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SUCCESSION
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) Kinds: 1. Testamentary or Testacy (by will); 2. Legal or intestacy (by operation of law based on the decedents presumed will); 3. Mixed (Partly Testamentary and Legal); and 4. Partition inter vivos (to a certain degree). Elements: 1. DECEDENT (subjective element) 2. SUCCESSORS (subjective element) a. Heirs - those who are called to the whole or to an aliquot portion of the inheritance either by will or by operation of law 1) Voluntary those instituted by the testator in his will, to succeed to the inheritance or the portion thereof of which the testator can freely dispose. 2) Compulsory or Forced those who succeed by force of law to some portion of the inheritance, in an amount predetermined by law, known as the legitime. 3) Legal or Intestate 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. b. Devisees or legatees - persons to whom gifts of real or personal property are respectively given by virtue of a will NOTE: The distinctions between heirs and devisees/legatees are significant in these cases: 1. Preterition (pretermission) 2. Imperfect disinheritance 3. After-acquired properties 4. Acceptance or nonrepudiation of the successional rights. 3. DEATH OF THE DECEDENT (casual element) Moment when rights to succeed are transmitted (Art 777) However, a person may be presumed dead for the purpose of opening his succession (see rules on presumptive death). In this case, succession is only of provisional character because there is always the chance that the absentee may still be alive. 4. Inheritance (objective element); NOTE: Whatever may be the time when actual transmission takes place, succession takes place in any event at the moment of the decedents death. (Lorenzo vs. Posadas 64 Phil 353) SUCCESSION
Refers to the legal mode by which inheritance is transmitted to the persons entitled to it
INHERITANCE
Refers to the universality or entirety of the property, rights and obligations of a person who died
Inheritance includes: 1. PROPERTY, RIGHTS AND OBLIGATIONS NOT EXTINGUISHED BY DEATH General rules on rights and obligations extinguished by his death a) Rights which are purely personal are by their nature and purpose intransmissible for they are extinguished by death (e.g. those relating to civil personality, family rights, discharge of office).
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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I. TESTAMENTARY SUCCESSION
A. CONCEPT 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) NOTE: Thus, a document that does not purport to dispose of ones estate either by the institution of heirs or designation of devisees/legatees or, indirectly, by effecting a disinheritance, is not to be governed by the law on testamentary succession but by some other applicable laws. Kinds of Wills: 1. Notarial or ordinary 2. Holographic Characteristics of a Will: 1. UNILATERAL 2. STRICTLY PERSONAL ACT - The disposition of property is solely dependent upon the testator. NOTE: The following acts MAY NOT be left to the discretion of a third person: (Article 785, 787 Civil Code) duration or efficacy of the designation of heirs, devisees or legatees; determination of the portions which they are to take, when referred to by name; and
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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by him to write his name and the instrumental witnesses of the will on each and every page thereof, except the last, on the left margin; Exceptions to the rule that all of the pages of the will shall have to be signed on the left margin by the testator and witnesses:: (1) in the last page, when the will consists of two or more pages; (2) when the will consists of only one page; (3) when the will consists of two pages, the first of which contains all the testamentary dispositions and is signed at the bottom by the testator and the witnesses and the second contains only the attestation clause duly signed at the bottom by the witnesses. The inadvertent failure of one witness to affix his signature to one page of a testament, due to the simultaneous lifting of two pages in the course of signing, is not per se sufficient to justify denial of probate (Icasiano vs. Icasiano II SCRA 422). d. PAGE NUMBERINGS Written correlatively in letters placed on the upper part of each page; NOTE: This is not necessary when all of the dispositive parts of a will are written on one sheet only. e. ACKNOWLEDGMENT Done before a notary public by the testator and the instrumental witnesses. NOTE: The notary public before whom the will was acknowledged cannot be considered as the third instrumental witness since he cannot acknowledge before himself his having signed the will. If the third witness were the notary public himself, he would have to avow, assent, or admit his having signed the will in front of himself. To allow such would have the effect of having only two attesting witnesses to the will which would be in contravention of Arts. 805 and 806. (Cruz vs. Villasor 54 SCRA 31)
SUBSCRIPTION
1. an act of the hand 2. mechanical act 3. purpose is identification
c. MARGINAL SIGNATURES affixed by the testator or the person requested CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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Effects of defects or imperfections in the Attestation Clause: If the defect of the attestation clause goes into the very essence of the clause itself or consists in the omission of one, some, or all of the essential facts, and such omission cannot be cured by an examination of the will itself, the defect is substantial in character, as a consequence of which the will is invalidated.
