SUCCESSION General provisions (774) A mode of acquiring ownership o It is not delivery (tradition) that vests ownership.

. Succession itself is the mode. You do not need delivery of the thing to the successors. o In due time, the successor acquires a right to possession of the thing, which may be in the hands of someone else. But this is an action of assertion/vindication of possession based on ownership. Whatis transferred? o The inheritance. o Inheritance is defined in 776 as the transmissible rights and obligations of a person o Are thereintransmissiblerightsand obligations? Yes. 1. Purely personal; 2. Intransmissible by stipulation 3. Intransmissible by operation of law

Are theseconveyedby succession? No.

Whatare examples? A purely personal obligation or right Ex. Right to receive support from ones parents

Givean exampleof a transmissibleobligation. X entered into a perfect contract to sell his car to Y, but it has not been consummated. X died. This transfers to his heirs.

o Is a moneydebt a transmissibleobligation? Yes. But is it transmitteddirectlyto the heirs? No. It is paid by the estate, upon claim by the creditor. (Unionbank v. Santibanez)

Doesthis not violateArticle774? No. Although the creditors do not claim directly from the heirs, the effect is the same what the heirs would have otherwise gotten is diminished, so they are indirectly and ultimately paying the debt.

Doesthis provisionon moneyclaimsaffect otherclaims? No. They are still transmitted to the heirs.

Whendoestransmissiontake place? o (777) Transmission takes place from the moment of death o This is legal fiction, because you dont really physically get the inheritance at the moment of death. o Whyis it properto say the rightsto successionvestinsteadof get transmitted? Because you already have that right, albeit inchoate. It only vests upon death of the predecessor.

Whatare the consequencesof Art. 777? o 1. Determination of who the heirs will be is determined at the moment of death; also, what law is in effect; what portions they will get, etc. Uson v. Del Rosario: Decedent died during effectivity of the old Civil Code, so the spurious children are excluded (unlike in the NCC, where they would get something)

o 2. Even before the actual partition of the estate, the heir can dispose can dispose of his/her interest over the inheritance. De Borja v. De Borja the heir was allowed to onerously dispose of her share even if she did not know how much exactly she would get. Couldshe havedisposedof it gratuitously? Yes.

o 3. Heirs have a right to substitute their predecessor in an action that survives. Bonilla v. Barcena Patrimonial right right to prosecute an action

Updateson the abovementionedjurisprudence: o Lee v. RTC (423 SCRA 497)

An heir can sell his right/interest in property under administration. However, an heir can only alienate such portion of the estate allotted to him in the division of estate. So he can only sell his ideal or undivided share in the estate, and not specific properties.

o Liu v. Loi (405 SCRA 316) An heir can sell his interest in the decedents estate, but always subject to the rights of the creditors and the result of the partition. So if you end up having no share in the estate, then what you sold is subject to the creditors claim.

o Heirs of Conti v. CA (300 SCRA 345) Reiterated Bonilla case: prior settlement of estate not necessary for heirs to commence action or continue action pertaining to the estate.

o Heirs of Pinchay [?] v. Del Rosario Prevented from filing action because the plaintiffs have not established proof that they are the decedents heirs. How to resolve: you can continue an action if you are indisputably an heir.

Whatare the threekindsof succession? o 1. Compulsory o 2. Testamentary o 3. Intestate In absence or default of valid will

(781) is a WRONG provision. The heirs acquire rights to the inheritance upon death. Any fruits/accruals after will indeed belong to the heirs, but not through succession, but through accession discrete or continua. Whatis the importanceof distinguishingbetweenheirsand legatees/devisees? o This is an important distinction because of the rules on preterition. o Heirs succeeds to an aliquot part of the estate, whether through testate or intestate

COMPULSORY SUCCESSION Legitimes (886) Legitime

o A part of the testators property An aliquot or fractional part

o Which he cannot dispose of gratuitously Whyis gratuitouslyunderlined? Because he can dispose of it onerously. He cannot donate to an extent that will eat into the value of the legitime. But he can sell his properties. Onerous dispositions do not impair the legitime. (Joaquin v. CA)

So he can gratuitouslydispose? YES. But, he cannot eat into the legitime.

Manongsong v. Estimo: Sale does not affect the value of the decedents estate. There is an exchange of value.

Whoare the compulsoryheirs? (887) o 1. LC and descendants o 2. LPs and ascendants (in default of #1) o 3. SS o 4. ICs

Whichare primaryandwhichare secondary? o Primary those who are never excluded Legitimate children/descendants

o Secondary those who receive only in default of the primary Legitimate parents/ascendants Illegitimate parents N.B. does not go beyond parents

o Concurring compulsory heirs Surviving spouse Illegitimate children/descendants

Whatare the two principles? o A) Exclusion and B) concurrence

o These two principles simultaneously operate to establish combinations of compulsory heirs Legitimarycombinations [recit] LC = ; IC = LC = LP = each; 3 IC = 1/12 each; SS = 1/8 IP = 1/8 each; SS = LC = 1/6 each; IC = 1/12 LC = ; SS = ; IC = 1/4 each, but reduced to 1/8 LC = 1/12; IC = 1/24 SS = 1/3; IC = 1/15 AC = ; SS =1/4; LP = 0 1 LGP (one line) = ; 2 LGP (other line) = 1/8; SS = IC = 1/3; SS =1/3 AC = each LC = 1/6 each; IC = 1/12 each; SS = 1/6 AC = each; SS =

1 LC, 1 IC 1 LC, 2 IP 3 IC, 2 LP, SS 2 IP; SS 2 AC; 1 LC; 1 IC 1 LC; 2 IC; SS 6 LC; 3 IC 5 IC; SS 1 AC; 2 LP; SS 3 LGP; SS

1 IC; SS 2 AC; 2 LP 3 LC; 2 IC; SS 2 AC; 1 LP; SS

Legitimatechildrenor descendants o Get a constant Note: There are only three cases where nobody gets : SS 1/3; IC 1/3 SS, exceptional circumstance of in articulo mortis 1/3 SS 1/4; IP 1/4

o They are the primary compulsory heir o The nearer exclude the more remote. So children exclude grandchildren. o BUT the grandchildren can inherit if representation is proper Predecease Disinheritance Incapacity/Unworthiness

o N.B. If all the children renounce, then the grandchildren will all inherit equally (per capita)

But if only a few renounce and not all, the remaining child/children will get what is left to the exclusion of the grandchildren

o The adopted child is, for purposes of succession, in the exact position as a LC Must be legally, not de facto adopted

o Doesthe adoptedchild retainthe right to succeedhis biologicalparents? This is still an open question. There is an obiter in the Stephanie Garcia case that the adopted child does, but it is a mere obiter, and it cites a Family Code provision that might have been repealed by the Domestic Adoption Act.

Legitimateparentsor ascendants o Nearer exclude more remote. Parents exclude grandparents. o Equal division by line. So paternal and maternal lines split by half then divide between the parents.

Survivingspouse o Before, in the Spanish Code, she cannot concur with LC; she would only get usufructuary right over the property of the LC. Now, she can concur, and is in fact always an heir. But her share is variable. o Whatkindof marriageis neededto becomea SS? Valid or voidable

o Whatis the effectof legal separation? Final decree will disqualify the guilty spouse from inheriting through compulsory, testamentary, or intestate succession. Unless there is reconciliation.

Lapuz v. Eufemio: If pending a case for legal separation, one of the spouses dies, the action is automatically extinguished and there will be no LS.

o Whatare the prerequisitesto havethe SS inherit only 1/3? 1. SS inherits alone 2. The marriage was in articulo mortis 3. Decedent dies within 3 months of the marriage 4. Couple did not live together for at least 5 years 5. The decedent was the one at the point of death upon marriage

IllegitimateChildrenor descendants

No more distinction between natural and spurious children.

o Whatif theyconcurwith legitimatechildren? Always get of one LCs share Their share can be reduced pro rata if the shares exceed 1 whole. They are less preferred than SS and LC.

o Whatif theydo not concurwith legitimatechildren? Variable shares. If with SS, then 1/3. If with IP, then . Alone, collectively. If with LP and SS, then .

o Whatis the rule on representation? The illegitimate children of an illegitimate child can represent the latter. The illegitimate children of a legitimate child cannot represent the latter.

IllegitimateParents o Excluded by BOTH legitimate and illegitimate children. o No succession for illegitimate ascendants beyond IPs

Preterition (854) Whatis preterition? o Total omission of a compulsory heir in the direct line from the inheritance. o Whatis the mistakeof the judgein Seangio? He said that it is total omission from the will. It must be total omission from the inheritance.

