CIVIL LAW

SUCCESSION
I. General Provisions
A. DEFINITION
Succession – a mode of acquisition by virtue
of which the property, rights and
obligations, to the extent of the value of the
inheritance, of a person are transmitted
through his death to another or others
either by his will or by operation of law. [Art.
774, CC]
KINDS OF SUCCESSION
(1) Testamentary – that which results
from the designation of an heir, made in
a will executed in the form prescribed by
law. [Art. 779, CC]
(2) Legal or Intestate – that which takes
place by operation of law in the absence
of a valid will.
(3) Mixed – that which is effected partly by
will and partly by operation of law. [Art.
780, CC]
(4) Compulsory – succession to the
legitime and prevails over all other
kinds of succession [Balane]
B. OBJECT OF SUCCESSION AND
TRANSMISSION
SCOPE OF INHERITANCE
General rule:
(1) All the property, rights and obligations
of a person which are not extinguished
by his death [Art. 776, CC]
(2) Not only the property and the
transmissible rights and obligations
existing at the time of his death, but
also those which have accrued thereto
since the opening of the succession [Art.
781, CC]
Exceptions:
(1) Rights and obligations extinguished by
death and are not transmissible [Art.
1311, CC]:
(a) Intransmissible by nature: this
refers to rights and obligations
which are strictly personal (intuitu
personae)
Examples:
• Those relating to family
relations
• Those arising from public law
• Those which involve or require
the personal skills,
qualifications, characteristics or
circumstances of a particular
individual
• Criminal responsibility
(b) Intransmissible by stipulation
(c) Intransmissible by provision of law
Examples:
• Usufruct [Art. 603]
• Agency [Art. 1919]
• Commodatum [Art. 1939]
(2) Monetary debts left by the decedent are
intransmissible in the sense that they
are paid from the estate of the decedent
and only the net estate or remainder
goes to the heirs. If the decedent’s
estate is not sufficient to pay his debts,
his heirs cannot be held liable for said
debts in their personal capacity. [Rules
of Court, Rule 88-90]
RULE ON TRANSMISSION
General rule: All property rights which
have accrued to the hereditary estate since
the opening of succession are transmitted
to the heirs.
Exception: Property acquired after the
making of a will shall not pass to the heirs
unless it should expressly appear in the will
that such was the intention of the testator.
[Art. 793, CC]
RULES ON OPENING OF SUCCESSION
(1) The rights to succession are transmitted
from the moment of the death of the
decedent. [Art. 777, CC]
Implications of this principle:
 (a) The law in effect at the time of
death of the decedent governs the
succession [Art. 2236, CC]
(b) The heir becomes the owner of his
share as well as all fruits which
accrue after the death of the
decedent.
(c) Upon death of the decedent, heirs
may immediately possess,
administer and dispose of their
shares in the estate (in the absence
of existing debts/claims against the
estate);
(d) Since succession takes place by
operation of law at the moment of
the death of the decedent, the heirs
can sue upon the rights of the
decedent, without having to be
appointed executor or administrator
[Emnace v. CA, G.R. No. 126334
(2001)], and without need of a
judicial declaration of their status as
heirs [De Vera v. Galauran, 67 Phil
213 (1939)]. Heirs may also be sued
without a previous declaration of
heirship, provided there is no
pending special proceeding for the
settlement of estate of the decedent
[Gayon v. Gayon, G.R. No. L-28394
(1970)].
(e) The possession of hereditary
property is deemed transmitted to
the heir without interruption and
from the moment of death of the
decedent, in case the inheritance is
accepted [Art. 533, CC]
(f) Estate taxes accrue upon death of
the decedent, even if the heirs come
into possession only later.
(2) A person may be “presumed” dead for
the purpose of opening his succession.
In this case, succession is only of
provisional character because there is
always a chance that the absentee may
still be alive. [Arts. 390-391, CC].
C. SUBJECTS OF SUCCESSION
(1) Decedent – person whose property is
transmitted through succession,
whether or not he left a will. [Art. 775,
CC]
Testator – a decedent who left a will
[Art. 775, CC]
(2) Successor – person who succeeds to
the property of the decedent. He may be
either—
(a) Heirs – those who are called to the
whole or an aliquot portion of the
inheritance either by will or by
operation of law [Art. 782, CC]
Kinds of Heirs:
(1) Compulsory Heirs – those who
succeed by force of law to some
portion of the inheritance, in an
amount predetermined by law
known as the legitime, of which they
cannot be deprived by the testator,
except by a valid disinheritance.
They succeed regardless of a will.
(2) Voluntary or Testam entary
Heirs – those who are instituted by
the testator in his will, to succeed to
the portion of the inheritance of
which the testator can freely
dispose. They succeed by reason of
a will.
(3) Legal or Intestate Heirs – those
who succeed to the estate of the
decedent who dies without a valid
will, or to the portion of such estate
not disposed of by will, or when
certain grounds are met.
Devisees and Legatees – those who
succeed by particular title, i.e., to
individual or specified items of personal
or real property.
(i) Devisees are persons to whom
gifts of real property are given
by virtue of a will. [Art. 782]
(ii) Legatees are persons to whom
gifts of personal property are
given by virtue of a will. [Art.
782]
Note: The distinction between heir and
legatee/devisee is significant in case of II. Testamentary
preterition, which annuls the institution of heirs,
but does not affect the institution of legatees Succession
and devisees to the extent that the legitimes are
not impaired. [Art. 854]
A. WILLS
A.1. IN GENERAL
Will – an act 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. [Art.
783, CC]

I. KINDS OF WILLS
(1) Notarial – an ordinary or attested will,
which must comply with the
requirements of the law [Arts. 804-808,
CC]
(2) Holographic – a will entirely written,
dated and signed by the hand of the
testator [Art. 810, CC]

II. CHARACTERISTICS OF WILLS

(1) Purely personal – the making of a
will is non-delegable
• making of a will cannot be left in
whole or in part of the discretion of a
third person, or accomplished
through the instrumentality of an
agent or attorney [Art. 784, CC]
• testator may not make a testamentary
disposition in such manner that
another person has to determine
whether or not it is to be operative
[Art. 787, CC]

