correction may be found in
Instrument contains a disposition of property- which
the will. Insertion by the third person will invalidate even
is to be effective at his death. An instrument which merely
authenticated as no entirely written by the testator.
expresses a last wish as thought or advise but does not contain
a disposition property and not executed with animus testandi,
General Rule- the will itself remains valid, the insertion, are
cannot legally be considered a will.
considered as not made. The lack of authentication will only
result in disallowing of such change.
It must be execution need not be stated.
Exp: where the changes affect the essence of the will of
the testator expressed in the documents, then the whole will
Art. 811. In the probate of a holographic will, it shall be
necessary that at least one witness who knows the be invalidated.
handwriting and signature of the testator explicitly declare
that the will and the signature are in the handwriting of the Art. 815. When a Filipino is in a foreign country, he is
testator. If the will is contested, at least three of such authorized to make a will in any of the forms established by
witnesses shall be required. the law of the country in which he may be. Such will may be
probated in the Philippines. (n)
Notes :
 ANTHONY TEJARES
MIDTERM Reviewer 23

Art 17, law of the country in which they are executed.Lex loci 2. It tends to convert a will into contract
celebrationis. 3. It runs counter to the idea that wills are essentially
revocable.
May be allowed, filed and recorded in by the proper RTC. The 4.It may be subject one to undue influence, and even induce
probate must be proved in the same manner as any another one of the testators to take the life f the other if the will is also
foreign judgment. reciprocal.
5. it makes probate much more difficult in case of death of the
Choice of form- 815 is only permissive, in the law of the testator at different time.
country in which he may be or of the Philippines., WON
ordinary or holographic WON such form is recognized in the
other country. Art. 819. Wills, prohibited by the preceding article, executed
by Filipinos in a foreign country shall not be valid in the
Art. 816. The will of an alien who is abroad produces effect in Philippines, even though authorized by the laws of the
the Philippines if made with the formalities prescribed by country where they may have been executed. (733a)
the law of the place in which he resides, or according to the
formalities observed in his country, or in conformity with Notes :
those which this Code prescribes. (n) Article 17 par 3 Prohibitive laws concerning persons,
their acts or property, and those which have, for their object,
Art. 817. A will made in the Philippines by a citizen or public order, public policy and good customs shall not be
subject of another country, which is executed in accordance rendered ineffective by laws or judgments promulgated, or by
with the law of the country of which he is a citizen or determinations or conventions agreed upon in a foreign
subject, and which might be proved and allowed by the law country. (11a)
of his own country, shall have the same effect as if executed
according to the laws of the Philippines. (n) Rules only apply to Filipinos not to joint wills
executed by aliens.
Art. 818. Two or more persons cannot make a will jointly, or
in the same instrument, either for their reciprocal benefit or LAW GOVERNING EXTRINSIC VALIDITY
for the benefit of a third person. (669) A. as to TIME
Notes: Art. 2263. Rights to the inheritance of a person who died,
A mutual or reciprocal will is not prohibited by law what is with or without a will, before the effectivity of this Code,
prohibited is a joint will and of a joint or mutual will. shall be governed by the Civil Code of 1889, by other
The prohibition does not apply to will separately executed by previous laws, and by the Rules of Court. The inheritance of
distinct and independent acts, even though such acts were those who, with or without a will, die after the beginning of
performed on the same day. the effectivity of this Code, shall be adjudicated and
distributed in accordance with this new body of laws and by
REASON: the Rules of Court; but the testamentary provisions shall be
1. it destroy the character of a will as a strictly personal and carried out insofar as they may be permitted by this Code.
unilateral act. Therefore, legitimes, betterments, legacies and bequests
shall be respected; however, their amount shall be reduced if 18 person is generally not subject to fraud or deception.
in no other manner can every compulsory heir be given his Consent is not required.
full share according to this Code. (Rule 12a)
Made by individual less than 18, is void even with
b. PLACE of execution parental consent. A person is deemed to have reached the
required age at the commencement of the day which is
Art. 16. Real property as well as personal property is subject popularly know as his birthday.
to the law of the country where it is stipulated.
Art. 798. In order to make a will it is essential that the
However, intestate and testamentary successions, both with testator be of sound mind at the time of its execution. (n)
respect to the order of succession and to the amount of Notes:
successional rights and to the intrinsic validity of Testamentary capacity(ability/power of the testator to make a
testamentary provisions, shall be regulated by the national will) at the time when the will is executed.
law of the person whose succession is under consideration,
whatever may be the nature of the property and regardless of Art. 799. To be of sound mind, it is not necessary that the
the country wherein said property may be found. (10a) testator be in full possession of all his reasoning faculties, or that his
mind be wholly unbroken, unimpaired, or unshattered by disease,
INTRINSIC- refers to the contents or provisions of a will injury or other cause.
which must be allowed under the law to make them valid or It shall be sufficient if the testator was able at the time of
legal. making the will to know the nature of the estate to be
disposed of, the proper objects of his bounty, and the
Law that governs at the time of the death of the testator, when character of the testamentary act. (n)
the succession opens because it is at that time when
transmitted to heirs, devisee or legatees.
Art. 800. The law presumes that every person is of sound
National Law of Decedent-“NATIONALITY THEORY” mind, in the absence of proof to the contrary.
Art. 1039. Capacity to succeed is governed by the law
of the nation of the decedent. (n) The burden of proof that the testator was not of sound mind
at the time of making his dispositions is on the person who
G. CAPACITY TO MAKE A WILL (Art 796-803) opposes the probate of the will; but if the testator, one
month, or less, before making his will was publicly known to
Art. 796. All persons who are not expressly prohibited by be insane, the person who maintains the validity of the will
law may make a will. (662) must prove that the testator made it during a lucid
Notes: interval. (n)
The term refers only to natural person and not include
the juridical person like corporations, it is evident from the Art. 801. Supervening incapacity does not invalidate an
requirement of sound mind. effective will, nor is the will of an incapable validated by the
supervening of capacity. (n)
Art. 797. Persons of either sex under eighteen years of age
cannot make a will. (n) Art. 802. A married woman may make a will without the
Notes: consent of her husband, and without the authority of the
court. (n)
 ANTHONY TEJARES
MIDTERM Reviewer 25