Whenis a compulsoryheir completelyomitted? o When he gets nothing in the way of: 1. testamentary (institution of heir) disposition 2. legacy or devise 3. intestate succession 4. donation inter vivos Dont forget donation inter vivos!

and he was not disinherited.

Whydoesit mentioncompulsoryheirsin the directline? Whois a compulsoryheir not in the direct line?

o The surviving spouse. o So whois covered? It can be LC, IC, and as circumstances apply, LP or IP

o Howdo you determinewhoare the compulsoryheirs? Determine only at the time of death because that is only when the rights to succession vest.

Whatif thereis somethingis givenbut is insufficient? o Remedy is completion of legitime (906)

Whatis the effectof preterition? o Annulment of the institution of heir. But legacies and devises are valid in so far as they are not inofficious. o If there are no legacies or devises, the entire estate is thrown open to intestacy.

Doesthe fact that an heir is not mentionedin the will meanthat he is preterited? o No, if the will does not dispose of the entire estate. ( Seangio)

If someonediesintestate,can therebe preterition? o No.

Doesthe fact that an heir is mentionedin the will meanhe is not preterited? o Not always! [ex. there was no disposition in his favor]

X has two children,A and B. X madea will givingB of his estate, and the otherhalf to Ateneo. X did not give A anythingby wayof donationinter vivoseither. But A predeceasedX. Is therepreterition? o No. A predeceased. You only determine fact of preterition upon death of testator. (JLT Agro)

[Samefacts] A, however,had a son A1. A predeceasedX still. Is therepreterition? o Yes. But not of A, but of A1. o Doesit matterthanA1 wasbornafter the will wasmade? It does not matter. The reckoning point is still time of death of the testator, not time of making the will.

o Whatis the effect? The entire estate is thrown open to intestacy because there are no legacies or devises.

X said I will disinheritmy son B becausehe tookup law, not medicine. Is this a valid disinheritance? o No. It is not one of the grounds. It is rendered ineffective, and therefore, there is no preterition.

[Samefacts] But the secondsentencenowsays, in addition,soI give of my estateto Ateneo,and the other1/2 to my brotherZ. Whathappenshere? o There was no preterition. So X will get his legitime because the disinheritance is ineffective. The dispositions in favor of Ateneo and Z are valid but inofficious, so these will just be reduced but not rendered invalid. [Takenoteof this scenario] o Whydoesit becomelike this? Because preterition will only apply when there is inadvertent omission from the will (without the heir being expressly disinherited). An ineffective disinheritance, thus only results into the heir being able to demand his rightful share. Preterition does not vest.

Disinheritance (915-923) Whatis the effectof disinheritance? o Primary effect exclusion from the legitime o Actual effect TOTAL exclusion of the heir from all manner of succession: exclusion of the heir from the legitime and the intestate portion, if any, and also from testamentary succession is instituted in an earlier will. Requisites? o 1. Made in a will Canyou disinheritin a mediumotherthana will? No. ONLY through a will.

o 2. Done for a cause specified by law. o 3. Specify the cause o 4. Must be unconditional o 5. Must be total o 6. Cause must true o 7. If the truth of the cause is challenged, the truth of the cause must be proved by the proponent Whatis the policyof the law?

It is reluctant to grant disinheritance. This is why the burden of proof is automatically with the proponent of the will. The rebutting heir is not tasked to prove the denial.

Takenoteof the following: o 1. Some of the requisites require conviction by final judgment. Example: Number 1. Mere attempt to take the life is not enough; there must be conviction. But some do not need final conviction, like Maltreatment by word or deed Living a dishonorable life

o 2. The grounds are exclusive. o [The grounds are discussed in a table below] Whichgroundsrequireconvictionby final judgment? o 1. Attempt against life of testator, spouse, descendant, ascendant o 2. Adultery/concubinage with spouse of testator o 3. Conviction of crime which carries with it penalty of civil interdiction Whatis the special requirementfor the groundof refusalto givesupport? o There must have been a prior demand, and the demand must have been unjustifiably refused. Whatis maltreatmentby wordor deed? o It covers a wide range of misdeeds, but it must be verbal or physical assault of a serious nature o No need for conviction Whatis abandonmentas a groundto disinherita parent? o Complete withholding of presence, love, care, and opportunity to display maternal affection; total denial of support and maintenance o See discussion below in unworthiness Musttherebe convictionin Attemptagainstvirtue? o No. Whatis givingcausefor legal separationas groundto disinherita spouseimply?

o No need for decree of legal separation, because merely giving ground is enough o Contrastthis with lossof parentalauthorityas a groundto disinherita parent: Need actual loss of parental authority for this ground

Is thererepresentationin disinheritance? o Yes, if the disinherited heir is a descendant. Also for brothers/sisters being represented by nephews/nieces but only in intestacy and not compulsory (because brothers/sisters are not compulsory heirs)

o No, if the disinherited heir is an ascendant. o N.B. representation does not apply to testamentary succession (obviously). o Whatdoesrepresentationcover? Compulsory and intestate succession See rules on representation for further distinction

Doesthe disinheritedparenthaveright to usufructor administrationof the propertyconstitutingthe legitime? o No. The usual rule in the FC that the parents are legal guardians of the childs property does not apply to a disinherited parent.

Howcan disinheritancebe lifted? o Reconciliation between the parties. o It may be oral, in writing, or by conduct (implied). o Whatmustbe the formof expresspardon? It must be a pardon expressly and concretely extended to the offender, and not a mere general pardon extended to all who have offended him

o Whatis the natureof pardonthroughconduct? The intent to forgive must be clear. This is a question of fact.

Whatis the effectof reconciliation? o It removes the disinheritance. o Doeshe recoverlegitime? Definitely. The heir recovers his right to the legitime.

o Doeshe receiveanythingby intestatesuccession?

He recovers the right to the intestate portion, if there is any left.

o Doesit revivetestamentarydispositionsin a prior will? Yes, unless it was revoked.

o Whatif thereis reconciliationbeforedisinheritanceis made? The right to disinherit is extinguished

Unworthiness (1032-1040) 1032 enumerates causes for incapacity to succeed/unworthiness and there is a close parallel with disinheritance. As with disinheritance, there is need for final conviction for some, not for others, and one requires exoneration. First ground (actually three): o 1. Abandonment of child This articlerefersto unworthinessof compulsoryheirs. Parentswhohaveabandonedtheir children. But whatif the child is underthe authorityof grandparents,will this apply? RFB thinks so. It should probably be ascendants who abandon descendants.

Abandonmenthas no precisemeaning. Howdo we understandit here? When the parent/ascendant culpably neglects the support of the child. Culpably means without justification.

Whataboutgivingconsentto adoption,is it abandonment? No. It is not a culpable act. It is encouraged by law.

o 2. Inducement by parent for daughters to live a corrupt or immoral life Re: inducement. Whataboutgrandchildren/granddaughters? Whataboutgrandsons? A liberal interpretation would include all these.

o 3. Attempt against virtue of daughter Attemptagainstvirtue? This should include grandparents

Doesthis needconviction? No.

Whatdoesattemptcover?

All stages of commission. Also not limited to rape: it should cover other offenses against chastity.

Are the groundsexclusive? o Yes.

Do you needactual disinheritance? o No. The law itself excludes the heir.

Whatis the extentof the disqualification? o Total, like in disinheritance no compulsory, testamentary, intestate

Is thererepresentationhere? o Yes, in the same way as disinheritance.

Howdoesone set asideunworthiness? o 1. Written condonation o 2. Execution by offended party of a will with knowledge of the cause of unworthiness o Viz: in disinheritance, there can be implied reconciliation

Whyis the codestricterin unworthinessthandisinheritance? o This is an inconsistency, because there are many grounds common between both unworthiness and disinheritance. This happens when if the offended party avails himself of that ground and actually disinherits. o Ex. X is the son of Y. X attempts to take Ys life. A case for frustrated parricide was filed, and he was convicted with final judgment. It is a common ground in unworthiness and disinheritance. So in this case, he is automatically unworthy. But Y still disinherits X, which he can do. There is no problem here; he is just double dead. But what if X and Y reconcile? Y admitted X back into his house, and forgave him orally. Under the rules on disinheritance, reconciliation is enough to set aside the disinheritance. But because there is no written pardon, the unworthiness persists. o Howdo we resolvethis? Commentators like Tolentino say that it is the rules on disinheritance that prevail, because disinheritance is the express will of the aggrieved party. It should prevail over unworthiness. If the facts are the same but Y did not disinherit X, unworthiness will apply. So there has to be a written pardon.