What cannot be
What may be entrusted
delegated to 3rd
to 3rd persons
persons
(1) designation of (1) designation of
heirs, devisees person/institution
and legatees falling under a
(2) duration/efficacy class specified by
of designation testator
(3) determination of (2) manner of
portions, when distribution of
referred to by property specified
name [Art. 785, by testator [Art.
CC]
786, CC]
 Note: testator must
first specify the class
and the amount of
property for proper
delegation
(2) Free and intelligent [Art. 839, CC]
(3) Solem n or form al – if the form is
defective, the will is void
(4) Revocable and am bulatory – will
can be revoked at any time before the
testator’s death [Art. 828, CC]
(5) Mortis causa - takes effect upon the
testator’s death
(6) Individual – prohibition against joint
wills [Art. 818, CC]
(7) Executed with anim us testandi –
intent to dispose of the property
(8) Executed with testamentary
capacity
(9) Unilateral act – does not involve an
exchange of values or depend on
simultaneous offer and acceptance
(10) Dispositive – disposes of property
General rule: Wills contain
disposition of the testator’s estate
mortis causa.
A will disinheriting a compulsory heir is
still a dispositive will even in the
absence of dispositive provisions
because a disinheritance has the effect
of disposing the legitime of the
disinherited compulsory heir in favor of
other compulsory heirs [Seangio v.
Reyes, 2006].
Exceptions: (non-dispositive wills)
• will recognizing an illegitimate child
(11) Statutory grant – permitted only by
law, not a constitutional right
As it is a statutory grant, a will must be
made in accordance with the formalities
prescribed by the law [Art. 783, CC;
Balane]
III. RULES OF CONSTRUCTION AND
INTERPRETATION
[Arts. 788-795]
Main principle: Testacy is preferred to
intestacy and the intent of the testator is
paramount and must be given effect as far
as legally possible.
(1) Giving effect to the will
(a) If the testamentary disposition
admits of different interpretations,
in case of doubt, that interpretation
by which the disposition is to be
operative shall be preferred. [Art.
788]
(b) The words of a will are to receive an
interpretation which will give to
every expression some effect, rather
than one which will render any of
the expressions inoperative. [Art.
791]
(c) Of two modes of interpreting a will,
that is to be preferred which will
prevent intestacy. [Art. 791]
(2) Words to be taken in their ordinary and
grammatical sense unless there is a
clear intention to use them in another
sense [Art. 790, CC]
(3) Technical words are to be taken in their
technical sense unless there is a
contrary intention or when testator was
unacquainted with such technical sense
[Art. 790, CC]
(4) Severability of provisions – Invalidity of
one of several dispositions does not
result in invalidity of others unless the
testator would not have made such
dispositions if the first invalid
disposition had not been made [Art.
792, CC]
(5) Every devise and legacy shall convey all
the interest unless it clearly appears the
intention was to convey a less interest
[Art. 794, CC]
(6) Where there are ambiguities (i.e.
imperfect description or no person or
property exactly answers to the
description, mistakes, omissions),
intrinsic or extrinsic evidence may be
used to ascertain the intention of the
testator
 • Oral declarations of the testator as to
his intention must be excluded. [Art
789, CC]
KINDS OF AMBIGUITIES
Patent or Extrinsic Latent or Intrinsic
Ambiguity Ambiguity
one which appears one which cannot be
upon the face of the seen from the reading
instrument of the will but which
appears only upon
consideration of
extrinsic circumstances
Note: There is no real difference in the
prescribed solution for either latent or patent
ambiguity. In either case, extrinsic evidence or
evidence of external circumstances can be
considered. Moreover, in either case, the oral
declarations of the testator are excluded.
IV. GOVERNING LAWS, IN GENERAL
Aspect of the Will Governing Law
Formal Validity Law in force at the time the
will was executed [Art. 795,
CC]
Intrinsic Validity Law of decedent’s
nationality at the time of his
death [Arts. 16 and 2263,
CC]
Aspects of the Will Governed by the
National Law of the Decedent:
(1) Order of succession;
(2) Amount of successional rights;
(3) Intrinsic validity of testamentary
provisions; and
(4) Capacity to succeed [Art. 16, CC]
A.2. TESTAMENTARY CAPACITY AND
INTENT
TIME OF DETERMINING CAPACITY
Capacity to make a will is determined as of
the time of making thereof. [Art. 798]
Supervening incapacity does not invalidate
an effective will nor is the will of an
incapable validated by a supervening of
capacity [Art. 801, CC]
REQUISITES FOR CAPACITY TO
MAKE A WILL
(1) The testator must not be expressly
prohibited by law to make a will [Art.
796, CC]
(2) The testator must not be under 18 years
of age [Art. 797, CC]
“Year” shall be understood to be 12
calendar months [Sec. 31, Book 1, Admin
Code]
(3) The testator must be of sound mind at
the time of execution [Art. 798, CC]
TEST OF SOUNDNESS OF MIND:
(a) To be of sound mind, it is not
necessary that—
(i) the testator be in full possession
of reasoning faculties
(ii) the testator’s mind be wholly
unbroken, unimpaired,
unshattered by disease, injury or
other cause [Art. 799, CC]
(b) To be of sound mind, the testator
must know:
(i) The nature of the estate to be
disposed of;
(ii) The proper objects of his
bounty;
(iii) The character of the
testamentary act [Art. 799, CC]
General rule: Soundness of mind is
presumed [Art. 800, CC]
Exception: When the testator, one
month or less before the execution of
the will, was publicly known to be
insane
A.3. FORM
In General [Art. 804, CC]
(1) The will must be in writing
(2) It must be in a language or dialect known to
the testator
APPLICABLE LAWS AS TO FORMAL
VALIDITY
• Formal validity is governed by the law in Formal Requirements for Notarial
force at the time the will was executed W ills
[Art. 795, CC] (1) Subscribed at the end
(2) Attestation clause
• As to the place, forms and solemnities of (3) Marginal signatures
a will are governed by the law of the (4) Page numbers
country in which the will was executed (5) Acknowledged by a notary public
[Art. 17, CC] (6) Additional requirements for
• Arts. 815-817 (summarized in the table handicapped testators
below) provide for the various governing (7) Subscribed by 3 or more witnesses
laws in these instances: in the presence of the testator and
(1) A will was made in a foreign country of one another
by a Filipino [Art. 815] (1) Subscription: Subscribed to, at the
(2) A will was made in a foreign country end of the will [Art. 805, CC]
by an alien [Art. 816] • By the testator himself; or
(3) A will was made in the Philippines by
• By the testator’s name written by a
an Alien [Art. 817]
representative in his presence and
under his express direction.
Governing Law as to Place of Execution of
Will (2) Attestation Clause: Attested and
Place of subscribed by 3 or more credible
Testator Execution of Governing Law witnesses in the presence of the testator
Will and of one another [Art. 805, CC]
Philippines Philippine Law [Art. 16,
CC] Attestation Subscription
Outside of (1) Law of the country Mental act (act of the Mechanical act (act of
Filipino the
in which it is senses) the hand)
Philippines executed [Art.
17,CC]; or Purpose is to render Purpose of
available proof during identification
(2) Philippine Law
probate of will, not
[Art. 815, CC]
only of the
Philippines (1) Philippine Law; or authenticity of the will
(2) Law of the country but also of its due
of which testator is execution
a citizen or subject
[Art. 817, CC] The attestation clause shall state the
Alien Outside of (1) Law of the place following:
the where the will is (1) Number of pages;
Philippines executed [Art. 17, (2) The fact that the testator or his
CC]; or representative under his express
(2) Law of the place direction signed the will and every
where the testator page in the presence of
resides; or instrumental witnesses
(3) Law of the (3) That the witnesses signed the will
testator’s country; and all its pages in the presence of
or the testator and of one another.
(4) Philippine Law
[Art. 816, CC] The signatures of the witnesses must be
at the bottom of the attestation clause
[Cagro v. Cagro (1953)]
ATTESTED OR NOTARIAL WILLS
The notary public cannot be counted as
an attesting witness [Cruz v. Villasor
(1973)]
Test of presence: Not whether they
actually saw each other sign, but
whether they might have seen each
other sign had they chosen to do so
considering their mental and physical
condition and position with relation to
each other at the moment of inscription
of each signature. [Jaboneta v. Gustilo
(1906)]
Effect of Om issions
(1) Omissions can be supplied by an
examination of the will itself,
without the need of resorting to
extrinsic evidence, will not be fatal
and will not prevent allowance of
the will.
Exam ples:
(a) The fact that the
testator/witnesses signed each
and every page of the will can
be proved also by the mere
examination of the signatures
appearing on the document
itself. Omission of this fact on
the attestation clause is not
fatal
(b) The failure to state in the
attestation clause the number
of pages of the instrument is
ordinarily a fatal flaw. However,
such omission will not
invalidate the will if the number
of pages appears elsewhere in
the will itself so that no
evidence aliunde is necessary.
(2) However, those omissions which
cannot be supplied except by
evidence aliunde would result in the
invalidation of the attestation
clause, and consequently, of the will
itself.
Exam ple:
Whether the testator signed in the
presence of the witnesses, or the
witnesses signed in the presence of
the testator and of one another.
Substantial Com pliance Rule (as
to the form of the attestation
clause)
Substantial compliance rule applies
only in cases when such defects and
imperfections can be supplied by an
examination of the will itself.
There must be no bad faith, forgery,
fraud, or undue and improper pressure
and influence for substantial
compliance to be allowed. [Art. 809, CC]
Example:
The signature in the attestation
clause is sufficient compliance for
marginal signatures because the
signature in the attestation clause
also authenticates the page which is
the purpose of the marginal
signatures.
The marginal signature, however, is
not sufficient compliance with the
requirement of signing the
attestation clause because the
purpose of the marginal signature is
only to authenticate the page. The
attestation clause has a purpose
that is not fulfilled by the marginal
signature (attest to the act of
signing by testator and witnesses)
[Balane].
Note: The doctrine of substantial compliance
applies only as to defects in the form or
language of the attestation clause. In case of
omissions of certain facts which need to be
stated, apply the rule on omissions aforestated.
[Caneda v. CA, G.R. No. 103554 (1993)]
(3) Marginal Signatures
General rule: Testator or his
representative shall write his name, and
the witnesses shall sign each and every
page except the last page [Art. 805, CC]
 Exceptions: contents and communicate it to
(1) When the will consists of only one him in some practicable manner.
page
(b) Blind [Art. 808, CC]
(2) When the will consists of only two
• The will shall be read to the
pages, the first of which contains all
testator twice - By one of the
dispositions and is signed at the
subscribing witnesses and by the
bottom by the testator and the
notary public acknowledging the
witnesses, and the second page
will.
contains only the attestation clause
duly signed at the bottom by the •A testator suffering from
witnesses. [Abangan v. Abangan glaucoma is considered as legally
(1919)] blind [Garcia v. Vasquez (1970)]
(3) The use of thumbprint was allowed (7) W itnesses
[Matias v. Salud (1957)] Qualifications [Art. 820, CC]
(4) The inadvertent failure of one (1) Of sound mind
witness to affix his signature to one (2) Aged 18 years or over
page of a testament, due to the (3) Not blind, deaf or dumb
simultaneous lifting of two pages in (4) Able to read and write
the course of signing, is not per se
Disqualifications [Art. 821, CC]
sufficient to justify denial of
(1) Person not domiciled in the
probate. [Icasiano v. Icasiano (1964)]
Philippines
(4) Page Numberings: Numbered (2) Those who have been convicted of
correlatively in letters placed on the falsification, perjury, or false
upper part of each page (i.e. Page One testimony.
of Five Pages). [Art. 805, CC]
• Mandatory part: pagination by means RULES ON INTERESTED WITNESS [Art. 823,
of a conventional system CC]
• Directory part: pagination in letters on General Rule Exception
the upper part of each page [Balane]
Devises or legacies in If there are three
(5) Acknowledged before a notary public favor of a spouse, other competent
by the testator and the witnesses [Art. parent or child who witnesses, the device
806, CC] also attests to the will or legacy shall be
as a witness shall be valid and the
Notary public cannot be considered a void interested witness
third witness. He cannot acknowledge shall be treated as a
before himself his having signed the mere surplusage
will. To allow such would have the effect
of having only two attesting witnesses Creditors are not incompetent to be
to the will. [Cruz v. Villasor (1973)] witnesses [Art. 824, CC]
Supervening incompetency shall not
The certification of acknowledgement prevent the allowance of the will [Art.
need not be signed by the notary in the 822, CC]
presence of the testator and the
witnesses. [Javellana v. Ledesma (1955)]
(6) Additional rules for handicapped HOLOGRAPHIC WILLS
testators: Formal Requirements for
(a) Deaf Mute [Art. 807, CC] Holographic W ills
• Testator must personally read the (a) In writing [Art. 804, CC]
will; or (b) In a language known to the testator [Art.
• Testator shall personally 804, CC]
designate two persons to read the
(c) Entirely written, dated and signed in the Insertion, Cancellation, Erasure or
hand of the testator himself [Art. 810, CC] Alteration [Art. 814, CC]
Testator must authenticate by his full
Advantages Disadvantages signature.
Simple and easy to No guarantee as to Note: Full signature does not necessarily mean
make the capacity of the the testator’s full name; it rather means his
testator usual and customary signature. [Balane]
Induces foreigners in
this jurisdiction to set No protection against EFFECT OF INSERTION WRITTEN BY
down their last wishes violence, intimidation ANOTHER PERSON ON THE VALIDITY OF
or undue influence A HOLOGRAPHIC WILL
Guarantees the
absolute secrecy of May not faithfully When Made Effect
the testamentary express the will of the After the execution, Insertion considered
dispositions testator due to faulty without consent of not written. Validity
expressions testator cannot be defeated by
the malice or caprice of
Can be easily falsified a third person
and concealed After execution, with Will is valid, insertion is
consent void
WITNESSES REQUIRED FOR PROBATE After execution, Insertion becomes part
[Art. 811, CC] validated by testator’s of the will. Entire will
signature becomes void because
• At least one witness who knows the
it is not wholly written
handwriting and signature of the testator; by the testator
explicitly declare that it is the testator’s
Contemporaneous to Will is void because it is
• If contested – at least 3 of such witnesses
the execution of the will not written entirely by
• In the absence of a competent witness, the testator
expert testimony may be resorted to
General rule: The holographic will itself Joint Wills
must be presented for probate [Gan v. Yap (1) A single testamentary instrument,
(1958)] (2) Which contains the wills of two or more
persons,
Exception: If there is a photostatic copy or (3) Jointly executed by them,
xerox copy of the holographic will, it may be (4) Either for their reciprocal benefit or for the
presented for probate [Rodelas v. Aranza benefit of a third person.
(1982)] - prohibited under Article 819.

