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Chapter 2: Testamentary Succession no person may give by way of donation more than he

Section 5: Legitime may give by will. (Art 762)

ARTICLE 886. LEGITIME IS THAT PART OF THE ARTICLE 887. THE FOLLOWING ARE COMPULSORY
TESTATORS PROPERTY WHICH HE CANNOOT DISPOSE HEIRS:
OF BECAUSE THE LAW HAS RESERVED IT FOR CERTAIN (1) LEGITIMATE CHILDREN AND DESCENDANTS,
HEIRS WHO ARE, THEREFORE CALLED COMPULSORY WITH RESPECT TO THEIR LEGITIMATE PARENTS
HEIRS. AND ASCENDANTS;
(2) IN DEFAULT OF THE FOREGOING, LEGITIMATE
3 Systems Affecting Legitime: PARENTS AND ASCENDANTS, WITH RESPECT
1. System of Legitime (Partial Reservation) Part TO THEIR LEGITIMATE CHILDREN AND
legitime and part free portion DESCENDANTS;
2. System of Total Reservation everything goes (3) THE WIDOW OR WIDOWER;
to compulsory heirs, as long as there is at least (4) ACKNOWLEDGED NATURAL CHILDREN AND
one. NATURAL CHILDREN BY LEGAL FICTION;
3. System of Total Freedom of Disposition No (5) OTHER ILLEGITIMATE CHILDREN REFERED TO
legitime. Everything is free IN ARTICLE 287.
COMPULSORY HEIRS MENTIONED IN NOS. 3, 4
Purpose of Legitime AND 5 ARE NOT EXCLUDED BY THOSE NOS. 1 AND 2;
1. To protect the children and surviving widow or NEITHER DO THEY EXCLUDE ONE ANOTHER.
widower from the unjustified anger and IN ALL CASES OF ILLEGITIMATE CHILDREN,
thoughtlessness of the other spouse. THEIR FILIATION MUST BE DULY PROVED.
2. If there are no compulsory heirs, it follows that THE FATHER OR MOTHER OF ILLEGITIMATE
there is no legitime. CHILDREN OF THE 3 CLASSES MENTIONED, SHALL
3. Legitime may be received in 2 aspects: as a right INHERIT FROM THEM IN MANNER AND TO THE EXTENT
and as the property itselg\f ESTABLISHED BY THIS CODE.
4. The testator cannot deprive his compulsory
heirs of their legitime except in cases expressly Classes of Compulsory Heirs
specified by law. Neither can he impose upon Primary Compulsory Heirs Secondary Compulsory
the same any burden, encumbrance, condition, (heirs get their legitime even in Heirs
or substitution whatsoever (Art 904), except, of the presence of the other (They inherit only in the
primary compulsory heirs and absence or default of another
course, the condition that the property will not even the presence of secondary compulsory heir)
be divided for a period not exceeding 20 years compulsory heirs)
(Art 870). (1) Legitimate and their (4) Legitimate Parents
Descendants (Art 992) and Ascendants Only
Compulsory called so because the testator cannot inherit in default of #1
disregard them but they are never compelled to accept (2) Surviving Spouse (5) Illegitimate Parents
the legitime for no one can compel another to receive a (No other ascendants)
gift or an economic advantage. Only inherit in default of
#1 and #3
Vested Right to the Legitime: (3) Illegitimate Children
It is undeniable that a necessary or forced heir and their Descendants
(compulsory heir), according to the system of legitimes, (legitimate or illegitimate)
has by provision of law, from the time of his birth, a (Art 902)
vested right to eventually acquire the inheritance from
his ascendants, the right to be actually vested, from the Brothers and sisters, along with strangers (friends), are
moment of death. Such vested right is inherent with his termed VOLUNTARY HEIRS (heirs when the testator
filiation to which belong the obligations and rights of wants; from free portion) OR DEVISEES OR LEGATEES as
the author of his being. the case may be.

Right of Completion of Legitime


If some heirs are genuinely interested in
securing that part of their late fathers property which
has been reserved for them in their capacity as
compulsory heris, then they should simple exercise
their action ad supplendam legitiman, or their right of
completion of legitime

Effect of Donations:
The law respects the legitime so much that even
donations inter vivos are to be reduced if found
inofficious (That is, if found to exceed free portion) for
Articled of the Civil Code Involving the Legitimes of the Compulsory Heirs:
ARTICLE 888. THE LEGITIME OF THE LEGITIMATE LEGITIMATE CHILDREN AND ASCENDANTS
CHILDREN AND DESCENDANTS CONSIST OF ONE-HALF
OF THE HEREDITARY ESTATE OF THE FATHER AND OF
THE MOTHER.
THE LATTER MAY FREELY DISPOSE OF THE
REMAINING HALF, SUBJECT TO THE RIGHTS OF THE
ILLEGITIMATE CHILDREN AND OF THE SURVIVING
SPOUSE AS HEREIN PROVIDED.

