LEGACIES AND DEVISES Legatee- a person to whom a gift of personal property is given by virtue of will Devisee- a person to whom

whom a gift of real property is given by virtue of a will Legacy- a testamentary disposition by virtue of which a person is called by the testator to inherit an individual item of personal property Devise- a testamentary disposition by virtue of which a person is called by the testator to inherit an individual item of real property

Art. 924 All things and rights which are within the commerce of man ma !e !e"#eathed or de$ised. Art. 92% A testator ma charge with legacies and de$ises not onl com&#lsor heirs !#t also the legatees and de$ises. his

'he latter shall !e lia!le for the charge onl to the e(tent of the $al#e of the legac or the de$ise recei$ed ! them. 'he com&#lsor heirs shall not !e lia!le for the charge !e ond the amo#nt of the &ortion gi$en them. Art. 92) *hen the testator charges one of the heirs with a legac or de$ise+ he alone shall !e !o#nd. Sho#ld he not charge an one in &artic#lar+ all shall !e lia!le in the same &ro&ortion in which the ma inherit. The following may be expressly charged by the testator with the payment or delivery of a legacy or devise: 1) Any compulsory heir ) Any voluntary heir !) Any legatee or devisee ") The estate represented by the executor or administrator #f the will is silent with regard to the person who shall pay or deliver the devise or legacy$ it is clear that the obligation constitutes a charge or burden upon the estate of the testator

 #f there is an administration proceeding$ the obligation will be performed by the executor or administrator% #f there is none$ it will be performed by the heirs themselves #f the person who is charged with the obligation is a compulsory heir$ he cannot be held liable beyond the amount of the disposable portion given him& #f the person charged with the obligation is a voluntary heir$ legatee or devisee$ his liability shall extend to the entire share$ legacy or devise received by him 'hould the testator not charge anyone in particular$ all shall be liable in the same proportion in which they may inherit 'econd paragraph of article ( ) is applicable only when there is no administration proceeding for the settlement of the decedent*s estate

Art. 92, if two or more heirs ta-e &ossession of the estate+ the shall !e solidaril lia!le for the loss or destr#ction of a thing de$ised or !e"#eathed+ e$en tho#gh onl one of them sho#ld ha$e !een negligent. Art. 92. the heir who is !o#nd to deli$er the legac or de$ise shall !e lia!le in case of e$iction if the thing is indeterminate and is indicated onl ! its -ind. Article 1+", of the civil code shall apply- eviction shall ta-e place whenever by a final .udgment based on a right prior to the sale or an act imputable to the vendor$ the vendee is deprived of the whole or of part of the thing purchased& The vendor shall answer for the eviction even though nothing has been said in the contract on the sub.ect& The contracting parties may however$ increase$ diminish or suppress this legal obligation of the vendor& /eason: because when the thing is indeterminate the ac0uisition or choice shall depend upon him

Art. 929 If the testator + heir or legatee owns onl a &art of+ or an interest in the thing !e"#eathed+ the legac or de$ise shall !e #nderstood limited to s#ch &art or interest+ #nless the testator e(&ressl declares that he gi$es the thing in its entiret . The presumption is that the testator desires to be0ueath or devise only that which belongs to him% hence if he be0ueaths or devises a thing which belongs partly to him and partly to a third person$ the devise or legacy shall be

understood limited only to the part or interest belonging to him- same rule when the thing belongs partly to the heir$ devisee or legatee 12314T#56- when the testator expressly declares that he be0ueaths or devises the thing in its entirety& 7efore the exception can be applied$ there must be: 8a) an express declaration to that effect appearing in the will itself% 8b) -nowledge on the part of the testator that the thing belongs partly to a third person& 'uch -nowledge may be proved either from the context of the will itself or from extrinsic evidence #f the thing is physically capable of division$ the rules stated are still applicable& #f the thing is physically indivisible or inconvenient of division$ the rules applicable shall depend upon whether the thing is finally ad.udicated to the testator or to the other owner applying articles ( ( and (!9& #f the thing is ad.udicated to the testator$ there is no 0uestion that the same rules apply& #f what is be0ueathed or devised is that part which belonged to the testator before partition$ the legacy or devise subsists without any change& #f what is devised or be0ueathed is the entire property in accordance with the exception in ( ($ the whole property shall pass in its entirety to the devisee or legatee applying ( ( and (!9& :hen the thing is ad.udicated to the other owner$ the rules applicable shall depend upon whether or not the testator has expressly declared that he be0ueaths or devises the property in its entirety& #f he has not expressly declared that he be0ueaths or devises the thing in its entirety$ the legacy or devise shall be without effect applying 6o& of (+; #f he has expressly declared that he be0ueaths or devises the property in its entirety and the property subse0uently is ad.udicated to the other owner$ the legacy or devise shall be without effect only with respect to what had formerly belonged to him applying no& of (+;% but the other part is still effective applying ( ( and (!9& Art. 9/0 'he legac or de$ise of a thing !elonging to another &erson is $oid+ if the testator erroneo#sl !elie$ed that the thing &ertained to him. 1#t if the thing !e"#eathed+ tho#gh not !elonging to the testator when he made the will+ afterwards !ecomes his ! whate$er title+ the dis&osition shall ta-e effect.

Art. 9/2 If the testator orders that a thing !elonging to another !e ac"#ired in order that it !e gi$en to a legatee or de$isee+ the heir #&on whom the o!ligation is im&osed or the estate m#st ac"#ire it and gi$e the same to the legatee or de$isee3 !#t if the owner of the thing ref#ses to alienate the same+ or demands an e(cessi$e &rice therefor+ the heir or the estate shall onl !e o!liged to gi$e the 4#st $al#e of the thing. The all-important factor in the determination of the validity of a legacy or devise of a thing belonging to another is the -nowledge of the testator that the thing be0ueathed or devised belonged to another in at the time of the execution of the will& #f the testator erroneously believed that the thing belonged to him$ the legacy or devise is void& There is only one exception to this$ and that is when he subse0uently ac0uires the thing by whatever title& #f the testator -new the thing belonged to another$ the legacy or devise is valid because it is presumed that his intention is that such thing must be ac0uired for the benefit of the legatee or devisee& instances when the testator may be considered to have disposed of the thing with -nowledge that it belongs to another: 8valid) :here he subse0uently ac0uires the thing from the owner by whatever title :here he expressly orders in his will that the thing shall be ac0uired in order that it be given to the legatee or devisee& #f the owner of the thing refuses to alienate the same or demands an excessive price therefor$ the heir or the estate shall be obliged to give the .ust value of the thing& Art. 9/2 'he legac or de$ise of a thing which at the time of the e(ec#tion of the will alread !elonged to the legatee or de$isee shall !e ineffecti$e+ e$en tho#gh another &erson ma ha$e some interest therein. If the testator e(&ressl orders that the thing !e freed from s#ch interest or enc#m!rance+ the legac or de$ise shall !e $alid to that e(tent.

Art. 9// If the thing !e"#eathed !elonged to the legatee or de$isee at the time of the e(ec#tion of the will+ the legac or de$ise shall !e witho#t effect+ e$en tho#gh it ma ha$e !een s#!se"#entl alienated ! him. If the legatee or de$isee ac"#ires it grat#ito#sl after s#ch time+ he can claim nothing ! $irt#e of the legac or de$ise3 !#t if it has !een ac"#ired ! onero#s title he can demand reim!#rsement from the heir or the estate. Legacy or devise in favor of the person to whom the thing be0ueathed or devised belongs shall be ineffective& The rule applies even though the legatee or devisee who is supposed to be favored may have subse0uently alienated the thing& 7ut if another person has an interest in thing and the testator expressly orders that the thing be freed from such interest or encumbrance$ the legacy or devise shall be valid to that extent& #f the thing belonged to a third person at the time of the execution of the will: #f the testator erroneously believed that the thing pertained to him- legacy or devise is void% subse0uent ac0uisition of the thing by the legatee or devisee favored cannot have any effect upon such legacy or devise 7ut if he had -nowledge that the thing belonged to a ! rd person$ (!! par& shall apply #f the thing belonged to the testator at the time of the execution of the will: #f the thing is alienated by the testator to a ! rd person$ the devise or legacy is revo-ed% subse0uent ac0uisition by the legatee or devisee cannot revive the legacy or devise #f the thing is alienated in favor of the legatee or devisee himself$ there is no revocation% there is in fact a clear intention to comply with the devise or legacy if it is gratuitous% if onerous$ par& or (!! shall apply #f the thing belonged to the beneficiary at the time of the execution of the will: 4ar& of (!! shall not apply

This is what is contemplated by the first par& 5f (!!

Art. 9/4 If the testator sho#ld !e"#eath or de$ise something &ledged or mortgaged to sec#re a reco$era!le de!t !efore the e(ec#tion of the will+ the estate is o!liged to &a the de!t+ #nless the contrar intention a&&ears. 'he same r#le a&&lies when the thing is &ledged or mortgaged after the e(ec#tion of the will. An other charge+ &er&et#al or tem&orar + with which the thing !e"#eathed is !#rdened+ &asses with it to the legatee or de$isee.

Art. 9/% 'he legac of a credit against a third &erson or of the remission or release of a de!t of the legatee shall !e effecti$e onl as regards that &art of the credit or de!t e(isting at the time of the death of the testator. In the first case+ the estate shall com&l with the legac ! assigning to the legatee all rights of action it ma ha$e against the de!tor. In the second case+ ! gi$ing the legatee an ac"#ittance+ sho#ld he re"#est one. In !oth cases+ the legac shall com&rise all interests on the credit or de!t which ma !e d#e the testator at the time of his death.