ADDITIONAL DISPOSITIONS Mutual Wills

In holographic wills, the dispositions of the
testator written below his signature must be
dated and signed by him in order to make
them valid as testamentary dispositions
[Art. 812, CC]
When a number of dispositions appearing in
a holographic will are signed without being
dated, and the last disposition has a
signature and date, such date validates the
dispositions preceding it, whatever be the
time of prior dispositions. [Art. 813, CC]
(1) Executed pursuant to an agreement
between two or more persons,
(2) Jointly executed by them,
(3) Either for their reciprocal benefit or for the
benefit of a third person.
- prohibited under Article 819.
Reciprocal Wills
(1) Testators name each other as beneficiaries
in their own wills,
(2) Under similar testamentary plans
- valid
A.4. CODICILS LAW GOVERNING REVOCATION [Art. 829,
CC]
Codicil
(1) It is a supplement or addition to a will, Place of Testator’s Governing Law
(2) made after the execution of a will, Revocation Domicile
(3) and annexed to be taken as a part of the Philippines Philippines, or Philippine Law
will, some other
(4) by which any disposition made in the country
original will is explained, added to, or Philippines Philippine law
altered.
Foreign (1) Law of the
(5) in order that it may be effective, it shall
Country place where
be executed as in the case of a will. Outside the
Philippines
the will was
[Arts. 825-826, CC]
made; or
(2) Law of the
A.5. INCORPORATION BY REFERENCE place in
Requisites [Art. 827, CC] which the
(a) The document or paper referred to in testator had
the will must be in existence at the time his domicile
of the execution of the will. at the time of
revocation
(b) The will must clearly describe and
identify the same, stating among other DOCTRINE OF DEPENDENT RELATIVE
things the number of pages thereof. REVOCATION [Molo v. Molo (1951)]
(c) It must be identified by clear and The rule that where the act of destruction is
satisfactory proof as the document or connected with the making of another will
paper referred to therein; and so as to fairly raise the inference that the
(d) It must be signed by the testator and testator meant the revocation of the old to
the witnesses on each and every page, depend upon the efficacy of the new
except in case of voluminous books of disposition intended to be substituted, the
account or inventories. revocation will be conditional and
dependent upon the efficacy of the new
disposition; and if for any reason, the new
A.6. REVOCATION will intended to be made as a substitute is
A will may be revoked by the testator at any inoperative, the revocation fails and the
time before his death [Art. 828, CC] original will remain in full force.
The failure of the new testamentary
MODES OF REVOCATION [Art. 830, CC] disposition upon whose validity the
(1) By implication of law; or revocation depends is equivalent to the
(2) By the execution of a will, codicil or non-fulfillment of a suspensive condition
other writing executed as provided in and hence prevents the revocation of the
the case of wills; or original will.
(3) By burning, tearing, canceling, or REVOCATION VS. NULLITY
obliterating the will with the intention
of revoking it, by the testator himself, or Revocation Nullity
by some other person in his presence, By the act of the Proceeds from law
and by his express direction. testator
The act contemplating revocation must be
Presupposes a valid Inherent in the
done at any time before the death of the
act testament, be it an
testator. The right of revocation cannot be
intrinsic or an
waived or restricted. [Art. 828, CC]
 extrinsic defect
Takes place during Invoked after the
the lifetime of the testator’s death by his
testator heirs
Nullity of a will can be
Testator cannot disregarded by the
renounce the right to heirs through
revoke voluntary compliance
therewith
A.7. REPUBLICATION AND REVIVAL
The execution of a codicil referring to a
previous will has the effect of republishing
the will as modified by the codicil. [Art. 836,
CC]
The testator cannot republish without
reproducing in a subsequent will, the
dispositions contained in a previous one
which is void as to its form. [Art. 835, CC]
Reproduction in the codicil is required only
when the original will is void as to it form; in
all other cases, reference to the original will
suffices to republish it through the codicil.
[Tolentino]
If after making a will, the testator makes a
second will expressly revoking the first, the
revocation of the second will does not revive
the first will, which can be revived only by
another will or codicil. [Art. 837, CC]
Principle of instanter – Revoking clause
in the 2nd will is not testamentary in
character but operates to revoke the prior
will instanter (immediately) upon the
execution of the will containing it. The
revocation of the 2nd will does not revive the
1st will which has already become a nullity.
REPUBLICATION VS. REVIVAL
Republication Revival
Takes place by an act Takes place by
of the testator operation of law
Corrects extrinsic and Restores a revoked
intrinsic defects will
A.8. ALLOWANCE AND DISALLOWANCE
OF WILLS
I. PROBATE REQUIREMENT
No will shall pass either real or personal
property unless it is proved and allowed in
accordance with the Rules of Court [Art.
838, CC]
Probate – a proceeding in rem required to
establish the validity of a will and in order to
pass real or personal property [Art. 838, CC]
The testator himself may, during his lifetime
petition the court having jurisdiction for the
allowance of his will. [Art. 838, CC]
MATTERS TO BE PROVED IN PROBATE
(1) Identity – Whether the instrument
which is offered for probate is the last
will and testament of the decedent
(2) Due Execution – Whether the will has
been executed in accordance with the
formalities prescribed by law
(3) Capacity – Whether the testator had
testamentary capacity at the time of
execution of the will
SCOPE OF PROBATE PROCEEDINGS [Art.
839, CC]
General rule: The probate court cannot
inquire into the intrinsic validity of
testamentary provisions. Only the extrinsic
validity of such wills may be examined.
Exceptions:
(1) When practical considerations demand
that the intrinsic validity of the will be
resolved: When the will is intrinsically
void on its face (e.g., when there is
clearly a preterition) such that to rule on
its formal validity would be a futile
exercise. [Acain v. Diongson (1987)]
(2) Claimants are all heirs and they
consent, either expressly or impliedly, to
the submission of the question of
intrinsic validity to the court. [Valera v.
Inserto (1987)]
(3) Probate court may pass upon the title to
a property, but such determination is
provisional and not conclusive, and is
 subject to the final decision in a
separate action to resolve title. [Pastor
v.CA (1983)]
(4) Probate court may decide on the
ownership of a property when the estate
contains only one property to be
adjudicated upon. [Portugal v. Portugal-
Beltran (2005)]
REVOCATION VS. DISALLOWANCE
Revocation Disallowance
Voluntary act of the Given by judicial
testator decree
With or without cause Must always be for a
legal cause
May be partial or total Always total, except
when the ground of
fraud or influence for
example affects only
certain portions of the
will
EFFECT OF FINAL DECREE OF PROBATE,
RES JUDICATA ON FORMAL VALIDITY
Subject to the right of appeal, the
allowance of the will, either during the
lifetime of the testator or after his death,
shall be conclusive as to due execution. [Art.
838, CC]
The probate of a will by the probate court
having jurisdiction thereof is usually
considered as conclusive as to its due
execution and validity, and is also
conclusive that the testator was of sound
and disposing mind at the time when he
executed the will, and was not acting under
duress, menace, fraud, or undue influence,
and that the will is genuine and not a
forgery. [Mercado v. Santos (1938)]
II. GROUNDS FOR DENYING PROBATE
(1) If the signature of the testator was
procured by fraud;
(2) If it was procured by undue and
improper pressure and influence, on the
part of the beneficiary or some other
person;
(3) If the testator acted by mistake or did
not intend that the instrument he
signed should be his will at the time
affixing his signature thereto;
(4) If the testator was insane or otherwise
mentally incapable of making a will at
the time of its execution;
(5) If the formalities required by law have
not been complied with; or
(6) If it was executed through force or
under duress, or the influence of fear, or
threats. [Art. 839, CC]
B. INSTITUTION OF HEIR
Institution of Heirs – an act by virtue of
which the testator designates in his will the
person or persons who are to succeed him
in his property and transmissible rights and
obligation [Art. 840, CC]
A will shall be valid even though it—
(1) should not contain an institution of an
heir or
(2) such institution should not comprise the
entire estate or
(3) the person so instituted should not
accept the inheritance or be
incapacitated to succeed.
In such cases, the testamentary dispositions
made in accordance with law shall be
complied with and the remainder of the
estate shall pass to the legal heirs. [Art. 841,
CC]
Extent Of Grant [Art. 842, CC]
Freedom of disposition depends upon the
existence, kind and number of compulsory
heirs.
• No compulsory heirs – Testator has full
power of disposition
• One with compulsory heirs cannot
disregard the rights of the latter; may
only dispose of the free portion of his
estate
Effect Of Predecease Of Heir [Art. 856,
CC]
Any heir who dies before the testator or is
incapacitated to succeed or renounces the
inheritance transmits no rights of the or circumstance his identity becomes
testator to his own heirs. This is without certain.
prejudice to the rights of representation.
A disposition in favor of a definite class or
[Tolentino]
group of persons shall be valid. [Art. 845,
CC]
MANNER OF INSTITUTION
Rules on Identity of Heirs [Arts. 843- INTENT OF THE TESTATOR
849, CC]
False Cause [Art. 850, CC]
The heir must be designated with sufficient
The statement of a false cause for the
clarity
institution of an heir shall be considered as
• If an unknown person is instituted, the
not written unless it appears from the will
disposition is void (unless by some event,
that the testator would not have made such
the identity becomes certain)
institution if he had known the falsity of
• If a definite class or group of persons is
such cause.
instituted, institution is valid.
Falsity of stated cause for institution will set
The heir shall be designated by name or
aside or annul the institution if the following
surname.
are present [Austria v. Reyes (1973)]:
• If there are two or more persons with the
(1) The cause for the institution is stated in
same names, indicate some circumstance
the will
by which the heir may be known.
(2) The cause is shown to be false
• Even though the name may have been
(3) It appears on the face of the will that
omitted but there can be no doubt as to
the testator would not have made such
who has been instituted, the institution is
institution if he had known the falsity of
valid.
the cause.
• If there is error in the name but identity
can still be identified through other proof,
SCOPE OF INSTITUTION [Arts. 852-853,
institution is still valid.
CC]
• If heir is unidentifiable, none is deemed
(1) There are more than one instituted heir
instituted.
(2) The testator intended them to get the
MANNER OF DISTRIBUTION whole estate or the whole disposable
portion
• Heirs instituted without designation of
shares shall inherit in equal parts [Art. (3) The testator has designated a definite
846] portion for each heir
• If the institution pertains to some heirs
(4) Under Art. 852: the total of all portions
individually and others collectively, the
is less than the whole estate (or free
presumption is that all are individually
portion)
instituted. [Art. 847]
• Therefore, a proportionate increase is
• If siblings are instituted (whether full or
necessary
half-blood), the presumption is that the
• The difference cannot pass by
inheritance is to be distributed equally
intestacy because the intention of the
[Art. 848]. This is different from the rules
testator is clear—to give the instituted
of distribution in intestate succession.
heirs the entire amount
• If parents and children are instituted, they
are presumed to have been instituted (5) Under Art. 853: The total exceeds the
simultaneously and not successively. [Art. whole estate (or free portion)
849] • Therefore, a proportionate reduction
must be made on the remaining part
Every disposition in favor of an unknown
of the estate.
person shall be void, unless by some event
Preterition advance on the legitime under Articles
The preterition or omission of one, some, or 906, 909, 910 and 1062.
all of the compulsory heirs in the direct line,
The remedy, if the value of inheritance,
whether living at the time of the execution
legacy or devise, or donation inter vivos
of the will or born after the death of the
is only for completion of his legitime
testator, shall annul the institution of heir;
under Articles 906 and 907.
but the devises and legacies shall be valid
insofar as they are not inofficious.
(c) Distinguished from
If the omitted compulsory heirs should die
Disinheritance
before the testator, the institution shall be
effectual, without prejudice to the right of Preterition Disinheritance
representation. [Art. 854, CC] • Tacit deprivation of • Express deprivation
a compulsory heir of of a compulsory
his legitime heir of his legitime
• May be voluntary • Always voluntary
Concept [Art. 854, CC] but the presumption • For some legal
