Art. 946.

If the thing bequeathed should be subject to a usufruct, the legatee or

devisee shall respect such right until it is legally extinguished. (jt/joline)

Bimb entered into an agreement with Kris that Bimb may till the land that Kris owns
for 5 years. After 3 years, Kris died. Now, the heirs of Kris goes to Bimb wanting
to retrieve the use of the land. Can they?
1. Yes, because the usufruct was extinguished upon Kris’ death
2. No, because there was notice prior to the retrieval
3. No, because the usufruct is not yet extinguished

Art. 947. The legatee or devisee acquires a right to the pure and simple legacies
or devises from the death of the testator, and transmits it to his heirs.
(jt/joline)

Aga is CEO of a real estate company. He worries about the future position of his
son, B, in the company as he is always out and about doing God knows what. The
Board of Directors are already worrying about the company’s future just in case it
will be left in Balong’s hand. To remedy the situation, Aga wrote a will leaving
certain real properties to majority of the stockholders with a condition that they
will get such devises if by the time Balong becomes 30, he still does not have his
act together. Aga died when Balong was 28 years old. Two years after B is now
playing an active part in managing the company. Chocolate, one of the stockholder
named in the will died. Now, the heirs of C filed for probate of his will which
includes the property Aga bequeathed to him. Balong opposed. Will Balong’s
opposition prosper?
1. Yes, because the condition in the will was not fulfilled
2. Yes, because the heirs of Chocolate has no right over the property
3. No, because the heirs of Balong deserves the property

Art. 948. If the legacy or device is of a specific and determinate thing pertaining
to the testator, the legatee or devisee acquires the ownership thereof upon the
death of the testator, as well as any growing fruits, or unborn offspring of
animals, or uncollected income; but not the income which was due and unpaid before
the latter's death.
From the moment of the testator's death, the thing bequeathed shall be at the risk
of the legatee or devisee, who shall, therefore, bear its loss or deterioration,
and shall be benefited by its increase or improvement, without prejudice to the
responsibility of the executor or administrator. - Dims/Doms

Alberto has named Bernarda as a legatee, leaving him with a beautiful house and lot
he owns along Perea Street. During the time it was still owned by Alberto, the
market value was at rock bottom after people found out the last occupant, Rod, is a
DDS keyboard warrior. Before the death of Alberto, the house started becoming a
prime spot, especially for the millenials, gaining a lot of income through social
media platforms. However, Bernarda passed away shortly after. Rod, being filled
with grief, finally decided to pay the extremely overdue rent from his stay at the
house. Decide on the acquisition of the income and the rent.
1. Bernarda acquires both the rent and the income
2. The estate receives both the rent and income
3. Bernarda acquires the income, the estate receives the rent
4. Bernarda acquires the rent, the estate receives the income
Art. 949. If the bequest should not be of a specific and determinate thing, but is
generic or of quantity, its fruits and interests from the time of the death of the
testator shall pertain to the legatee or devisee if the testator has expressly so
ordered. - Pajo

Freddie Mercury is an OPM artist who loves Mary Austin, a Filipina he met in before
his first gig. Freddie Mercury wrote and co-wrote many musical hits. He was
diagnosed with AIDS and he was only given a few years to live. He was given
medication to slow down the virus. Before he quit the medication the virus, he
wrote a will stating that any of his love songs or musical works shall be
bequeathed to Mary Austin. He died due to bronchial pneumonia due to aids. He died
in 1991. His will is submitted to probate in RTC QC in 1992.

During the execution of the will, Mary Austin choose the song “Love of My Life” in
1993. The song was released on 1975. From what year should she claim her interest
from the song?
1. 1975
2. 1991
3. 1992
4. 1993

Later, Mary Austin found a codicil of Freddie. It stated that all the fruits and
interests of the chosen song of Mary will begin upon his death. From what year will
Mary Austin count for the interests?
1. 1975
2. 1991
3. 1992
4. 1993

Art. 950. If the estate should not be sufficient to cover all the legacies or
devises, their payment shall be made in the following order:
(1) Remuneratory legacies or devises;
(2) Legacies or devises declared by the testator to be preferential;
(3) Legacies for support;
(4) Legacies for education;
(5) Legacies or devises of a specific, determinate thing which forms a part of the
estate;
(6) All others pro rata.
* Uy

Q: When is Article 950 applied?

1. When the legitime of a compulsory heir is impaired.
2. When the estate does not have sufficient assets to pay all legacies and devises,
considering that there is a compulsory heir.
3. The testator did not give various legacies and devises.
4. Insufficient assets to pay legacies and devises and there is no compulsory heir.

Notes on Art 950:

Article 950 is irrelevant if after the payment of all claims against the
estate, the estate tax, and the expenses of administration, the residual estate is
sufficient to pay all the legacies and devises made by the testator in his will. If
the testator is survived by compulsory heirs, the order of preference in the
distribution of the estate is governed by Art 911.
It’s requisites are: (1) the testator gave various legacies and devises;
(2) the estate does not have sufficient assets to pay all these legacies and
devises after the payment of the claims against the estate; (3) the testator has no
compulsory heir.