ARTICLE 889. THE LEGITIME OF THE LEGITIMATE LEGITIMATE PARENTS OR ASCENDANTS


PARENTS AND ASCENDANTS CONSISTS OF ONE-HALF
OF THE HEREDITARY ESTATES OF THEIR CHILDREN
AND DESCENDANTS.
THE CHILDREN OR DESCENDANTS MAY
FREELY DISPOSE OF THE OTHER HALF, SUBJECT TO
THE RIGHTS OF ILLEGITIMATE CHILDREN AND OF THE
SURVIVING SPOUSE AS HEREINAFTER PROVIDED.

ARTICLE 890. THE LEGITIME RESERVED FOR THE DIVISION OF LEGITIME OF LEGITIMATE PARENTS OR
LEGITIMATE PARENTS SHALL BE DEVIDED BETWEEN ASCENDANTS
THEM EQUALLY; IF ONE OF THE PARENTS SHOULD
HAVE DIED, THE WHOLE SHALL PASS TO THE
SURVIVOR.
IF THE TESTATOR LEAVES NEITHER FATHER OR
MOTHER, BUT IS SURVIVED BY ASCENDANTS OF
EQUAL DEGREE OF THE PATERNAL AND MATERNAL
LINES, THE LEGITIME SHALL BE DIVIDED EQUALLY
BETWEEN BOTH LINES. IF THE ASCENDANTS SHOULD
BE OF DIFFERENT DEGREES, IT SHALL PERTAIN
ENTIRELY TO THE ONES NEAREST IN DEGREE OF
EITHER LINE.

ARTICLE 892. IF ONLY ONE LEGITIMATE CHILD OR A. ONE LEGITIMATE CHILD OR DESCENDANT CONCURRING
DESCENDANT OF THE DECEASED SURVIVES, THE WITH THE SURVIVING SPOUSE
WIDOW OR WIDOWER SHALL BE ENTITLED TO ONE-
FOURTH OF THE HEREDITARY ESTATE. IN CASE OF
LEGAL SEPARATION, THE SURVIVING SPOUSE MAY
INHERIT IF WAS THE DECEASED WHO HAD GIVEN
CAUSE FOR THE SAME.
IF THERE ARE TWO OR MORE LEGITIMATE B. TWO OR MORE LEGITIMATE CHILDREN OR DESCNEDANTS
CHILDREN OR DESCENDANTS, THE SURVIVING TOGETHER WITH THE SURVIVING SPOUSE
SPOUSE SHALL BE ENTITLED TO A PORTION EQUAL TO
THE LEGITIME OF EACH OF THE LEGITIMATE
CHILDREN OR DESCENDANTS.
IN BOTH CASES, THE LEGITIME OF THE
SURVIVING SPOUSE SHALL BE TAKEN FROM THE
PORTION THAT CAN BE FREELY DISPOSED BY THE
TESTATOR.

ARTICLE 893. IF THE TESTATOR LEAVES NO LEGITIME LEGITIMATE PARENTS OR ASCENDANTS WITH THE SURVIVING
DESCENDANTS BUT LEAVES LEGITIME ASCENDANTS, SPOUSE
THE SURVIVING SPOUSE SHALL HAVE A RIGHT TO
ONE FOURTH OF THE HEREDITARY ESTATE.
THIS FOURTH SHALL BE TAKEN FROM THE
FREE PORTION OF THE ESTATE.
ARTICLE 894. IF THE TESTATOR LEAVES ILLEGITIMATE ILLEGITIMATE CHILDREN WITH SURVIVING SPOUSE
CHILDREN, THE SURVIVING SPOUSE SHALL BE
ENTITLED TO ONE-THIRD OF THE HEREDITARY ESTATE
OF THE DECEASED AND THE ILLEGITIMATE CHILDREN
TO ANOTHER THIRD. THE REMAINING THIRD SHALL
BE THE FREE DISPOSAL OF THE TESTATOR.
ARTICLE 895 (3). THE LEGITIME OF THE ILLEGITIMATE LEGITIMATE CHILDREN OR DESCENDANTS WITH NATURAL AND
CHILDREN SHALL BE TAKEN FROM THE PORTION OF OTHER ILLEGITIMATE CHILDREN
THE ESTATE AT THE FREE DISPOSAL OF THE
TESTATOR, PROVIDED THAT IN NO CASE SHALL THE
TOTAL LEGITIME OF SUCH ILLEGITIMATE CHIRLDREN
EXCEED THAT FREE PORTION, AND THAT THE
LEGITIME OF THE SURVIVING SPOUSE MUST FIRST BE
FULLY SATISFIED.