Whenis capacityor incapacitydetermined?

o 1. In general, upon time of death of decedent o 2. If institution is subject to a suspensive condition: Time of decedents death AND Happening of the condition

o 3. If judgment is a requisite of unworthiness, time of final judgment Whatif the disqualifiedheir makesalienationsof hereditarypropertyand acts of administration? o 1. As to third persons in GF, these are valid In good faith if he acquired the thing for value (cant be a donation) and without knowledge of the defect of the transferors title

o 2. But the co-heirs can recover damages regardless from the disqualified heir o 3. But for necessary expenses, regardless of GF or BF, there must be indemnification of the disqualified heir Whatis the natureof the possessionof the disqualifiedheir? o Possession in BF. Thus, must return the thing, with all its accessions, and all the fruits he actually and could have received Whatis the prescriptiveperiodto declareincapacityand recoverpropertyfromthe disqualifiedheir? o Five years from time of possession Groundsfor disinheritanceand unworthiness: D of child/des Attempt against life1 Accusation of crime2 Adultery/conc.3 Force to change will Refuse to support Maltreatment by word/deed Dishonorable life Crime with civil interdiction
1 2 3

D of parent/as Attempt against life Accusation of crime Adultery/conc. Force to change will Refuse to support

D of spouse Attempt against life Accusation of crime Force to change will Refuse to support

Unworthiness Attempt against life Accusation of crime Adultery/conc. Force to change will

Abandoned,

Abandoned,

Of testator, spouse, ascendants, or descendants need conviction Crime must be 6 years or more and found groundless With testators spouse; Needs conviction

induced to corrupt life, attempt v. virtue Loss of P.A. Attempt by one parent against life of other

induced to corrupt life, attempt v. virtue Loss of P.A.

Cause for LS Prevent from making will or revoking one Falsification or forgery of will

Tipsto rememberthe grounds: o A. Common five grounds: 1. Attempt against life 2. Accusation of crime 3. Forced to change will 4. Adultery/concubinage with testators spouse Except D of spouse, because obviously he/she cannot screw him or herself

5. Refusal to support Except U; its not automatic

o B. Grounds for children: involve being a disappointment to their ascendants: 1. Maltreatment 2. Dishonorable life 3. Civil interdiction

o C. Grounds for ascendants: being bad parents/examples 1. Abandonment, corrupting influence, attempt at virtue 2. Loss of PA 3. Attempt against life by one against the other

o D. Grounds for spouse: just loss of PA and cause for legal separation 1. Loss of PA 2. Cause for legal separation

o E. Grounds for unworthiness: two grounds involving fraud in making of the will + tripleground Representation Definitionof representation? o The representative is raised to the place and degree of the person represented and acquires the rights which the latter would have if her were living or if he could have inherited Whendoesrepresentationapply? o 1. Predecease, o 2. Disinheritance, o 3. Unworthiness/incapacity o There is no representation in renunciation In what kindsof successiondoesrepresentationoperate? o 1. Compulsory o 2. Intestate In what linesdoesrepresentationobtain? o For compulsorysuccession ONLY in the descending direct line. N.B. NEVER in ascending. 1. Abandonment, corrupting influence, attempt at virtue 2. Prevent making or revocation of will 3. Falsification or forgery of will

o For intestatesuccession 1. Direct descending line 2. One instance in collateral line: nephews and nieces representing brothers and sisters of the deceased

Whatis the rule on adoptedchildren? o Cannot represent nor be represented, because the legal relationship in adoption is strictly between adopter and adopted.

Whatis the rule on representationby illegitimatechildren?(iron curtain) o Illegitimate child of a legitimate child cannot represent the latter. o Illegitimate child of an illegitimate child can represent the latter. o If the child is legitimate, he can always represent his parents.

Whatis the rule on sharesof the succeedingrepresentatives? o Since they are only stepping into the shoes of the person represented, they could get unequal shares (per stirpes). Ex. A had 2 children, B had 3. Both A and B predecease their father, X. The 2 children of A split As share by each and the 3 children of B split Bs share by 1/3 each. o Whendoesthe rule changefromper stirpes to per capita? The rule changes when ALL, and not just some, of the children renounce. The grandchildren will inherit per capita.

o Whatif all childrenpredecease? The grandchildren still inherit by representation, and not per capita.

o Howdoesthe rule changefor the sole caseof representationin the collateralline? A, B, and C are brothers and sisters of X. If A and B predecease X, then the children of A and B inherit per representation. But if ALL of A, B, and C predecease (or are disqualified) the nieces and nephews of X will inherit per capita. NOTE that this is different because in the descending line, it will be still succession by representation. Whatif thereis renunciationby all collateralheirs? Same rule as direct line heirs: the nephews and nieces will inherit per capita.

N.B. there is no distinction among the kinds of disqualifications in collateral representation, so as long as all brothers/sisters die or renounce (no such thing as disinheritance or unworthiness for brothers and sisters), the nephews/nieces inherit per capita

o Is it evenrelevantto talk aboutdisinheritanceor unworthinessfor collateralheirs? Its not. You cannot disinherit a brother or sister because hes not a compulsory heir.

Whatare the 3 ruleson qualification? o 1. Representative must be qualified to succeed the decedent (e.g. C must be qualified to represent A) o 2. Representative need not be qualified to succeed the person represented (e.g. C need not be qualified to succeed B) o 3. The person represented need not be qualified to succeed the representative (e.g. B need not be qualified to succeed C)

Whatis the differencebetweenrepresentationOF and BY a renouncer? o Representation OF renouncer does not happen o Representation BY renouncer can happen. Illustratethis rule. ABC. C renounced Bs inheritance. But C can represent B if B predeceases A, because C is inheriting from A, not B.

Reserva troncal Whatis ReservaTroncal? o See Article 891 Whatsthe purposeof reservatroncal? o To keep property or return property to the line of origin. (Sanchez Roman view) Whatare the requisitesof RT? o 1. Person acquires property from ascendant or brother/sister through gratuitous title o 2. Dies without legitimate issue o 3. Inherited by another ascendant through operation of law o 4. There are relatives within the 3rd degree of consanguinity from the prepositus belonging to the line from where the property came Whyis the reservatroncalincludedin compulsorysuccession? o The RT can limit the operation of the legitime o If that part which is reservable passes as legitime, the law says that it should pass with no burden. But if it passes as RT, it will be under the burden of RT because the law says so. o Its better to take it up as part of compulsory succession because it can become an encumbrance on the legitime. Whatare the two transmissionsthat haveto takeplace?

o 1. By gratuitous title, from the origin to the prepositus This can include donation or any kind of succession

o 2. By operation of law, from the prepositus to the reservista ONLY compulsory or intestate succession

Whatif thereis onlyone transmission? o There is no RT. There have to be two transmissions for there to be RT. o Solivio: there was just one transmission from the mother to the son, by donation. When the son died, he had no ascendants at all or descendants either. Because there was no other ascendant, the second transmission could not happen. The closest relatives are two aunts, who are not ascendants.

Whoare the partiesin RT? o But first, two basic rules: 1. All of these parties must be legitimate. If any of the relationships is illegitimate, there can be no RT. 2. No further inquiry beyond the origin is required

o 1. The origin Ascendant of prepositus, of any degree, of either line Or brother/sister of prepositus, either full or half blood If full blood, Manresa says yes. JBL says no, because there is no possibility of the property leaving the line. The ascendant lines are common.4

o 2. Prepositus o 3. Reservista Has to be a different ascendant from the origin Musthe be anotherascendantfromanotherline or can it be sameline?

If another line, no question he can be a reservista. (Ex. F S M) If same line (Ex. GF grandson F [same line as grandfather, since he is the son of the grandfather]), according to JBL, there is no RT. According to Manresa and Sanchez-Roman, there is an RT. 5

The difference is explained by different theories. JBLs view is that RT is curative or remedial; if it does not leave the line, no need for RT. Manresa says that it is preventive, too the RT seeks to prevent the property from leaving the line as well.

o 4. Reservatarios They must be related within the third degree, in relation to the prepositus, and of the line where the property originally came from N.B. Of course exclude legitimate descendants, since if the prepositus had decendants, there would have been no RT

Whoare thesepossiblereservatarios? Parent, grandparent, great grandparent, Brother, sister, nephew, nieces, uncles, aunts

Note: in the situation that JBL seeks to exclude (but Manresa favors), there is no need to make a distinction since there is no change in lines. Whendo you determinewhothe reservatarios? When the reservista dies. They do not have to exist when the prepositus dies.