Art.9/) 'he legac referred to in the &receding article shall la&se if the testator+ after ha$ing made it+ sho#ld !ring an action against the de!tor for the &a ment of his de!t+ e$en if s#ch &a ment sho#ld not ha$e !een effected at the time of his death. 'he legac to the de!tor of the thing &ledged ! discharge onl the right of &ledge. him is #nderstood to

Art. 9/) a generic legac of release or remission of de!ts com&rises those e(isting at the time of the e(ec#tion of the will+ !#t not s#!se"#ent ones. 4arties to a legacy of credit: Testator-creditor$ legatee$ and debtor #n this type of legacy$ there is a novation of the credit by subrogating the legatee in the rights of the original creditor Legacy of remission of debts 8-inds)

 'pecific legacy for the remission of a definite debt- (!+ <eneric legacy for the remission of all debts of the legatee existing at the time of the execution of the will-(!; Legacy to the debtor of the thing pledged by him-(!)$ par :hether the legacy is specific or generic$ the rule that the legacy shall comprise only what is due the testator at the time of his death shall apply& The legacy shall be considered revo-ed if the testator$ after having made it$ shall bring an action against the debtor for the payment of his debt- this must be construed to mean a .udicial action% an extra.udicial demand shall not be sufficient to revo-e the legacy&

Art 9/.. A legac or de$ise made to a creditor shall not !e a&&lied to his credit+ #nless the testator so e(&ressl declares. In the latter case+ the creditor shall ha$e the right to collect the e(cess+ if an + of the credit or of the legac or de$ise.

Art. 9/9 If the testator orders the &a ment of what he !elie$es he owes !#t does not in fact owe+ he dis&osition shall !e considered as not written. If as regards a s&ecified de!t more than the amo#nt thereof is ordered &aid+ the e(cess is not d#e #nless a contrar intention a&&ears. 'he foregoing &ro$isions are witho#t &re4#dice to the f#lfillment of nat#ral o!ligations. The </ is that a legacy or devise made to a creditor shall not be applied to his credit& 1xception: when the testator expressly declares otherwise& #f the testator expressly declares that the legacy or devise shall be applied to the credit$ the creditor shall have the right to collect the excess$ if any$ of the credit or of the legacy or devise&

Art. 940 in alternati$e legacies or de$ises+ the choice is &res#med to !e left to the heir #&on whom the o!ligation to gi$e the legac or de$ise ma !e im&osed+ or the e(ec#tor or administrator of the estate if no &artic#lar heir is so o!liged.

If the heir+ legatee or de$isee who ma ha$e !een gi$en the choice+ dies !efore ma-ing it+ this right shall &ass to the res&ecti$e heirs. 5nce made+ the choice is irre$oca!le. In alternati$e legacies or de$ises+ e(ce&t as herein &ro$ided+ the &ro$isions of this Code reg#lating o!ligations of the same -ind shall !e o!ser$ed+ sa$e s#ch modifications as ma a&&ear from the intention e(&ressed ! the testator.

Alternative devises or legacies- those where the testator be0ueaths or devises or more things but which can be complied with by the delivery of only one of them to the beneficiary The most peculiar feature of this -ind of legacy or devise is that a choice will have to be made upon the death of the testator before it can be complied with The testator may designate any one of the heirs$ legatees or devisees or even the beneficiary himself to ma-e the choice #f no particular person is designated to ma-e the choice$ the executor or administrator of the estate shall ma-e the choice

Art. 942 A legac of a generic &ersonal &ro&ert shall !e $alid e$en if there !e no things of the same -ind in the estate. A de$ise of indeterminate real &ro&ert immo$a!le &ro&ert of its -ind in the estate. shall !e $alid onl if there !e

'he right of choice shall !elong to the e(ec#tor or administrator who shall com&l with the legac ! the deli$er of a thing which is neither of inferior nor of s#&erior "#alit .

Art. 942 whene$er the testator e(&ressl lea$es the right of choice to the heir+ or to the legatee or de$isee+ the former ma gi$e or the latter ma choose whiche$er he ma &refer.

Art. 94/ if the heir+ legatee or de$isee cannot ma-e the choice+ in case it has !een granted him+ his right shall &ass to his heirs3 !#t a choice once made shall !e irre$oca!le.

<eneric legacy- legacy consisting of personal property designated merely by its class or genus <eneric devise- a devise consisting of real property designated merely by its class or genus =alid only if there be immovable property of its -ind in the estate :hy> 7ecause unli-e personal property$ there is no such thing as a predetermined species with respect to real or immovable property$ since its individuali?ation depends upon the will of man&

Art. 944 A legac for ed#cation lasts #ntil the legatee is of age+ or !e ond the age of ma4orit in order that the legatee ma finish some &rofessional+ $ocational or general co#rse+ &ro$ided he &#rs#es his co#rse diligentl . A legac for s#&&ort lasts d#ring the lifetime of the legatee+ if the testator has not otherwise &ro$ided. If the testator has not fi(ed the amo#nt of s#ch legacies+ it shall !e fi(ed in accordance with the social standing and the circ#mstances of the legatee and the $al#e of the estate. If the testator d#ring his lifetime #sed to gi$e the legatee a certain s#m of mone or other things ! wa of s#&&ort+ the same amo#nt shall !e deemed !e"#eathed+ #nless it !e mar-edl dis&ro&ortionate to the $al#e of the estate. The only limitation is that it must not impair the legitime

Art. 94% if a &eriodical &ension or a certain ann#al+ monthl or wee-l amo#nt is !e"#eathed+ the legatee ma &etition the co#rt for the first installment #&on the death of the testator and for the following ones which shall !e d#e at the !eginning of each &eriod3 s#ch &a ment shall not !e ret#rned+ e$en tho#gh the legatee sho#ld die !efore the e(&iration of the &eriod which has commenced.

Art.94) if the thing !e"#eathed sho#ld !e s#!4ect to a #s#fr#ct+ the legatee or de$isee shall res&ect s#ch right #ntil it is legall e(ting#ished.

Art. 94, 'he legatee or de$isee ac"#ires a right to the &#re and sim&le legacies or de$ises from the death of the testator and transmits it to his heirs.

#n case of a suspensive term$ rights of the legatee or devisee are transmitted from the moment of the death of the testator& #n case of a suspensive condition$ what is ac0uired by the legatee or devisee is merely a hope or expectancy% if he dies before the condition id fulfilled$ he transmits nothing to his heirs&

Art. 94. if the legac or de$ise is of a s&ecific and determinate thing &ertaining to the testator+ the legatee or de$isee ac"#ires ownershi& thereof #&on the death of the testator+ as well as an growing fr#its or #n!orn offs&ring of animals+ or #ncollected income3 !#t not the income which was d#e and #n&aid !efore the latter6s death. 7rom the moment of the testator8s death+ the thing !e"#eathed shall !e at the ris- of the legatee or de$isee+ who shall+ therefore+ !ear its loss or deterioration+ and shall !e !enefited ! its increase or im&ro$ement+ witho#t &re4#dice to the res&onsi!ilit of the e(ec#tor or administrator.

Art. 949 If the !e"#est sho#ld not !e of a s&ecific and determinate thing+ !#t is generic or of "#antit + its fr#its and interests from the time of the death of the testator shall &ertain to the legatee or de$isee if the testator has e(&ressl so ordered.

Articles 94. and 949 are different from 94, !eca#se the latter refers to the moment when the legatee or de$isee ac"#ires a right to the legac or de$ise while the former refers to the moment when the legatee or de$isee !ecomes the owner of the thing !e"#eathed or de$ised. 1efore the legatee or de$isee !ecomes the owner of the thing !e"#eathed or de$ised #&on the death of the testator+ the thing m#st !e determinate and the legac or de$ise m#st !e &#re and sim&le. #f it is sub.ect to a suspensive term or period or to a suspensive condition$ the rule cannot be applied #f the term or condition is suspensive$ only the demandability is suspended

if the legacy or devise is generic$ or alternative$ there is a right of choice governed by ("1 to ("!% it is only when a choice has been made that the legatee or devise is considered the owner of the thing which is chosen&

Art. 9%0. If the estate sho#ld not !e s#fficient to co$er all the legacies or de$ises+ their &a ment shall !e made in the following order9 :2; <em#nerator legacies or de$ises3 :2; Legacies or de$ises declared ! the testator to !e &referential3 :/; Legacies for s#&&ort3 :4; Legacies for ed#cation3 :%; Legacies or de$ises of a s&ecific+ determinate thing which forms a &art of the estate3 :); All others &ro rata. The order of payment in (+9 is different from that which is provided for by (11 (11 applies when the reduction is necessary to preserve the legitime of compulsory heirs or when even though the legitime has been preserved$ there are donations inter vivos

Article (+9 applies when there are no compulsory heirs and the entire estate is distributed as legacies and devises or when the legitime has already been provided for and there are no donations inter vivos