ARTICLE 896. ILLEGITIMATE CHILDREN WHO MAY LEGITIMATE PARENTS OR ASCENDANTS AND ILLEGITIMATE
SURVIVE WITH LEGITIMATE PARENTS OR CHILDREN
ASCENDANTS OF THE DECEASED SHALL BE ENTITLED
TO ONE-FOURTH OF THE HEREDITARY ESTATE TO BE
TAKEN FROM THE PORTION AT THE FREE DISPOSAL
OF THE TESTATOR.

ARTICLE 897. WHEN THE WIDOW OR WIDOWER SURVIVING SPOUSE WITH LEGITIMATE CHILDREN OR
SURVIVES WITH LEGITIMATE CHILDREN OR DESCENDANTS AND NATURAL CHILDREN
DESCENDANTS, AND ACKNOWLEDGED NATURAL
CHILDREN, OR NATURAL CHILDREN BY LEGAL
FICTION, SUCH SURVIVING SPOUSE SHALL BE
ENTITLED TO A PORTION EQUAL TO THE LEGITIME OF
EACH OF THE LEGITIMATE CHILDREN WHICH MUST BE
TAKEN FROM THAT PART OF THE ESTATE WHICH THE
TESTATOR CAN FREELY DISPOSE OF.

ARTICLE 898. IF THE WIDOW OR WIDOWER SURVIVES SURVIVING SPOUSE WITH LEGITIMATE CHILDREN OR
WITH LEGITIMATE CHILDREN OR DESCENDANTS, AND DESCENDANTS AND ILLEGITIMATE CHILDREN OTHER THAN
WITH ILLEGITIMATE CHILDREN OTHER THAN NATURAL
ACKNOWLEDGED NATURAL, OR NATURAL CHILDREN
BY LEGAL FICTION, THE SHARE OF THE SURVIVING
SPOUSE SHALL BE THE SAME AS THAT PROVIDED IN
THE PRECEEDING ARTICLE. Rule in Case of Legitime and Illegitimate Children Surviving
Together (With or Without the Surviving Spouse)
(a) First, give the legitimes of the legitimate children and of
the surviving spouse (if any)
(b) Secondly, give the legitimes of the illegitimate children in
proportion to the legitime of the legitimate children (10,5)
if estate is SUFFICIENT (for in no case should the
legitimes of the legitimate children and of the surviving
spouse be reduced)
(c) If estate is NOT SUFFICIENT, just give whatever remains of
the estate to the illegitimate children.
ARTICLE 899. WHEN THE WIDOW OR WIDOWER SURVIVING SPOUSE WITH (AT LEAST ONE) LEGITIMATE
SURVIVES WITH LEGITIMATE PARENTS OR PARENTS OR ASCENDANTS AND (AT LEASTT ONE) ILLEGIMATE
ASCENDANTS AND WITH ILLEGITIMATE CHILDREN, CHILDREN
SUCH SURVIVING SPOUSE SHALL BE ENTITLED TO
ONE-EIGHT OF THE HEREDITARY ESTATE OF THE
DECEASED WHICH MUST BE TAKEN FROM THE FREE
PORTION, AND THE ILLEGITIMATE CHILDREN SHALL
BE ENTITLED TO ONE-FOURTH OF THE ESTATE WHICH
SHALL BE TAKEN ALSO FROM THE DISPOSABLE
PORTION. THE TESTATOR MAY FREELY DISPOSE OF
THE REMAINING ONE-EIGHT OF THE ESTATE.
ARTICLE 900. IF THE ONLY SURVIVOR IS THE WIDOW SURVIVING SPOUSE ALONE
OR WIDOWER, SHE OR HE SHALL BE ENTITLED TO General Rule: Surviving spouse, if she is the ONLY compulsory
ONE-HALF OF THE HEREDITARY ESTATE OF THE heir left, gets
DECEASED SPOUSE, AND THE TESTATOR MAY FREELY
DISPOSE OF THE OTHER HALF. Exception Surviving Spouse get 1/3 if:
IF THE MARRIAGE BETWEEN THE SURVIVING (a) The marriage was in articulo mortis;
SPOUSE AND THE TESTATOR WAS SOLEMNIZED IN (b) And the testator/ testatrix died within 3 months from
ARTICULO MORTIS, AND THE TESTATOR DIED WITHIN the time of the celebration of marriage. (Applies only if
THREE MONTHS FROM THE TIME OF THE MARRIAGE, it was the deceased who was in danger of death at the
THE LEGITIME OF THE SURVIVING SPOUSE AS THE time of marriage and the cause of death was the same
SOLE HEIR SHALL BE ONE-THIRD OF THE HEREDITARY illness existing at the time of marriage)
ESTATE, EXCEPT WHEN THEY HAVE BEEN LIVING AS (reason: to avoid marriage purely for Financial Gain)
HUSBAND AND WIFE FOR MORE THAN FIVE YEARS. IN
THE LATTER CASE, THE LEGITIME OF THE SURVIVING Exception to exception Surviving spouse gets if despite the
SPOUSE SHALL BE THAT SPECIFIED IN THE presence of requirements of (b), the couple had been living
PRECEEDING PARAGRAPH. previously as husband and wife (without marriage) for more
than 5 years. (reason: suspicion of financial profit motive is
more or less erased)