If thereare several, but of differentdegrees,howdo you determinewhogetswhat? Tolentino: Selection is made on preferential basis, not integral and indiscriminate, as Scaevola believed. Apply the rules on intestate succession (direct over collateral). Another rule of intestacy that applies is representation of nephews or nieces of brothers/sisters [so the brothers/sisters do not exclude nieces/nephews].

Whatis the consequence? Gonzales: The reservista cannot choose, by will who the reservatarios will be. The law chooses for her.

Shouldthe reservatariobe relatedto the origin? A1 and A2 have a child, B1. B1 is married to B2, and have a child C. A1 donates property to C. B1 died, when C dies, it goes to B2. Thus, there is an RT here. When B2 dies, A2 survives and claims the property as reservataria (since she is related by 2nd degree to C, the prepositus). MANRESA she is a reservataria, she meets the purpose and requirements SANCHEZ ROMAN she is not, because you didnt return it to A1s line and A1s relatives. A2 is not related .

Again, the source of disagreement is a different in theories on nature and purpose of RT. RFB leans towards Manresas and Sanchez Romans view.

So whatis the majorityview? The reservatarios must be related by blood to the origin. This is not yet established by jurisprudence, but this is a good view point.

Whatis the natureof the right of the reservista?(Edroso) o 1. Right of ownership o 2. Subject to the resolutory condition that there will be reservatarios present upon the reservistas death o 3. The right is alienable, subject to the same resolutory condition 4. The right of ownership is registrable

Whatis the right of the reservatarios?(Sienes) o 1. Right of expectancy o 2. Subject to a suspensive condition, that there will be reservatarios present upon the reservistas death o 3. The right is alienable, subject to the same suspensive condition o 4. The right of expectancy is registrable o Dont thesetwo rightsof registrationconflict with eachother? No. Theres only one title. The right of the reservista is annotated as ownership; the right of the reservatario is annotated as an encumbrance.

Whatkindof propertycan be reserved? o Any type o Whatis the effectof substitution(e.g. the prepositussells the property)? No RT because it must be the very same property that goes through the two transmissions for RT to arise

Whatis the natureof the reservedpropertywhenthe reservistadies? o Its not part of his estate upon death. It passes by strict operation of law to the reservatarios.

Whatare the rightsand obligationsof the reservatariosand reservistas? o Reservista prepares inventory o Right of reservatarios to annotate in case the reservista alienates (within 90 days from acceptance by the reservista)

o Appraise the movables o Secure by means of mortgage o Registration is demandable Sumaya Whatare the causesfor extinguishmentof RT? o 1. Death of reservista (causes it to transfer) o 2. Death of all the reservatarios o 3. Renunciation by all the reservatarios, and none is born subsequently o 4. Total fortuitous loss of the property o 5. Merger or confusion of rights o 6. Prescription or adverse possession TESTAMENTARY SUCCESSION In general Whatis the natureof makingof a will? o It is a strictly personal act. It cannot be delegated. o The mechanical aspect is delegable but not the disposing power. o Whatcannotbe delegated? 1. Designation of heirs, legatees, devisees 2. Duration or efficacy of the designation 3. Determination of the portions they get

o Whatis the exceptionto nondelegation? The testator must determine: a) property or amount of money given, and b) the class or cause to be benefited. And then he may delegate to a third person: a) the designation of persons, institutions, establishments within the class or cause, or b) manner of distribution

Testamentary succession can never impair the legitime Whatis a will? o An act instrument whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate to take effect after his death

Whatare the two kindsof wills?

o Holographic and attested/notarial Whatare the threecommonrequisitesfor bothattestedand holographicwills (first two, textual; one is non-textual)? o 1. It must be in writing o 2. Executed in a language or dialect understood by the testator Is this rule mandatory? Definitely.

So can the will be translatedto the testator? No. It must be written in a language known to him. Do not confuse this with the attestation clause, which can be translated.

Mustthe will stateit waswrittenin a languageknownto the testator? No. It can be shown by extraneous evidence/evidence aliunde.

o 3. Testamentary capacity Whocan makea will? Natural person (juridical person cannot make a will)

Whoare the two classesof disqualifiedpersons? Those below 18 years old Those of unsound mind

Putting it positively, one must be a natural person 18 years old or above and of sound mind. Whatmustyou knowto establisha soundmind? 1. Character of estate 2. Proper objects of your bounty 3. Nature of the testamentary act

Is therea presumption? Yes, a rebuttable presumption of testamentary capacity Whenis thereno presumption? o 1. If the testator, 1 month or less before the making of the will, was publicly known to be of unsound mind

o 2. When the testator has been placed under guardianship for insanity Whatis the presumptionthen? o There is a presumption of insanity, not just a presumption of sanity. Again, this is rebuttable Wheremustthe testatorsign? o 1. He must sign the will o 2. Also every page at the left hand margin, except the last. o Howcan the testatorusuallysign? He writes his name

o Whatare the otherrecognizedways? Affixing thumbmark (Matias v. Salud) Is the thumbmarkfor the testatoralwaysa valid wayto signthe will? Yes. Under all circumstances, even if not infirm or ill.

Is a crossallowed(Garcia v. Lacuesta)? No, in general. THEEXCEPTION:If that is his usual way of signing.

o Thereare two waysof interpretingthe wordthe end,wherethe testatorssignatureshouldbe. Whatare these? 1. The physical end, where the writing stops 2. The logical end, if there are non-dispositive portions written in the will

o Mustthe signingalwaysbe at the left margin? No. It can be any margin. Whyis thereno requirementfor marginalsigningon the last page? Because it would be superfluous. He also signs at the end.

The testatormustsignin the presenceof the witnesses. The witnessesmustalsosignin the presenceof the testatorand of one another. Whatdoesthe law meanby in the presence? o Nera: The requirement of presence does not mandate that the person must actually see the other party signing; what is required is that he could have seen, by casting his eyes in the proper direction (without changing his physical position).

Oneof the optionsgivento the testatoris that he/shemayask someoneelse to signfor him, providedsome conditionsare present(1. Express direction; 2. In his presence) . o Shouldthe testatorbe physicallypreventedfromsigningor haveany particularreasonto get an agent? No.

o Whatshouldthe agentwrite? He must write the testators name It must be in the agents own handwriting

o Mustthe agentwrite his ownname? It is not required.

Mustthe attestationclausebe signed? o Yes. o By whom? The witnesses.

o Whataboutthe testator? No. The attestation clause is purely an affair of the witnesses.

o Whereshouldthe witnessessignthe attestation? At the end of the attestation clause. Cantheysignat the marginor elsewhere(beside)? No. The attestation clause is deemed unsigned.

o Whatmustthe attestationclausestate? 1. Number of pages of the will 2. Fact that the testator signed the will and all the pages thereof, or caused some other person to write his name under his express direction, and in the presence of the instrumental witnesses 3. That the witnesses signed the will and all the pages thereof in the presence of the testator and of one another

Mustthe attestedwill bear a date? o No.

o Why? The certification in the acknowledgement will be dated anyway.

o Whocertifies? The notary public as required by the notarial law.

o Viz: shoulda holographicwill be dated? Yes.

Whatif the notarypublicactedoutsidehis notarial jurisdiction? o It is void and tantamount to not being notarized.

If the will wasnotarizedby one of the witnesses,whowasalsoa notarypublic, will this makethe will void? o No, if there are three other witnesses apart from the notary. o If thereare less thanthreewitnessesincludinghim? The will is void. There is a failure to meet the required number of witnesses.

o But can a notarypublicbe a witness? Definitely. But the notary public cannot be counted as a witness, and the witness cannot be the notary public too. For the latter, you are undermining the notary publics impartiality.

Whatis the requirementif the testatoris blind? o Two readings by the notary public and by one of the attesting witnesses. o Is this mandatory? Yes. Non compliance makes the will void. Shouldthis mandatorynatureextendto illiteratedeaf mutes? Yes. Of course, the two persons need not be the notary and one witness; it can be whoever can practicably communicate the wills contents to him

o Mustthe will or attestationclausementioncompliancewith this mandatoryrequirement? No. It can be established by extrinsic evidence.

o Garcia: The lawyerwhoassistedthe testatorreadthe will. It wasreadonly once. Thelawyer, however,readit aloudin the presenceof the attestingwitnessesandthe notarypublic, whohad their owncopiesof the will. The testatorwasalso listening. Art. 808 washencenot compliedwith. But is this valid?