Art. 9%2. 'he thing !e"#eathed shall !e deli$ered with all its accessories and accessories and in the condition in which it ma !e #&on the death of the testator. :../a; Art. 9%2. 'he heir+ charged with a legac or de$ise+ or the e(ec#tor or administrator of the estate+ m#st deli$er the $er thing !e"#eathed if he is a!le to do so and cannot discharge this o!ligation ! &a ing its $al#e. Legacies of mone m#st !e &aid in cash+ e$en tho#gh the heir or the estate ma not ha$e an . 'he e(&enses necessar for the deli$er of the thing !e"#eathed shall !e for the acco#nt of the heir or the estate+ !#t witho#t &re4#dice to the legitime. :..)a; Art. 9%/. 'he legatee or de$isee cannot ta-e &ossession of the thing !e"#eathed #&on his own a#thorit + !#t shall re"#est its deli$er and &ossession of the heir charged with the legac or de$ise+ or of the e(ec#tor or administrator of the estate sho#ld he !e a#thori=ed ! the co#rt to deli$er it. :..%a; Art. 9%4. 'he legatee or de$isee cannot acce&t a &art of the legac or de$ise and re&#diate the other+ if the latter !e onero#s. Sho#ld he die !efore ha$ing acce&ted the legac or de$ise+ lea$ing se$eral heirs+ some of the latter ma acce&t and the others ma re&#diate the share res&ecti$el !elonging to them in the legac or de$ise. :..9a; Art. 9%%. 'he legatee or de$isee of two legacies or de$ises+ one of which is onero#s+ cannot reno#nce the onero#s one and acce&t the other. If !oth are onero#s or grat#ito#s+ he shall !e free to acce&t or reno#nce !oth+ or to reno#nce either. 1#t if the testator intended that the two legacies or de$ises sho#ld !e inse&ara!le from each other+ the legatee or de$isee m#st either acce&t or reno#nce !oth. An com&#lsor heir who is at the same time a legatee or de$isee ma wai$e the inheritance and acce&t the legac or de$ise+ or reno#nce the latter and acce&t the former+ or wai$e or acce&t !oth. :.90a; Art. 9%). If the legatee or de$isee cannot or is #nwilling to acce&t the legac or de$ise+ or if the legac or de$ise for an reason sho#ld !ecome ineffecti$e+ it shall !e merged into the mass of the estate+ e(ce&t in cases of s#!stit#tion and of the right of accretion. :...a;

#neffective legacies or devises: Devisee or legatee is incapacitated to succeed 819 " to 19"9) #n case of repudiation 819"1 to 19+;) Transformation$ alienation$ destruction of the thing or non-fulfillment of a suspensive condition

#n all of the abovementioned cases$ the legacy or devise shall be merged with the mass of the hereditary estate except in cases of accretion or substitution&

Art. 9%,. 'he legac or de$ise shall !e witho#t effect9 :2; If the testator transforms the thing !e"#eathed in s#ch a manner that it does not retain either the form or the denomination it had3 :2; If the testator ! an title or for an ca#se alienates the thing !e"#eathed or an &art thereof+ it !eing #nderstood that in the latter case the legac or de$ise shall !e witho#t effect onl with res&ect to the &art th#s alienated. If after the alienation the thing sho#ld again !elong to the testator+ e$en if it !e ! reason of n#llit of the contract+ the legac or de$ise shall not thereafter !e $alid+ #nless the reac"#isition shall ha$e !een effected ! $irt#e of the e(ercise of the right of re&#rchase3 :/; If the thing !e"#eathed is totall lost d#ring the lifetime of the testator+ or after his death witho#t the heir8s fa#lt. Ne$ertheless+ the &erson o!liged to &a the legac or de$ise shall !e lia!le for e$iction if the thing !e"#eathed sho#ld not ha$e !een determinate as to its -ind+ in accordance with the &ro$isions of Article 92.. :.)9a; the different causes of revocation enumerated in (+; are examples of what is -nown as revocation by implication of law within the meaning of 6o&1 article ,!9 they ta-e effect immediately by operation of law but the enumeration is not complete$ because the fourth ground is the act of the testator in bringing an action against the debtor for the payment of the debt as applied to legacies of a credit or of remission of debt /evocation by transformation- the transformation must be both as to form and denomination The form refers to the external appearance while denomination refers to the name by which the thing is -nown The transformation of the thing must have been made by the testator himself or by some other person acting for him as agent

/evocation by alienation- if only a part of the thing is alienated$ the legacy or devise shall ta-e effect with respect to the part untouched hence here would only be partial revocation There can be no revival of the legacy or devise once revo-ed impliedly by alienation The rule is applicable even if the thing alienated should again belong to the testator by reason of the nullity of the contract 7ut if the contract is void due to lac- of consent pr vitiated consent of the testator$ there is no revocation because there was no intention on the part of the testator to alienate 5ne exception is if the reac0uisition by the testator is by virtue of the exercise of the right of repurchase

/evocation by loss or destruction- if the thing be0ueathed or devised is lost during the lifetime of the testator or after his death without the fault of the heir$ the legacy or devise can no longer ta-e effect #f the thing is determinate$ there is no liability on the part of the heir #f the thing is indeterminate$ ( , shall apply&

Art. 9%.. A mista-e as to the name of the thing !e"#eathed or de$ised+ is of no conse"#ence+ if it is &ossi!le to identif the thing which the testator intended to !e"#eath or de$ise. :n; Art. 9%9. A dis&osition made in general terms in fa$or of the testator8s relati$es shall !e #nderstood to !e in fa$or of those nearest in degree. :,%2; The rule stated in the above article is also applicable to institution of heirs #n this case the rule of preference between lines$ right of representation and rule of double share for full-blood collaterals are not applicable LEGAL 5< INS'ES'A'E S>CCESSI5N Legal or intestate succession is that which is effected by operation of law in default of a will 7asis is the presumed will of the decedent #t is presumed that if the testator made a will$ he would have provided first for his children or descendant then for his parents or ascendants then to collaterals #n the absence of those for whom the decedent would have provided for$ it is presumed that he would have desired his property to pass to the state&

Art. 960. Legal or intestate succession takes place: (1) If a person dies without a will, or with a oid will, or one which has su!se"uentl# lost its alidit#$ (%) &hen the will does not institute an heir to, or dispose of all the propert# !elonging to the testator. In such case, legal succession shall take place onl# with respect to the propert# of which the testator has not disposed$ (') If the suspensi e condition attached to the institution of heir does not happen or is not fulfilled, or if the heir dies !efore the testator, or repudiates the inheritance, there !eing no su!stitution, and no right of accretion takes place$ (() &hen the heir instituted is incapa!le of succeeding, e)cept in cases pro ided in this *ode. (91%a) The most common cause of intestacy is when the decedent dies without a will 7ut even if he has made a will there is always the possibility that it is void because of the existence of any of the grounds enumerated in article ,!(% or it may lose its validity as in the case of revocation #f the testator executes a will that disposes of only a part of his properties$ mixed succession shall ta-e place- this includes those cases where the institution of heirs is void with respect to the disposition of certain properties but valid with respect to the disposition of other properties& Another cause of intestacy is if a testamentary disposition becomes ineffective or inoperative- li-e when the condition attached is fulfilled or not$ or when the instituted heir@legatee@devisee dies before the testator$ or is incapacitated to inherit or repudiates his inheritance$ legacy or devise& :ithout pre.udice to substitution$ representation or accretion 5ther causes of intestacy: 4reterition /esolutory condition fulfilled /esolutory term or period #mpossible of compliance

Art. 961. In default of testa+entar# heirs, the law ests the inheritance, in accordance with the rules hereinafter set forth, in the legiti+ate and illegiti+ate relati es of the deceased, in the sur i ing spouse, and in the ,tate. This order of succession is based on the presumed will of the testator This order is prescribed by law hence any agreement or partnership contract entered into by the parties cannot affect the hereditary rights which belong to the relatives of the deceased or alter the order prescribed by law for intestate succession Rule of preference between lines- those in the direct descending line shall exclude in the succession those in the direct ascending and collateral lines and those in the direct ascending line shall in turn exclude those in the collateral line. Art. 96%. in e er# inheritance, the relati e nearest in degree e)cludes the +ore distant ones, sa ing the right of representation when it properl# takes place. -elati es in the sa+e degree shall inherit in e"ual shares, su!.ect to the pro isions of article 1006 with respect to relati es of the full and half !lood, and of Article 9/0, paragraph %, concerning di ision !etween the paternal and +aternal lines. (91%a) In every inheritance, whether testamentary or intestate, the relatives nearest in degree to the decedent shall exclude the more distant ones- but this rule presupposes that all of the relatives belong to the same line- rule of proximity Rule of proximity is subordinated to the rule of preference between lines The rule of proximity is modified by the right of representation defined in article 97 !s a general rule, nephews and nieces are excluded by a brother but such is sub"ect to the right of representation Rule of e#ual division- relatives of the same degree shall inherit in e#ual sharesthis rule also presupposes that all of the relatives belong to the same line $xceptions to the rule of e#ual division% &hen the inheritance is divided between paternal and maternal grandparents In this case the inheritance shall be divided in such a way that one half shall pass to the grandparents in the paternal line and the other half to the grandparents in the maternal line

 If only one grandparent in the maternal line survives, the share of the other one shall accrue to his share and vice versa &hen the inheritance is divided among brothers and sisters some of whom are of the full blood and others of the half blood Those of the full blood shall be entitled to double the share of those of the half blood In certain cases when the right of representation ta'es place The division shall be per stirpes, which means that the representatives, although of the same degree shall not inherit more than what the person they represent would inherit

,12,3*4I56 1. 7 -elationship Art. 96'. 8ro)i+it# of relationship is deter+ined !# the nu+!er of generations. 3ach generation for+s a degree. (919) Art. 96(. A series of degrees for+s a line, which +a# !e either direct or collateral. A direct line is that constituted !# the series of degrees a+ong ascendants and descendants. A collateral line is that constituted !# the series of degrees a+ong persons who are not ascendants and descendants, !ut who co+e fro+ a co++on ancestor. (916a) Art. 969. 4he direct line is either descending or ascending. 4he for+er unites the head of the fa+il# with those who descend fro+ hi+. 4he latter !inds a person with those fro+ who+ he descends. (910) Art. 966. In the line, as +an# degrees are counted as there are generations or persons, e)cluding the progenitor. In the direct line, ascent is +ade to the co++on ancestor. 4hus, the child is one degree re+o ed fro+ the parent, two fro+ the grandfather, and three fro+ the great7grandparent.