Province or locality, in the Dialect which testator is a native or

Art. 803. A married woman may dispose by will of all her resident, the presumption arise that the testator knew the
separate property as well as her share of the conjugal dialect used, in the absence of evidence to the contrary.
partnership or absolute community property. (n)
When there is absolutely no evidence presented to show
H. FORMS OF WILLS compliance with the language requirement, especially where
a. KINDS OF WILL(804, 810) there is want of expression in the will that the testator knew
the language in which it was written, no presumption of
Art. 804. Every will must be in writing and executed in a knowledge can arise.
language or dialect known to the testator. (n)
Notes: A will is presumed to have been executed on the day of its
2 Forms date. Date is not essential of a valid will.
1. Notarial or Ordinary- requires, in order to be valid,
compliance prescribe in Art. 805-806, regarding the signing by Art. 805. Every will, other than a holographic will, must be
the testator, attestation by the witness, and acknowledgment subscribed at the end thereof by the testator himself or by the
by the testator and attesting witness before notary republic. testator's name written by some other person in his presence,
2. Hollograhic Will- Art. 810 and by his express direction, and attested and subscribed by
Common requirement is provided in 804. Oral will is not three or more credible witnesses in the presence of the testator
recognize in Civil Code. and of one another.

Objective- sufficiently safeguard and restrictions to prevent The testator or the person requested by him to write his name
the commission of fraud, and the exercise of undue and and the instrumental witnesses of the will, shall also sign, as
improper pressure and influence upon the testator. aforesaid, each and every page thereof, except the last, on the
left margin, and all the pages shall be numbered correlatively
It must be in writing- In Notarial- need not perform the in letters placed on the upper part of each page.
mechanical work of writing , so long as the will is signed by
him or by someone else in his presence. The attestation shall state the number of pages used upon
which the will is written, and the fact that the testator signed
Language- no requirement that the different part of notarial the will and every page thereof, or caused some other person
will such as (1) Testamentary disposition of the testator. 2. The to write his name, under his express direction, in the presence
attestation clause of subscribing witness and the 3. of the instrumental witnesses, and that the latter witnessed
Acknowledgment before the notary public should be written and signed the will and all the pages thereof in the presence of
in the same language. the testator and of one another.
Execution, one continuous act- law does not require should
be written in one continuous act. It execution should be in one If the attestation clause is in a language not known to the
act witnesses, it shall be interpreted to them. (n)
Presumption of Knowledge- The testator need not to be
proficient in the language or dialect used.
Art. 806. Every will must be acknowledged before a notary Art. 822. If the witnesses attesting the execution of a will are
public by the testator and the witnesses. The notary public competent at the time of attesting, their becoming
shall not be required to retain a copy of the will, or file another subsequently incompetent shall not prevent the allowance of
with the Office of the Clerk of Court. (n) the will. (n)
Art. 823. If a person attests the execution of a will, to whom
Art. 807. If the testator be deaf, or a deaf-mute, he must or to whose spouse, or parent, or child, a devise or legacy is
personally read the will, if able to do so; otherwise, he shall given by such will, such devise or legacy shall, so far only as
designate two persons to read it and communicate to him, in concerns such person, or spouse, or parent, or child of such
some practicable manner, the contents thereof. (n) person, or any one claiming under such person or spouse, or
parent, or child, be void, unless there are three other
Art. 808. If the testator is blind, the will shall be read to him competent witnesses to such will. However, such person so
twice; once, by one of the subscribing witnesses, and again, by attesting shall be admitted as a witness as if such devise or