Remuneratory legacies and devises:

A remuneratory gift is one that is given by the testator to the recipient
in recompense for past meritorious services which do not give rise to a demandable
debt. The priority given is evident from its avowed purpose - to reward the
recipient. E.g. a Doctor saving the testator’s life in time of emergency. The
testator may, in recompense for the doctor’s unsolicited assistance, give a
remuneratory legacy or devise. To be considered remuneratory, the testator must
expressly declare it to be so in the will. Otherwise, the legacy or devise must be
considered simple, making it fall under either 5th or 6th.
Preferential legacies and devises:
Legacies and devises expressly declared by the testator to be preferential.
This does not require that the testator state the reason.
Legacies for support:
The nature of support, for sustenance and dwelling, it is discernible why
the law gives such preference.
Legacies for education:
This is self explanatory.
Legacies and devises of specific things:
This is because the testator manifestly express his intention to give that
specific thing particularly and exclusively to the legatee or devisee so that the
latter may enjoy the fruits and benefits thereof to the exclusion of all others.
E.g. My collections hidden under my bed to my eldest sexiest son, Leo.
Payment of Legacies and Devises
Others… pro rata

Art. 951. The thing bequeathed shall be delivered with all its accessions and
accessories and in the condition in which it may be upon the death of the testator.
- calvo

Accessions are fruits (natural, industrial, and civil) of, or additions to, or
improvements upon a principal thing

Accessories are things joined to, or included with , the principal thing for the
latter’s embellishment, better use, or completion.

Art. 1166. The obligation to give a determinate thing includes that of delivering
all its accessions and accessories, even though they may not have been mentioned.

Santos v. Buenaventura (September 22, 1966) Although in her petition for delivery
of a specific legacy, appellant did not expressly seek recovery of the fruits or
rents of the property given to her in devise, she should receive the said fruits or
rents. Article 948 of the New Civil Code provides that a devise of a specific thing
includes its fruits and income accruing after the testator's death. And Article 951
of the same Code provides that these fruits and income shall be delivered with the
thing devised.

Question:
The Accessories and accession together with the thing bequeathed will be delivered:
1. Upon the Execution of the will
2. Upon the death of the testator
3. Upon order of the court

Art. 952. The heir, charged with a legacy or devise, or the executor or
administrator of the estate, must deliver the very thing bequeathed if he is able
to do so and cannot discharge this obligation by paying its value.

Legacies of money must be paid in cash, even though the heir or the estate may not
have any.
The expenses necessary for the delivery of the thing bequeathed shall be for the
account of the heir or the estate, but without prejudice to the legitime. -
(Balquiedra)
Q: Can A the heir refuse to let go of the thing bequeathed and replace it with
cash?
1. Yes, the heir can refuse to give the thing bequeathed
2. No, the heir must give the thing bequeathed
3. The Court decides
Q: Where should A the heir take the expenses for the delivery of the thing
bequeathed from?
1. A’s legitime
2. The account of A the heir
3. The account of A the heir or the estate

Art. 953. The legatee or devisee cannot take possession of the thing bequeathed
upon his own authority, but shall request its delivery and possession of the heir
charged with the legacy or devise, or of the executor or administrator of the
estate should he be authorized by the court to deliver it. - Uy

Q: When can a beneficiary take possession of a thing?

1. At the moment of death of the testator/decedent.
2. Before the death.
3. After debts have been paid.
4. After legitimes have been determined.

Notes on Art 953:

In Art 777, the rights to the succession are transmitted from the moment of
the death of the decedent. Ownership, however, should not be confused with
possession.

Art. 954. The legatee or devisee cannot accept a part of the legacy or devise and
repudiate the other, if the latter be onerous.
Should he die before having accepted the legacy or devise, leaving several heirs,
some of the latter may accept and the others may repudiate the share respectively
belonging to them in the legacy or devise. - coronel

Q: Acceptance of legacies may be:

1. Total
2. Partial
3. Both A or B

Q: The legacy/devise is partly onerous and partly gratuitous. Which of the

following actions of the recipient cannot be permitted?
1. Accept the onerous part renounce the gratuitous part
2. Accept the gratuitous part and renounce the onerous part
3. Accept neither the onerous part and the gratuitous part

Art. 955. The legatee or devisee of two legacies or devises, one of which is
onerous, cannot renounce the onerous one and accept the other. If both are onerous
or gratuitous, he shall be free to accept or renounce both, or to renounce either.
But if the testator intended that the two legacies or devises should be inseparable
from each other, the legatee or devisee must either accept or renounce both. Any
compulsory heir who is at the same time a legatee or devisee may waive the
inheritance and accept the legacy or devise, or renounce the latter and accept the
former, or waive or accept both. (leo)

Q: Al, the testator, is survived by three compulsory heirs: his children, Ben and
Leticia, and Barbara, his wife. In his will, Al’s only disposition is a legacy in
favour of Barbara, for the sum of PhP 30 million, in consideration of putting up
with him for all that time. At the time of his death, Al’s net estate was PhP 90
million. Barbara repudiated the legacy in her favour, on the ground that she had
not actually had to “put up” with Al, since she loved him and enjoyed all their
time together.