In the collateral line, ascent is +ade to the co++on ancestor and then descent is +ade to the person with who+ the co+putation is to !e +ade. 4hus, a person is two degrees re+o ed fro+ his !rother, three fro+ his uncle, who is the !rother of his father, four fro+ his first cousin, and so forth. (91/a) Art. 960. :ull !lood relationship is that e)isting !etween persons who ha e the sa+e father and the sa+e +other. ;alf !lood relationship is that e)isting !etween persons who ha e the sa+e father, !ut not the sa+e +other, or the sa+e +other, !ut not the sa+e father. (9%0a) Art. 96/. If there are se eral relati es of the sa+e degree, and one or so+e of the+ are unwilling or incapacitated to succeed, his portion shall accrue to the others of the sa+e degree, sa e the right of representation when it should take place. (9%%) Art. 969. If the inheritance should !e repudiated !# the nearest relati e, should there !e one onl#, or !# all the nearest relati es called !# law to succeed, should there !e se eral, those of the following degree shall inherit in their own right and cannot represent the person or persons repudiating the inheritance. (9%') !rticles 9() and 9(9 give the general effects of incapacity or repudiation upon the order of intestate succession !rticle 9() refers to a case where one or some of the surviving relatives of the decedent of the same class and degree are incapacitated to inherit from him or have repudiated their inheritance !rticle 9(9 refers to a case where all of such relatives have repudiated their inheritance *nder article 9(), in case of incapacity, the share+s which are rendered vacant shall pass to the co-heirs by right of accretion, but this rule is not absolute because it is sub"ect to the right of representation Right of representation superior to the right of representation In case of repudiation by one or some of the relatives, the share+s which are rendered vacant shall pass to the co-heirs of the renouncer+s by right of accretion- this rule is absolute because of the principle that an heir who repudiates his inheritance may not be represented

*nder 9(9, if all the relatives of the decedent of the same class and degree called by law to succeed have repudiated their inheritance, those of the following degree shall inherit in their own right -per capita. It would be different if all of them died or becomes incapacitated, in that case, the following degree would inherit by right of representation -per stirpes. ,12,3*4I56 %. 7 -ight of -epresentation

Art. 900. -epresentation is a right created !# fiction of law, !# irtue of which the representati e is raised to the place and the degree of the person represented, and ac"uires the rights which the latter would ha e if he were li ing or if he could ha e inherited. (9(%a) Art. 901. 4he representati e is called to the succession !# the law and not !# the person represented. 4he representati e does not succeed the person represented !ut the one who+ the person represented would ha e succeeded. (n) Right of representation is an exception to the rule of proximity /haracteristics of right of representation% It is a right of subrogation /onstitutes an exception to the rule of proximity and rule of e#ual division among relatives of the same degree Representative is called to the succession by law and not by the person represented Representative succeeds the decedent not the person represented /an only ta'e place when there is a vacancy in the inheritance brought about either by predecease, incapacity or disinheritance 0R, can only be exercised by grandchildren or descendants of the decedent Representative inherits from the decedent not from the person represented The representative must be capable of succeeding the decedent $ven if the representative is not capable of succeeding the person represented, he may still inherit by right of representation so long as he is capable of succeeding the decedent

 $ven if the representative has repudiated his inheritance coming from the person represented, he may still inherit from the decedent by right of representation. &hen right of representation ta'es place -testamentary succession.% &hen the person represented dies before the testator &hen the person represented is incapable of succeeding the testator when the person represented is disinherited by the testator but in testamentary succession, the person represented must be a compulsory heir of the testator in the direct descending line under )1(, a voluntary heir who dies before the testator transmits nothing to his heirs- same if he is incapable of succeeding- absolute rule a compulsory heir in the direct descending line can transmit his rights but only with respect to the legitime right of representation in legal or intestate succession% when the person represented dies before the decedent when the person represented is incapable of succeeding the decedent Art. 90%. the right of representation takes place in the direct descending line, !ut ne er in the ascending. In the collateral line, it takes place onl# in fa or of the children of !rothers or sisters, whether the# !e of the full or half !lood. (9%9) in the direct line, representation ta'es place in the following cases% when children concur with grandchildren, the latter being the children of the other children who died before the decedent or who are incapable of succeeding the decedent, when all the children are dead or are incapable of succeeding and the grandchildren concur with great-grandchildren, the latter being children of other grandchildren who died before the decedent or are incapable of succeeding, when all the children are dead or are incapable of succeeding the decedent leaving children or descendants of the same degree

as a rule, the right of representation ta'es place only in the direct descending line. 2ut there is an exceptional case where the right of representation does not ta'e place in the direct descending line but in the collateral line in favor of the children of brothers or sisters of the decedent whether they be of the full or half blood, sub"ect to the ff limitations% The right can only be exercised by nephews and nieces of the decedent The right can only be exercised by nephews and nieces of the decedent if they will concur with at least one brother or sister of the decedent, otherwise if they are the only survivors, they shall inherit in their own right and not by right of representation The right of representation in the collateral line is possible only in intestate succession, representation in testamentary succession ta'es place only if the person to be represented is a compulsory heir of the testator and only with respect to the legitime.

Art. 90'. In order that representation +a# take place, it is necessar# that the representati e hi+self !e capa!le of succeeding the decedent. (n) Art. 90(. &hene er there is succession !# representation, the di ision of the estate shall !e +ade per stirpes, in such +anner that the representati e or representati es shall not inherit +ore than what the person the# represent would inherit, if he were li ing or could inherit. (9%6a) The most fundamental effect of succession by representation is that the representative is, by legal fiction, raised to the place and degree of the person represented 3uch representative is subrogated to all of the rights to which the person represented would have been entitled if he were living or if he could have inherited. 4ivision shall be made per stirpes The essential difference between representation in testamentary succession and in intestate succession is that in the former, the right which is ac#uired by the representatives is the right to the legitime while in the latter, the right refers to the whole share which would have been ac#uired by the person represented.

Art. 909. &hen children of one or +ore !rothers or sisters of the deceased sur i e, the# shall inherit fro+ the latter !# representation, if the# sur i e with their uncles or aunts. 2ut if the# alone sur i e, the# shall inherit in e"ual portions. (9%0)

Art. 906. A person +a# represent hi+ whose inheritance he has renounced.
(9%/a)

If a child repudiates his inheritance when his father died, he may still represent the latter , when subse#uently his grandfather dies !rticle 97( is a necessary conse#uence of the rule stated in article 975 &hat is material is the capacity of the representative to inherit from the decedent.
(9%9a)

Art. 900. ;eirs who repudiate their share +a# not !e represented.

,3*4I56 % 7 5rder of Intestate ,uccession 6ormal+ regular order of succession and the abnormal+irregular one 6ormal+regular- refers to the order of succession if the decedent is a legitimate person !bnormal+irregular- refers to the order of succession if the decedent is an illegitimate person Regular order of succession% 7egitimate children or dsc 7egitimate parents or asc Illegitimate children or dsc 3urviving spouse 2rothers and sisters, nephews and nieces 8ther collateral relatives within the 1th degree The 3tate Irregular order of succession% 7egitimate children or dsc Illegitimate children or dsc Illegitimate parents 3urviving spouse 2rothers and sisters, nephews and nieces The 3tate The provisions of the civil code which relate to the order of intestate succession enumerate with meticulous exactitude the intestate heirs of the decedent with the 3tate as the final intestate heir If the decedent is an adopted person, the above orders of succession are still followed but with a difference in connection with parents or asc !ccording to the /hild and 9outh welfare /ode, the adopter shall not be a legal heir of the adopted person whose parents by nature shall inherit from him, except that if the latter are both dead, the adopting parent+s shall ta'e the place of the natural parents in the line of succession whether testate or intestate

2ut according to article 59 of the :amily /ode, when parents, legitimate or illegitimate, or the legitimate asc of the adopted concur with the adopters, they shall divide the estate, ; to be inherited by the parents or asc and ; by the adopters 6ature and basis of the order of intestate succession- principle of exclusion and concurrence ,12,3*4I56 1. 7 <escending <irect Line