faith, forgery, fraud, or undue and improper pressure and influence, defects and imperfections in the form of attestation or in the language used therein shall not render the will invalid if it is proved that the will was in fact executed and attested in substantial compliance with Art. 805 (formal requirements). This is known as the DOCTRINE OF LIBERAL INTERPRETATION (Art. 809)
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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REVOCATION An act of the mind, terminating the potential capacity of the will to operate at the death of the testator, manifested by some outward or visible act or sign, symbolic thereof. Such right to revoke a will cannot be waived or restricted. LAWS WHICH GOVERN REVOCATION (ART 829) 1. If the revocation takes place in the Philippines, whether the testator is domiciled in the Philippines or in some other country, it is valid when it is in accordance with the laws of the Philippines 2. If the revocation takes place outside the Philippines, by a testator who is CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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H. ALLOWANCE AND DISALLOWANCE OF WILLS PROBATE A special proceeding mandatorily required for the purpose of establishing the validity of a will. The statute of limitations is not applicable to probate of wills. Questions determinable by the probate court: (ICE) 1. identity of the will; 2. testamentary capacity of the testator at the time of the execution of the will; and 3. due execution of the will.
REVIVAL
1. Takes place by operation of law. 2. Restores revoked will a
GENERAL RULE: In probate proceeding, the courts area of inquiry is limited to an examination of, and resolution on the extrinsic validity if the will, the due execution thereof, the testatrixs testamentary capacity and the compliance with the requisites or solemnities prescribed by law. The probate court cannot inquire into the intrinsic validity of testamentary provisions.
REVIVAL The restoration to validity of a will previously revoked by operation of law (implied revocation). PRINCIPLE OF INSTANTER The express revocation of the first will renders it void because the revocatory clause of the second will, not being testamentary in character, operates to revoke the previous will instantly upon the execution of the will containing it. NOTE: In implied revocation, the first will is not instantly revoked by the second will because the inconsistent testamentary dispositions of the latter do not take effect immediately but only after the death of the testator. CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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DISALLOWANCE
1. given by judicial decree. 2. must always be for a legal cause. 3. always total except: when the ground of fraud or influence for example affects only certain portions of the will.
I. INSTITUTION OF HEIRS (ARTS. 840-856) INSTITUTION An act by virtue of which a testator designates in his will the person or persons who are to succeed him in his property and transmissible rights and obligations. (Art 840) The proper test in order to determine the validity of an institution of heir is the possibility of finally ascertaining the identity of
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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necessary to cover the legitime of SS. (Tolentino) EFFECT OF PREDECEASE --an heir who dies before the testator shall transmit no right to his own heirs (rule is absolute with respect to a voluntary heir) --what is transmitted to the representatives of compulsory heir is his right to the legitime and not to the free portion EFFECT OF INCAPACITY --A voluntary heir who is incapacitated to succeed from testator shall transmit no right to his own heirs. --compulsory heir may be represented, but only with respect to his legitime EFFECT OF REPUDIATION --whether voluntary or compulsory, the heir who repudiates his inheritance cannot transmit any right to his own heirs. J. SUBSTITUTION OF HEIRS (ARTS 857-870) SUBSTITUTION The act by which the testator designates the person or persons to take the place of the heir or heirs first instituted (Tolentino). It may be considered as a subsidiary and conditional institution. Kinds: 1. Simple or Common (that which takes place when the testator designates one or more persons to substitute the heirs/s instituted in case such heir/s should die before him, or should not wish, or should be incapacitated to accept the inheritance) 2. Brief or Compendious: brief (there are two or more persons designated by the testator to substitute for only one heir), compendious (one heir is designated to take the place of two or more heirs) Instances when substitution takes place: a. instituted heir predeceases the testator;
DISINHERITANCE
1. deprivation of a compulsory heir of his legitime is express. 2. voluntary. always
Where the deceased left no descendants, legitimate or illegitimate, but she left forced heirs in the direct ascending lineher parents, and her holographic will does not explicitly disinherit them but simply omits them altogether, the case is one of preterition of parents, not a case of ineffective disinheritance. (Nuguid vs. Nuguid 17 SCRA 449) NOTE: Preterition of the surviving spouse (SS) does not entirely annul the institution of the heir since SS is not a compulsory heir in the direct line. However, since Article 842 protects the legitime of the SS, the institution is partially annulled by reducing the rights of the instituted heir to the extent CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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LIMITATIONS:
1. The testator cannot impose any charge, burden, encumbrance, condition, or substitution whatsoever upon the legitime of compulsory heirs. 2. Impossible conditions and those contrary to law or good customs are presumed to have been imposed erroneously or through oversight, thus, are considered as not imposed. 3. An absolute condition not to contract a first marriage is always void and will be considered as not written. 4. An absolute condition not to contract a subsequent marriage is generally void, unless imposed upon a widow or widower by the deceased spouse or by the latters ascendants or descendants. Even so, however, the legitime of the surviving spouse cannot be impaired. An absolute condition not to contract marriage when validly imposed is resolutory in character. Consequently, if the testator institutes his wife as heir subject to the condition that she will never marry again, she immediately acquires a right to the inheritance upon the death of testator, but if
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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3.