What is Barbara’s share of Al’s estate?

A. PhP 22.5 million, or half of what Ben & Leticia, as descendants, would receive.
B. PhP 45 million, or the remainder of the estate after allocating Ben & Leticia’s
legitime.
C. None, she repudiated all her participation in Al’s estate.
D. PhP 30 million, in equal participation with the other compulsory heirs.

Art. 956. If the legatee or devisee cannot or is unwilling to accept the legacy or
devise, or if the legacy or devise for any reason should become ineffective, it
shall be merged into the mass of the estate, except in cases of substitution and of
the right of accretion. (Cha)
Q: Shonda, single and without any heir, refused to accept the legacy bequeathed to
her by her father because she harboured hurt over her father stealing her
boyfriend, Jon, when he was living. Where will her supposed legacy go?
Choices:
1. To Jon, because the father loved him so
2. To Shonda anyways because it is her right and she cannot refuse the same
3. To the mass of the estate
4. To the State

Art. 957. The legacy or devise shall be without effect:

(1) If the testator transforms the thing bequeathed in such a manner that it does
not retain either the form or the denomination it had;
(2) If the testator by any title or for any cause alienates the thing bequeathed or
any part thereof, it being understood that in the latter case the legacy or devise
shall be without effect only with respect to the part thus alienated. If after the
alienation the thing should again belong to the testator, even if it be by reason
of nullity of the contract, the legacy or devise shall not thereafter be valid,
unless the reacquisition shall have been effected by virtue of the exercise of the
right of repurchase;
(3) If the thing bequeathed is totally lost during the lifetime of the testator, or
after his death without the heir's fault. Nevertheless, the person obliged to pay
the legacy or devise shall be liable for eviction if the thing bequeathed should
not have been determinate as to its kind, in accordance with the provisions of
Article 928. (Jem)

Q: In her will, Rose bequeathed the necklace, Heart of the Ocean, to her
granddaughter, Lizzy. However, at the time of her death, the necklace’s diamond
pendant had been separated from the chain, crushed into several pieces, and reset
in a tiara. Can Lizzy claim the tiara as a device in her favor?
1. Yes, the tiara is merely a different form of what had been bequeathed her.
2. Yes, Rose intended that Lizzy receive the Heart of the Ocean in whatever form or
condition it may be in at the time of her death
3. No, the tiara is separate and distinct from the Heart of the Ocean bequeathed
4. No, the transformation of the Heart of the Ocean resulted in the loss of its
form so as to invalidate the legacy.

Q: On June 30, 2018, Hugo Crain entered into a pacto de retro sale of his Forbes
Park property in favor of William Hill. Upon his death on September 29, 2018, it
was discovered that he had left a Will stipulating among others a devise of the
aforementioned Forbes Park Property in favor of his favorite daughter, Nell. Nell
brought an action to redeem the property on October 9, 2018. Will the action
prosper?
1. No, the sale cannot be impugned after Hugo’s death.
2. No, the sale must be presumed as a revocation of the devise in favor of Nell.
3. Yes, Nell can redeem the property under the conditions of the pacto de retro
sale.
4. Yes, Nell can redeem the property provided the period to redeem has not yet
lapsed.

Q: In his will, Chidi bequeathed his professional library consisting of, among
others, the first editions of The Complete Works of Immanuel Kant, Machiavelli, and
St. Thomas Aquinas, to his sister-in-law, Tahani. All of these books had been
appraised by a collector recently. A month before Chidi’s death, lightning struck a
tree by his home, sparking a fire that destroyed his entire library. Tahani later
brought an action to recover from his estate the value of the professional library
as appraised by the collector. Will her action prosper?

1. Yes, Tahani is entitled to the value of the legacy bequeathed her.

2. Yes, Chidi intended Tahani to receive his professional library in whatever form
they may be at the time of his death.
3. No, Tahani must bear the loss of the legacy due to a fortuitous event.
4. No, the loss of the professional library in the fire operates as a revocation of
the legacy.

Art. 958. A mistake as to the name of the thing bequeathed or devised, is of no

consequence, if it is possible to identify the thing which the testator intended to
bequeath or devise. - JT
Joline bequeathed a property in Walnut Creek to JT addressed at 111 1st Street. JT,
however, claimed that no property exists and the property in Walnut Creek only
starts at 112 1st Street.

What is the effect if there is a mistake as to the name of the thing bequeathed or
devised?
a. Is of no consequence, if it is possible to identify the thing which the
testator intended to bequeath or devise.
b. Is of no consequence, however, the mistake or ambiguity be resolved in order
to give effect to the testamentary disposition.
c. The devise or legacy is considered passed onto the next person on the will.
d. The devise or legacy is returned to the estate and forms part of the
legitime.

Art. 959. A disposition made in general terms in favor of the testator's relatives
shall be understood to be in favor of those nearest in degree. (jt/joline)

“I bequeath my properties in Baguio to my relatives”

A disposition made in general terms in favor of the testators relatives shall be
understood to be in the favor of

a. Nephews and nieces

b. The furthest degree
c. First cousin
d. The nearest degree