Art. 90/. ,uccession pertains, in the first place, to the descending direct line. (9'0) Art. 909. legiti+ate children and their descendants succeed the parents and other ascendants, without distinction as to se) or age, and e en if the# should co+e fro+ different +arriages. The first in the order of intestate succession are legitimate children or descendants- this also includes adopted and legitimated children The rule in 97) must be understood without pre"udice to the concurrent rights of illegitimate children and surviving spouse In the case of adopted children, the rule in 979 is not absolute !ccording to <=< of the code, now art <9 of >4 ( <, if the adopter is survived by legitimate parents or asc and by an adopted person, the latter shall not have more successional rights than an ac'nowledged natural child !n adopted child cannot inherit from lrgitimate asc or parents of the adopter by right of representation or in his own right, neither can his legitimate children or dsc inherit from the adopter by right of representation or in their own right An adopted child succeeds to the propert# of the adopting parents in the sa+e +anner as a legiti+ate child. (9'1a) Art. 9/0. 4he children of the deceased shall alwa#s inherit fro+ hi+ in their own right, di iding the inheritance in e"ual shares. (9'%) Art. 9/1. ,hould children of the deceased and descendants of other children who are dead, sur i e, the for+er shall inherit in their own right, and the latter !# right of representation. (9'(a) Art. 9/%. 4he grandchildren and other descendants shall inherit !# right of representation, and if an# one of the+ should ha e died, lea ing se eral

heirs, the portion pertaining to hi+ shall !e di ided a+ong the latter in e"ual portions. (9'') !rticles 9) to 9)? enumerate the different rules which must be followed in the division of the inheritance if the decedent is survived by legitimate children or dsc If all of the survivors are legitimate children, such children shall inherit in their own righty- per capita If some of the survivors are legitimate children and the others are legitimate dsc of the other legitimate children who died before the decedent or is incapable of succeeding, the former shall inherit in their own right and the latter by right of representation-per stirpes If all of the survivors are legitimate grandchildren such grandchildren shall inherit by right of representation 2ut grandchildren do not always inherit by right of representation- one exceptional instance when they inherit in their own right is when all the children should repudiate their inheritance Art. 9/'. If illegiti+ate children sur i e with legiti+ate children, the shares of the for+er shall !e in the proportions prescri!ed !# Article /99. (n) Art. 9/(. In case of the death of an adopted child, lea ing no children or descendants, his parents and relati es !# consanguinit# and not !# adoption, shall !e his legal heirs. (n)

,12,3*4I56 %. 7 Ascending <irect Line Art. 9/9. In default of legiti+ate children and descendants of the deceased, his parents and ascendants shall inherit fro+ hi+, to the e)clusion of collateral relati es. (9'9a) Art. 9/6. 4he father and +other, if li ing, shall inherit in e"ual shares. ,hould one onl# of the+ sur i e, he or she shall succeed to the entire estate of the child. (9'6) Art. 9/0. In default of the father and +other, the ascendants nearest in degree shall inherit.

,hould there !e +ore than one of e"ual degree !elonging to the sa+e line the# shall di ide the inheritance per capita$ should the# !e of different lines !ut of e"ual degree, one7half shall go to the paternal and the other half to the +aternal ascendants. In each line the di ision shall !e +ade per capita.
(9'0)

,12,3*4I56 '. 7 Illegiti+ate *hildren Art. 9//. In the a!sence of legiti+ate descendants or ascendants, the illegiti+ate children shall succeed to the entire estate of the deceased. (9'9a) Art. 9/9. If, together with illegiti+ate children, there should sur i e descendants of another illegiti+ate child who is dead, the for+er shall succeed in their own right and the latter !# right of representation. (9(0a) Art. 990. 4he hereditar# rights granted !# the two preceding articles to illegiti+ate children shall !e trans+itted upon their death to their descendants, who shall inherit !# right of representation fro+ their deceased grandparent. (9(1a) Art. 991. If legiti+ate ascendants are left, the illegiti+ate children shall di ide the inheritance with the+, taking one7half of the estate, whate er !e the nu+!er of the ascendants or of the illegiti+ate children. (9(%7/(1a) Art. 99%. An illegiti+ate child has no right to inherit a! intestato fro+ the legiti+ate children and relati es of his father or +other$ nor shall such children or relati es inherit in the sa+e +anner fro+ the illegiti+ate child.
(9('a)

Art. 99'. If an illegiti+ate child should die without issue, either legiti+ate or illegiti+ate, his father or +other shall succeed to his entire estate$ and if the child=s filiation is dul# pro ed as to !oth parents, who are !oth li ing, the# shall inherit fro+ hi+ share and share alike. (9(() Art. 99(. In default of the father or +other, an illegiti+ate child shall !e succeeded !# his or her sur i ing spouse who shall !e entitled to the entire estate. If the widow or widower should sur i e with !rothers and sisters, nephews and nieces, she or he shall inherit one7half of the estate, and the latter the other half. (9(9a) ,12,3*4I56 (. 7 ,ur i ing ,pouse Art. 999. In the a!sence of legiti+ate descendants and ascendants, and

illegiti+ate children and their descendants, whether legiti+ate or illegiti+ate, the sur i ing spouse shall inherit the entire estate, without pre.udice to the rights of !rothers and sisters, nephews and nieces, should there !e an#, under article 1001. (9(6a) Art. 996. If a widow or widower and legiti+ate children or descendants are left, the sur i ing spouse has in the succession the sa+e share as that of each of the children. (/'(a) Art. 990. &hen the widow or widower sur i es with legiti+ate parents or ascendants, the sur i ing spouse shall !e entitled to one7half of the estate, and the legiti+ate parents or ascendants to the other half. (/'6a) Art. 99/. If a widow or widower sur i es with illegiti+ate children, such widow or widower shall !e entitled to one7half of the inheritance, and the illegiti+ate children or their descendants, whether legiti+ate or illegiti+ate, to the other half. (n) Art. 999. &hen the widow or widower sur i es with legiti+ate children or their descendants and illegiti+ate children or their descendants, whether legiti+ate or illegiti+ate, such widow or widower shall !e entitled to the sa+e share as that of a legiti+ate child. (n) Art. 1000. If legiti+ate ascendants, the sur i ing spouse, and illegiti+ate children are left, the ascendants shall !e entitled to one7half of the inheritance, and the other half shall !e di ided !etween the sur i ing spouse and the illegiti+ate children so that such widow or widower shall ha e one7fourth of the estate, and the illegiti+ate children the other fourth.
(/(1a)

Art. 1001. ,hould !rothers and sisters or their children sur i e with the widow or widower, the latter shall !e entitled to one7half of the inheritance and the !rothers and sisters or their children to the other half. (99', /'0a) Art. 100%. In case of a legal separation, if the sur i ing spouse ga e cause for the separation, he or she shall not ha e an# of the rights granted in the preceding articles. (n) ,12,3*4I56 9. 7 *ollateral -elati es Art. 100'. If there are no descendants, ascendants, illegiti+ate children, or a sur i ing spouse, the collateral relati es shall succeed to the entire estate of the deceased in accordance with the following articles. (9(6a) Art. 100(. ,hould the onl# sur i ors !e !rothers and sisters of the full !lood, the# shall inherit in e"ual shares. (9(0)

Art. 1009. ,hould !rothers and sisters sur i e together with nephews and nieces, who are the children of the descendant=s !rothers and sisters of the full !lood, the for+er shall inherit per capita, and the latter per stirpes. (9(/) Art. 1006. ,hould !rother and sisters of the full !lood sur i e together with !rothers and sisters of the half !lood, the for+er shall !e entitled to a share dou!le that of the latter. (9(9) Art. 1000. In case !rothers and sisters of the half !lood, so+e on the father=s and so+e on the +other=s side, are the onl# sur i ors, all shall inherit in e"ual shares without distinction as to the origin of the propert#.
(990)

Art. 100/. *hildren of !rothers and sisters of the half !lood shall succeed per capita or per stirpes, in accordance with the rules laid down for the !rothers and sisters of the full !lood. (919) Art. 1009. ,hould there !e neither !rothers nor sisters nor children of !rothers or sisters, the other collateral relati es shall succeed to the estate. 4he latter shall succeed without distinction of lines or preference a+ong the+ !# reason of relationship !# the whole !lood. (99(a) Art. 1010. 4he right to inherit a! intestato shall not e)tend !e#ond the fifth degree of relationship in the collateral line. (999a) ,12,3*4I56 6. 7 4he ,tate Art. 1011. In default of persons entitled to succeed in accordance with the pro isions of the preceding ,ections, the ,tate shall inherit the whole estate. (996a) Art. 101%. In order that the ,tate +a# take possession of the propert# +entioned in the preceding article, the pertinent pro isions of the -ules of *ourt +ust !e o!ser ed. (99/a) Art. 101'. After the pa#+ent of de!ts and charges, the personal propert# shall !e assigned to the +unicipalit# or cit# where the deceased last resided in the 8hilippines, and the real estate to the +unicipalities or cities, respecti el#, in which the sa+e is situated. If the deceased ne er resided in the 8hilippines, the whole estate shall !e assigned to the respecti e +unicipalities or cities where the sa+e is located. ,uch estate shall !e for the !enefit of pu!lic schools, and pu!lic charita!le institutions and centers, in such +unicipalities or cities. 4he court shall

distri!ute the estate as the respecti e needs of each !eneficiar# +a# warrant. 4he court, at the instance of an interested part#, or on its own +otion, +a# order the esta!lish+ent of a per+anent trust, so that onl# the inco+e fro+ the propert# shall !e used. (996a) Art. 101(. If a person legall# entitled to the estate of the deceased appears and files a clai+ thereto with the court within fi e #ears fro+ the date the propert# was deli ered to the ,tate, such person shall !e entitled to the possession of the sa+e, or if sold the +unicipalit# or cit# shall !e accounta!le to hi+ for such part of the proceeds as +a# not ha e !een lawfull# spent. (n) *;A843- ( 8-5>I,I56, *5??56 45 43,4A43 A6< I643,4A43 ,1**3,,I56, ,3*4I56 1. 7 -ight of Accretion Art. 1019. Accretion is a right !# irtue of which, when two or +ore persons are called to the sa+e inheritance, de ise or legac#, the part assigned to the one who renounces or cannot recei e his share, or who died !efore the testator, is added or incorporated to that of his co7heirs, co7de isees, or co7 legatees. (n) Art. 1016. In order that the right of accretion +a# take place in a testa+entar# succession, it shall !e necessar#: (1) 4hat two or +ore persons !e called to the sa+e inheritance, or to the sa+e portion thereof, pro indiviso$ and (%) 4hat one of the persons thus called die !efore the testator, or renounce the inheritance, or !e incapacitated to recei e it. (9%/a) Art. 1010. 4he words "one-half for each" or "in equal shares" or an# others which, though designating an ali"uot part, do not identif# it !# such description as shall +ake each heir the e)clusi e owner of deter+inate propert#, shall not e)clude the right of accretion. In case of +one# or fungi!le goods, if the share of each heir is not ear+arked, there shall !e a right of accretion. (9/'a) Art. 101/. In legal succession the share of the person who repudiates the inheritance shall alwa#s accrue to his co7heirs. (9/1)