3.
In default of the foregoing, illegitimate parents only (IP) Surviving spouse (SS)
4.
4.
NOTES: See Sections 17 & 18 of R.A. 8552. By force of the Family Code, adopted children are deemed legitimate children of the adopters. By force of the Family Code, IC without distinction and so long as their filiation is duly established or proved in accordance with law, are each entitled to 1/2 of the legitime of a LC, thus abrogating the 5:4 ratio between natural and nonnatural IC. RULES: 1. Direct descending line a. Rule of preference between lines b. Rule of proximity c. Right of representation ad infinitum in case of predecease, incapacity, or disinheritance (LC: LD only; IC: both LD and ID) d. If all the LC repudiate their legitime, the next generation of LD succeed in their own right 2. Direct ascending line a. Rule of division by lines b. Rule of equal division 3. Non-impairment of legitime TABLE OF LEGITIMES SURVIVOR LEGITIME
LC
NOTES
Divide by the # of LC, whether they survive alone or with concurring CH.
2.
2.
1 LC SS 2 or more LC
equal to 1
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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IP SS
LPA
1/8
SS IC SS
1/3 1/3 1/3 if marriage is in articulo mortis and deceased spouse dies within 3 mos. after the marriage.
STEPS IN DETERMINING THE LEGITIME OF COMPULSORY HEIRS: 1. Determination of the gross value of the estate at the time of the death of the testator; 2. Determination of all debts and charges which are chargeable against the estate; 3. Determination of the net value of the estate by deducting all the debts and charges from the gross value of the estate; 4. Collation or addition of the value of all donations inter vivos to the net value of the estate; 5. Determination of the amount of the legitime from the total thus found; 6. Imputation of the value of all donations inter vivos made to compulsory heirs against their legitime and of the value of all donations inter vivos made to strangers against the disposable free portion and restoration to the hereditary estate if the donation is inofficious; and 7. Distribution of the residue of the estate in accordance with the will of the testator COLLATION 1. Fictitious mathematical process of adding the value of the thing donated to the net value of the hereditary estate (Art. 908 and Arts. 1061-1077). 2. Act of charging or imputing such value against the legitime of the
IP
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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expentancy to the reservable property during pendency of the reserve in its uncertain and conditional form. If he dies before the reservista, he has not transmitted anything, but if he survives such reservista, the transmission shall become effective. of a reserva. In case of testate succession, only the legitime passes by operation of law. The propositus may, by will, opt to give the legitime of his ascendant without
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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PRETERITION
1. The person omitted must be a compulsory heir in the direct line 2. Always implied 3. May intentional unintentional be or
Common Causes for Disinheritance of children or descendants, parents or ascendants, and spouse: 1. When the heir has been found guilty of an attempt against the life of the testator, his/her descendants or ascendants, and spouse in case of children and parents; 2. When the heir has accused the testator of a crime for which the law prescribes imprisonment for 6 years or more, if the accusation has been found groundless; 3. When the heir by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made; 4. Refusal without justifiable cause to support the testator who disinherits such heir. Peculiar Causes for Disinheritance 1. Children/Descendants: a. When the child/descendant has been convicted of adultery or concubinage with the spouse of the testator; b. Maltreatment of the testator by word or deed by the child/descendant; c. When the child/descendant leads a dishonorable or disgraceful life; Conviction of a crime which carries with it a penalty of civil interdiction.