(1) There must be a total omission of one, of law is that it is cause
some or all of the heir/s from the involuntary • If the disinheritance
inheritance. [Seangio v. Reyes (2006)] • Law presumes there is valid, the
(2) The omission must be that of a has been merely compulsory heir
compulsory heir. oversight or mistake disinherited is
on the part of the totally excluded
(3) The compulsory heir omitted must be of testator from the
the direct line. • Since preterition inheritance. In case
(4) The omitted compulsory heir must be annuls the of invalid
institution of heirs, disinheritance, the
living at the time of the testator’s death
the omitted heir compulsory heir is
or must at least have been conceived
gets not only his merely restored to
before the testator’s death. legitime but also his his legitime
share in the free
(a) Compulsory Heirs in the Direct portion not
Line disposed of by way
A direct line is that constituted by the of legacies and
series of degrees among ascendants devises
and descendants (ascending and
descending). [Art. 964, par.2, CC] (d) Effects of Preterition [Art. 854, CC]
(1) The institution of the heir is
(b) Dispositions Less Than Legitim e annulled.
But No Preterition [Balane] (2) Devises and legacies shall remain
If the heir in question is instituted in the valid as long as they are not
will but the portion given to him by the inofficious.
will is less than his legitime – there is no (3) If the omitted compulsory heir
preterition. [Reyes v. Barretto-Datu should die before the testator, the
(1967)] institution shall be effective, without
prejudice to the right of
If the heir is given a legacy or devise – representation.
there is no preterition. [Aznar v. Duncan
(1966)] When there are no devises and legacies,
preterition will result in the annulment
If the heir had received a donation inter of the will and give rise to intestate
vivos from the testator – the better view succession. [Neri v. Akutin (1941)]
is that there is no preterition. The
donation inter vivos is treated as an
C. SUBSTITUTION OF HEIRS
Substitution - is the appointment of
another heir, so that he may enter into the
inheritance in default of the heir originally
instituted. [Art. 857, CC]
The substitute shall be subject to the same
charges and conditions imposed upon the
instituted heir, unless the testator has
expressly provided the contrary, or the
charges or conditions are personally
applicable only to the heir instituted. [Art.
862, CC]
Kinds
(1) Brief or Compendious
(2) Reciprocal
(3) Simple or Common
(4) Fideicommissary
(1) Brief or Com pendious [Art. 860, CC]
Brief – Two or more persons were
designated by the testator to substitute
for only one heir
Compendious – One person is
designated to take the place of two or
more heirs
(2) Reciprocal [Art. 861, CC]
If the heirs instituted in unequal shares
should be reciprocally substituted, the
substitute shall acquire the share of the
heir who dies, renounces, or is
incapacitated, unless it clearly appears
that the intention of the testator was
otherwise. If there is more than one
substitute, they shall have the same
share in the substitution as the
institution.
Example (only 1 substitute): If two
heirs are reciprocally substituted, then if
one of them dies before the testator
dies, renounces, or turns out to be
incapacitated, the other will get his
share, regardless of whether or not their
shares are equal.
Example (more than 1 substitute):
A is instituted to 1/3, B to 1/6, and C to
½. If C dies before the testator,
renounces or turns out to be
incapacitated, then the other two will
get his shares in the same proportion as
in the institution. A will get twice as
much as B (because his share of 1/3 in
the institution is twice the size of B’s
share of 1/6)
(3) Sim ple Substitution [Art. 859, CC]
The testator may designate one or more
persons to substitute the heir/s
instituted in case the heirs should:
(1) die before him (predecease),
(2) should not wish to accept the
inheritance (repudiation), or
(3) should be incapacitated to accept
the inheritance (incapacitated).
(4) Fideicommissary Substitution
The testator institutes an heir with an
obligation to preserve and to deliver to
another the property so inherited. The
heir instituted to such condition is
called the First Heir or the Fiduciary
Heir; the one to receive the property is
the Fideicommissary or the Second Heir.
[Art. 863, CC]
Requisites: [Arts. 863-865, CC]
(a) A Fiduciary or First Heir instituted is
entrusted with the obligation to
preserve and to transmit to a
Fideicommissary Substitute or
Second Heir the whole or part of the
inheritance.
(b) The substitution must not go
beyond one degree from the heir
originally instituted.
(c) The Fiduciary Heir and the
Fideicommissary are living at the
time of the death of the testator.
(d) The fideicommissary substitution
must be expressly made.
(e) The fideicommissary substitution is
imposed on the free portion of the
estate and never on the legitime
In the absence of an obligation on the
part of the first heir to preserve the
property for the second heir, there is no
fideicommissary substitution. [PCIB v.
Escolin (1974)]
EFFECTS OF PREDECEASE OF THE FIRST
HEIR/FIDUCIARY OR THE SECOND
HEIR/FIDEICOMMISSARY
Situation 1: If the first heir dies followed
by the second heir, then the testator dies,
who will inherit? The legal heirs. There is no
fideicommissary substitution because first
and second heirs are not living at the time
of the testator’s death. [Art. 863, CC]
Situation 2: The testator dies first
followed by the second heir. The first heir
survived them but subsequently dies, who
will inherit? The SH and his heirs under Art.
866, CC. This is because the SH passes his
rights to his own heirs when he dies before
FH.
Situation 3: If the first heir dies, followed
by the testator, then the second heir, who
will inherit? No specific provision in law, but
SH inherits because the T intended him to
inherit.
D. TESTAMENTARY DISPOSITIONS
WITH A CONDITION, A TERM, AND A
MODE
3 KINDS OF TESTAMENTARY
DISPOSITIONS
(1) Conditional [Art. 871, CC]
(2) Dispositions with a term [Art. 885, CC]
(3) Dispositions with a mode/modal
dispositions [Art. 882, CC]
CONDITIONAL DISPOSITIONS
Basis of testator’s right to impose
conditions, terms or modes: Testamentary
freedom
Prohibited conditions: (considered as
not imposed)
(1) Any charge, condition or substitution
whatsoever upon the legitimes. [Art.
872]
(2) Impossible and illegal conditions. [Art.
873]
(3) Absolute condition not to contract a
first marriage. [Art. 874]
(4) Absolute condition not to contract a
subsequent marriage unless imposed
on the widow or widower by the
deceased spouse, or by the latter’s
ascendants or descendants. [Art. 874]
(5) Scriptura captatoria or legacy-hunting
dispositions - dispositions made upon
the condition that the heir shall make
some provision in his will in favour of
the testator or of any other person. [Art.
875]
Reasons for prohibition:
(1) The captatoria converts the
testamentary grants into contractual
transactions;
(2) It deprives the heirs of testamentary
freedom;
(3) It gives the testator the power to
dispose mortis causa not only of his
property but also of his heir’s.
Effect: Entire disposition is void
Potestative, Casual and Mixed
Conditions
(1) Potestative Conditions
General rule: Must be fulfilled as
soon as the heir learns of the testator’s
death
Exception: If the condition was
already complied with at the time the
heir learns of the testator’s death; or if
the condition is of such a nature that it
cannot be fulfilled again.
Constructive Compliance: deemed
fulfilled
(2) Casual or mixed
Casual condition – one whose
fulfillment depends on chance or the
will of a third person.
Mixed condition – one whose
fulfillment depends partly on the will of
the heir and partly on chance or the will
of a third person.
General rule: May be fulfilled at any
time (before or after testator’s death),
unless testator provides otherwise.
 Exception: If already fulfilled at the
time of execution of will:
(1) if testator unaware of the fact of
fulfillment – deemed fulfilled
(2) if testator aware:
• can no longer be fulfilled again:
deemed fulfilled
• can be fulfilled again: must be
fulfilled again.
Constructive Compliance:
• if casual – not applicable
• if mixed – applicable only if dependent
partly on the will of a third party not
interested.
DISPOSITIONS WITH A TERM
A term may either be suspensive or
resolutory.
(1) If the term is suspensive:
Before the arrival of the term, the
property should be delivered to the
legal or intestate heirs.
A caución muciana has to be posted by
the heirs.
(2) If the term is resolutory:
Before the arrival of the term, the
property should be delivered to the
instituted heir.
No caución muciana required as the heir
has a right over the property during the
period.
MODAL DISPOSITIONS
Dispositions with an obligation imposed
upon the heir, without suspending the
effectivity of the institution, as a condition
does
Must be clearly imposed as an obligation in
order to be considered as one. Mere
preferences or wishes expressed by the
testator are not modes.
A mode functions similarly to a resolutory
condition.
In modal institutions, the testator states (1)
the object of the institution, (2) the purpose
or application of the property left by the
testator, or (3) the charge imposed by the
testator upon the heir. [Rabadilla v. CA
(2000)]
Caución Muciana
A security to guarantee the return of the
value of property, fruits, and interests, in
case of contravention of condition, term or
mode
Instances when it is needed:
(1) Suspensive term [Art. 885,CC]
(2) Negative potestative condition - when
the condition imposed upon the heir is
negative, or consists in not doing or not
giving something [Art. 879, CC]
(3) Mode [Art. 882, par 2, CC]
E. LEGITIME
It is that part of the testator’s property
which he cannot dispose of because the law
has reserved it for his compulsory heirs.
[Art. 886, CC]
COMPULSORY HEIRS AND VARIOUS
COMBINATIONS
Classes of Compulsory Heirs [Art. 887,
CC]
(1) Primary: Those who have precedence
over and exclude other compulsory
heirs:
• Legitimate Children and Legitimate
Descendants with respect to their
Legitimate Parents and Ascendants
(2) Secondary: Those who succeed only
in the absence of the primary
compulsory heirs:
(a) Legitimate Parents and Legitimate
Ascendants, with respect to their
Legitimate Children and
Descendants. (They will inherit only
in default of legitimate children and
their descendants)
(b) Illegitimate Parents with respect to
their Illegitimate Children. (They
will inherit only in default of the
illegitimate and legitimate children
and their respective descendants).
 Note that other illegitimate disinheritance [Arts. 972 and 992,
ascendants are not included. CC]
(3) Concurring: Those who succeed • For decedents who are Legitimate
together with the primary or the Children, only the Legitimate
secondary compulsory heirs: Descendants are entitled to right
(a) Surviving Spouse (Legitimate) of representation.
(b) Illegitimate Children and • For decedents who are
Illegitimate Descendants Illegitimate Children, both the
Legitimate and the Illegitimate
If the testator is a If the testator is an Descendants can represent, only
legitimate child: illegitimate child: with respect to the decedent’s
illegitimate parents.
(1) LC and (1) LC and
descendants descendants (c) If all the Legitimate Children
(2) In default of No. (2) ILC and repudiate their legitime, the next
1, LP and descendants generation of Legitimate
ascendants (3) In default of Nos. Descendants may succeed in their
(3) SS 1-2 ILP only own right.
(4) IC and (4) SS
descendants
(2) Direct Ascending Line
(a) Rule of division between lines
SPECIFIC RULES ON LEGITIMES
• The father and the mother shall
(1) Direct Descending Line inherit equally if both living. One
(a) Rule of Preference between lines parent succeeds to the entire
[Arts. 978 and 985, CC] estate of the child if the other
• Those in the direct descending parent is dead. [Art. 986, CC]
line shall exclude those in the • In default of the mother and the
direct ascending and collateral father, the ascendants nearest in
lines; and degree will inherit. [Art. 987]
• Those in the direct ascending line • If there is more than one relative
shall, in turn, exclude those in the of the same degree but of
collateral line. different lines, one half will go to
• Rule of Proximity [Art. 926, CC]: the paternal ascendants and the
The relative nearest in degree other half to the maternal
excludes the farther one ascendants. [Art. 987]
(b) Rule of equal division
(b) Right of representation ad infinitum
in case of predecease, incapacity, or • The relatives who are in the same
degree shall inherit in equal
shares. [Art. 987]
SUMMARY OF LEGITIMES OF COMPULSORY HEIRS
Legend:
LC – Legitimate ILC - Illegitimate SS – Surviving LP – Legitimate ILP – Illegitimate
Children Children Spouse Parents Parents
Surviving LC & SS ILC LP &
ILP
Relatives Descendants Ascendants
1 LC alone 1/2 of the estate
in equal portions
2 1 LC, SS 1/2 1/4
3 LC, SS 1/2 in equal Same portion as 1LC
portions
4 LC, ILC 1/2 in equal 1/2 share of 1 LC (for
portions each ILC)
5 1 LC, SS, ILC 1/2 1/4 (preferred) 1/2 share of 1 LC (for
each child)
N.B. The share of the
ILC may suffer
reduction pro rata
because spouse is
given preference
6 2 or more LC, 1/2 in equal Same as share of 1LC 1/2 share of 1 LC (for
SS, ILC portions each child)
7 LP alone 1/2
8 LP, ILC 1/4 in equal portions 1/2
9 LP, SS 1/4 1/2
10 LP, SS, ILC 1/8 1/4 1/2
11 ILC alone 1/2 in equal portions
12 ILC, SS 1/3 1/3 in equal portions
13 SS alone ½
Exception: marriage in
articulo mortis and
testator dies within 3
months from marriage –
1/3