the notary public before whom the will is acknowledged. (n) legacy had not been made or given. (n)

Art. 809. In the absence of bad faith, forgery, or fraud, or Art. 824. A mere charge on the estate of the testator for the
undue and improper pressure and influence, defects and payment of debts due at the time of the testator's death does
imperfections in the form of attestation or in the language not prevent his creditors from being competent witnesses to
used therein shall not render the will invalid if it is proved his will. (n)
that the will was in fact executed and a
SUBSECTION 5. - Codicils and Incorporation by Reference
b. Formal Requisites of Notarial Will
a. Signing by the testator Art. 825. A CODICIL is SUPPLEMENT OR ADDITION to a
b. Attestation and Subscription by Three Witnesses will, made AFTER the execution of a will and annexed to be
c. Signature on Every Page. taken as a part thereof, by which disposition made in the
d. Pagination original will is explained, added to, or altered. (n)
e. Attestation Clause. Notes:
f. Acknowledgement. Subsequent instrument mortis causa may either be a
codicil or a new will.
c. Requirement of Handicapped Testator, New will makes dispositions independent of those in
original will, without explaining or modifying such original
d. Witness to Will Wills will.
Codicil- is always related to some prior wills. It may
Art. 820. Any person of sound mind and of the age of eighteen be notarial or holographic will as long as it is executed in
years or more, and not bind, deaf or dumb, and able to read form required by law.
and write, may be a witness to the execution of a will Effect: Execution of will is moved to Date of Execution
mentioned in Article 805 of this Code. (n) to codicil. Intention is controlling, reckoned at the time of the
Art. 821. The following are disqualified from being witnesses execution, otherwise considered after acquired which is
to a will: deemed not included in will.
(1) Any person not domiciled in the Philippines;
(2) Those who have been convicted of falsification of a Art. 826. In order that a codicil may be effective, it shall be
document, perjury or false testimony. (n) executed as in the case of a will. (n)
 ANTHONY TEJARES
MIDTERM Reviewer 27

Art. 827. If a will, executed as required by this Code, Art. 828. A will may be revoked by the testator at any time
incorporates into itself by reference any document or paper, before his death. Any waiver or restriction of this right is void.
such document or paper shall not be considered a part of the (737a)
will unless the following requisites are present: Notes:
Being one of the characteristics- Ambulatory, it may
(1) The document or paper referred to in the will must be in be revoked, altered, or superseded at any time, during the
existence at the time of the execution of the will; lifetime of the testator.
Revocation- is the act of mind, terminating the
(2) The will must clearly describe and identify the same, potential capacity of the will to operate at the death of the
stating among other things the number of pages thereof; testator, manifested by some outward and visible act or sign,
symbolic thereof.
(3) It must be identified by clear and satisfactory proof as
the document or paper referred to therein; and Art. 829. A revocation done outside the Philippines, by a
person who does not have his domicile in this country, is
(4) It must be signed by the testator and the witnesses on valid when it is done according to the law of the place where the
each and every page, EXCEPT in case of voluminous books will was made, or according to the law of the place in which the
of account or inventories. (n) testator had his domicile at the time; and if the revocation takes
Notes: place in this country, when it is in accordance with the
provisions of this Code. (n)
Incorporation by Reference is an exception to the rule that if Notes:
an instrument is not executed will all of the formalities of a This Article is applicable only, When an alien revoke
will it cannot be admitted to probate. outside the country(PH)-2 condition might be applicable,
What if it did not contain an attestation clause…..held: the however an alien may revoke in PH in accordance with the
inventory need not contain in the attestation clause. Having Civil Code.
been clearly referred to in the will, the attestation clause of
the will is sufficient. ( AC- it is the act of the witness not the Art. 830. No will shall be revoked except in the following
testator) cases:

It must be on the face of the will (Extrinsic Proof). (1) By implication of law; or
Parol evidence is of necessity received to identify the
writings. It must existing, the reference. (2) By some will, codicil, or other writing executed as
When writing is offered, it must shown extrinsic provided in case of wills; or
proof. 1.) That it is the very writing referred to in the will. 2.)
That it was in the fact made before the will was executed. (3) By burning, tearing, cancelling, or obliterating the will
with the intention of revoking it, by the testator himself, or by
SUBSECTION 6. - Revocation of Wills and Testamentary some other person in his presence, and by his express direction. If
Dispositions burned, torn, cancelled, or obliterated by some other person,
without the express direction of the testator, the will may
still be established, and the estate distributed in accordance The testator must at the time of performing it be, on
therewith, if its contents, and due execution, and the fact of possession of his faculties and capable of making a will. The
its unauthorized destruction, cancellation, or obliteration are same degree of mental capacity is required to revoke a will.
established according to the Rules of Court. (n) If insane, then during the lucid interval or it will not affect a
revocation.
Notes. Capacity and Intention to revoke must further shown.
Revocation- by Implication of law, when certain acts or events It must be ANIMO REVOCANDI.
takes place subsequent to the making of a will, which nullify or It must be actually carried out, the mental process or intent
render inoperative either the will itself or some testamentary to revoke must occur with the physical fact or actual destruction of
disposition. the will.
1. The commission by the heir, devisee, or legatee of some act However, when it is the deisee or legatee who
of unworthiness(1032) prevents the revocation of the will, by the use of threat,
2.The transformation , alienation, or loss of the thing given as fraud, or violence, the will is revoked, as to him, by
a devise or legacy, subsequent to the execution if the implication of law on the ground that he has committed an
will(957) act of unworthiness which disqualifies him from succeeding
3. Judicial demand by the testator of a credit which has been under Civil Code.
given as a legacy,(936) Intention must aπppear by some act or symbol,
4. The preterition of the compulsory heirs un the direct appearing on the script itself (sufficient to revoke the will)-
line(854) so it may not rest upon mere parol testimony,
5. The sale of property given as devise, or legacy for the
payment of the debts of the testator(Pacto de retro sale).
3- is through overt act, it must be completed( Physical
Revocation by Subsequent Instruments- It should be valid destruction although minimal)
and executed with the formalities required for the making of
the will. A SW containing clause revoking the previous will Art. 831. Subsequent wills which do not revoke the previous
should possess all the requisites of the will whether it will ones in an express manner, annul only such dispositions in
be notarial or holographic will, and should be probated in the prior wills as are inconsistent with or contrary to those
order that the revocation clause may be given an effect of contained in the latter wills. (n)
revoking the previous will. Art. 832. A revocation made in a subsequent will shall take
effect, even if the new will should become inoperative by
There must be present action, as distinguished from the reason of the incapacity of the heirs, devisees or legatees
intention to act. Revocation may be made conditional upon a designated therein, or by their renunciation. (740a)
future time. No declaration of a fixed determination to
revoke at some future time amounts to a revocation: and it Art. 833. A revocation of a will based on a false cause or an
matters not how formally its is executed. illegal cause is null and void. (n)

Wholly Inconsistent or containing express revocation Art. 834. The recognition of an illegitimate child does not
clauses, are offered for probate, parol evidence is competent lose its legal effect, even though the will wherein it was
to show which was in fact last executed. made should be revoked. (714)

