COURSE SYLLABUS IN WILLS AND SUCCESSION

Objectives:
(1) At the end of the semester, students will be able to recite
the Civil Code provisions on Succession;
(2) After completion of the course, students will be able to
apply the provisions to factual cases; and
(3) During the course, students will be able to learn to study
with their respective group and to obtain a group grade.

INTRODUCTION: Case: Edward Christensen et al., v. Garcia, G.R. L-

16749, January 31, 1963

I. GENERAL PROVISIONS: Arts. 774 -782

A) Succession Mortis Causa Defined; Important elements of the
definition; Bases for succession ( BAR 1956).
B) Decedent Defined; Inheritance distinguished from
succession; What inheritance includes; NACAR VS NISTAL,
119 SCRA 29; After acquired properties.
C) Conditions for the transmission of successional rights;
Actual Death; Presumed Death; Effect of absentees return or
reappearance; JAYME VS GAMBOA, 75 PHIL.497; FELIPE
VS HEIRS OF ALDON,120 SCRA 628.
D) Mixed succession; PARISH PRIEST OF ROMAN CATHOLIC
CHURCH OF VICTORIA TARLAC VS RIGOR, L-22036, APRIL
30, 1979.
E) Importance of distinction between heirs, legatees and
devisees; possibility of dual status; transferees in
testamentary succession; transferees in legal succession

II. TESTAMENTARY SUCCESSION: Arts. 783-795

A) Wills; Essential elements and characteristics of a will;
Difference between a last will and a testament; Oral
conveyance.
B) Will making; Advisability of employing an attorney; Speciifed
classes; Specified causes;
C) Possible different interpretations; The Fixed Law of
Interpretation;
D) Kinds of ambiguity in a will; Rules of interpretation of
words; Interpretation as a whole; VILLAFLOR VS JUICO, L-
15737, FEB. 28, 1962; Priority or preference of testate over
intestate proceedings; VICENTE URIARTE VS CFI OF
NEGROS OCCIDENTAL, 33 SCRA 252.
E) Effect of invalid disposition; General rule respecting after-
acquired properties and exceptions thereto; General rule as
to what properties maybe disposed of and exceptions thereto.
F) General rules on validity; BELLIS VS BELLIS, 20 SCRA 358.

III. TESTAMENTARY CAPACITY AND INTENT: Arts 796-803

A) Who can make wills; Age requirement; Requisites of
soundness of mind; ALSUA BETTS ET AL., VS CA, L-46430-
31, JULY 30, 1979; Senility; How unsoundness of mind is
manifested; Presumption on soundness of mind; Two
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instances when the testator is presumed insane; Evidence of

soundness of mind.
B) Supervening of capacity and incapacity; Capacity of wife to
make a will; What wife can dispose of her will.

IV. FORMS OF WILLS: ARTS.804-819

A) Kinds of wills allowed under the Civil Code; Liberalization in
the formalities required; Written wills; Requirements for a
Notarial or Ordinary Will; IN RE:WILL OF SIASON, 10 PHIL
504.
B) Necessity of acknowledgement; GONZALES VS CA, L-37453,
MAY 25, 1979; Lack of documentary stamp; GABUCAN VS
HON. JUDGE MANTA, ET AL., 95 SCRA 752

C) Rules when the testator is deaf or deaf mute; Rules if the

testator is blind; Disqualification of a Notary Public
D) Effect of substantial compliance; APOLONIO TABUADA VS
HON. ROSAL, L-36033, NOV. 5, 1983; How substantial
defect can be cured.
E) Definition of holographic will; Advantages and disadvantages
of holographic will; Formalities for a holographic will; ROXAS
VS DE JESUS,JR., G.R. NO. 38338, JAN. 28, 1985; Other
features of holographic will.
F) Probate of holographic wills; Effect if holographic will is lost
or destroyed; disposition written below the signature; rules
for curing defects; authentication of correction by full
signature;
G) Formalities of wills executed by Filipinos abroad;Formalities
for wills executed by aliens in the Philippines; IN RE ESTATE
OF JOHNSON, 39 PHIL 156
H) Joint wills defined; Reciprocal or mutual wills; Rules in other
countries; effect if executed abroad.

V. WITNESSES TO WILLS: Arts. 820-827

A) Qualifications for witnesses to Notarial Wills; GONZALES VS
CA, L-37453,MAY 25,1979;
B) Question on the language required; rule if will is executed
abroad;
C) Rules regarding convicted witnesses;
D) Effect of Pardon; effect of subsequent incapacity;
E) effect if a witness is a compulsory heir.

VI. CODICILS AND INCORPORATION BY REFERENCE: Arts.

825-827
A) Codicil; Rule in case of conflict between will and codicil
B) Requisites for validity of documents incorporated by
reference.

VII. REVOCATION OF WILLS AND TESTAMENTARY

DISPOSITIONS: Arts. 828-839
A) Revocability of a will; Macam vs Gatmaitan, 60 Phil 358;
Conflict Rules for revocability of wills;
B) Local or Domestic ways of revocation;
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C) Revocation by overt act; Testate Estate of the Late Adiana

Malotoet al., vs CA et al., L-76464, Feb. 29, 1988
D) Revocation by the execution of another will; Bodellar vs
Aranza, et al., L-58509, Dec. 7, 1982;
E) Implied revocation through wills; Effect on revocation if new
will is inoperative;
F) revocation based on false or illegal cause;
G) effect of revocation on the recognition of an illegitimate child.
H) Republication defined; How made; Requisites and
Limitations.