Exception to the
exception: have been
living together as
husband and wife for
more than 5 years – 1/2
14 ILP alone 1/2
15 ILP, SS 1/4 1/4
STEPS IN DETERMINING THE LEGITIME OF obliged to reserve such property as he may
COMPULSORY HEIRS have acquired by operation of law for the
benefit of relatives who are within the third
(1) Determine the gross value of the estate at
degree and who belong to the line from which
the time of the death of the testator.
said property came.
(2) Determine all debts and charges which are
chargeable against the estate. CONCEPT OF RESERVA TRONCAL
(3) Determine the net value of the estate by (1) A descendant (prepositus) inherits or
deducting all the debts and charges from acquires property from an ascendant or
the gross value of the estate. from a brother or sister (origin or mediate
(4) Collate or add the value of all donations source) by gratuitous title
inter vivos to the net value of the estate. (2) The same property is inherited by another
(5) Determine the amount of the legitime from ascendant (reservista) or is otherwise
the total thus found. acquired by him by operation of law from
the said descendant (prepositus)
(6) Impute the value of all donations inter
vivos made to strangers against the (3) The said ascendant (reservista) must
disposable free portion and restore it to the reserve the property for the benefit of the
estate if the donation is inofficious. relatives of the deceased descendant
within the third civil degree and who
(7) Distribute the residue of the estate in belong to the line from which the said
accordance with the will of the testator. property came (reservatarios).
Parties: [Balane at 371]
REMEDY OF A COMPULSORY HEIR IN CASE (1) Origin or Mediate Source – either an
OF IMPAIRMENT OF LEGITIME ascendant of any degree of ascent or a
brother or sister of the Prepositus;
Extent and Nature of
Impairment
Remedy responsible for the 1st transfer
Total omission of a Annulment of (2) Prepositus – the first transferee of the
compulsory heir who is institution and reserved property
a direct descendant or reduction of legacies (3) Reservista – an ascendant of the
ascendant (preterition) and devises [Art. 854, Prepositus other than the Origin or
CC]
Mediate Source; the one obligated to
Testamentary Reduction of the reserve the property
dispositions impairing disposition insofar as
or diminishing the they may be inofficious (4) Reservatarios – within the 3rd degree of
legitime or excessive [Art. 907, consanguinity from the Prepositus
CC] [Cabardo v. Villanueva (1922)] belonging to
the line from which the property came
Partial impairment Completion of the
legitime [Art. 906, CC]
Requisites for Reserva Troncal [Chua vs.
Impairment by Collation – reduction of
inofficious donations donations [Arts. 771 and CFI (1977)]:
911, CC] (a) That the property was acquired by a
descendant (Prepositus) from an ascendant
or from a brother or sister (Origin or
RESERVA TRONCAL
Mediate Source) by gratuitous title,
Art. 891, CC. The ascendant who inherits from (b) That the Prepositus died without
his descendant any property which the latter (legitimate*) issue,
may have acquired by gratuitous title from
another ascendant, or a brother or sister, is
(c) That the property is inherited by another
ascendant (Reservista) by operation of law,
and
(d) That there are relatives within the 3rd
degree (Reservatarios) belonging to the
line from which said property came.
Only legitimate descendants will prevent the
property from being inherited by the legitimate
ascending line by operation of law [Balane]
Three transm issions involved: [Balane at
366-367]
(1) 1st transfer – by gratuitous title, from a
person to his descendant, brother or sister
(2) 2nd transfer – by operation of law, from the
transferee in the 1st transfer to another
ascendant. This creates the reserva.
(3) 3rd transfer – from the transferee in the
second transfer to the relatives
JURIDICAL NATURE OF RIGHTS
Nature of the reservista’s right: [Edroso
v. Sablan (1913)]
• The reservista’s right over the reserved
property is one of ownership
• The right of ownership is subject to a
resolutory condition, i.e. the existence of
reservatarios at the time of the reservista's
death
• The right of ownership is alienable, but
subject to the same resolutory condition.
• The reservista’s right of ownership is
registrable.
Nature of reservatarios’ right: [Sienes v.
Esparcia (1961)]
• The reservatarios have a right of expectancy
over the property.
• The right is subject to a suspensive condition,
i.e. the expectancy ripens into ownership if
the reservatarios survive the reservistas.
• The right is alienable but subject to the same
suspensive condition.
• The right is registrable.
Reserva Minim a vs. Reserva Maxim a
(1) The prepositus acquired property
gratuitously from an ascendant, a brother
or sister
(2) In his will, he institutes as his heir his
ascendant (who is also a compulsory heir)
such that the ascendant receives half of
the estate by operation of law as legitime
and the other half by testamentary
disposition
Two Views
(1) Reserva Maxima: The entire property will
be considered acquired as legitime and
therefore wholly reservable
(2) Reserva Minim a: One half is reservable,
the other half is not subject to reserva
troncal [TOLENTINO at 284]
Either view is defensible, but Reserva Minima
finds wider acceptance in the Philippines
[Balane]
Extinguishment of the Reserva
(1) Loss of the reservable property
(2) Death of the reservista
(3) Death of all the relatives within the third
degree belonging to the line from which
the property came
(4) Renunciation by the reservatarios
(5) Registration of the reservable property
under the Torrens system as free
(6) Prescription, when the reservista holds the
property adversely against the
reservatarios, as free from reservation
F. DISINHERITANCE
Definition [Art. 915, CC]
(1) It is the act by which the testator
(2) For just cause
(3) Deprives a compulsory heir of his right to
the legitime.
Requisites of a Valid Disinheritance
(a) Heir disinherited must be designated by
name or in such a manner as to leave no
room for doubt as to who is intended to be
disinherited.
(b) It must be for a cause designated by law.
(c) It must be made in a valid will.
(d) It must be made expressly, stating the
cause in the will itself.
(e) The cause must be certain and true, and
must be proved by the interested heir if the
person should deny it.
(f) It must be unconditional.
(g) It must be total.
F.1. DISINHERITANCE OF CHILDREN AND
DESCENDANTS
[Art. 919, CC]
(1) When a child or descendant has been
found guilty of an attempt against the life
of the testator, his or her spouse,
descendants, or ascendants;
(2) When a child or descendant has accused
the testator of a crime for which the law
prescribes imprisonment for six years or
more, if the accusation has been found
groundless;
(3) When a child or descendant has been
convicted of adultery or concubinage with
the spouse of the testator;
(4) When a child or descendant by fraud,
violence, intimidation, or undue influence
causes the testator to make a will or to
change one already made;
(5) A refusal without justifiable cause to
support the parent or ascendant who
disinherits such child or descendant;
(6) Maltreatment of the testator by word or
deed, by the child or descendant;
(7) When a child or descendant leads a
dishonorable or disgraceful life;
(8) Conviction of a crime which carries with it
the penalty of civil interdiction.
F.2. DISINHERITANCE OF PARENTS AND
ASCENDANTS
[Art. 920, CC]
(1) When the parents have abandoned their
children or induced their daughters to live
a corrupt or immoral life, or attempted
against their virtue;
(2) When the parent or ascendant has been
convicted of an attempt against the life of
the testator, his or her spouse,
descendants, or ascendants;
(3) When the parent or ascendant has accused
the testator of a crime for which the law
prescribes imprisonment for six years or
more, if the accusation has been found to
be false;
(4) When the parent or ascendant has been
convicted of adultery or concubinage with
the spouse of the testator;
(5) When the parent or ascendant by fraud,
violence, intimidation, or undue influence
causes the testator to make a will or to
change one already made;
(6) The loss of parental authority for causes
specified in this Code;
(7) The refusal to support the children or
descendants without justifiable cause;
(8) An attempt by one of the parents against
the life of the other, unless there has been
a reconciliation between them.
F.3. DISINHERITANCE OF A SPOUSE
[Art. 921, CC]
(1) When the spouse has been convicted of an
attempt against the life of the testator, his
or her descendants, or ascendants;
(2) When the spouse has accused the testator
of a crime for which the law prescribes
imprisonment of six years or more, and the
accusation has been found to be false;
(3) When the spouse by fraud, violence,
intimidation, or undue influence cause the
testator to make a will or to change one
already made;
(4) When the spouse has given cause for legal
separation;
(5) When the spouse has given grounds for the
loss of parental authority;
(6) Unjustifiable refusal to support the
children or the other spouse.
 Sum m ary of Causes of Disinheritance
CC 919 CC 920 CC 921 CC 1032
Grounds for Disinheritance Children & Parents & Spouse Unworthiness
Descendants Ascendants
1 Guilty or Convicted of Attempt Against the
Life of the Testator, Spouse, Ascendant or ✓ ✓ ✓ ✓
Descendant
2 Accused Testator or Decedent of Crime
Punishable by Imprisonment of 6 years or ✓ ✓ ✓ ✓
more, and Found Groundless or False
3 Causes testator or decedent to Make a
Will or Change one by Fraud, Violence, ✓ ✓ ✓ ✓
Intimidation, or Undue Influence
4 Unjustified Refusal to Support Testator ✓ ✓ ✓
5 Convicted of Adultery or Concubinage ✓ ✓ ✓
with Spouse of Testator or Decedent
6 Maltreatment of testator by Word and ✓
Deed
7 Leading a Dishonorable or Disgraceful ✓
Life
8 Conviction of Crime which carries the ✓
penalty of Civil Interdiction
9 Abandonment of Children or Inducing
Children to Live Corrupt and Immoral Life ✓ ✓
or Against Attempted Virtue
10 Loss of Parental Authority ✓ ✓
11 Attempt by One Parent Against the Life of
the Other Unless there is Reconciliation ✓
Between Parents
12 Spouse Has Given Cause for Legal ✓ ✓
Separation
13 Failure to Report Violent Death of
Decedent Within One Month Unless ✓
Authorities Have Already Taken Action
14 Force, Violence, Intimidation, or Undue
Influence to Prevent Another from Making
a Will or Revoking One Already Made or ✓
Who Supplants or Alters the Latter’s Will
15 Falsifies or Forges Supposed Will of ✓
Decedent