Art. 1019. 4he heirs to who+ the portion goes !# the right of accretion take it in the sa+e proportion that the# inherit. (n) Art. 10%0. 4he heirs to who+ the inheritance accrues shall succeed to all the rights and o!ligations which the heir who renounced or could not recei e it would ha e had. (9/() Art. 10%1. A+ong the co+pulsor# heirs the right of accretion shall take place onl# when the free portion is left to two or +ore of the+, or to an# one of the+ and to a stranger. ,hould the part repudiated !e the legiti+e, the other co7heirs shall succeed to it in their own right, and not !# the right of accretion. (9/9) Art. 10%%. In testa+entar# succession, when the right of accretion does not take place, the acant portion of the instituted heirs, if no su!stitute has !een designated, shall pass to the legal heirs of the testator, who shall recei e it with the sa+e charges and o!ligations. (9/6) Art. 10%'. Accretion shall also take place a+ong de isees, legatees and usufructuaries under the sa+e conditions esta!lished for heirs. (9/0a) ,3*4I56 %. 7 *apacit# to ,ucceed !# &ill of !# Intestac# Art. 10%(. 8ersons not incapacitated !# law +a# succeed !# will or ab intestato. 4he pro isions relating to incapacit# !# will are e"uall# applica!le to intestate succession. (0((, 91() Art. 10%9. In order to !e capacitated to inherit, the heir, de isee or legatee +ust !e li ing at the +o+ent the succession opens, e)cept in case of representation, when it is proper. A child alread# concei ed at the ti+e of the death of the decedent is capa!le of succeeding pro ided it !e !orn later under the conditions prescri!ed in article (1. (n) Art. 10%6. A testa+entar# disposition +a# !e +ade to the ,tate, pro inces, +unicipal corporations, pri ate corporations, organi@ations, or associations for religious, scientific, cultural, educational, or charita!le purposes. All other corporations or entities +a# succeed under a will, unless there is a pro ision to the contrar# in their charter or the laws of their creation, and alwa#s su!.ect to the sa+e. (0(6a)

Art. 10%0. 4he following are incapa!le of succeeding: (1) 4he priest who heard the confession of the testator during his last illness, or the +inister of the gospel who e)tended spiritual aid to hi+ during the sa+e period$ (%) 4he relati es of such priest or +inister of the gospel within the fourth degree, the church, order, chapter, co++unit#, organi@ation, or institution to which such priest or +inister +a# !elong$ (') A guardian with respect to testa+entar# dispositions gi en !# a ward in his fa or !efore the final accounts of the guardianship ha e !een appro ed, e en if the testator should die after the appro al thereof$ ne ertheless, an# pro ision +ade !# the ward in fa or of the guardian when the latter is his ascendant, descendant, !rother, sister, or spouse, shall !e alid$ (() An# attesting witness to the e)ecution of a will, the spouse, parents, or children, or an# one clai+ing under such witness, spouse, parents, or children$ (9) An# ph#sician, surgeon, nurse, health officer or druggist who took care of the testator during his last illness$ (6) Indi iduals, associations and corporations not per+itted !# law to inherit. (0(9, 09%, 09', 09(a) Art. 10%/. 4he prohi!itions +entioned in article 0'9, concerning donations inter i os shall appl# to testa+entar# pro isions. (n) Art. 10%9. ,hould the testator dispose of the whole or part of his propert# for pra#ers and pious works for the !enefit of his soul, in general ter+s and without specif#ing its application, the e)ecutor, with the court=s appro al shall deli er one7half thereof or its proceeds to the church or deno+ination to which the testator +a# !elong, to !e used for such pra#ers and pious works, and the other half to the ,tate, for the purposes +entioned in Article 101'. (0(0a) Art. 10'0. 4esta+entar# pro isions in fa or of the poor in general, without designation of particular persons or of an# co++unit#, shall !e dee+ed li+ited to the poor li ing in the do+icile of the testator at the ti+e of his death, unless it should clearl# appear that his intention was otherwise. 4he designation of the persons who are to !e considered as poor and the distri!ution of the propert# shall !e +ade !# the person appointed !# the testator for the purpose$ in default of such person, !# the e)ecutor, and should there !e no e)ecutor, !# the .ustice of the peace, the +a#or, and the

+unicipal treasurer, who shall decide !# a +a.orit# of otes all "uestions that +a# arise. In all these cases, the appro al of the *ourt of :irst Instance shall !e necessar#. 4he preceding paragraph shall appl# when the testator has disposed of his propert# in fa or of the poor of a definite localit#. (0(9a) Art. 10'1. A testa+entar# pro ision in fa or of a dis"ualified person, e en though +ade under the guise of an onerous contract, or +ade through an inter+ediar#, shall !e oid. (099) Art. 10'%. 4he following are incapa!le of succeeding !# reason of unworthiness: (1) 8arents who ha e a!andoned their children or induced their daughters to lead a corrupt or i++oral life, or atte+pted against their irtue$ (%) An# person who has !een con icted of an atte+pt against the life of the testator, his or her spouse, descendants, or ascendants$ (') An# person who has accused the testator of a cri+e for which the law prescri!es i+prison+ent for si) #ears or +ore, if the accusation has !een found groundless$ (() An# heir of full age who, ha ing knowledge of the iolent death of the testator, should fail to report it to an officer of the law within a +onth, unless the authorities ha e alread# taken action$ this prohi!ition shall not appl# to cases wherein, according to law, there is no o!ligation to +ake an accusation$ (9) An# person con icted of adulter# or concu!inage with the spouse of the testator$ (6) An# person who !# fraud, iolence, inti+idation, or undue influence should cause the testator to +ake a will or to change one alread# +ade$ (0) An# person who !# the sa+e +eans pre ents another fro+ +aking a will, or fro+ re oking one alread# +ade, or who supplants, conceals, or alters the latter=s will$ (/) An# person who falsifies or forges a supposed will of the decedent.
(096, 60', 60(a)

Art. 10''. 4he cause of unworthiness shall !e without effect if the testator had knowledge thereof at the ti+e he +ade the will, or if, ha ing known of the+ su!se"uentl#, he should condone the+ in writing. (090a) Art. 10'(. In order to .udge the capacit# of the heir, de isee or legatee, his "ualification at the ti+e of the death of the decedent shall !e the criterion. In cases falling under 6os. %, ', or 9 of Article 10'%, it shall !e necessar# to wait until final .udg+ent is rendered, and in the case falling under 6o. (, the e)piration of the +onth allowed for the report. If the institution, de ise or legac# should !e conditional, the ti+e of the co+pliance with the condition shall also !e considered. (09/a) Art. 10'9. If the person e)cluded fro+ the inheritance !# reason of incapacit# should !e a child or descendant of the decedent and should ha e children or descendants, the latter shall ac"uire his right to the legiti+e. 4he person so e)cluded shall not en.o# the usufruct and ad+inistration of the propert# thus inherited !# his children. (061a) Art. 10'6. Alienations of hereditar# propert#, and acts of ad+inistration perfor+ed !# the e)cluded heir, !efore the .udicial order of e)clusion, are alid as to the third persons who acted in good faith$ !ut the co7heirs shall ha e a right to reco er da+ages fro+ the dis"ualified heir. (n) Art. 10'0. 4he unworth# heir who is e)cluded fro+ the succession has a right to de+and inde+nit# or an# e)penses incurred in the preser ation of the hereditar# propert#, and to enforce such credits as he +a# ha e against the estate. (n) Art. 10'/. An# person incapa!le of succession, who, disregarding the prohi!ition stated in the preceding articles, entered into the possession of the hereditar# propert#, shall !e o!liged to return it together it its accessions. ;e shall !e lia!le for all the fruits and rents he +a# ha e recei ed, or could ha e recei ed through the e)ercise of due diligence. (060a) Art. 10'9. *apacit# to succeed is go erned !# the law of the nation of the decedent. (n) Art. 10(0. 4he action for a declaration of incapacit# and for the reco er# of the inheritance, de ise or legac# shall !e !rought within fi e #ears fro+ the ti+e the dis"ualified person took possession thereof. It +a# !e !rought !# an# one who +a# ha e an interest in the succession. (06%a)

,3*4I56 '. 7 Acceptance and -epudiation of the Inheritance Art. 10(1. 4he acceptance or repudiation of the inheritance is an act which is purel# oluntar# and free. (9//) Art. 10(%. 4he effects of the acceptance or repudiation shall alwa#s retroact to the +o+ent of the death of the decedent. (9/9) Art. 10('. 6o person +a# accept or repudiate an inheritance unless he is certain of the death of the person fro+ who+ he is to inherit, and of his right to the inheritance. (991) Art. 10((. An# person ha ing the free disposal of his propert# +a# accept or repudiate an inheritance. An# inheritance left to +inors or incapacitated persons +a# !e accepted !# their parents or guardians. 8arents or guardians +a# repudiate the inheritance left to their wards onl# !# .udicial authori@ation. 4he right to accept an inheritance left to the poor shall !elong to the persons designated !# the testator to deter+ine the !eneficiaries and distri!ute the propert#, or in their default, to those +entioned in Article 10'0. (99%a) Art. 10(9. 4he lawful representati es of corporations, associations, institutions and entities "ualified to ac"uire propert# +a# accept an# inheritance left to the latter, !ut in order to repudiate it, the appro al of the court shall !e necessar#. (99'a) Art. 10(6. 8u!lic official esta!lish+ents can neither accept nor repudiate an inheritance without the appro al of the go ern+ent. (99() Art. 10(0. A +arried wo+an of age +a# repudiate an inheritance without the consent of her hus!and. (999a) Art. 10(/. <eaf7+utes who can read and write +a# accept or repudiate the inheritance personall# or through an agent. ,hould the# not !e a!le to read and write, the inheritance shall !e accepted !# their guardians. 4hese guardians +a# repudiate the sa+e with .udicial appro al. (996a) Art. 10(9. Acceptance +a# !e e)press or tacit. An e)press acceptance +ust !e +ade in a pu!lic or pri ate docu+ent. A tacit acceptance is one resulting fro+ acts !# which the intention to accept is necessaril# i+plied, or which one would ha e no right to do e)cept in the capacit# of an heir.