Revocation by Destruction of Will

SUBSECTION 7. - Republication and Revival of Wills
 ANTHONY TEJARES
MIDTERM Reviewer 29

(2) If the testator was insane, or otherwise mentally incapable

Art. 835. The testator cannot republish, without reproducing in of making a will, at the time of its execution;
a subsequent will, the dispositions contained in a previous one
which is void as to its form. (n) (3) If it was executed through force or under duress, or the
Art. 836. The execution of a codicil referring to a previous will influence of fear, or threats;
has the effect of republishing the will as modified by the
codicil. (n) (4) If it was procured by undue and improper pressure and
influence, on the part of the beneficiary or of some other
Art. 837. If after making a will, the testator makes a second person;
will expressly revoking the first, the revocation of the second
will does not revive the first will, which can be revived only (5) If the signature of the testator was procured by fraud;
by another will or codicil. (739a)
(6) If the testator acted by mistake or did not intend that the
instrument he signed should be his will at the time of affixing
SUBSECTION 8. - Allowance and Disallowance of Wills his signature thereto. (n)

Art. 838. No will shall pass either real or personal property

unless it is proved and allowed in accordance with the Rules SECTION 5. - Legitime
of Court.
The testator himself may, during his lifetime, petition the court Art. 886. Legitime is that part of the testator's property which
having jurisdiction for the allowance of his will. In such case, he cannot dispose of because the law has reserved it for
the pertinent provisions of the Rules of Court for the certain heirs who are, therefore, called compulsory heirs. (806)
allowance of wills after the testator's a death shall govern.

The Supreme Court shall formulate such additional Rules of

Court as may be necessary for the allowance of wills on Art. 887. The following are compulsory heirs:
petition of the testator. (1) Legitimate children and descendants, with respect to their
legitimate parents and ascendants;
Subject to the right of appeal, the allowance of the will, either (2) In default of the foregoing, legitimate parents and
during the lifetime of the testator or after his death, shall be ascendants, with respect to their legitimate children and
conclusive as to its due execution. (n) descendants;
(3) The widow or widower;
Art. 839. The will shall be disallowed in any of the following (4) Acknowledged natural children, and natural children by
cases: legal fiction;
(5) Other illegitimate children referred to in Article 287.
(1) If the formalities required by law have not been complied Compulsory heirs mentioned in Nos. 3, 4, and 5 are
with; not excluded by those in Nos. 1 and 2; neither do they exclude
one another.
 In all cases of illegitimate children, their filiation must one-fourth of the hereditary estate. In case of a legal separation,
be duly proved. the surviving spouse may inherit if it was the deceased who had
The father or mother of illegitimate children of the given cause for the same.
three classes mentioned, shall inherit from them in the manner
and to the extent established by this Code. (807a) If there are two or more legitimate children or descendants,
the surviving spouse shall be entitled to a portion equal to the
Art. 888. The legitime of legitimate children and descendants legitime of each of the legitimate children or descendants.
consists of one-half of the hereditary estate of the father and In both cases, the legitime of the surviving spouse shall be
of the mother. taken from the portion that can be freely disposed of by the
The latter may freely dispose of the remaining half, subject to testator. (834a)
the rights of illegitimate children and of the surviving spouse as
hereinafter provided. (808a) Art. 893. If the testator leaves no legitimate descendants, but
leaves legitimate ascendants, the surviving spouse shall have a
Art. 889. The legitime of legitimate parents or ascendants right to one-fourth of the hereditary estate.
consists of one-half of the hereditary estates of their children This fourth shall be taken from the free portion of the
and descendants. estate. (836a)
The children or descendants may freely dispose of the other
half, subject to the rights of illegitimate children and of the Art. 894. If the testator leaves illegitimate children, the
surviving spouse as hereinafter provided. (809a) surviving spouse shall be entitled to one-third of the
hereditary estate of the deceased and the illegitimate children
Art. 890. The legitime reserved for the legitimate parents to another third. The remaining third shall be at the free
shall be divided between them equally; if one of the parents disposal of the testator. (n)
should have died, the whole shall pass to the survivor.
Art. 895. The legitime of each of the acknowledged natural
If the testator leaves neither father nor mother, but is children and each of the natural children by legal fiction shall
survived by ascendants of equal degree of the paternal and maternal consist of one-half of the legitime of each of the legitimate
lines, the legitime shall be divided equally between both lines. children or descendants.
If the ascendants should be of different degrees, it shall
pertain entirely to the ones nearest in degree of either The legitime of an illegitimate child who is neither an
line. (810) acknowledged natural, nor a natural child by legal fiction,
shall be equal in every case to four-fifths of the legitime of an
acknowledged natural child.
Art. 891. The ascendant who inherits from his descendant any
property which the latter may have acquired by gratuitous The legitime of the illegitimate children shall be taken
title from another ascendant, or a brother or sister, is obliged from the portion of the estate at the free disposal of the
to reserve such property as he may have acquired by testator, provided that in no case shall the total legitime of
operation of law for the benefit of relatives who are within such illegitimate children exceed that free portion, and that
the third degree and who belong to the line from which said the legitime of the surviving spouse must first be fully
property came. (871) satisfied. (840a)