This is valid, because there was substantial compliance. The intent of the law was achieved to prevent fraud upon the testator.

o Alvarado: Invalid because it was done by the lawyer who drafted the will who read it aloud, so it wasnt even one of the two parties enumerated. And he read it out loud only once. Art 809 is the provision on substantial compliance with respect to the attestation clause, which needs three things (# of pages, fact that the testator signed at the end in the presence of the witnesses, and that the witnesses did the same in the presence of the testator and of one another). Howstrict mustthis be in light of Art. 809? o In the code itself, there is no clear rule about how liberal interpretation could be. o Caneda: defect was failure to state that the witnesses signed in the presence of the testator and of one another. HELD: This was a fatal defect. Adopting JBL Reyess suggested standard, it could not be remedied by visually examining the will. o Azuela: Deficiency was failure of the clause to state the number of pages, which was left blank. HELD: valid omission, because it can be supplied by a visual examination of the will. Requirementsof a Holographicwill? o Completely written, dated, and signed by the testator o Roxas v. de Jesus: Feb/61 was held as a sufficient date this is a problematic decision. Fortunately, there was no other will also made in Feb/61, which could have possibly repealed it. In a very liberal decision, it was upheld. o Whereshouldthe date be? There was no mention where it should be. It could be in the body.

o Canyou signby a thumbmark,as in an attestedwill? Seems unlikely. It must be written by the hand not a thumbmark. Though there is no jurisprudence on this.

813-4 dispositionsafter the signature o Some commentators say that this implies that the signature must be at the bottom of the holographic will. o If there is only one additional disposition, it must be written and signed by the testator. o If thereare several, whatis the rule? 1. Dated and signed

2. Or each additional disposition may be signed, provided the last one is dated and signed

Whatis requiredfor insertions,cancellations,erasures,or alterationsin holographicwills? o It must be authenticated by the testator through his signature o Kalaw v. Relova: Cancellation of the name of the original heir and writing above it of the name of another heir invalid because it was not validated, because it was not signed. o But the court weirdly held that the cancellation was valid! But it was not signed. This is an odd decision, because it had an internal contradiction.

Are joint wills allowed? o No. o But for aliens, if they execute their will abroad and their national law allows it, then its valid. o If aliens execute it locally, there are two views: its either valid because national law allows it, or it is void due to public policy. o If a Filipino and alien execute a joint will, its always void as to the Filipino.

Whatare the requisitesto becomea witnessto a will executedin 805? o 1. Of sound mind o 2. At least 18 years old o 3. Not blind, deaf, dumb o 4. Able to read and write o 5. Domiciled in the Philippines o 6. Not convicted for falsification of document, perjury, or false testimony o Whatdo thesequalificationsestablish? Competence only, but not credibility per se

o Whenis competenceof the witnessesneeded? During attestation only. If they become incompetent after, it has no effect.

Whenis a witnessto a will disqualifiedto succeed? o When he is a witness to a will where something is given to him, his spouse, parent, or child o Whatis the effect?

The will is valid but the witness cant succeed to the will

o Howmanywitnessesare neededfor this provisionto apply? Only three witnesses. If there are at least three other competent witnesses, there is no disqualification

o Whatkindof successionis affected? Only the testamentary dispositions, but not legitime or intestate share because this is not affected by the witnessing (i.e. if the witness is a son of the testator)

Codicilsandincorporationby reference(825 and 827) o Article 825 defines a codicil. This is exam material. It assumes the existence of a prior will. You cannot have a codicil without a prior will. It can explain or alter the prior will. o Sometimes its hard to determine whether it is a codicil or a second will. If it makes an independent disposition, it is a second will. If it alters, modifies, changes, it is a codicil.

o But honestly, this distinction is academic, because the requirements of a codicil and a will are just the same. o 827 An incorporateddocument. It is attached to a will and is intended to explain. It cannot make a testamentary disposition because otherwise, it has to comply with the requisites and form of a will. Requisites? 1. It must predate the will 2. It must be signed on every page by the testator and witnesses, except if it is voluminous 3. It must be clearly referred to in the will 4. It must be referred to in probate as that document

So sinceit requireswitnesses,can you not havean incorporateddocumentwith holographicwills? Some say you cannot because there are no witnesses. RFB says that you must interpret it liberally, and since there are no witnesses, then it just means its just the testator that signs.

Two modes of testamentary succession: o 1. Institution of an heir

o 2. Institution of devisee or legatee Whatis the permissibleformof institutinga successor,whetherheir, devisee,or legatee? o Only thing required is that the identity of the successor is adequately determined in the will. No need to mention by name, as long as the successors identity is determinable. I institutemy brothersand sistersto of the shareof my estate. Whatdoesthis mean? o Siblings, whether legitimate, illegitimate, or half, inherit in equal shares. o This is different from intestacy, where whole, half, and illegitimate siblings inherit in 2:1:0 ratio. (You cannot inherit from your illegitimate sibiling) Whatis the rule on statementof false causeson a will? o In general, it is deemed not written. o Exception requisites : 1. Cause must be false 2. It must be shown to be false 3. It must appear on the face of the will that the testator would not have made the institution had he known of the falsity of the cause

If heirsare givendifferentfractionseach,and the total is less thanthe free portion,whathappens?(852/3) o The rest of the free portion goes into intestacy. o But whatif it is shownthat the testatorintendedto disposethe entirefree portion? If the disposition is less than the portion, you increase proportionately. If more, you decrease proportionately.

924-959 Legacies and devises Some provisions are inaccurate. It is the estate that is liable for legacies and devises, not compulsory heirs as 925 says. You cannot charge the compulsory heir for the legacies and devises. Exception: indirect legacy Whatis the liability of two or moreheirs whotakepossessionof the estate? o Solidarily liable for loss or destruction of the thing devised or bequeathed, even if only one is negligent Whois liablefor eviction? o In general, the estate o For subsidiary legacy or devise the heir, legatee, or devisee charged

929-937 outline: TYPE OF

DISPOSITION

CIRCUMSTANCES Giving a thing in legacy or devise He gives more than he owns

EFFECT Decedent just gives what his interest covers The estate will attempt to acquire it. Failing to do so, it gives the monetary equivalent. He gives just that The estate will attempt to acquire it. Failing to do so, it gives the monetary equivalent. Void disposition, except if subsequent to the disposition, the testator acquired the thing gratuitously or onerously Implied order to acquire

Generalrule

Legacyor devise of something belongingto another

He gives less than he owns He can give an order to acquire it

Testator thought he owned the thing

Thingalready belongsto the devisee/legatee (D/L)

He knew he did not own it, but did not give an order to acquire If it already belongs to the devisee/legatee

Testator thought he owned the thing, and then the D/L acquired the thing Testator knew it did not belong to him, and then the D/L acquired it onerously Testator knew it did not belong to him, and then the D/L acquired it onerously Testator owned it when he made the will, but the

Void disposition. Subsequent alienation by the D/L does not validate it, unless it was in favor of the testator. Void disposition; the testator was still in error

The estate pays the value

There is nothing left to be done

Void disposition (because any subsequent

D/L acquired the thing from him after In general D/L directingthe estateto remove encumbrancefrom anothersproperty Pledge/mortgage Any other kind of encumbrance like easement Legacyof credit or Giving to the legatee the debt remission owed to the testator by another person If the testator sues that other person

disposition, even to the D/L himself nullifies the disposition) The estate pays for it

The estate pays for it first Passes with the things

Effective as to the remaining debt owned upon the testator when he dies Ipso facto revokes the legacy. Mere filing in court already revokes the disposition; however, extrajudicial demand does not revoke the disposition. Covers debts existing when the disposition was made. Ex. X owedY 2 debtsin 1999. Y, in his will, gave Z the debtsX owedY. X owedY 3 moredebtsin 2001. Y died. Whatdebts transfer? Just the 2 existing when the will was made.