Acts of +ere preser ation or pro isional ad+inistration do not i+pl# an acceptance of the inheritance if, through such acts, the title or capacit# of an heir has not !een assu+ed. (999a) Art. 1090. An inheritance is dee+ed accepted: (1) If the heirs sells, donates, or assigns his right to a stranger, or to his co7heirs, or to an# of the+$ (%) If the heir renounces the sa+e, e en though gratuitousl#, for the !enefit of one or +ore of his co7heirs$ (') If he renounces it for a price in fa or of all his co7heirs indiscri+inatel#$ !ut if this renunciation should !e gratuitous, and the co7heirs in whose fa or it is +ade are those upon who+ the portion renounced should de ol e !# irtue of accretion, the inheritance shall not !e dee+ed as accepted. (1000) Art. 1091. 4he repudiation of an inheritance shall !e +ade in a pu!lic or authentic instru+ent, or !# petition presented to the court ha ing .urisdiction o er the testa+entar# or intestate proceedings. (100/) Art. 109%. If the heir repudiates the inheritance to the pre.udice of his own creditors, the latter +a# petition the court to authori@e the+ to accept it in the na+e of the heir. 4he acceptance shall !enefit the creditors onl# to an e)tent sufficient to co er the a+ount of their credits. 4he e)cess, should there !e an#, shall in no case pertain to the renouncer, !ut shall !e ad.udicated to the persons to who+, in accordance with the rules esta!lished in this *ode, it +a# !elong.
(1001)

Art. 109'. If the heir should die without ha ing accepted or repudiated the inheritance his right shall !e trans+itted to his heirs. (1006) Art. 109(. ,hould there !e se eral heirs called to the inheritance, so+e of the+ +a# accept and the others +a# repudiate it. (1000a) Art. 1099. If a person, who is called to the sa+e inheritance as an heir !# will and ab intestato, repudiates the inheritance in his capacit# as a testa+entar# heir, he is understood to ha e repudiated it in !oth capacities. ,hould he repudiate it as an intestate heir, without knowledge of his !eing a testa+entar# heir, he +a# still accept it in the latter capacit#. (1009)

Art. 1096. 4he acceptance or repudiation of an inheritance, once +ade, is irre oca!le, and cannot !e i+pugned, e)cept when it was +ade through an# of the causes that itiate consent, or when an unknown will appears. (990) Art. 1090. &ithin thirt# da#s after the court has issued an order for the distri!ution of the estate in accordance with the -ules of *ourt, the heirs, de isees and legatees shall signif# to the court ha ing .urisdiction whether the# accept or repudiate the inheritance. If the# do not do so within that ti+e, the# are dee+ed to ha e accepted the inheritance. (n) ,3*4I56 (. 7 3)ecutors and Ad+inistrators Art. 109/. All +atters relating to the appoint+ent, powers and duties of e)ecutors and ad+inistrators and concerning the ad+inistration of estates of deceased persons shall !e go erned !# the -ules of *ourt. (n) Art. 1099. If the assets of the estate of a decedent which can !e applied to the pa#+ent of de!ts are not sufficient for that purpose, the pro isions of Articles %%'9 to %%91 on 8reference of *redits shall !e o!ser ed, pro ided that the e)penses referred to in Article %%((, 6o. /, shall !e those in ol ed in the ad+inistration of the decedent=s estate. (n) Art. 1060. A corporation or association authori@ed to conduct the !usiness of a trust co+pan# in the 8hilippines +a# !e appointed as an e)ecutor, ad+inistrator, guardian of an estate, or trustee, in like +anner as an indi idual$ !ut it shall not !e appointed guardian of the person of a ward. (n)

,3*4I56 9. 7 *ollation Art. 1061. 3 er# co+pulsor# heir, who succeeds with other co+pulsor# heirs, +ust !ring into the +ass of the estate an# propert# or right which he +a# ha e recei ed fro+ the decedent, during the lifeti+e of the latter, !# wa# of donation, or an# other gratuitous title, in order that it +a# !e co+puted in the deter+ination of the legiti+e of each heir, and in the account of the partition. (10'9a) Art. 106%. *ollation shall not take place a+ong co+pulsor# heirs if the donor should ha e so e)pressl# pro ided, or if the donee should repudiate the inheritance, unless the donation should !e reduced as inofficious. (10'6)

Art. 106'. 8ropert# left !# will is not dee+ed su!.ect to collation, if the testator has not otherwise pro ided, !ut the legiti+e shall in an# case re+ain uni+paired. (10'0) Art. 106(. &hen the grandchildren, who sur i e with their uncles, aunts, or cousins, inherit fro+ their grandparents in representation of their father or +other, the# shall !ring to collation all that their parents, if ali e, would ha e !een o!liged to !ring, e en though such grandchildren ha e not inherited the propert#. 4he# shall also !ring to collation all that the# +a# ha e recei ed fro+ the decedent during his lifeti+e, unless the testator has pro ided otherwise, in which case his wishes +ust !e respected, if the legiti+e of the co7heirs is not pre.udiced. (10'/) Art. 1069. 8arents are not o!liged to !ring to collation in the inheritance of their ascendants an# propert# which +a# ha e !een donated !# the latter to their children. (10'9) Art. 1066. 6either shall donations to the spouse of the child !e !rought to collation$ !ut if the# ha e !een gi en !# the parent to the spouses .ointl#, the child shall !e o!liged to !ring to collation one7half of the thing donated.
(10(0)

Art. 1060. 3)penses for support, education, +edical attendance, e en in e)traordinar# illness, apprenticeship, ordinar# e"uip+ent, or custo+ar# gifts are not su!.ect to collation. (10(1) Art. 106/. 3)penses incurred !# the parents in gi ing their children a professional, ocational or other career shall not !e !rought to collation unless the parents so pro ide, or unless the# i+pair the legiti+e$ !ut when their collation is re"uired, the su+ which the child would ha e spent if he had li ed in the house and co+pan# of his parents shall !e deducted therefro+. (10(%a) Art. 1069. An# su+s paid !# a parent in satisfaction of the de!ts of his children, election e)penses, fines, and si+ilar e)penses shall !e !rought to collation. (10('a) Art. 1000. &edding gifts !# parents and ascendants consisting of .ewelr#, clothing, and outfit, shall not !e reduced as inofficious e)cept insofar as the# +a# e)ceed one7tenth of the su+ which is disposa!le !# will. (10(() Art. 1001. 4he sa+e things donated are not to !e !rought to collation and partition, !ut onl# their alue at the ti+e of the donation, e en though their .ust alue +a# not then ha e !een assessed.

4heir su!se"uent increase or deterioration and e en their total loss or destruction, !e it accidental or culpa!le, shall !e for the !enefit or account and risk of the donee. (10(9a) Art. 100%. In the collation of a donation +ade !# !oth parents, one7half shall !e !rought to the inheritance of the father, and the other half, to that of the +other. 4hat gi en !# one alone shall !e !rought to collation in his or her inheritance. (10(6a) Art. 100'. 4he donee=s share of the estate shall !e reduced !# an a+ount e"ual to that alread# recei ed !# hi+$ and his co7heirs shall recei e an e"ui alent, as +uch as possi!le, in propert# of the sa+e nature, class and "ualit#. (10(0) Art. 100(. ,hould the pro isions of the preceding article !e i+practica!le, if the propert# donated was i++o a!le, the co7heirs shall !e entitled to recei e its e"ui alent in cash or securities, at the rate of "uotation$ and should there !e neither cash or +arketa!le securities in the estate, so +uch of the other propert# as +a# !e necessar# shall !e sold at pu!lic auction. If the propert# donated was +o a!le, the co7heirs shall onl# ha e a right to select an e"ui alent of other personal propert# of the inheritance at its .ust price. (10(/) Art. 1009. 4he fruits and interest of the propert# su!.ect to collation shall not pertain to the estate e)cept fro+ the da# on which the succession is opened. :or the purpose of ascertaining their a+ount, the fruits and interest of the propert# of the estate of the sa+e kind and "ualit# as that su!.ect to collation shall !e +ade the standard of assess+ent. (10(9) Art. 1006. 4he co7heirs are !ound to rei+!urse to the donee the necessar# e)penses which he has incurred for the preser ation of the propert# donated to hi+, though the# +a# not ha e aug+ented its alue. 4he donee who collates in kind an i++o a!le which has !een gi en to hi+ +ust !e rei+!ursed !# his co7heirs for the i+pro e+ents which ha e increased the alue of the propert#, and which e)ist at the ti+e the partition if effected. As to works +ade on the estate for the +ere pleasure of the donee, no rei+!urse+ent is due hi+ for the+$ he has, howe er, the right to re+o e the+, if he can do so without in.uring the estate. (n) Art. 1000. ,hould an# "uestion arise a+ong the co7heirs upon the o!ligation to !ring to collation or as to the things which are su!.ect to collation, the