MODES OF REVOCATION OF (3) Nullity of the will which contains the

DISINHERITANCE disinheritance.
(1) Reconciliation [Art. 922, CC] Note: The moment that testator uses one of the
(2) Subsequent institution of the disinherited acts of unworthiness as a cause for disinheritance;
heir he thereby submits it to the rules on disinheritance.
Thus, reconciliation renders the disinheritance G. LEGACIES AND DEVISES
ineffective.
Legacy Devise
RECONCILIATION [Art. 922, CC] A gift of personal A gift of real
Effect of Reconciliation between property given in a property given in a
Offender and Offended Person: If no will will
disinheritance has been made yet, the It is bequeathed It is devised
offended person will be deprived of his right to
disinherit. PERSONS CHARGED WITH THE DUTY TO
If disinheritance has been effected, it will be GIVE LEGACIES AND DEVISES IN A WILL
rendered ineffectual. (1) Compulsory heir, provided, their
legitimes are not impaired [Art. 925, CC]
RIGHTS OF DESCENDANTS OF PERSON
DISINHERITED [Art. 923, CC] (2) Voluntary heir
Disinheritance gives rise to the right of (3) Legatee or devisee can be charged with
representation in favor of the children and the duty of giving a sub-legacy or sub-
descendants of the disinherited person with devise but only to the extent of the value of
respect to his legitime. the legacy or devise given him [Art. 925,
CC]
This is inconsistent with Art. 1033. In
disinheritance, reconciliation is sufficient. It (4) The estate represented by the
need not be in writing. In unworthiness, executor or administrator, if no one is
however, it needs to be in writing. [Balane] charged with this duty to pay or deliver the
legacy or devise in the will
INEFFECTIVE DISINHERITANCE [Art. 918, CC] • If there is an administration proceeding,
Instances of Ineffective disinheritance: it constitutes a charge upon the estate.
(1) There is no specification of the cause. • If there is no administration proceeding,
(2) The cause is not proved. it is a charge upon the heirs.
(3) The cause is not among those specified in
the provisions. VALIDITY AND EFFECT OF LEGACY OR
DEVISE
Effect of Ineffective Disinheritance: if
Legacy or devise of a thing belonging to another
the disinheritance lacks one or other of the [Art. 930, CC]
requisites mentioned in this article, the heir in
question gets his legitime. [Balane] Testator erroneously believed Void
that the property belonged to
him
Ineffective
Preterition The thing bequeathed Effective
Disinheritance
afterwards becomes his by
Person disinherited Person omitted must
whatever title
may be any compulsory be a compulsory heir in
heir the direct line Legacy or devise of thing already belonging to the
legatee or devisee
Only annuls the Annuls the entire
institution in so far as it institution of heirs The thing already belongs to the Ineffective
prejudices the person legatee or devisee at the time of
disinherited the execution of the will [Art.
932, CC]
The thing is subject to an Valid only as to
encumbrance or interest of the interest or
another person [Art. 932, CC] encumbrance
Legatee or devisee Ineffective
subsequently alienates the
thing [Art. 933,CC]
After alienating the thing, the Ineffective
legatee or devisee subsequently
reacquires it gratuitously [Art.
933, CC]
After alienating the thing, the
legatee or devisee acquires it by devisee can
onerous title [Art. 933, CC]
Different Objects of Legacies and Devises [Art. 934-944, CC]
Objects of Legacy or Devise
Thing pledged or mortgaged to
secure a debt
Credit or remission or release of a • Effective only as regards the credit or debt existing at the time of the
debt
Thing pledged by debtor
To a creditor
Order of payment of a debt
Alternative legacies and devises
Legacy of generic personal
property or indeterminate real
property
Legacy of education
Legacy of support
Legatee or
demand
reimbursement
from the heir or
estate
Effect
• Estate is obliged to pay the debt
• Other charges pass to the legatee or devisee
testator’s death
• Legacy lapses if the testator later brings action against the debtor
• If generic, comprises all credits/debts existing at time of execution of
will
Only the pledge is extinguished; the debt remains
Shall not be applied to his credit unless the testator so declares
• If testator does not really owe the debt, the disposition is void
• If the order is to pay more than the debt, the excess is not due
• This is without prejudice to the payment of natural obligations
• The choice is with the heir, or the executor or administrator
• If the heir, legatee or devisee dies, the right passes to their heirs
• Once made, the choice is irrevocable
• Legacy is valid even if there are no things of the same kind in the
estate
• Devise of indeterminate real property valid only if there are
immovable property of the same kind in the estate
• The choice belongs to the heir, legatee or devisee or the executor or
administrator
• Lasts until the legatee is of age or beyond the age of majority in order
that he may finish some professional, vocational or general course
provided he pursues his course diligently
• If testator did not fix the amount, it is fixed in accordance with the
social standing and circumstances of the legatee and the value of the
estate
• Lasts during lifetime of legatee
• If the testator used to give the legatee a sum of money for support,
give the same amount unless it is markedly disproportionate to the
estate
 • If testator did not fix the amount, it is fixed in accordance with the
social standing and circumstances of the legatee and the value of the
estate
Order of Payment in Case the Estate Is Not Sufficient to Cover A ll the Legacies and
Devises
Art. 911
Order of Preference
• Legitime of compulsory heirs
• Donations inter vivos
• Preferential legacies or devises
• All other legacies or devises pro rata
Application
• When the reduction is necessary to preserve the
legitime of compulsory heirs from impairment
whether there are donations inter vivos or not; or
• When, although, the legitime has been preserved
by the testator himself there are donations inter
vivos.
Art. 911, CC governs when there is a conflict between Art. 950, CC governs when the question of reduction
compulsory heirs and the devisees and legatees.
Delivery of Legacy/Devise [Art. 951, CC]
(1) The very thing bequeathed shall be delivered
and not its value
(2) With all its accessions and accessories
(3) In the condition in which it may be upon the
death of the testator
(4) Legacies of money must be paid in cash
Effect of ineffective legacies or devises
[Art. 956, CC]
In case of repudiation, revocation or incapacity of
the legatee or devisee, the legacy or devise shall
be merged with the mass of the hereditary
estate, except in cases of substitution or
accretion.
Art. 950
• Remuneratory legacy/devise
• Preferential legacy/devise
• Legacy for support
• Legacy for education
• Legacy/devise of specific, determinate thing which
forms a part of the estate
• All others pro rata
• When there are no compulsory heirs and the entire
estate is distributed by the testator as legacies or
devises; or
• When there are compulsory heirs but their legitime
has already been provided for by the testator and
there are no donations inter vivos.
is exclusively among legatees and devisees
themselves.
Revocation of Legacies and Devises [Art.
957, CC]
(1) Testator transforms the thing such that it
does not retain its original form or
denomination
(2) Testator alienates the thing by any title or for
any cause. Reacquisition of the thing by the
testator does not make the legacy or devise
valid, unless it is effected by right of
repurchase.
(3) Thing is totally lost during the lifetime or
after the death of the testator
(4) Other causes: nullity of will, non-compliance
with suspensive condition, sale of the thing
to pay the debts of the deceased during the
settlement of his estate.
III. Legal or Intestate
Succession
A. GENERAL PROVISIONS
Intestacy – that which takes place by
operation of law in default of compulsory
and testamentary succession. Not defined
in the Civil Code.
INSTANCES WHEN LEGAL OR INTESTATE
SUCCESSION OPERATES [Art. 960, CC]
(1) If a person dies without a will, or with a
void will, or one which has subsequently
lost its validity
(2) When the will does not institute an heir
(3) Upon the expiration of term, or period of
institution of heir [Balane]
(4) Upon fulfillment of a resolutory
condition attached to the institution of
heir, rendering the will ineffective
[Balane]
(5) When the will does not dispose of all
the property belonging to the testator.
Legal succession shall take place only
with respect to the property which the
testator has not disposed (mixed
succession)
(6) If the suspensive condition attached to
the institution of the heir does not
happen or is not fulfilled
(7) If the heir dies before the testator
(8) If the heir repudiates the inheritance,
there being no substitution, and no
right of accretion takes place
(9) When the heir instituted is incapable of
succeeding, except in cases provided in
the Civil Code
(10) Preterition – Intestacy may be total or
partial depending on whether or not
there are legacies or devises [Balane]
Note: In all cases where there has been an
institution of heirs, follow the ISRAI order:
(1) If the Institution fails, Substitution occurs.
(2) If there is no substitute, the right of
Representation applies in the direct
descending line to the legitime if the
vacancy is caused by predecease,
incapacity, or disinheritance.
(3) The right of Accretion applies to the free
portion when the requisites in Art. 1016 are
present.
(4) If there is no substitute, and the right of
representation or accretion is not proper,
the rules on Intestate succession shall
apply.
The Intestate or Legal Heirs:
(1) Relatives
(a) Legitimate children
(b) Illegitimate children
(c) Legitimate parents
(d) Illegitimate parents
(e) Brothers, sisters, nephews and
nieces (BSNN)
(f) Other collateral relatives
(2) Surviving spouse
(3) State (through escheat proceedings)
Intestate succession is based on the
presumed will of the decedent. That is, to
distribute the estate in accordance with the
love and affection he has for his family, and
in default of these persons, the presumed
desire to promote charitable and
humanitarian activities. [Balane]
FUNDAMENTAL PRINCIPLES IN
INTESTATE SUCCESSION
(1) Rule of Preference between Lines
• Those in the direct descending line
shall exclude those in the direct
ascending and collateral lines;
• Those in the direct ascending line
shall, in turn, exclude those in the
collateral line.
(2) Rule of Proximity
• The relative nearest in degree
excludes the farther one [Art. 962(1),
CC], saving the right of representation
when it properly takes place.
(3) Rule of Equal Division
• The relatives who are in the same
degree shall inherit in equal shares.
[Arts. 962(2), 987 and 1006, CC]
 Exceptions: [Balane]
(a) Rule of preference between Lines
(b) Distinction between legitimate and
illegitimate filiation. The ratio under
present law is 2:1. [Art. 983, in
relation to Art. 895 as amended by
Art. 176, FC]
(c) Rule of division by line in the
ascending line [Art. 987 (2), CC]
(d) Distinction between full-blood and
half-blood relationship among
brothers and sisters, as well as
nephews and nieces. [Art. 1006 and
1008, CC]
(e) Right of representation.
(4) Rule of Barrier between the
legitim ate fam ily and the
illegitim ate fam ily (the iron-
curtain rule)
The illegitimate family cannot inherit by
intestate succession from the legitimate
family and vice-versa. [Art. 992, CC]
(5) Rule of Double Share for full
blood collaterals
When full and half-blood brothers or
sisters, nephews or nieces, survive, the
full blood shall take a portion in the
inheritance double that of the half-
blood. [Arts. 895 and 983, CC]
Note:
• If one of the legitimate ascendants,
illegitimate parents, legitimate children or
illegitimate children survives, the brother,
sisters, nephews, and nieces (BSNN) are
excluded.
• If one of the legitimate ascendants,
illegitimate parents, legitimate children,
illegitimate children or surviving spouse
survives, the other collateral relatives and the
state are excluded.
• If any of the heirs concur in legitimes, then
they also concur in intestacy.
A.1. RELATIONSHIP
The number of generations determines the
proximity of the relationship. Each
generation forms one degree. [Art. 963, CC]
A series of degrees forms a line. This line
may either be direct or collateral. [Art.
964, CC]
• A direct line is that constituted by the
series of degrees among ascendants and
descendants.
• The direct line is either ascending (brings
a person with those from whom he
descends) and descending (connecting
the head of the family with those who
descend from him). [Art. 965, CC]
• A collateral line is that constituted by the
series of degrees among persons who are
not ascendants or descendants, but who
come from a common ancestor.
Note: It is important to distinguish between
direct and collateral, as the direct has
preference over the collateral.
In a line, as many degrees are counted as
there are generations. [Art. 966, CC]
(1) In the direct line, ascent is made up to
the common ancestor or progenitor.
(2) In the collateral line, ascent is made to
the common ancestor. Then descent to
the person with whom the computation
is to be made.
Note: Descending line is preferred over
ascending.
Blood relationship is either full or half-
blood. [Art. 967, CC]
Note: As among brothers and sisters and
nephews and nieces, there is a 2:1 ratio for full-
blood and half-blood relatives. Direct relatives
are preferred. But this distinction does not apply
with respect to other collateral relatives.
INCAPACITY [Art. 968, CC]
General rule: If there are several relatives
of the same degree, and one or some of
them are unwilling or incapacitated to
succeed, his portion shall accrue to the
others of the same degree.
Exception: When the right of
representation should take place.
Note: This accretion in intestacy takes place in
case of predecease, incapacity, or renunciation
among heirs of the same degree. The relatives
must be in the same relationship because of the
Rule of Preference of Lines.
REPUDIATION [Arts. 968-969, CC]
There is no right of representation in
repudiation. If the nearest relative/s
repudiates the inheritance, those of the
following degree shall inherit in their own
right.
In case of repudiation by all in the same
degree, the right of succession passes on
the heirs in succeeding degrees: descending
line first, ascending line next, and collateral
line next. [Balane]
ADOPTION [Art. 189, FC]
In adoption, the legal filiation is personal
and exists only between the adopter and
the adopted. The adopted is deemed a
legitimate child of the adopter, but still
remains as an intestate heir of his natural
parents and other blood relatives. (Note,
however, Section 16 of the Domestic
Adoption Act [RA 8552], which provides
that all legal ties between the biological
parent(s) and the adoptee shall be severed
and the same shall then be vested on the
adopter(s).”
A.2. RIGHT OF REPRESENTATION
Representation – right created by fiction of
law, by virtue of which the representative is
raised to the place and the degree of the
person represented, and acquires the rights
which the latter would have if he were living
or if he could have inherited [Art. 970, CC]
Effect of Representation
The representative heir acquires the rights
which the person represented would have if
he were living or if he could have inherited.
W hen it occurs
Representation is allowed with respect to
inheritance conferred by law (legitime and
intestate based on Art. 923)
It occurs only in the following instances:
(DIP)
(1) Predecease of an heir
(2) Incapacity or unworthiness
(3) Disinheritance [Art. 923, CC]
There is no representation in testamentary
succession. [Art. 856, CC]
A renouncer can represent, but cannot be
represented. Rationale is found in Art. 971
which states that “The representative does
not succeed the person represented but the
one whom the person represented would
have succeeded.”
Representation in the Direct
Descending Line
Representation takes place ad infinitum in
the direct descending line but never in the
direct ascending line. [Art. 972, CC]
General rule: Grandchildren inherit from
the grandparents by right of representation,
if proper.
Exception: Whenever all the children
repudiate, the grandchildren inherit in their
own right because representation is not
proper. [Art. 969, CC]
Representation in Collateral Line
In the collateral line, representation takes
place only in favor of the children of the
brothers or sisters (i.e., nephews and nieces)
whether of the full or half-blood [Art. 972,
CC] and only if they concur with at least one
uncle or aunt. In this case, they share in the
inheritance per stirpes.
If the children survive alone, they inherit in
their own right and share in equal
proportions or per capita. [Art. 975, CC]
Right of representation in the collateral line
is only possible in intestate succession. It
cannot take place in testamentary
succession.
Per stirpes
• Inheritance per stirpes means that the
representative/s shall receive only what
the person represented would have
received, if he were living or could inherit.
[Art.975, CC]
• If there are more than one representative
in the same degree, then it shall be
divided equally, without prejudice to the
distinction between legitimate and
illegitimate, if applicable.
The Double Heirship Test
• In determining whether or not
representation is proper, it is necessary
that the representative must be a legal
heir of both the person he is
representing and the decedent. [Art. 973,
CC]
• But the representative need not be
qualified to succeed the person
represented. [Art. 971, CC] In the same
manner, the person represented need not
be qualified to succeed the decedent, as it
is his disqualification which gives rise for
representation to apply.
− Legitim ate children may not be
represented by their illegitimate
descendants (because of the bar in Art.
992). In contrast, illegitim ate
children may be represented by their
• ted. [Tolentino]
legitimate and illegitimate
descendants. [Art. 902]
− Illustration: A has legitimate son L
and illegitimate son I. L has an
illegitimate son L-1 while I also has an
illegitimate son I-1. I-1 may inherit from
A by representation of I (under Art. 902,
CC), but L-1 may not inherit from A
(because of the barrier under Art. 992,
CC)
Representation in Adoption
• If the adopting parent should die before
the adopted child, the latter cannot
represent the former in the inheritance of
the parents or ascendants of the adopter.
The adopted child is not related to the
deceased in that case, because filiation
created by fiction of law is exclusively
between the adopter and the adop

B. ORDER OF INTESTATE SUCCESSION

Decedent is a Legitimate Child Decedent is an Illegitimate Child Decedent is an Adopted Child

1 Legitimate children or Legitimate children or Legitimate children or

descendants (LCD)
2 Legitimate parents or ascendants Illegitimate children or
(LPA)
3 Illegitimate children or
descendants (ICD)
4 Surviving spouse (SS)
5 Brothers and sisters, nephews,
nieces (BS/NN)
6 Legitimate collateral relatives
within the 5th degree (C5)
7 State
descendants (LCD)
descendants (LPA)
Illegitimate parents (IP)
Surviving spouse (SS)
Illegitimate brothers and sisters,
nephews, nieces (IBS/NN)
State
descendants (LCD)
Illegitimate children or
descendants (ICD)
Legitimate or illegitimate
parents, or legitimate
ascendants, adoptive parents
Surviving spouse (SS)
Brothers and sisters, nephews,
nieces (BS/NN)
State
RULES OF EXCLUSION AND CONCURRENCE IN INTESTATE SHARES

Intestate Heirs Excludes Excluded By Concurs With

LC + LD Ascendants, Collaterals No one SS + ILC

and State
ILC + D ILP, Collaterals and State No one SS, LC, LP
LP + LA Collaterals and State LC ILC + SS
ILP Collaterals and State LC and ILC SS
SS Collaterals other than No one LC, ILC, LP, ILP, Siblings,
siblings, nephews and Nephews, Nieces
nieces, State
Siblings, Nephews, All other collaterals and LC, ILC, LP, ILP SS
Nieces State
Other collaterals within Collateral more remote in LC, ILC, LP, ILP and SS Collaterals in the same
5th degree degree and State degree
State No one Everyone No one