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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Effective
9. Already belonged to the legatee or devisee at the time of the execution of the will even though it may have been subsequently alienated by him 10.Testator had knowledge that the thing bequeathed belonged to a third person and the legatee/devisee acquired the property gratuitously after the execution of the will 11.Testator had knowledge that the thing bequeathed belonged to a third person and the legatee/devisee acquired the property by onerous title
Ineffective
Revoked
ART. 911
Effective Order of preference: (LIPO) 1. Legitime of compulsory heirs 2. Donations inter vivos 3. Preferential legacies or devices 4. All other legacies or devices pro rata
ART. 950
Order of preference: (RPSESO) 1. Remuneratory L/D 2. Preferential L/D 3. L for support 4. L for education 5. L/D of a specific, determinate thing which forms a part of the estate All others pro rata
Void
Effective
Application: Ineffective (1) When the reduction is necessary to preserve the legitime of compulsory heirs from impairment whether there are
Application: (1) When there are no compulsory heirs and the entire estate is distributed by the testator as legacies or devises; or
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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donations inter vivos or not; or (2) When, although, the legitime has been preserved by the testator himself there are donations inter vivos.
(2) When there are compulsory heirs but their legitime has already been provided for by the testator and there are no donations inter vivos.
That which is effected by operation of law in the absence or default of a will. CAUSES OF INTESTACY 1. If a person dies without a will, or with a void will, or one which has subsequently lost its validity; 2. Absence of an institution of heir; 3. Partial institution of heir. In such case, intestacy takes place as to the undisposed portion (mixed succession); 4. Non-fulfillment of suspensive condition attached to the institution of heir; 5. Predecease of the instituted heir; 6. Repudiation by the instituted heir; 7. Incapacity of instituted heir; 8. Preterition. Intestacy may be total or partial depending on whether or not there are legacies/devises; 9. Fulfillment of resolutory condition; 10. Expiration of term or period of institution; 11. Non-compliance or impossibility of compliance with the will. NOTE: In all cases where there has been an institution of heir, follow the I.S.R.A.I. order of Justice Paras. If the Institution fails, Substitution occurs. 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. The right of Accretion applies to the free portion when the requisites in Art. 1016 are present. If there is no substitute, and the right of Representation or Accretion does not apply, the rules on Intestate succession shall take over. A. RULES 1. Rule of Preference between lines Those in the direct descending line shall exclude those in the direct ascending and collateral lines, and those in the direct ascending line shall, in turn,
NOTES: In case of reduction in the above cases, the inverse order of payment should be followed.
exclusively among legatees and devisees themselves, Article 950 governs; but when there is a conflict between compulsory heirs and devisees and legatees, Article 911 applies.
GROUNDS FOR REVOCATION OF LEGACIES AND DEVISES (ART 957) 1. Testator transforms the thing bequeathed in such a manner that it does not retain either the form or the denomination it had. 2. 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 alienated. Except: when the thing should again belong to the testator after alienation. 3. Thing bequeathed is totally lost during the lifetime of the testator, or after his death without the heirs fault 4. Other causes: nullity of the will; noncompliance with suspensive conditions affecting the bequests; sale of the thing to pay the debts of the deceased during the settlement of his estate. NOTE: LIST IS NOT EXCLUSIVE CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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2.
3.
4.
5.
NOTE: In case of a disposition made in general terms under Article 959, only the Rule of Proximity applies. B. RELATIONSHIP (ARTS. 963 969) 1. Number of generations determines proximity. 2. Each generation forms a degree. 3. A series of degrees forms a line. 4. A line may be direct or collateral. A direct line is that constituted by the series of degrees among ascendants and descendants (ascending and descending). 5. A collateral line is that constituted by the series of degrees among CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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INTESTATE SHARE
Entire estate 1/2 1/2 (Diongson vs. Cinco, 74 SCRA 118) Consider SS as 1 LC, then divide estate by total number. 1/2 1/2 1/2 1/4 1/4 1/2 1/2 (The law is silent. Apply concurrence theory.) 1/2 1/2 First, satisfy legitimes. Estate would be insufficient. Reduction must be made according to the rules on legitimes. The legitimes of LCD and SS shall always be first satisfied in preference to the ICD. First, satisfy legitimes. There would be an excess in the estate. Distribute such excess in
2 or more LC SS IC
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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6. 7. 8. 9.
b. OR: when they do not concur with aunts and uncles. ICD of legitimates cannot represent because of the barrier, but both the ICD and LCD of illegitimates can. There can be reserva troncal in intestate succession. A renouncer can represent, but cannot be represented. A person who cannot represent a near relative cannot also represent a relative farther in degree.