Art. 892. If only one legitimate child or descendant of the Art. 896. Illegitimate children who may survive with
deceased survives, the widow or widower shall be entitled to legitimate parents or ascendants of the deceased shall be
 ANTHONY TEJARES
MIDTERM Reviewer 31

entitled to one-fourth of the hereditary estate to be taken

from the portion at the free disposal of the testator. (841a) Art. 901. When the testator dies leaving illegitimate children
and no other compulsory heirs, such illegitimate children shall
Art. 897. When the widow or widower survives with have a right to one-half of the hereditary estate of the deceased.
legitimate children or descendants, and acknowledged natural
children, or natural children by legal fiction, such surviving The other half shall be at the free disposal of the
spouse shall be entitled to a portion equal to the legitime of testator. (842a)
each of the legitimate children which must be taken from that
part of the estate which the testator can freely dispose of. (n) Art. 902. The rights of illegitimate children set forth in the
preceding articles are transmitted upon their death to their
Art. 898. If the widow or widower survives with legitimate descendants, whether legitimate or illegitimate. (843a)
children or descendants, and with illegitimate children other
than acknowledged natural, or natural children by legal Art. 903. The legitime of the parents who have an illegitimate
fiction, the share of the surviving spouse shall be the same as child, when such child leaves neither legitimate descendants,
that provided in the preceding article. (n) nor a surviving spouse, nor illegitimate children, is one-half of
the hereditary estate of such illegitimate child. If only legitimate or
Art. 899. When the widow or widower survives with illegitimate children are left, the parents are not entitled to any
legitimate parents or ascendants and with illegitimate legitime whatsoever. If only the widow or widower survives
children, such surviving spouse shall be entitled to one- with parents of the illegitimate child, the legitime of the parents
eighth of the hereditary estate of the deceased which must is one-fourth of the hereditary estate of the child, and that of the
be taken from the free portion, and the illegitimate children surviving spouse also one-fourth of the estate. (n)
shall be entitled to one-fourth of the estate which shall be
taken also from the disposable portion. The testator may Art. 904. The testator cannot deprive his compulsory heirs of
freely dispose of the remaining one-eighth of the estate. (n) their legitime, except in cases expressly specified by law.
Neither can he impose upon the same any burden,
Art. 900. If the only survivor is the widow or widower, she or encumbrance, condition, or substitution of any kind
he shall be entitled to one-half of the hereditary estate of the whatsoever. (813a)
deceased spouse, and the testator may freely dispose of the other
half. (837a) Art. 905. Every renunciation or compromise as regards a
future legitime between the person owing it and his
If the marriage between the surviving spouse and the compulsory heirs is void, and the latter may claim the same
testator was solemnized in articulo mortis, and the testator upon the death of the former; but they must bring to collation
died within three months from the time of the marriage, the whatever they may have received by virtue of the renunciation
legitime of the surviving spouse as the sole heir shall be one- or compromise. (816)
third of the hereditary estate, except when they have been
living as husband and wife for more than five years. In the Art. 906. Any compulsory heir to whom the testator has left by
latter case, the legitime of the surviving spouse shall be that any title less than the legitime belonging to him may demand
specified in the preceding paragraph. (n) that the same be fully satisfied. (815)
Art. 907. Testamentary dispositions that impair or diminish If the testator has directed that a certain devise or
the legitime of the compulsory heirs shall be reduced on legacy be paid in preference to others, it shall not suffer any
petition of the same, insofar as they may be inofficious or reduction until the latter have been applied in full to the
excessive. (817) payment of the legitime.
(3) If the devise or legacy consists of a usufruct or life annuity,
Art. 908. To determine the legitime, the value of the property whose value may be considered greater than that of the
left at the death of the testator shall be considered, deducting disposable portion, the compulsory heirs may choose between
all debts and charges, which shall not include those imposed complying with the testamentary provision and delivering to
in the will. the devisee or legatee the part of the inheritance of which the
testator could freely dispose. (820a)
To the net value of the hereditary estate, shall be
added the value of all donations by the testator that are subject Art. 912. If the devise subject to reduction should consist of
to collation, at the time he made them. (818a) real property, which cannot be conveniently divided, it shall
go to the devisee if the reduction does not absorb one-half of
Art. 909. Donations given to children shall be charged to their its value; and in a contrary case, to the compulsory heirs; but
legitime. the former and the latter shall reimburse each other in cash for
what respectively belongs to them.
Donations made to strangers shall be charged to that The devisee who is entitled to a legitime may retain
part of the estate of which the testator could have disposed by the entire property, provided its value does not exceed that of
his last will. the disposable portion and of the share pertaining to him as
legitime. (821)
Insofar as they may be inofficious or may exceed the
disposable portion, they shall be reduced according to the Art. 913. If the heirs or devisees do not choose to avail
rules established by this Code. (819a) themselves of the right granted by the preceding article, any
heir or devisee who did not have such right may exercise it;
Art. 910. Donations which an illegitimate child may have should the latter not make use of it, the property shall be sold
received during the lifetime of his father or mother, shall be at public auction at the instance of any one of the interested
charged to his legitime. parties. (822)