OUTLINE OF INTESTATE SHARES

Note: In partial intestacy, the testamentary
dispositions can reduce the shares of intestate heirs,
provided that their legitimes, if they are also
compulsory heirs, are not impaired. More
specifically:
(1) The law of legitimes must be brought into
operation in partial intestacy.
(2) If among the concurring intestate heirs
there are compulsory heirs whose legal or
intestate portions exceed their respective
legitimes, the amount of the testamentary
disposition must be deducted from the
disposable portion, to be borne by all the
intestate heirs in the proportions that they
are entitled to receive from such disposable
portion as intestate heir.
(3) If the legal or intestate share of a
compulsory heir is equal to his legitime,
then the amount of the testamentary
disposition must be deducted only from the
legal or intestate shares of the others.
(4) If the testamentary dispositions consume
the entire disposable portion, then the
intestate heirs who are compulsory heirs
will get only their legitimes, and those who
are not compulsory heirs will get nothing.
[Tolentino]
(1) Legitim ate children only
Divide entire estate equally among all
legitimate children [Art. 979, CC]
Legitimate children include an adopted
child.
(2) Legitim ate children and Illegitim ate
children
Divide entire estate such that each
illegitimate child gets ½ of what a
legitimate child gets [Art. 983, CC and Art.
176, FC]
Ensure that the legitime of the legitimate
children are first satisfied.
(3) Legitim ate children and surviving
spouse
Divide entire estate equally between the
legitimate children and the surviving spouse,
the latter deemed as one child. The same
rule holds where there is only one child.
(4) Legitim ate children. Surviving
spouse, and Illegitimate children
Divide the entire estate such that the
surviving spouse is deemed one legitimate
child and each illegitimate child getting ½
of what the legitimate child gets. [Art. 996,
CC and Art. 176, FC]
 Ensure that the legitime of the legitimate
children and the spouse are first satisfied.
(5) Legitim ate parents only
Divide the entire estate equally. [Art. 985]
(6) Legitim ate ascendants only
(excluding parents)
Divide the entire estate equally but with the
observance of the rule of division by line.
[Art. 987]
(7) Legitim ate parents and illegitim ate
children
Legitimate parents get ½ of the estate,
illegitimate children get the other ½. [Art.
991]
(8) Legitim ate parents and surviving
spouse
Legitimate parents get ½ of the estate; The
surviving spouse gets the other ½. [Art. 997]
(9) Legitim ate parents, surviving spouse
and illegitim ate children
Legitimate parents get ½ of the estate;
surviving spouse and the illegitimate child
each get ¼ each, the latter to share among
themselves if more than one. [Art. 1000]
(10) Illegitimate children only
Divide the entire estate equally. [Art. 988]
(11) Illegitim ate children and surviving
spouse
Illegitimate children get ½ of the estate; the
surviving spouse gets the other ½. [Art. 998]
(12) Surviving spouse only
Entire estate goes to the surviving spouse.
[Art. 994/995]
(13) Surviving spouse and illegitim ate
parents
Illegitimate parents get ½ and the spouse
gets the other ½. [by analogy with Art. 997]
(14) Surviving spouse and legitim ate
brothers and sisters, nephews and
nieces
Surviving spouse gets ½ of the estate, while
the rest gets the other ½ with the nephews
and nieces inheriting by representation if
proper. [Art. 1001]
(15) Surviving spouse and illegitim ate
brothers and sisters, nephews and
nieces
Surviving spouse gets ½ of the estate while
the rest gets the other ½ with the nephews
and nieces inheriting by representation, if
proper; Note that all the other relatives
should be “illegitimate” because of the iron-
curtain rule. [Art. 994, CC]
(16) Illegitimate parents only
Entire estate goes to the illegitimate
parents. [Art. 993, CC]
(17) Illegitimate parents and children of
any kind (whether legitimate or
illegitim ate child)
Illegitimate parents are excluded and do
not inherit. For the rule on the respective
shares of the children, see numbers 1, 2 or
10, whichever is applicable.
(18) Legitim ate brothers and sisters only
Divide the entire estate such that full-blood
brothers/sisters gets a share double the
amount of a half-blood brother or sister.
[Art. 1004 and 1006, CC]
(19) Legitim ate brothers and sisters,
nephews and nieces
Divide the entire estate observing the 2 is to
1 ratio for full and half-blood relationships
with respect to the brothers and sisters,
with the nephews and nieces inheriting by
representation, if proper. [Art. 1005 & 1008,
CC]
(20) Nephews and nieces only
Divide the entire estate per capita,
observing the 2 is to 1 ratio. [Arts. 975 and
1008, CC]
(21) Other collaterals [Arts. 1009 and 1010]
Divide entire estate per capita. Collateral
relatives must be with the 5th degree of
consanguinity.
Note: the nearer relative excludes the more
remote relatives.
(22) State
If there are no other intestate heirs, the
State inherits the entire estate through
escheat proceedings. [Art. 1011, CC]
IV. Provisions
Common to Testate
and Intestate
Succession
A. RIGHT OF ACCRETION
DEFINITION OF ACCRETION [Art. 1015, CC]
It is a right by virtue of which, when two or
more persons are called to the same
inheritance, devise or legacy, the part
assigned to one who renounces or cannot
receive his share or who died before the
testator is added or incorporated to that of
his co-heirs, co-devisees, or co-legatees.
BASIS
The right of accretion is based upon the
presumed will of the decedent. Thus, the
testator can expressly provide that there
shall be no accretion among persons who
would otherwise be entitled thereto.
Conversely, the testator may validly provide
for accretion in a case where no accretion
would take place under the provisions of the
law. [Tolentino]
REQUISITES [Tolentino p. 497-499]
(a) Unity of object and plurality of subjects
(two or more persons are called to the
same inheritance or same portion
thereof)
(b) Vacancy of share (one of the heirs dies
before the testator, or renounces the
inheritance, or is incapacitated)
W hen does Accretion Occur?
Accretion happens when there is
repudiation, incapacity, or predecease
of an heir. (RIP)
It is the mechanism where the share of an
heir is increased by vacant shares vacated
by heirs who cannot inherit for various
reasons. (Rationale: the decedent
intended to give the property to nobody but
the co-heirs.)
There can only be accretion if there is an
institution of heirs with respect to specific
properties. [Art. 1016, CC]
Among compulsory heirs, there can only be
accretion with respect to the free portion.
There can be no accretion with respect to
the legitimes. [Arts. 1021 and 1018, CC]
The heirs to whom the portion goes by the
right of accretion take it in the same
proportion that they inherit. [Art. 1019, CC]
Exceptions [Balane]
(1) In testamentary succession, if the
testator provides otherwise
(2) If the obligation is purely personal, and
hence intransmissible
The heirs to whom the inheritance accrues
shall succeed to all the rights and
obligations which the heir who renounced
or could not receive it would have had. [Art.
1020, CC]
In testamentary succession, when the right
of accretion does not take place, the vacant
portion of the instituted heirs, if no
substitute has been designated, shall pass
to the legal heirs of the testator, who shall
receive it with the same charges and
obligations. [Art. 1022, CC]
Accretion shall also take place among
devisees, legatees and usufructuaries under
the same conditions established for heirs.
[Art. 1023, CC]
Note: There can be accretion only when there is
no representation, because when there is
representation, by legal fiction, it cannot be said
that there is a vacant portion. [Tolentino]
Effect of Predecease, Incapacity, Disinheritance or Repudiation
Cause of Vacancy Testamentary Succession
Intestate Succession
Legitime Free Portion
Predecease Representation Accretion Representation
Intestate Succession Intestate Succession Intestate
Succession
Incapacity Representation Accretion Representation
Intestate Succession Intestate Succession Intestate Succession
Disinheritance Representation - -
Intestate Succession
Repudiation Intestate Succession Accretion Accretion

B. CAPACITY TO SUCCEED BY WILL (4) Relatives of the priest or minister of the

OR INTESTACY
REQUISITES FOR CAPACITY TO SUCCEED
BY WILL OR BY INTESTACY: [Art. 1024 –
1025, CC]
(a) The heir, legatee or devisee must be
living or in existence at the moment the
succession opens; [Art 1025] and
gospel within the fourth degree, the
church, order, chapter, community,
organization, or institution to which
such priest or minister may belong;
(5) Attesting witness to the execution of a
will, the spouse, parents, or children, or
any one claiming under such witness,
spouse, parents, or children;

(b) He must not be incapacitated or (6) Physician, surgeon, nurse, health officer
disqualified by law to succeed. [Art 1024, or druggist who took care of the testator
par.1] during his last illness.

PERSONS INCAPABLE OF SUCCEEDING Based on m orality or public policy

[Arts. 1027, 739, 1032]
Based on undue influence or interest
[Art. 1027, CC]
(1) Priest who heard the last confession of
the testator during his last illness, or
the minister of the gospel who extended
spiritual aid to him during the same
period;
[Arts. 739 and 1028, CC]
(1) Those made in favor of a person with
whom the testator was guilty of
adultery or concubinage at the time of
the making of the will.
(2) Those made in consideration of a crime
of which both the testator and the
beneficiary have been found guilty.