1/3
1/3 1/3
OR
Succession that is effected partly by will and partly by operation of law. RULES: 1. The law of legitimes must be brought into operation in partial intestacy, because the testamentary dispositions can affect only the disposable free portion but never the legitimes. 2. If among the concurring intestate heirs there are compulsory heirs, whose legal or intestate portions exceed their respective legitimes, then the amount of the testamentary disposition must be deducted from the disposable free portion, to be borne by all the intestate heirs in the proportions that they are entitled to receive from such disposable free portion as intestate heirs. 3. If the intestate share of a compulsory heir is equal to his legitime, then the amount of the testamentary disposition must be deducted only from the intestate shares of the others, in the proportions stated above. 4. If the testamentary dispositions consume the entire disposable free portion, then the intestate heirs who are compulsory heirs will get only their legitime, and those who are not compulsory heirs will get nothing.
CARDINAL PRINCIPLES OF INTESTATE SUCCESSION (Justice Paras) 1. Even if there is an order of intestate succession, the Compulsory Heirs (CH) are never excluded. The Civil Code follows the concurrence theory, not the exclusion theory. 2. Right of Representation (RR) in the collateral line occurs only in intestate succession, never in testamentary succession because a voluntary heir cannot be represented (collateral relatives are not CH). 3. The intestate shares are either equal to or greater than the legitime. 4. GENERAL RULE: Grandchildren always inherit by RR, provided representation is proper. EXCEPTION: Whenever all the children repudiate, the grandchildren inherit in their own right because RR would not be proper. 5. Nephews and nieces inherit either by RR or in their Own Right (OR). a. RR: when they concur with aunts and uncles (provided that RR is proper)
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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none, the others inherit in their own right. (b) In case of incapacity, results are the same as in predecease. (c) In case of disinheritance, results are the same as in predecease. (d) In case of repudiation by an heir, the others inherit in their own right. (2) Disposable free portion: Accretion takes place when requisites are present; but if such requisites are not present, the others inherit in their own right. (B) In intestate succession: (1) In case of predecease, there is representation if there are children or descendants; if none, the others inherit in their own right. (2) In case of incapacity, results are the same as in predecease. (3) In case of repudiation, there is always accretion. B. CAPACITY TO SUCCEED BY WILL OR BY INTESTACY (ARTS. 1024 1040) Requisites: 1. The heir, legatee/devisee must be living or in existence at the moment the succession opens; and 2. He must not be incapacitated or disqualified by law to succeed. THE FOLLOWING ARE INCAPABLE OF SUCCEEDING: A. Based on Undue Influence or Interest: (PIGRAP) 1. Priest who heard the confession of the testator during his last illness, or the minister of the gospel who extended spiritual aid to him during the same period; 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
Summary: (A) In testamentary succession: (1) Legitime: (a) In case of predecease of an heir, there is representation if there are children or descendants; if CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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C. ACCEPTANCE AND REPUDIATION OF INHERITANCE (ARTS. 1041 1057) Characteristics: (VIR) 1. Voluntary and free 2. Irrevocable, except if there is vitiation of consent or an unknown will appears 3. Retroactive Requisites: 1. certainty of the death of decedent 2. certainty of the right to inheritance the the
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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is such by will and by law, and he repudiates the inheritance as a testamentary heir, will be considered to have repudiated the inheritance as a legal heir. But when an heir repudiates as a legal heir, he may later on accept as a testamentary heir.
D. COLLATION (ARTS. 1061-1077) Every compulsory heir, who succeeds with other compulsory heirs must bring into the mass of the estate any property or right which he may received from the decedent, during the lifetime of the latter, by way of donation, or any other gratuitous title, in order that it may be computed in the determination of the legitime of each heir, and in the account of partition. (Art. 1061) An act of returning or restoring to the common mass of the estate, either actually or fictitiously, any property which a person may have received from the decedent during the latters lifetime, but which is understood for legal purposes as an advance from inheritance. 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) 3. Reduction determining to what extent the donation will remain and to what extent it is excessive or inofficious. 4. Restitution return or payment of the excess to the mass of hereditary estate.
public instrument (acknowledged before a notary public) or authentic document (equivalent of an indubitable writing or a writing whose authenticity is admitted or proved) or by petition presented to the court having jurisdiction over the testamentary or intestate proceeding.
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)