Generic disposition of debts

Whatis the treatmentof a legacy/deviseto a creditor? o It will be treated like any other legacy or devise and will not be imputed to the debt. o Whatis the exception? Imputed to the debt if the testator provides so. If the debt exceeds the legacy/devise, the remainder may be demanded as an obligation of the estate

Whenare therealternativelegaciesor devises?

o It exists if one provides that among several things mentioned only one is given. o Whohas right of choice? 1. In general, the estate, acting through the E/A 2. In a subsidiary legacy or devise, the heir, legatee, or devise charged If he dies, his heirs choose

3. If so provided, the legatee or devisee

o Whatis the natureof the choice? Irrevocable

Whatis the rule on validityof genericlegacies/devises? o 1. Generic legacy valid even if no such movables exist in the testators estate upon his death (estate just acquires it) o 2. Generic devise valid only if there exists such an immovable in his estate upon death o Whochooses? The executor or administrator Except if the choice is expressly given to someone else

o Whatis the limitation? Neither superior nor inferior in quality

o Whatis the natureof the choice? Irrevocable

Legacyof education,support,or periodicalpension: o A. Education Lasts until age of majority or completion of the course, whichever comes later Amount as fixed by the testator; secondarily, that which is proper, depending on social standing or value of disposable portion of the estate

o B. Support Lasts until the legatees lifetime, unless the testator provides otherwise Amount as fixed by the testator; secondarily, that which the testator used to give when he was alive unless disproportionate to the estate value; tertiarily, social standing or value of the disposable portion of the estate

o C. Legacy of a periodical pension Demandable upon the testators death, and succeeding ones at the beginning of the period without duty to reimburse should the legatee die before the lapse of the period

Whatis the orderin 950 for reduction?(i.e. whatis the orderof paymentof legacies/devisesif thereis not enough) o 1. Remuneratory o 2. Preferred o 3. Legacy for support o 4. Education o 5. Specific thing o 6. All other, pro rata

Whatis the rule in 911? o 1. Reduce pro rata non-preferred legacies and devises o 2. Reduce pro rata preferred legacies and devises

Whendo you use which? o If the reason for reduction is impairment of legitimes, use Rule in 911 ( non-preferred, then preferred). o If the reason for reduction is something else, use Rule 950. o Whatotherreasonscouldexist? A testator has no compulsory heirs, but he gave away too many legacies and devises, by sheer mathematical necessity. Rule 950 is followed. Or maybe the testator already covered for the compulsory heirs legitimes through donations inter vivos, so the remaining parts are all free portion.

Whatis the rule on acceptanceandrepudiationof legaciesand devises? o Acceptance may be total or partial o Except: if the legacy/devise is partly onerous and partly gratuitous, the recipient cannot accept the gratuitous part and renounce the onerous part Other combinations are allowed

In caseof repudiationor incapacityof the legatee/devisee,whatare the applicablerules(in order)?

o 1. Substitution o 2. Accretion o 3. Intestacy Whenis a legacyor devisewithouteffect? o 1. Transformation Converted the thing

o 2. Alienation Either onerous or gratuitous, and even if the thing reverts to the testator Exceptions? 1. Reversion was caused by annulment of alienation because there was vitiated consent 2. Reversion due to redemption in a pacto de retro sale

o 3. Total loss before the testators death Rules common to heirs, legatees, and devisees Capacityto succeed: o In fact, the basic rules are common to all kinds of succession (Alive + qualified to succeed at the time succession opens. There is no exception here.) Art 1025 The heir, legatee, or devisee must be living when the testator dies. There is NO exception, contrary to what this provision suggests. o Representation is not an exception because the representative must at least be conceived already. o For juridical persons, it must exist juridically when the testator dies. 1027 First 5 paragraphs are important because they enumerate instances where one is incapacitated to succeed in testamentary succession. It does not apply to other kinds of succession. o 1. Priest who heard confession of testator during last illness or minister of gospel extending spiritual aid in this period. Requisites: A. Will executed during last illness B. Spiritual ministration extended during last illness C. Will executed during or after the spiritual ministration

o 2. Relatives of priest/minister within 4th degree or his institution o 3. Guardian, from ward before final accounts of guardianship approved Except if guardian is A/D/sibling/spouse

o 4. Attesting witness to the execution of a will, spouse, parents, children, or anyone claiming under that witness, spouse, parent, or children Put in the exception, where there are three other competent witnesses to the will, under here too

o 5. Physician or health officer who took care of the testator during last illness 1028 only applies to testamentary succession: extend to prohibited donations in 739 Whatif the dispositionis for prayersandpiousworksfor the benefit of his soul and no specificationsare given? o to the church/denomination of testator o to the State 1032 disqualifications (unworthiness) these are general ; these bar the DQ heir from compulsory, testamentary, or intestate succession

Substitutions (857-870) For whatkindof successiondoesthis apply? o Only testamentary succession. You cannot have substitution in compulsory and intestate succession. Whatare the two kindsof substitutions? o 1. Vulgar o 2. Fideicomissary o The code seems to enumerate two more: 1. Reciprocal 2. Compendious (Several heirs one substitute)

but these actually are just variations. They go into mode.

Whatis substitutionvulgar? o Instituting an heir in default of the one instituted Predecease, incapacity, renouncement

o Howdo you makeit? Enumerate all the three causes

o Canyou restrict vulgarto 1 or 2 grounds? Yes. Just specify.

Whatare the requisitesfor fideicomissary? o 1. First heir takes the inheritance o 2. Second heir takes the thing after tenure of the first heir o 3. The second heir must be one degree from the first heir Whatdoesfirst degreemean? It refers to relationship.

o 4. The first heir must have absolute obligation to preserve and transmit o 5. Both heirs are alive and capacitated at the death of the testator Whatis the tenureof the first heir? o What is specified by the testator o If not specified, it is the lifetime of the testator Doesthe first heir havea right to alienate? o NO. This rule is unlike the reserva troncal. Conditions, terms, modes These all burdens in succession, especially since the testator has free disposal of his property. Whatare the typesof conditions? o Suspensive o Resolutory Whatare the specialruleson suspensiveconditions? o An impossible condition (873) considered not imposed. The disposition is valid and becomes pure. o Whataboutconditionnot to contractfirst marriage? ALWAYS considered not written

o Whataboutsubsequentmarriages?

Generally void, unless imposed by the deceased spouse or the latters ascendants/descendants

o BUT what is allowed is to impose a usufruct or some personal prestation as long as one remains unmarried or a widow is valid. o A dispositionon conditionthat the heir/legatee/deviseemustalso in turn makea dispositionin favorof the testatoror anotherperson? The entire disposition is void. Take note of this. The purpose is to prevent the whole system from being corrupt. This is also called the disposition captatoria

Whendoesa suspensiveconditiontakeeffect? o If both conditions exist: 1) the heir is alive when the testator dies, 2) the heir is alive when the condition happens

Whathappenswhilewaitingfor the suspensiveconditionto happen? o Place the property under administration of executor/administrator

Whatis the differencebetweena termand condition? o A term is certain, a condition is not.

Whatare the two typesof terms? o Suspensive term o Resolutory term

Whendoesan institutionbasedon a termvest? o A disposition with a term vests upon the death of the testator, unlike a conditional disposition (esp. suspensive) which only vests upon the happening of the condition. Since a term is certain to happen, it follows the general rule in 777 that it vests upon death. So mustthe heir be alive whenthe termarrives? No. Just when the testator dies. So he can transfer his vested right upon his own successors.

Whatdo you do as youwait for a suspensivetermto arrive? o Governed by 885. While you wait for the term to arrive, you give it to the legal heirs (intestate heirs).

For resolutoryterms?

o After the testators death, you give it to the instituted heirs, and when the term arrives, they turn it over to the legal heirs. A condition suspends, but not obligates. A term obligates, but does not suspend. A term does not delay the efficacy of the disposition, but it places an obligation upon the instituted heir (even suspensive, since the instituted heirs have an obligation to turn the property over to the instituted heir when the term arrives). Whatis a mode? o You have to do something alongside the disposition. Whatif the heir fails or refusesto performthe act required? o The beneficiary can ask for the performance of the obligation. o The legal heirs can ask for the forfeiture of the disposition. Howmusta modebe stated? o It must be a clear command, not just a request. Whenis a caucionmuciananeeded? o 1. In a potestative suspensive condition (879) It is under the sole control of the heir (ex. I give X my house and lot, as long as he doesnt use it as a drug den. In order to guarantee that the legal heirs, who will then be entitled to the property upon violation of the condition, then X has to put up a bond the caucion muciana).

o 2. Resolutory term, before the term arrives The legal heirs have the right to enjoin disposition of the property, but they have to put up a caucion muciana

o 3. In case of a mode (882) As security for compliance with the testators wishes

Accretion (1015-23) To whichkindsof successiondoesit apply? o Applies only to testamentary and intestate succession. Requisites? o 1. Two or more heirs, legatees, devisees, called to the same inheritance or portion thereof pro indiviso Whatdoesproindivisoheremean?