distri!ution of the estate shall not !e interrupted for this reason, pro ided ade"uate securit# is gi en. (1090) ,3*4I56 6. 7 8artition and <istri!ution of the 3state ,12,3*4I56 1. 7 8artition Art. 100/. &here there are two or +ore heirs, the whole estate of the decedent is, !efore its partition, owned in co++on !# such heirs, su!.ect to the pa#+ent of de!ts of the deceased. (n) Art. 1009. 8artition, in general, is the separation, di ision and assign+ent of a thing held in co++on a+ong those to who+ it +a# !elong. 4he thing itself +a# !e di ided, or its alue. (n) Art. 10/0. ,hould a person +ake partition of his estate !# an act inter i os, or !# will, such partition shall !e respected, insofar as it does not pre.udice the legiti+e of the co+pulsor# heirs. A parent who, in the interest of his or her fa+il#, desires to keep an# agricultural, industrial, or +anufacturing enterprise intact, +a# a ail hi+self of the right granted hi+ in this article, !# ordering that the legiti+e of the other children to who+ the propert# is not assigned, !e paid in cash.
(1096a)

Art. 10/1. A person +a#, !# an act inter i os or +ortis causa, intrust the +ere power to +ake the partition after his death to an# person who is not one of the co7heirs. 4he pro isions of this and of the preceding article shall !e o!ser ed e en should there !e a+ong the co7heirs a +inor or a person su!.ect to guardianship$ !ut the +andatar#, in such case, shall +ake an in entor# of the propert# of the estate, after notif#ing the co7heirs, the creditors, and the legatees or de isees. (1090a) Art. 10/%. 3 er# act which is intended to put an end to indi ision a+ong co7 heirs and legatees or de isees is dee+ed to !e a partition, although it should purport to !e a sale, and e)change, a co+pro+ise, or an# other transaction. (n) Art. 10/'. 3 er# co7heir has a right to de+and the di ision of the estate unless the testator should ha e e)pressl# for!idden its partition, in which case the period of indi ision shall not e)ceed twent# #ears as pro ided in article (9(. 4his power of the testator to prohi!it di ision applies to the legiti+e.

3 en though for!idden !# the testator, the co7ownership ter+inates when an# of the causes for which partnership is dissol ed takes place, or when the court finds for co+pelling reasons that di ision should !e ordered, upon petition of one of the co7heirs. (1091a) Art. 10/(. >oluntar# heirs upon who+ so+e condition has !een i+posed cannot de+and a partition until the condition has !een fulfilled$ !ut the other co7heirs +a# de+and it !# gi ing sufficient securit# for the rights which the for+er +a# ha e in case the condition should !e co+plied with, and until it is known that the condition has not !een fulfilled or can ne er !e co+plied with, the partition shall !e understood to !e pro isional. (109(a) Art. 10/9. In the partition of the estate, e"ualit# shall !e o!ser ed as far as possi!le, di iding the propert# into lots, or assigning to each of the co7heirs things of the sa+e nature, "ualit# and kind. (1061) Art. 10/6. ,hould a thing !e indi isi!le, or would !e +uch i+paired !# its !eing di ided, it +a# !e ad.udicated to one of the heirs, pro ided he shall pa# the others the e)cess in cash. 6e ertheless, if an# of the heirs should de+and that the thing !e sold at pu!lic auction and that strangers !e allowed to !id, this +ust !e done. (106%) Art. 10/0. In the partition the co7heirs shall rei+!urse one another for the inco+e and fruits which each one of the+ +a# ha e recei ed fro+ an# propert# of the estate, for an# useful and necessar# e)penses +ade upon such propert#, and for an# da+age thereto through +alice or neglect. (106') Art. 10//. ,hould an# of the heirs sell his hereditar# rights to a stranger !efore the partition, an# or all of the co7heirs +a# !e su!rogated to the rights of the purchaser !# rei+!ursing hi+ for the price of the sale, pro ided the# do so within the period of one +onth fro+ the ti+e the# were notified in writing of the sale !# the endor. (1060a) Art. 10/9. 4he titles of ac"uisition or ownership of each propert# shall !e deli ered to the co7heir to who+ said propert# has !een ad.udicated. (1069a) Art. 1090. &hen the title co+prises two or +ore pieces of land which ha e !een assigned to two or +ore co7heirs, or when it co ers one piece of land which has !een di ided !etween two or +ore co7heirs, the title shall !e deli ered to the one ha ing the largest interest, and authentic copies of the title shall !e furnished to the other co7heirs at the e)pense of the estate. If the interest of each co7heir should !e the sa+e, the oldest shall ha e the title. (1066a) ,12,3*4I56 %. 7 3ffects of 8artition

Art. 1091. A partition legall# +ade confers upon each heir the e)clusi e ownership of the propert# ad.udicated to hi+. (106/) Art. 109%. After the partition has !een +ade, the co7heirs shall !e reciprocall# !ound to warrant the title to, and the "ualit# of, each propert# ad.udicated. (1069a) Art. 109'. 4he reciprocal o!ligation of warrant# referred to in the preceding article shall !e proportionate to the respecti e hereditar# shares of the co7 heirs, !ut if an# one of the+ should !e insol ent, the other co7heirs shall !e lia!le for his part in the sa+e proportion, deducting the part corresponding to the one who should !e inde+nified. 4hose who pa# for the insol ent heir shall ha e a right of action against hi+ for rei+!urse+ent, should his financial condition i+pro e. (1001) Art. 109(. An action to enforce the warrant# a+ong heirs +ust !e !rought within ten #ears fro+ the date the right of action accrues. (n) Art. 1099. If a credit should !e assigned as collecti!le, the co7heirs shall not !e lia!le for the su!se"uent insol enc# of the de!tor of the estate, !ut onl# for his insol enc# at the ti+e the partition is +ade. 4he warrant# of the sol enc# of the de!tor can onl# !e enforced during the fi e #ears following the partition. *o7heirs do not warrant !ad de!ts, if so known to, and accepted !#, the distri!utee. 2ut if such de!ts are not assigned to a co7heir, and should !e collected, in whole or in part, the a+ount collected shall !e distri!uted proportionatel# a+ong the heirs. (100%a) Art. 1096. 4he o!ligation of warrant# a+ong co7heirs shall cease in the following cases: (1) &hen the testator hi+self has +ade the partition, unless it appears, or it +a# !e reasona!l# presu+ed, that his intention was otherwise, !ut the legiti+e shall alwa#s re+ain uni+paired$ (%) &hen it has !een so e)pressl# stipulated in the agree+ent of partition, unless there has !een !ad faith$ (') &hen the e iction is due to a cause su!se"uent to the partition, or has !een caused !# the fault of the distri!utee of the propert#. (1000a) ,12,3*4I56 '. 7 -escission and 6ullit# of 8artition

Art. 1090. A partition +a# !e rescinded or annulled for the sa+e causes as contracts. (100'a) Art. 109/. A partition, .udicial or e)tra7.udicial, +a# also !e rescinded on account of lesion, when an# one of the co7heirs recei ed things whose alue is less, !# at least one7fourth, than the share to which he is entitled, considering the alue of the things at the ti+e the# were ad.udicated. (100(a) Art. 1099. 4he partition +ade !# the testator cannot !e i+pugned on the ground of lesion, e)cept when the legiti+e of the co+pulsor# heirs is there!# pre.udiced, or when it appears or +a# reasona!l# !e presu+ed, that the intention of the testator was otherwise. (1009) Art. 1100. 4he action for rescission on account of lesion shall prescri!e after four #ears fro+ the ti+e the partition was +ade. (1006) Art. 1101. 4he heir who is sued shall ha e the option of inde+nif#ing the plaintiff for the loss, or consenting to a new partition. Inde+nit# +a# !e +ade !# pa#+ent in cash or !# the deli er# of a thing of the sa+e kind and "ualit# as that awarded to the plaintiff. If a new partition is +ade, it shall affect neither those who ha e not !een pre.udiced nor those ha e not recei ed +ore than their .ust share. (1000a) Art. 110%. An heir who has alienated the whole or a considera!le part of the real propert# ad.udicated to hi+ cannot +aintain an action for rescission on the ground of lesion, !ut he shall ha e a right to !e inde+nified in cash.
(100/a)

Art. 110'. 4he o+ission of one or +ore o!.ects or securities of the inheritance shall not cause the rescission of the partition on the ground of lesion, !ut the partition shall !e co+pleted !# the distri!ution of the o!.ects or securities which ha e !een o+itted. (1009a) Art. 110(. A partition +ade with preterition of an# of the co+pulsor# heirs shall not !e rescinded, unless it !e pro ed that there was !ad faith or fraud on the part of the other persons interested$ !ut the latter shall !e proportionatel# o!liged to pa# to the person o+itted the share which !elongs to hi+. (10/0) Art. 1109. A partition which includes a person !elie ed to !e an heir, !ut who is not, shall !e oid onl# with respect to such person. (10/1a)