Should they exceed the portion that can be freely Art. 914. The testator may devise and bequeath the free
disposed of, they shall be reduced in the manner prescribed by portion as he may deem fit. (n)
this Code. (847a)
TESTATOR T
Art. 911. After the legitime has been determined in accordance Legitimate Child A
with the three preceding articles, the reduction shall be made Legitimate Child B
as follows: Legitimate Child C
(1) Donations shall be respected as long as the legitime can be Legitimate Child D
covered, reducing or annulling, if necessary, the devises or Illegitimate Child E
legacies made in the will; Illegitimate Child F
(2) The reduction of the devises or legacies shall be pro rata, Widow G
without any distinction whatever.
 ANTHONY TEJARES
MIDTERM Reviewer 33

ESTATE 500,000 Art. 840. Institution of heir is an act by virtue of which a

Don- Col non to A 10,000 testator designates in his will the person or persons who are to
Don- Col non to F 10,000 succeed him in his property and transmissible rights and
B 20,000 obligations. (n)
E 20,000 Art. 841. A will shall be valid even though it should not
Donation to Stranger H 20,000 contain an institution of an heir, or such institution should not
DEBT 25,000 comprise the entire estate, and even though the person so
TAXES 15,000 instituted should not accept the inheritance or should be
LEGACY TO C 20,000 incapacitated to succeed.
LEGACY TO D 40,000
LEGACY TO DRIVER 50,000 In such cases the testamentary dispositions made in
accordance with law shall be complied with and the
remainder of the estate shall pass to the legal heirs. (764)
ESTATE 500,000
Less: Debt and Taxes 40,000 Art. 842. One who has no compulsory heirs may dispose by
Net Heritetary Estate 460,000 will of all his estate or any part of it in favor of any person
Add: Donation 80,000 having capacity to succeed.
540,000
Devide 2 One who has compulsory heirs may dispose of his estate
Strict Legitime 270,000 provided he does not contravene the provisions of this Code
Free Disposal 270,000 with regard to the legitime of said heirs. (763a)
Less Don
A 67,500 67,500 Art. 843. The testator shall designate the heir by his name and
B 67,500 20,000 47,500 surname, and when there are two persons having the same
C 67,500 67,500 names, he shall indicate some circumstance by which the
D 67,500 67,500 instituted heir may be known.
G 67,500 67,500
E 33,750 20,000 13,750 Even though the testator may have omitted the name of the
F 33,750 33,750 heir, should he designate him in such manner that there can be
365,000 no doubt as to who has been instituted, the institution shall be
Less:NHE 460,000 valid. (772)
FD 95,000
Less: Legacy 110,000 Art. 844. An error in the name, surname, or circumstances of
total DP -15,000 the heir shall not vitiate the institution when it is possible, in
any other manner, to know with certainty the person
SECTION 2. - Institution of Heir instituted.
If among persons having the same names and surnames, there
is a similarity of circumstances in such a way that, even with Art. 852. If it was the intention of the testator that the
the use of the other proof, the person instituted cannot be instituted heirs should become sole heirs to the whole estate,
identified, none of them shall be an heir. (773a) or the whole free portion, as the case may be, and each of them
has been instituted to an aliquot part of the inheritance and
Art. 845. Every disposition in favor of an unknown person their aliquot parts together do not cover the whole inheritance,
shall be void, unless by some event or circumstance his or the whole free portion, each part shall be increased