(2) Individuals, associations and
corporations not permitted by law to
inherit;
(3) Guardian with respect to testamentary
dispositions given by a ward in his favor
before the final accounts of the
guardianship have been approved, even
if the testator should die after the
approval thereof; except if the guardian
is his ascendant, descendant, brother,
sister, or spouse;
(3) Those made in favor of a public officer
or his spouse, descendants and
ascendants, by reason of his public
office.
Based on acts of unworthiness [Art.
1032, CC]
The following are incapable of succeeding
by reason of unworthiness:
(1) Parents who have abandoned their
children or induced their daughters to
 lead a corrupt or immoral life, or
attempted against their virtue;
(2) Any person who has been convicted of
an attempt against the life of the
testator, his or her spouse, descendants,
or ascendants;
(3) Any person who has accused the
testator of a crime for which the law
prescribes imprisonment for six years or
more, if the accusation has been found
groundless;
(4) Any heir of full age who, having
knowledge of the violent death of the
testator, should fail to report it to an
officer of the law within a month, unless
the authorities have already taken
action; this prohibition shall not apply
to cases wherein, according to law,
there is no obligation to make an
accusation;
(5) Any person convicted of adultery or
concubinage with the spouse of the
testator;
(6) Any person who by fraud, violence,
intimidation, or undue influence should
cause the testator to make a will or to
change one already made;
(7) Any person who by the same means
prevents another from making a will, or
from revoking one already made, or who
supplants, conceals, or alters the
latter's will;
(8) Any person who falsifies or forges a
supposed will of the decedent.
Pardon of Acts of Unworthiness
Express Implied
Made by the execution Effected when the
of a document or any testator makes a will
writing in which the instituting the
decedent condones unworthy heir with
the cause of knowledge of the
incapacity cause of incapacity
Cannot be revoked Revoked when the
testator revokes the
will or the institution
Effect of Pardon
Once the act of unworthiness has been
pardoned, whether expressly or tacitly, the
heir is restored to full capacity to succeed
the decedent, as if the cause of
unworthiness had never existed.
Unworthiness vs. Disinheritance
Unworthiness Disinheritance
Unworthiness Disinheritance is the
renders a person act by which a
incapable of testator, for just
succeeding to the cause, deprives a
succession, whether compulsory heir of
testate or intestate his right to the
legitime [Art. 815, CC]
Determ ination of Capacity [Tolentino p.
539]
General Rule: At the death of the
decedent [Art. 1034, CC]
Exceptions:
(1) Those falling under 2, 3, and 5 of Art.
1032 – when the final judgment is
rendered
(2) Those falling under 4 of Art. 1032 –
when the month allowed for the report
expired
(3) If the institution is conditional – when
the condition is complied with
C. ACCEPTANCE AND REPUDIATION
OF THE INHERITANCE
DEFINITION OF ACCEPTANCE
The act by which the person called to
succeed by universal title either by the
testator or by law manifests his will of
making his own the universality of the rights
and obligations which are transmitted to
him. [Tolentino]
DEFINITION OF REPUDIATION
The manifestation by an heir of his desire
not to succeed to the rights and obligations
transmitted to him. [Tolentino]
CHARACTERISTICS [Arts. 1041–1042, 1056,
CC]
(1) Acceptance and repudiation must be
voluntary and free [Art. 1041, CC]
(2) They are irrevocable except if there is
vitiation of consent or an unknown will
appears [Art. 1056, CC]
(3) They have a retroactive effect [Art. 1042,
CC]
REQUISITES [Art. 1043, CC]
(a) Certainty of death of the decedent
(b) Certainty of the right to the inheritance
Acceptance Repudiation
Involves the • Renders the
confirmation of transmission of
transmission of successional rights
successional rights ineffective
• Equivalent to an act
of disposition or
alienation
• Publicity
requirement is
necessary for the
protection of other
heirs and creditors
FORMS OF ACCEPTANCE [Arts. 1049 –
1050, CC]
(1) Express Acceptance – one made in a
public or private document. [Art. 1049
par. 1]
(2) Tacit Acceptance – one resulting
from acts by which the intention to
accept is necessarily implied or from
acts which one would have no right to
do except in the capacity of an heir.
(3) Implied Acceptance - Within thirty
days after the court has issued an order
for the distribution of the estate in
accordance with the Rules of Court, the
heirs, devisees and legatees shall
signify to the court having jurisdiction
whether they accept or repudiate the
inheritance; if they do not do so within
that time, they are deemed to have
accepted the inheritance. [Art 1057, CC]
An inheritance is deemed accepted:
(a) If the heir sells, donates, or assigns
his right to a stranger, or to his co-
heirs, or to any of them – the heir
must first accept the inheritance
before he can dispose of it.
(b) If the heir renounces the same, even
though gratuitously, for the benefit
of one or more of his co-heirs – this
is actually a donation. The heir
must first accept the inheritance
before he can donate it.
(c) If the heir renounces it for a price in
favor of all his co-heirs
indiscriminately – this is actually an
onerous disposition. The heir must
first accept the inheritance before
he can dispose of it.
Note: But if the renunciation should be
gratuitous, and in favor of all the co-heirs (to
whom the portion renounced should devolve by
accretion), the inheritance shall not be deemed
as accepted. [Art. 1050] This is a true case of
renunciation.
FORMS OF REPUDIATION [Art. 1051, CC]
(1) in In a public instrument acknowledged
before a notary public; or
(2) In an authentic document – equivalent
of an indubitable writing or a writing
whose authenticity is admitted or
proved; or
(3) By petition presented to the court
having jurisdiction over the
testamentary or intestate proceeding
HEIRS IN TWO CAPACITIES [Art. 1055, CC]
(1) If a person is called to the same
inheritance as an heir by will and by law
and he repudiates the inheritance in his
capacity as a testamentary heir, he will
be considered to have also repudiated
the inheritance as a legal heir.
(2) If he repudiates it as a legal heir,
without knowledge of his being a
testamentary heir, he may still accept it
in the latter capacity.
IRREVOCABILITY OF ACCEPTANCE OR
REPUDIATION
General Rule: The acceptance or
repudiation of an inheritance, once made, is
irrevocable and cannot be impugned.
Exceptions:
(1) When the acceptance or repudiation
suffers from any of the vices which
annul consent; and
(2) When an unknown will appears. [Art.
1056, CC]
D. COLLATION
CONCEPT OF COLLATION
To collate is to bring back or to return to the
hereditary mass in fact or by fiction property
which came from the estate of the decedent,
during his lifetime by donation or other
gratuitous title but which the law considers
as an advance from the inheritance. [Art.
1061, CC]
It is the act by virtue of which, the
compulsory heir who concurs with other
compulsory heirs in the inheritance brings
back to the common hereditary mass the
property which they may have received from
the testator so that a division may be
effected according to law and the will of the
testator.
In reducing inofficious donations, the last to
be donated should be the first to be reduced.
Rationale for collation: If donations
inter vivos will not be collated, then the rule
on legitimes shall be circumvented or
disregarded.
OPERATIONS RELATED TO COLLATION
(1) Collation – adding to the mass of the
hereditary estate the value of the
donation or gratuitous disposition.
(2) Imputing or Charging – crediting
the donation as an advance on the
legitime (if the donee is a compulsory
heir) or on the free portion (if the donee
is a stranger, i.e., not a compulsory heir).
[Balane, p. 522]
(3) Reduction – determining to what
extent the donation will remain and to
what extent it is excessive or inofficious.
(4) Restitution – returning or the act of
payment of the excess to the mass of
hereditary estate.
PERSONS OBLIGED TO COLLATE
General rule: Compulsory heirs
Exceptions:
(1) When the testator should have so
expressly provided [Art. 1062, CC]
(2) When the compulsory heir should have
repudiated his inheritance [Art. 1062,
CC]
Grandchildren who survive with their uncles,
aunts, or first cousins and inherit by right of
representation [Art. 1064, CC]
Note: Grandchildren may inherit from their
grandparents in their own right, i.e., as heirs
next in degree, and not by right of
representation if their parent repudiates the
inheritance of the grandparent, as no living
person can be represented except in cases of
disinheritance and incapacity. In this case, the
grandchildren are not obliged to bring to
collation what their parent has received
gratuitously from their grandparent.
Surviving spouse is not obliged to collate.
WHAT TO COLLATE
(1) Any property or right received by
gratuitous title during the testator’s
lifetime [Art. 1061, CC]
(2) All that they may have received from the
decedent during his lifetime. [Art. 1061,
CC]
(3) Expenses incurred by the parents in
giving their children a professional,
vocational or other career shall not be
brought to collation unless the parents
so provide, or unless they impair the
legitime; but when their collation is
required, the sum which the child would
have spent if he had lived in the house
and company of his parents shall be
deducted therefrom. [Art. 1068, CC]
(4) Any sums paid by a parent in
satisfaction of the debts of his children,
election expenses, fines, and similar
expenses shall be brought to collation.
[Art. 1069, CC]
Note: Only the value of the thing donated shall
be brought to collation.
PROPERTIES NOT SUBJECT TO
COLLATION
Absolutely no collation
Expenses for support, education (only
elementary and secondary), medical
attendance, even in extraordinary illness,
apprenticeship, ordinary equipment, or
customary gifts [Art. 1067, CC]
Generally not imputable to legitime/
cannot be collated, subject to
exceptions
(1) Expenses incurred by parents in giving
their children professional, vocational or
other career unless the parents so
provide, or unless they impair the
legitime. [Art. 1067, CC]
(2) Wedding gifts by parents and
ascendants, consisting jewelry, clothing
and outfit, except when they exceed
1/10 of the sum disposable by will. [Art.
1070, CC]
(3) Neither shall donations to the spouse of
the child be brought to collation; but if
they have been given by the parent to
the spouses jointly, the child shall be
obliged to bring to collation one-half of
the thing donated. [Art. 1066, CC]
Note: Parents are not obliged to bring to
collation in the inheritance of their ascendants
any property which may have been donated by
the latter to their children. [Art. 1065, CC]
E. PARTITION AND DISTRIBUTION OF
ESTATE
E.1. IN GENERAL
Separate, Divide, Assign. Partition is
the separation, division and assignment of a
thing held in common among those to
whom it may belong. The thing itself or its
value may be divided. [Art. 1079, CC]
Owned in common. Before partition, the
whole estate of the decedent is owned in
common by the heirs. [Art. 1078, CC]
Thing or value may be divided. [Art. 1079]
Acts deemed partition. Every act which
is intended to put an end to indivision
among heirs and legatees or devisees is
deemed a partition, although it should
purport to be a sale, an exchange, a
compromise, or any other transaction. [Art.
1082, CC]
A void partition may be valid if:
(1) The will was in fact a partition
(2) The beneficiaries of the void will were
legal heirs
The titles of acquisition or ownership of
each property shall be delivered to the co-
heir to whom said property has been
adjudicated. [Art. 1089, CC]
JUDICIAL VS. EXTRAJUDICIAL PARTITION
Judicial – Partition done by Court
pursuant to an Order of Distribution which
may or may not be based on a project of
partition.
Extra-judicial – partition made by the
decedent himself by an act inter vivos or by
will or by a third person entrusted by the
decedent or by the heirs themselves. [Paras]
• Partition Inter Vivos: It is one that merely
allocates specific items or pieces of
property on the basis of the pro-indiviso
shares fixed by law or given under the will
to heirs or successors. [Art. 1080, CC]
W ho May Effect Partition
(1) The Decedent, during his lifetime by an
act inter vivos or by will [Art.1080, CC]
(2) The decedent’s heirs [Art.1083, CC]
(3) A competent court [Art. 1083,CC]
(4) A third person not an heir designated
by the decedent [Art.1081, CC]
W ho Can Demand Partition
(1) Compulsory heir
(2) Voluntary heir upon fulfillment of
condition if any [Art. 1084, CC]
(3) Legatee or devisee
(4) Any person who has acquired interest in
the estate
W hen Partition Cannot Be
Dem anded
(1) When expressly prohibited by the
testator for a period not exceeding 20
years [Art. 1083, CC]
(2) When the co-heirs agreed that the
estate shall not be divided for a period
not exceeding 10 years, renewable for
another 10 years
(3) When prohibited by law
(4) When to partition the estate would
render it unserviceable for the use for
which it is intended
Prohibition to Partition
(1) The prohibition to partition for a period
not exceeding 20 years can be imposed
even on the legitime.
(2) If the prohibition to the partition is for
more than 20 years, the excess is void.
(3) Even if a prohibition is imposed, the
heirs by mutual agreement can still
make the partition.
Effects of Inclusion of Intruder in
Partition [Art. 1108, CC]
(1) Between a true heir and several
mistaken heirs – partition is void.
(2) Between several true heirs and a
mistaken heir – transmission to
mistaken heir is void
(1) Through error or mistake, share of true
heir is allotted to mistaken heir –
partition shall not be rescinded unless
there is bad faith or fraud on the part of
the other persons interested, but the
latter shall be proportionately obliged
to pay the true heir of his share. The
partition with respect to the mistaken
heir is void. [Sempio-Dy]
Right of Redemption in Partition
Should any of the heirs sell his hereditary
rights to a stranger before the partition, any
or all of the co-heirs may be subrogated to
the rights of the purchaser by reimbursing
him for the price of the sale, provided they
do so within the period of one month from
the time they were notified in writing of the
sale by the vendor [Art. 1088, CC]
Strangers – those who are not heirs on
the succession.
Legal Redem ption by Co-Heir;
Requisites:
(a) That there are several heirs of the
common inheritance;
(b) That one of them sells his hereditary
rights;
(c) That the sale is made to a stranger, and
before the partition has been made;
(d) That one or more of the co-heirs
demand the repurchase within a period
of one month, counted from the time he
or they were notified in writing of the
sale; and
(e) That the buyer is reimbursed the price
of the sale. [Garcia v. Calaliman]
Note: The redemption can be exercised only by
a co-heir.
E.2. EFFECTS OF PARTITION
Effect
A partition legally made confers upon each
heir the exclusive ownership of the property
adjudicated to him [Art. 1091, CC]
No partition shall be construed so as to
prejudice, defeat, or destroy the right or title
of any person claiming the real estate
involved in the action for partition by title
under any other person, or by title
paramount to the title of the parties among
whom the partition may have been made.
[Rule 69, Sec. 12, ROC]
A judicial partition in probate proceedings
does not bind the heirs who were not parties
thereto. [Tolentino]
W arranty
After the partition has been made, the co-
heirs shall be reciprocally bound to warrant
the title to, and the quality of, each property
adjudicated [Art. 1092, CC]
The reciprocal obligation of warranty shall
be proportionate to the respective
hereditary shares of the co-heirs.
If any one of them should be insolvent, the
other co-heirs shall be liable for his part in
the same proportion, deducting the part
corresponding to the one who should be
indemnified.
Those who pay for the insolvent heir shall
have a right of action against him for
reimbursement, should his financial
condition improve [Art. 1093, CC]
An action to enforce the warranty among
the co-heirs must be brought within ten
years from the date the right of action
accrues. [Art. 1094, CC]
If a credit should be assigned as collectible,
the co-heirs shall not be liable for the
subsequent insolvency of the debtor of the
estate, but only for his insolvency at the
time the partition is made. [Art. 1095, CC]
The warranty of the solvency of the debtor
can only be enforced during the five years
following the partition.
Co-heirs do not warrant bad debts, if so
known to, and accepted by the distributee.
But if such debts are not assigned to a co-
heir, and should be collected, in whole or in
part, the amount collected shall be
distributed proportionately among the heirs.
[Art. 1095, CC]
End of W arranty
The obligation of warranty among co-heirs
shall cease in the following cases:
(1) The testator himself has made the
partition
• Unless it appears, or it may be
reasonably presumed, that his
intention was otherwise, but the
legitime shall always remain
unimpaired.
(2) When it has been so expressly
stipulated in the agreement of partition
• Unless there has been bad faith
(3) When the eviction is due to a cause
subsequent to the partition, or has been
caused by the fault of the distributee of
the property. [Art. 1096, CC]
E.3. RESCISSION AND NULLIFICATION OF
PARTITION
Causes for Rescission or Annulment
(1) A partition may be rescinded or
annulled for the same causes as
contracts. [Art. 1097, CC]
(2) A partition, judicial or extra-judicial,
may also be rescinded on account of
lesion, when any one of the co-heirs
received things whose value is less by at
least one-fourth, than the share to
which he is entitled, considering the
value of the things at the time they were
adjudicated [Art. 1098, CC]
• This article applies only to cases of
partition among-coheirs
• Lesion is the injury suffered in
consequence of inequality of situation
by one party who does not receive the
full equivalent for what she gives in a
sale or any commutative contract
(3) The partition made by the testator
cannot be impugned on the ground of
lesion, except when the legitime of the
compulsory heirs is thereby prejudiced,
or when it appears or may be
reasonably be presumed, that the
intention of the testator was otherwise.
[Art. 1099, CC]
(4) Preterition of a compulsory heir
in the partition [Art. 1104, CC]:
• Partition shall not be rescinded unless
bad faith or fraud on the part of other
heirs is proved.
• The culpable heirs shall share in the
damages of the prejudiced
compulsory heir proportionately.
(5) A partition which includes a person
believed to be an heir, but who is not,
shall be void only with respect to such
person. [Art. 1105, CC]
The action for rescission on account of
lesion shall prescribe after four years from
the time the partition was made. [Art. 1100,
CC]
The heir who is sued shall have the option IMPORTANT PERIODS IN PARTITION
of indemnifying the plaintiff for the loss, or
Testator, if publicly known to
consenting to a new partition 1 month or
be insane, burden of proof is
less before
Indemnity may be made: on the one claiming validity
making a will
(1) By payment in cash or of the will
(2) By the delivery of a thing of the same Maximum period testator can
kind and quality as that awarded to the 20 years prohibit alienation of
plaintiff. dispositions
5 years from
If a new partition is made, it shall affect To claim property escheated
delivery to
neither those who have not been prejudiced to the State
the State
nor those who have not received more than To report knowledge of
their just share [Art. 1101, CC] 1 month violent death of decedent lest
An heir who has alienated the whole or a he be considered unworthy
considerable part of the real property 5 years from
Action for declaration of
adjudicated to him cannot maintain an the time
incapacity & for recovery of
disqualified
action for rescission on the ground of lesion, the inheritance, devise or
person took
but he shall have a right to be indemnified legacy
possession
in cash [Art. 1102, CC]
30 days
The omission of one or more objects or from Must signify
securities of the inheritance shall not cause issuance of acceptance/repudiation
the rescission of the partition on the ground order of otherwise, deemed accepted
of lesion, but the partition shall be distribution
completed by the distribution of the objects 1 month Right to repurchase
or securities which have been omitted. [Art. form written hereditary rights sold to a
1103, CC] notice of sale stranger by a co-heir
To enforce warranty of
DIFFERENCE OF NULLITY FROM title/quality of property
RESCISSION 10 years adjudicated to co-heir from
the time right of action
Nullity – the act is supposed to never have accrues
existed To enforce warranty of
5 years from solvency of debtor of the
Rescission – the act is valid at the origin
partition estate at the time partition is
though it afterwards became ineffective
made
4 years from Action for rescission of
partition partition on account of lesion