ARTICLE 901. WHEN THE TESTATOR DIES LEAVING ILLEGITIMATE CHILDREN, WITH NO OTHER COMPULSORY HEIR
ILLEGITIMATE CHILDREN AND NO OTHER
COMPULSORY HEIRS, SUCH ILLEGITIMATE CHILDREN
SHALL HAVE A RIGHT TO ONE-HALF OF THE ARTICLE 902. THE RIGHTS OF ILLEGITIMATE CHILDREN SET
HEREDITARY ESTATE OF THE DECEASED. FORTH IN THE PRECEEDING ARTICLES ARE TRANSMITTED
THE OTHER HALD SHALL BE AT THE FREE UPON THEIR DEATH TO THE DESCENDANTS, WHETHER
DISPOSAL OF THE TESTATOR. LEGITIMATE OR ILLEGITIMATE.

ARTICLE 903. THE LEGITIME OF THE PARENTS WHO A. PARENTS OF THE ILLEGITIMATE CHILD WHO LEAVES
HAVE AN ILLEGITIMATE CHILD, WHEN SUCH CHILD NEITHER LEGITIMATE DESCENDANTS, NOR A SURVIVING
LEAVES NEITHER LEGITIMATE DESCENDANTS, NOR A SPOUSE, NOR ILLEGITIMATE CHILDREN
SURVIVING SPOUSE, NOT ILLEGITIMATE CHILDREN, IS
ONE-HALF OF THE HEREDITARY ESTATE OF SUCH
ILLEGITIMATE CHILD. IF ONLY LEGITIMATE OR
ILLEGITIMATE CHILDREN ARE LEFT, THE PARENTS ARE
NOT ENTITLED TO LEGITIME WHATSOEVER. IF ONLY B. PARENTS OF THE ILLEGITIMATE CHILD WITH THE
YHE WIDOW OR WIDOWER SURVIVES WITH PARENTS SURVIVING SPOUSE
OF THE ILLEGITIMATE CHILD, THE LEGITIME OF THE
PARENTS IS ONE-FOURTH OF THE HEREDITARY
ESTATE OF THE CHILD, AND THAT OF THE SURVIVING
SPOUSE ALSO ONE-FOURTH OF THE ESTATE.
Note: Art 903 refers only to illegitimate parents and not to
other ascendants like parents of the illegitimate parents. This
rule here is different from the case of the grandparents of a
legitimate child, for they may inherit in default of legitimate
parents.