identity becomes certain. However, a disposition in favor of a proportionally. (n)
definite class or group of persons shall be valid. (750a)
Art. 853. If each of the instituted heirs has been given an
Art. 846. Heirs instituted without designation of shares shall aliquot part of the inheritance, and the parts together exceed
inherit in equal parts. (765) the whole inheritance, or the whole free portion, as the case
may be, each part shall be reduced proportionally. (n)
Art. 847. When the testator institutes some heirs individually
and others collectively as when he says, "I designate as my Art. 854. The preterition or omission of one, some, or all of the
heirs A and B, and the children of C," those collectively compulsory heirs in the direct line, whether living at the time
designated shall be considered as individually instituted, of the execution of the will or born after the death of the
unless it clearly appears that the intention of the testator was testator, shall annul the institution of heir; but the devises and
otherwise. (769a) legacies shall be valid insofar as they are not inofficious.

Art. 848. If the testator should institute his brothers and sisters, If the omitted compulsory heirs should die before the testator,
and he has some of full blood and others of half blood, the the institution shall be effectual, without prejudice to the right
inheritance shall be distributed equally unless a different of representation. (814a)
intention appears. (770a)
Art. 855. The share of a child or descendant omitted in a will
Art. 849. When the testator calls to the succession a person and must first be taken from the part of the estate not disposed of
his children they are all deemed to have been instituted by the will, if any; if that is not sufficient, so much as may be
simultaneously and not successively. (771) necessary must be taken proportionally from the shares of the
other compulsory heirs. (1080a)
Art. 850. The statement of a false cause for the institution of an
heir shall be considered as not written, unless it appears from Art. 856. A voluntary heir who dies before the testator
the will that the testator would not have made such institution transmits nothing to his heirs.
if he had known the falsity of such cause. (767a)
A compulsory heir who dies before the testator, a person
Art. 851. If the testator has instituted only one heir, and the incapacitated to succeed, and one who renounces the
institution is limited to an aliquot part of the inheritance, legal inheritance, shall transmit no right to his own heirs except in
succession takes place with respect to the remainder of the cases expressly provided for in this Code. (766a)
estate.
There is Institution of Sole Heirs
The same rule applies if the testator has instituted several
Testator
heirs, each being limited to an aliquot part, and all the parts do
not cover the whole inheritance. (n) 2-Legitimate 3//4
 ANTHONY TEJARES
MIDTERM Reviewer 35

A& B
2- Bro/Sis C& D 1//8
Estate 300,000
Volutary
Institution Legitime Heir Excess Total
A 112500 75000 37500 12500 125000
B 112500 75000 37500 12500 125000
C 18750 0 18750 6250 25000
D 18750 0 18750 6250 25000
Total 262500 112500 300000
300,000
37,500
112.5-75 37.5/112.5*37.5
Testator 112.5+12.5
Estate 720,000
Legitimate Children
X- 1//2
Y- 1/4
Z- 1//6
Volutary
Institution Legitime Heir Excess Total
X 360000 120,000 240,000 48000 408000
Y 180000 120,000 60,000 12000 192000
Z 120000 120,000 0 0 120000
660000 300,000 720000
Estate 720,000
Excess 60,000 240/300X60
360-120 360+48