Some commentators say they must have equal shares (like Tolentino), but this is wrong. Theres no requirement of equality, just as long as they have aliquot shares. This means even the shares can be unequal. There is no accretion is the shares are earmarked.

o 2. One or more must predecease the testator, become incapacitated, or renounce the inheritance. X giveshis BPI accountto A, Citibankaccountto B, PNBto C. C predeceases. Is thereaccretion? o No. The shares are earmarked. X gives of his estateto A, 1/3 to B, 1/6 to C. C predeceases. Is thereaccretion? o Yes, because they got aliquot shares. A and B receive Cs shares according to the proportion they received their shares. In testamentarydisposition,whatwinsout, accretionor substitution? o Substitution In intestatedisposition,whatwinsout, accretionor representation? o Representation, when proper o So if the intestate decedent has three brothers (X, Y, and Z) and X has X1 and X2, if X dies, representation applies. If X has no children and X dies, accretion applies. Revocation of wills (828-834) There is no such thing as an irrevocable will. It only becomes irrevocable when the testator dies. Whatare the threewaysof revokinga will, whethertotal or partial? o 1. By operation of law Legal separation (offending party is instituted as a beneficiary in a will) Preterition Where the testator disposes property that is given as legacy or devise in a will (the legacy/devise is revoked)

o 2. Subsequent will/codicil 1. The will must comply with the requirements of wills 2. Testamentary capacity 3. Either an express revocatory clause or incompatibility in the dispositions

4. The will must be admitted to probate

o 3. Physical destruction Either by the testator personally or in the case of attested wills, it can be done by his agent acting under his express direction and in his presence Molo: There must be both a) corpus (actual destruction), and b) animus (intent)

Whatif a will is revokedbasedon a falsecause? o The revocation is null and void. o Whatare the requisitesfor this situationto apply? 1. Cause must be concrete, factual, and not purely subjective 2. It must be false 3. The testator must not know of its falsity 4. It must appear in the will that the testator is revoking because of the cause which is false

Whatif the revocationwasunauthorized? o If it is an attested will, it can be proved, if there are people available who can attest to the contents of the will o If it is a holographic will, too bad if no copies survive. Theres no way of probating it.

Republication and revival 835 and 836 are inconsistent with each other. Republication/revival is giving efficacy to a will which somehow lost its efficacy o Ex. it has been revoked, and now you want to revive it. If it is defectiveas to form? o You have to reproduce it in the form of a valid will or codicil. o You cannot revive it by reference. Whatif it is inoperativeby someotherreasonotherthanform? o You can merely revive it by reference. Executors and administrators (1058-1060) Whatif the decedentdies with a will? Withno will?

o It has to be probated, and if the will has appointed someone to take care of the estate, then he becomes the executor. o If there is none appointed or no will, then the court appoints an administrator. Probate Twoaspectsof validityof a will? o Formal (Extrinsic validity) including capacity of witnesses

o Substantive (intrinsic validity) Ex. impairment of legitimes, preterition, capacity of heirs, legality or possibility of conditions

Whatis probate? o Mandatory proceeding to determine only the formal validity of the will o There is no substitute for probate. o Guevarra v. Guevarra, Seangio v. Reyes, Heirs of Lasam: All lay down the rule that probate is mandatory.

Probate is determinative or conclusive of the validity and due execution of the will. Howdoesit becomefinal? o Just like any decision of court. o Once it becomes final, it becomes res judicata it becomes unassailable as to matters of form of the will. o Even if the decision is wrong.

Whatcannotbe assailedafter finalityof probatedecree? o 1. Testamentary capacity o 2. That he acted freely o 3. Followed all the requirements of the will, as to witnesses, etc. o 4. It is genuine and not forged

For probateof holographicwills, whatmustone remember? o 1. You have to present the will itself (Gan v. Yap) Except there is a photocopy that survives (Rodella v. Aranza)

o 2. If the holographic will is contested as probate, three witnesses who can identify the will and attest to its validity must be presented. Is this mandatory? The leading case of Azaola says that it is only directory Godoy: Says that it is mandatory, although it is criticized

Whenis it deemedcontested? If it is challenged as a forgery. If it is admitted as genuine but admitted on other grounds such as mistake, fraud, or duress, it is not a contest under 811 and you do not need three witnesses.

Conflicts rules Substantivevalidity? o Time law as of time of death o Place law of citizenship of decedent Formalvalidity? o There are always five choices: o 1. Law of citizenship o 2. Philippine law o 3. Law of residence o 4. Law of place of execution o 5. Law of domicile INTESTATE SUCCESSION In general Whatis intestatesuccession? o Takes place by operation of law in default of a valid will Lookat the instancesin 960 wheretotal or partial intestacyoccur: o 1. No will, void will, or ineffectual will o 2. Does not dispose of all property (partial intestacy) o 3. Suspensive condition did not occur, predecease, repudiation And there is no substitution (testate)

And there is no accretion (testate/intestate)

o 4. Heir is incapacitated/unworthy o 5. Resolutory condition happens o 6. Resolutory term expires o 7. Preterition Whatare the principlesof intestacy? o Exclusion and concurrence, just like compulsory succession Whatis the rule of relationship? o The intestate heir must be related to the decedent o Jus familiae (ascendant/descendant) o Jus sanguinis (collaterals up to fifth degree) o Jus xxx (husband and wife) o Jus imperii (decedent and State) Jus familiaeand sanguinisrequiresbloodrelationship. Whatis the exception? o Legally adopted children and legally adoptive parent Whatare the limits? o Going down, there is no limit o Going up, there is no limit o Collateral line, the limit is up to the fifth degree Howdo you countdegrees? o For direct line, count degrees o For collaterals, count up to the nearest ancestor 2nd brothers, sisters 3rd nephews, nieces, uncles, aunts And so on

Rule of preferenceof lines? o Direct excludes collaterals o As a general rule, descending excludes ascending

Except: legitimate ascendants not excluded by illegitimate descendants

o Is thererepresentationin the directline? Yes, only in the descending

o Collateral nearer excludes more remote o Is thererepresentationif the collateralline? Nephews and nieces exclude predeceased or unworthy brothers/sisters of decedent

Whatis the natureof the spouse? o Concurs with both direct and collateral (up to third degree)

Whatis the rule of proximityof degree? o Nearer exclude the more remote o Whatis the exception? Representation (see above direct descending and nephews/nieces only for collateral)

Whatis rule of equalityof relativesof the samedegree? o Relatives of equal degree inherit equally o Exceptions? 1. Preference of lines ex. legitimate direct descendant of 1 degree excludes legitimate direct ascendant of 1 degree

2. In collateral relationships, full blood and half-blood distinction Siblings Nephews and nieces

3. Representation

See the combinations in the book. Canthe adoptedsucceedto his biologicalparents? o This is the same problem as in compulsory succession so see the discussion above . o But for the purposes of the Bar, the answer is yes, because the provision in the FC pertaining to succession by adoptee from biological parents is within the coverage.

Combinations2 and 4 in the bookare dangerous,so take notethat here(childrenand illegitimatechildren) eachlegitimatechild getsdoublewhatthe illegitimatechildrenwill get. Whatis the usualpitfall? o If you observe the 2:1 ratio intestacy, remember that you still have the legitimes. You might end up impairing the legitime of the legitimate children, which cannot be impaired. The illegitimate children can suffer impairment if there are a lot of them, but never the legitimate children. o This problem doesnt apply in any other instance apart from these two cases.

Whatis the successionalbar? o Art. 992. An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child. o Compare: In representation, an IC cannot represent his legitimate parent, IC can represent IP, and LC can represent either LP or IP. Here, in inheritance, an IC cannot inherit per se from the legitimate relatives of his parents and vice versa.

Situationsto take note of: o In case of the concurrence of the SS and 1 LC, the SS will get , and the LC gets . o SS, brothers, sisters, nephews, nieces SS gets , brothers sisters nephews nieces get . According to the rules of division.

o Nephews and nieces concurring with aunts/uncles of the decedent nephews and nieces exclude the aunts/uncles even if they are in the same degree. Whatis the differencein rulesfor brothers/sistersin testateand intestatesuccession? o TESTACY: Difference in the rule of brothers and sisters if they are instituted indiscriminately, they receive equal shares whether full or half blood. o INTESTACY: Take note of the 2:1 ratio [for full and half blood] and the successional bar. Is partial intestacypossible? o Yes, there is a will but it doesnt dispose of the entire free portion. Givean exampleof the differencebetweentotal andpartial intestacy. o Full intestacy: Legitimes to LC, to SS

Thus, to LC, to SS (entire free portion went to the SS)

o Partial intestacy:Ex. I gave1/8 of my estateto Ateneo. Notethat the legitimesare to LC, to SS. to legitimate children, 1/8 to Ateneo, 3/8 to spouse Note: the entire remaining free portion of 1/8 went to the SS.