Legitimate Children: All the children or descendants of The right of representation is given both to legitimate
the deceased spouse are included whether they be of and illegitimate descendants of illegitimate children.
the recently dissolved or any previous marriage.
The illegitimate descendants CANNOT inherit by right of
Legacy or Devise to Surviving Spouse: Any devise or representation of legitimate children (Reason: Barrier
legacy given to the surviving spouse should be between the legitimate family) [This is UNFAIR because
considered as being in addition to his or her legitime, if allowed, this would place the illegitimate children of
and must therefore be charged to the free portion. Such illegitimate children in better position that the
devise or legacy should be considered in the same illegitimate children of legitimate children. ;/ The law, as
footing as those given to strangers. harsh as it is, must be applied.]
Shares of Representatives: When representative are of
Presence of Grandchildren: if there be no children (or different classes (legitimate, acknowledged or spurios),
all children repudiated), but there are, say, six they inherit in the SAME PROPORTIONS as in Art 895,
grandchildren, the share of the surviving spouse should since this is also the rule in legal succession and
not be the same of the grandchildren but should be succession by representation is nothing but succession
computed on the number of children which said by OPERATION OF LAW.
grandchildren are supposed to represent, for after all,
grandchildren inherit by right of representation.
RESERVA TRONCAL Ownership in the property: full
ownership subject to resolutory
ARTICLE 891. THE ASCENDANT WHO INHERITS FROM condition (if at the reservors death,
HIS DESCENDANT ANY PROPERTY WHICH THE LATTER there should still exist relatives within
MAY HAVE ACQUIRED BY GRATUITOUS TITLE FROM 3rd degree of the propositus, and
ANOTHER ASCENDANT, OR A BROTHER OR SISTER, IS belonging to the line from which the
OBLIGED TO RESERVE SUCH PROPERTY AS HE MAY property came from, the reservors
HAVE ACQUIRED BY OPERATION OF LAW FOR THE ownership is terminated.
BENEFIT OF RELATIVES WHO ARE WITHIN THE THIRD Property is not part of reservors estate
DEGREE AND WHO BELONG TO THE LINE FROM WHICH if the resolutory condition happens and
SAID PROPERTY CAME. the property cannot be subject to the
reservors debts.
In general, the reservoir must make an
INVENTORY (including the actual
condition of the properties and their
value) of the reservable property, and
must furnish a BOND, SECURITY or
MORTGAGE to guarantee the safe
delivery later on to the reserve of the
properties concerned, or their values, in
the proper cases. [Bond/
security/mortgage is not needed when
the property has been registered as
SUBJECT to the reservation or reserve
troncal]
UNLESS: the property involved
is a real property, the inventory can be
any form, judicially or extrajudicially,
private or public writing. If real property
is involved, its eventual registration
necessarily presupposes the execution
Purpose of Reserva Troncal: To keep the property in the of a public instrument
family to which the property belongs. Reservoir is liable for all deteriorations
imputable to his neglect, fault or malice
At Least FOUR (4) People involved: The reservor, being full owner of the
1. ORIGIN - The ASCENDANT or brother or sister reservable PERSONAL property, may
from whom the property came donate, sell, or pledge them and the
Must be LEGITIMATE relative because done-purchaser becomes full owner of
Reserva Troncal exist only in the the property. reservees should be
legitimate family reimbursed for whatever they lost by
Transmission from the origin to virtue of such donation, sale or pledge.
propositus must be by gratuitous title May the property subject to reserve be
alienated?
2. PROPOSITUS The Descendant who acquired Inasmuch as the reservoir is not
the property gratuitously (donation, remission, mere usufructuary, the answer is YES,
testamentary succession, legal succession) without prejudice to reimbursement by
The Descendant or brother or sister his estate concerning personal
whose death gave rise to the reserve properties and without prejudice to the
From whom the 3rd degree is counted reservation insofar as real properties
Must be a legitimate descendant (or are concerned.
legitimate half-brother or half-sister) of Said alienation or encumbrance
the origin of the property can even be made without the consent
He may defeat the reserve by not giving of, or notice to, the reserves.
the property to the ascendant by If reservable land is registered
operation of law effective partition or under the Torrens System as FREE, an
testamentary succession may happen innocent purchaser for value will be
preffered over the reservee. However,
3. RESERVOR/ RESERVISTA The Ascendant who the estate of the reservoir will of course
in turn acquired the property from the have to indemnify the reserve.
descendant by operation of law If the real property is registered
Person who inherits by OPERATION of as FREE but the purchaser knows of the
Law existence of the reserve, it is clear that
Who has the obligation to preserve he buys the property subject to reserve
(actual knowledge is equivalent to
registration). Reservees can get the real reservoir dies such death extinguish
property from the buyer. Of course, it is the reserva
permissible for the reservees to ratify Requisites of valid passing of title:
the sale (they validly renounce their 1. Death or the reservatario or
right to reserva) reservoir
The reservoir is duty bound NOT to 2. The fact that the reservista had
substitute the reservable property with survived the reservatario
others They inherit from the propositus not
If the property is lost or destroyed from the reservor
through his fault or, in case the real
property is now in the ahsnds of an Extinguishment of the Reserva
innocent purchaser for value who 1. Death of the reservoir
cannot be made to give up the 2. Death of all the would-be reservees AHEAD of
property, the reservoir must respond the reservor
either with money or with equivalent 3. Loss of the reservable properties, provided the
substitute property. reservor had no fault or negligent (accidental
Reserva Troncal constitutes a restriction loss)
or limitation on the right to the 4. Prescription (as when the reservor or stranger
Legitime of ascendants. holds property adversely against the reservees,
as FREE from the reserve BF real 30 yrs,
4. RESERVEES/ RESERVATARIOS the relatives personal 8 yrs)
within the 3rd degree belonging to the line from 5. Registration under Torrens System as free from
which the property came the reservation (without prejudice to the
The reservee must be a legitimate liability of the reservor to the reservees)
relative of the origin and propositus 6. Renunciation or waiver by ALL the reservees
Are the ones who will become full AFTER the death of reservoir.
owners of the property the moment the