Acceptance and repudiation of the inheritance (1041-57) Acceptance and repudiation are always free acts. A person may always accept or reject, whether compulsory, testatamentary, intestate. Exception:accionpauliana o If there are creditors and the decedent does not have enough property to pay the creditors, the creditors can compel the heir to accept to the extent of the credit Whatis the differencein form? o Laxer rules in acceptance, and stricter rules in renunciation, because it is prejudicial There is need for judicial approval for renunciation of incapacitated person. For acceptance, no need.

o Acceptance there can be express acceptance in writing, oral, or there can be tacit acceptance (by doing nothing). o Renunciation you have to do it in writing or by judicial approval. Whatis the retroactivityrule? o Acceptance as if the property passed at the moment of death (Art 777) o Renunciation as if the renouncer never owned or possessed the property (the substitute, co-heir, or intestate heir receives it at the moment of death) o Conditional institutions retroactivity still applies even if the condition happens later Whatis the rule for publicofficial establishments? o Can neither accept nor repudiate an inheritance without the approval of the government Whenis theredeemedacceptance? o 1. Heir disposes onerously or gratuitously his right to one or more co-heirs or stranger o 2. Heir renounces it gratuitously to one or more co-heirs o 3. Heir renounces it onerously to all co-heirs indiscriminately Whatabouta gratuitousdispositionto all co-heirs indiscriminately? This is a true renunciation and thus there is no acceptance

Whatabouta gratuitousdispositionto all co-heirs but in differentportions? Still a conveyance and is thus tacit acceptance

Whatif an heir dies withouthaveacceptedor repudiatedthe inheritance? o The right passes on to his heirs

Whatif a renouncingpersonis both a testamentaryand interstateheir? o A. If he renounces the testamentary disposition he impliedly renounces the intestate share too o B. If he renounces as intestate heir without knowledge of being a testamentary heir, he can still accept the disposition o N.B. this doesnt affect compulsory succession

Whatis the natureof acceptance/renunciation? o Final, except: 1. Vitiated consent 2. Appearance of an unknown will

Collation and partition Whatis the effectupondeathof the decedent? o The immediate effect of death is the vesting of successional rights. But at this point, nobody knows what part of the estate goes to whom. o The heirs co-own the mass of properties. Whatare the threewaysby whichcollationis understood? o 1. Computation simple accounting process where value of donation inter vivos is added to the available assets o 2. Imputation donations inter vivos by decedent are charged either to the donees legitime or against the disposable portion o 3. Return donations inter vivos is found to be inofficious and the inofficious value is actually returned to the estate to satisfy legitimes N.B. if property is to be returned, following Art. 777, the fruits will pertain to the proper person (ex. entirely inofficious donation fruits go to compulsory heir; partially inofficious donation some to compulsory heir and some to donee) For return, whatexpensesmustbe reimbursedby the final recipient? Necessary expenses full extent

 Youhaveto collate: o 1. Inventory

Useful expenses full extent as long as improvement still exists

What results are his gross assets

o 2. Deduct debts This is where the Santibanez and Hemady doctrines come in. The estate, after all pays money debts, prior to the heirs receiving their shares. What results: available assets

o 3. Add the value of donations inter vivos Net hereditary estate results. Whatare not included? Support, education, medical attendance, customary gifts, etc. (since these are impractical to calculate) Whataboutexpensesfor professional,vocational,or othercareerexpensesof the child, as givenby the parents? o Charged against the free portion, unless: 1. Provided otherwise 2. Inofficious

o If imputable (the two above), deduct what the parents would have spent on the child had he stayed home and loafed Whatis the measureof the valueof the propertydonated? Value when the donation was made, since this was when it was perfected. Any subsequent increase inures to the benefit of the donee.

Whatif the recipientsof the donationsare the compulsoryheirs? You impute against their legitimes what they have received as donations inter vivos. Exceptions? o 1. Donor provides otherwise o 2. The donee renounces the inheritance, because he gives up the status as compulsory heir

Whatif the donationto the compulsoryheir exceedshis legitime? o The excess is taken out of the free portion

Whatif the recipientsof the donationsare strangers? You impute it against the free portion.

Whatif the free portioncan accommodateall thosedonations? You take it all out from there

Whatis the special rule for grandchildreninheritingby representation,concurrentlywith their uncles/auntsand othergrandchildren? Compute both: a) what their parents would have been obliged to collate and b) whatever they themselves are obliged to collate.

Doescollationmeanyou haveto physicallyobtainthe assets? o No. Collating means a purely mathematical computation.

If he diedwith a will and the free portioncannotaccommodateall the dispositions? o Reduce testamentary dispositions o First to be reduced are the non preferred testamentary dispositions

After reducingthemto zero, whatif the legitimesare still impaired? o Reduce the donations to strangers or donations to compulsory heirs considered strangers o Howdo you reduce? NOT pro rata but in reverse order. The latest donation gets reduced first.

o N.B. contrast this with legacies and devises, which are reduced pro rata (non-preferred, then preferred) Afterwards, the heirs can agree on a partition or go to settlement proceedings. Partition here is the physical division of the estate. Howis partitiondone? o 1. Extrajudicial agreement by the heirs or o 2. Judicial order in settlement proceedings Whatare the kindsof partition? o 1. Actual physical division of the thing

o 2. Constructive any act other than physical division that terminates the co-ownership (e.g. sale to third person) Whatare the characteristicsof partitionmadeby the decedenthimself? o 1. It only takes effect upon death o 2. It is revocable as long as he is still alive o Howcan the decedent/causantemakepartition? 1. Will 2. Act inter vivos Must be in writing and in public document It must be accompanied by a prior will because disposal of property mortis causa can only be done through a will N.B. unless the partition through act inter vivos conforms strictly to intestate succession portions, so it does not make a disposition

o Whatis partitionto keepan enterpriseintact? A parent can keep an enterprise intact by covering for his compulsory heirs legitimes through cash or other property

Whocan the decedentdesignateas a mandatary? o One who is not a co-heir can be chosen. He is designated to make the partition after death.

Whatis the natureof the right to demandpartition? o Generally, it is a mater of right, so any co-heir may demand partition at any time. o Exception: A. Partition forbidden by testator for period not exceeding 20 years Exceptionsto this exception: o 1. Any of the causes for dissolution of partnership o 2. Court finds compelling reasons for partition B. Co-heirs agree on indivision for period not exceeding 10 years, renewable for like periods

o Whataboutheirs uponwhomsomesuspensiveconditionhas beenimposed? Cannot demand partition since he has no rights yet.

But the other co-heirs can demand partition but must issue a security to protect the inchoate right of the conditional heir.

Whatif an heir sells his undividedshareprior to partitionto a stranger? o The other heirs may exercise right to redemption within one month from written notice of the sale and prior to partition. o N.B. some decisions say written notice is mandatory, while some say that it can be replaced by actual knowledge.

Effectsof partition: o 1. Absolute ownership over share o 2. Each co-heir warrants the share of the others Period: within 10 years from date of right to action Whatis the liability for co-warranty? Proportional liability of co-heirs If one of the obligors is insolvent, his portion are borne proportionally by all, including the one entitled to the warranty

o 3. Co-heirs warrant solvency of debtor of the estate whose credit is assigned to a coheir But they only warrant against insolvency during partition and not subsequent insolvency Period: 5 years from partition

o Whenis thereno mutualwarranty? 1. Partition by the testator himself, except when the legitime has been impaired 2. Agreement among co-heirs to suppress the warranty 3. Supervening events causing loss or diminution in value 4. Fault of the co-heir 5. Waiver

Whatare the causesto annulor rescinda partition? o Same as causes for voidable and rescissible contracts o N.B. the special provision on lesion in partition, however, provides that it must be at least rather than the usual more than value.

o Whenis the partitionnot subjectto rescissiondueto lesion? When it was the testator who made the partition himself, except: 1. Impairment of the legitime (even if the lesion was less than ) 2. Mistake by the testator or vitiation of his intent

o Whatare the optionsof the co-heir whois suedfor rescission? 1. Have a re-partition

2. Indemnify the co-heir the amount of lesion suffered