READ THE FUCKING page 315 to 342!

The Legitime of the Forced heir Cannot be Impaired TO COLLATION WHATEVER THEY MAY HAVE RECEIVED
BY VIRTURE OF RENUNCIATION OR COMPROMISE.
NO DEPRIVATION OR BURDEN ON THE LEGITIME Reason: the right to future legitime is a mere
ARTICLE 904. THE TESTATOR CANNOT DEPRIVE HIS expectancy, an inchoate right regarding future
COMPULSORY HEIRS OF THEIR LEGITIME, EXCEPT IN inheritance, hence, it cannot be made the subject of a
CASES SPECIFIED BY LAW. contract inasmuch as it is against public policy.
NEITHER CAN HE IMPOSE UPON THE SAME
ANY BURDEN, ENCUMBRANCE, CONDITION OR RIGHT OF FORCED HEIR FOR HIS LEGITIME: Right of
SUBSTITUTION OF ANY KIND WHATSOEVER. Completion of Legitime
Reason: due to the very nature of the legitime ARTICLE 906. ANY COMPULSORY HEIR WHOM THE
that part exclusively reserved for the forced TESTATOR HAS LEFT BY ANY TITLE LESS THAN THE
heirs LEGITIME BELONGING TO HIM MAY DEMAND THAT
Should there be any charge, condition, THE SAME BE FULLY SATISFIED.
substitution or encumbrance upon the legitime,
said charge etc shall be considered as not REDUCTION OF INOFFICIOUS TESTAMENTARY
imposed or disregarded or as not written, DISPOSITION
except of course the prohibition to partition the ARTICLE 907. TESTAMENTARY DISPOSITIONS THAT
inheritance, including legitime, for a period of IMPAIR OR DIMINISH THE LEGITIME OF THE
not exceeding 20 years (Art 1083) COMPULSORY HEIRS SHALL BE REDUCED ON PETITION
ONLY WAY TO DEPRIVE COMPULSORY HEIRS: OF THE SAME, INSOFAR AS THEY MAY BE INOFFICIOUS
DISINHERITING THEM ACCORDING TO ART 916 OR EXCESSIVE
AND 917 Can be availed only by compulsory heirs
Intentional or unintentional PRETERITION does Applies only to testamentary dispositions
not deprive the compulsory heirs of their Reason: the legitime of the forced heir cannot
legitime, and as a matter of fact, preterition be impaired
shall annul the institution of heir (Art 854)

RENUNCIATION OR COMPROMISE OF FUTURE LEGITIME


ARTICLE 905. EVERY RENUNCIATION OR COMPROMISE
AS REGARDS TO FUTURE LEGITIME BETWEEN THE
PERSON OWING IT AND HIS COMPULSORY HEIRS IS
VOID, AND THE LATTER MAY CLAIM THE SAME UPON
THE DEATH OF THE FORMER; BUT THEY MUST BRING
DETERMINATION OF THE VALUE OF THE HEREDITARY YES, if found inofficious or they exceed the
ESTATE AND LEGITIME amount set for free disposal.

ARTICLE 908. TO DETERMINE THE LEGITIME, THE (b) Should Donation Intervivos to strangers be
VALUE OF THE PROPERTY LEFT AT THE DEATH OF THE collated?
TESTATOR SHALL BE CONSIDERED PROPERTY LEFT AF 3 Views:
THE DEATH OF THE TESTATOR SHLL BE CONSIDERED, 1. According to Sanchez Roman, Scaevola and
DEDUCTING ALL DEBTS AND CHARGES, WHICH SHALL Manressa, SHOULD NOT since Art 1061 on
NOT INCLUDE, THOSE IMPOSED IN THE WILL. collation speaks only of compulsory heirs
TO THE NET VALUE OF THE HEREDITARY being forced to collate.
ESTATE, SHALL BE ADDED THE VALUE OF ALL 2. According to Falcon, Morrel, the SC of Spain
DONATIONS BY THE TESTATOR THAT ARE SUBJECT TO and Capistrano, SHOULD BE since they
COLLATION, AT THE TIME HE MADE THEM. should be considered as advances on the
free disposal just as the donation to
FORMULA FOR THE COMPUTATION OF THE NET children be considered as advances to their
HEREDITARY ESTATE inheritance or legitime.
NET HEREDITARY ESTATE = PROPERTY LEFT DEBTS (Paras agrees to this opinion)
AND CHARGES + VALUE OF COLLATIONABLE 3. According to Phil SC, citing Manresa,
DONATIONS Donation are collationable only when the
heir of the deceased are forced heirs and
Charges not the charges imposed in the will when it is proven that they prejudice the
(like legacies) but the charges which, even legitime.
without the will, would be demandable
Value of Collationable Donations not at the DONATION TO ILLEGITIMATE CHILDREN ALSO
time of death but at the time the donations CHARGED AGAINST LEGITIME
were made [Reason: ownership was transfered ARTICLE 910. DONATIONS WHICH AN ILLEGITIMATE
once the donation was accepted, the increase in CHILD MAY BE RECEIVED DURING THE LIFETIME OF HIS
value will be given to the done or the perils of FATHER OR MOTHER, SHALL BE CHARGED TO HIS
the property donated] LEGITIME.
SHOULD THEY EXCEED THE PORTION THAT
How is the Value of the Estate be determined? CAN BE FREELY DISPOSED OF, THEY SHALL BE REDUCED
(a) If there are JUDICIAL PROCEEDINGS where the IN THE MANNER PRESCRIBED IN THIS CODE
estate is settled, the ADMINISTRATOR must Donation are collationable
determine the value of the estate with the help Never impair the legitime of the legitimate
of tax appraiser children
(b) If there are no juridical proceedings, the heirs Any donation in excess of the legitime shall be
must also determine the value of the estate, charged to the free disposal and shall be
subject to the provisions of the IRC. MV must be considered in the same category as donations
considered it is presumed that Assessed Value to strangers.
= MV :/
ARTICLE 911. AFTER THE LEGITIME HAS BEEN
DONATIONS INTER VIVOS TO CHILDREN AND DETERMINED IN ACCORDANCE WITH THE THREE
STRANGERS PRECEEDING ARTICLES, THE REDUCTION SHALL BE
ARTICLE 909. DONATIONS GIVEN TO CHILDREN SHALL MADE AS FOLLOWS:
BE CHARGED TO THEIR LEGITIME. (1) DONATIONS SHALL BE RESPECTED AS LONG AS
DONATION MADE TO STRANGERS SHALL BE THE LEGITIME CAN BE COVERED, REDUCING
CHARGED TO THAT PART OF THE ESTATE OF WHICH OR ANNULLING, IF NECESSARY, THE DEVISES
THE TESTATOR COULD HAVE DISPOSED BY HIS LAST OR LEGACIES MADE IN THE WILL;
WILL. (2) THE REDUCTION OF THE DEVISES OR LEGACIES
INSOFAR AS THEY MAY BE INOFFICIOUS OR SHALL BE PRO RATA WITHOUT ANY
MAY EXCEED THE DISPOSABLE PORTION, THEY SHALL DISTINCTION WHATEVER.
BE REDUCED ACCORDING TO THE RULES ESTABLISHED IF THE TESTATOR HAS DIRECTED THAT
BY THIS CODE. A CERTAIN DEVISE OR LEGACY BE PAIN
PREFERENCE TO OTHERS, IT SHALL NOT SUFFER
DONATION TO CHILDREN: ANY REDUCTION UNTIL THE LATTER HAVE
(a) First to the childs legitime BEEN APPLIED IN FULL TO THE PAYMENT OF
(b) If legitime cannot cover such donation, excess THE LEGITIME.
should be charged to free portion (3) IF THE DEVISE OR LEGACY CONSISTS OF A
(c) If it is still excessive, they should be reduced so USUFRUCT OR LIFE ANUITY, WHOSE VALUE
as not to impair the legitime of others. MAY BE CONSIDERED GREATER THAN THAT OF
THE DISPOSABLE PORTION, THE COMPULSORY
DONATION TO STRANGERS HEIRS MAY CHOOSE BETWEEN COMPLYING
(a) May donations to strangers be reduced? WITH THE TESTAMENTARY PROVISION AND
DELIVERING TO THE DEVISEE OR LEGATEE THE
PART OF THE INHERITANCE OF WHICH THE HOW TO REDUCE INOFFICIOUS DEVISES
TESTATOR COULD FREELY DISPOSE. ARTICLE 912. IF THE DEVISE SUBJECT TO REDUCTION
SHOULD CONSIST OF REAL PROPERTY, WHICH CANNOT
ORDER OF PREFERENCE IN HEREDITARY ESTATE (ART BE CONVENIENTLY DIVIDED, IT SHALL GO TO THE
911) DEVISEE IF THE REDUCTION DOES NOT ABSORB ONE-
After the the NHE has been ascertained, what HALF OF ITS VALUE; AND IN A CONTRARY CASE, TO
should be the order of payment? THE COMPULSORY HEIRS; BUT THE FORMER AND THE
(1st) Give the legitimes LATTER SHALL REIMBURSE EACH OTHER IN CASH FOR
(2nd) Donations inter vivos WHAT RESPECTIVELY BELONG TO THEM.
(3rd) Preferred legacies and devises (indicated in THE DEVISEE WHO IS ENTITLED TO A LEGITIME
the will) MAY RETAIN THE ENTIRE PROPERTY, PROVIDED ITS
(4th) All other devises and legacies pro rata (In VALUE DOES NOT EXCEED THAT OF THE DISPOSABLE
case the estate is not sufficient) PORTION AND OF THE SHARE PERTAINING TO HIS AS
(the reduction should be made in an inverse order) LEGITIME.

Article 950 of NCC reads as follows: if the testate if amount of reduction is greater than of the
should not be sufficient to cover all the legacies and propertys value, compulsory heirs shall own such
devices, their payment shall be made in the following devise after reimbursing the devisee the reduced
order: amount due to him.
(1st) Remuneratory legacies or devices
(2nd) Legacies or devises declared by the testator If the amount of reduction is less than or exactly half
to be preferencial the value of the devise, the devisee should get the
(3rd) Legacies for support devise after proper reimbursement to the compulsory
(4th) Legacies for education heirs.
(5th) Legacies or devices of a specific determinate ARTICLE 913. IF THE HEIRS OR DEVISES DO NOT
thing which forms part of the estate CHOOSE TO AVAIL THEMSELVES OF THE RIGHT
(6th) All other pro rata GRANTED BY THE PRECEEDING ARTICLE, ANY HEIR OR
DEVISEE WHO DID NOT HAVE SUCH RIGHT MAY
Is there NO conflict bet Art 911 and 950? None! EXERCISE IT; SHOULD THE LATTER NOT MAKE USE OF
Art 911 applies only when aside from the IT, THE PROPERTY SHALL BE SOLD AT PUBLIC AUCTION
various legacies and devises, there are legitimes to be AT THE INSTANCE OF ANY ONE THE INTERESTED
preserved or there are donations inter vivos which PARTIES.
should be respected as much as possible.
Art 950 is applicable only when THERE ARE ARTICLE 914. THE TESTATOR MAY DEVISE AND
NO COMPULSORY HEIRS or when there are no BEQUEATH THE FREE PORTION AS HE MAY DEEM FIT.
inofficious donations inter vivos (the reduction concerns FREE PORTION LEGITIME OF SURVIVING SPOUSE AND
itself is merely with legacies and devises) LEGITIMATE CHILDREN = FREE DISPOSAL
Free disposal may be object of charge,
Reason why Donation Inter Vivos is Preffered over substitution or condition
Mortis Causa:
(a) They were made first
(b) Donation is a bilateral act
(c) Donations are generally irrevocable

Preference among Multiple Donations Inter Vivos and


the disposable portion is not sufficient
(1st) The more recent date donation shall be
reduced with regard to the excess (due to first
come first serve rule)
(2nd) If the dates of donation is the same, they
should all be proportionately reduced.

Usufructs and Life Annuities


Since Usufructs and Life annuities might extend in a
conceivable long period of time or till the usufructuarys
death or the life annuitys recipients death, the
usufruct or life annuity amount may conceivable exceed
the free disposable portion of the testator. Hence, the
necessity of granting the COMPULSORY HEIRS the
option to choose between complying with the
testamentary provision and delivering to the devisee or
legatee the part of inheritance of which the testator
could freely dispose.