VIII. ALLOWANCE AND DISALLOWANCE OF WILLS: Arts. 838-839

A) Probate defined; Kinds; Effect; Sebial vs Sebial, 64 SCRA
385; Rosa Cayetano Cuenco vs CA, et al., L-24742, Oct. 26,
1973; Vda. De Baluyot v. Luciano, L-42215, July 13, 1976.
B) Grounds for Disallowance of Wills;
C) Distinction between revocation and disallowance or nullity.

IX. INSTITUTION OF HEIRS: Arts. 840-856

A) Institution of Heir defined;
B) requisites for a valid institution;
C) Non-necessity of institution of heirs
D) ;Rules for freedom of disposition of estate; Heirs of the Late
Matilde Montinola-Sanson vs CA and Edurado P. Hernandez,
L-76648, Feb. 26, 1988.
B). How designation of Heir is made; Effect of doubt; Class
institution; Institution without designation of shares; Onesima
De Belen v. BPI, et al., L-14474, Oct. 31, 1960; Exception to the
Rule.
C). Rule if intent is to give entire estate; Effect if institution
exceeds estate.
D). Preterition defined; Requisites; In Re Will of Leodegaria
Julian, L-39247, June 27, 1975; Where share of omitted heir
must be taken;
E). Effect of predecease; applicability to legatees and devises;
predecease of compulsory heir.

X. SUBSTITUTION OF HEIRS: Arts. 857-870

A). Substitution defined; purpose.
B). Kinds of substitution; Consolacion Florention de Crisologo,
et al., v. Dr. Manuel Singson, L-13876, Feb. 28, 1962;
Problems;
C)Simple or common substitution;
D)brief or compendious substitution;
E) Reciprocal substitution.
F). Fideicommissary substitution defined; purposes; requisites;
effect of nullity

XI. CONDITIONAL TESTAMENTARY DISPOSITIONS AND

TESTAMENTARY DISPOSITIONS WITH A TERM: Arts. 871-
885
A) Various kinds of institutions; Definitions; Natividad vs
Gavino, 36 Phil 663; effect of impossible or illegal conditions.
B) Disposition captatoria defined; Caucion muciana defined;
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C) Distinction between an executor and administrator; Recto vs

Dela Rosa, L-42799, Feb. 8, 1977; Modal institutions.

XII. LEGITIME: Arts. 886-914

A) System of legitime; Purpose; Garcia vs. Orosco, L-35213,
August 31, 1978; Vested right to the legitime; Compulsory
heirs, meaning; classes; Francisco A. Tongoy vs CA, L-
45645, June 28, 1983.
B) Classes of Compulsory Heirs: Macadangdang v. Hon. Court
of Appeals, L-49542, Sept. 12, 1980 (1st Div.); Legitime of
Legitimate Children and Descendants.
C) Example of Reserva Troncal; Frias Chua v. CFI of Negros
Occidental (1st Div.), L-29901, Aug. 31, 1977; Lacerna v.
Vda. De Corcino, L-14603, April 29, 1961; Legitimate of
Surviving Spouse Concurring With Legitimate Descendants;
Surviving Spouse Concurring with Legitimate Ascendants;
Surviving Spouse with Illegitimate Children; Illegitimate
Children Concurring with Legitimate Parents or Ascendants;
Surviving Spouse Concurring with Children; The share of the
spurious child under the Family Code; Surviving Spouse
Concurring with Legitimate Parents or Ascendants and
Illegitimate Children; Surviving Spouse as the Only
Compulsory Heir; Rule in Legal Succession Illegitimate
Children as the Only Compulsory Heirs.
D) Transmission of Hereditary Rights of Illegitimate Children;
Shares of Representatives; Legitimate of Illegitimate Parents
as the Only Compulsory Heirs; Problems; No Deprivation of
or Burden on the Legitime; Renunciation or Compromise Re
future Legitime; Completion or Satisfaction of the Legitime,
Reyes v. Barretto-Datu, L-17818, Jan. 25, 1967, 19 SCRA
85; Reduction of Inofficious Testamentary Dispositions;
Formula for the Computation of the Net Hereditary Estate;
The Charges Referred To; Problem; Value to be Collated; How
Value of Estate is Determined; Donations to Children
Charged Against Legitime; Donations to Strangers; Problem;
Donations to Illegitimate Children also Charged Against the
Legitime; Order of Preference in the Hereditary Estate;
Reasons Why Donations Inter Vivos are Preferred Over
Dispositions Mortis Causa; Preference Among Donations;
Cross-Reference to Art. 950; How to Reduce Inofficious
Devises.

XIII. DISINHERITANCE

A) Disinheritance Defined; Purpose of Disinheritance;

Implications from the Definition of Disinheritance;
B) Other Ways of Depriving the Heirs of their Legitime;
C) Requisites for a Valid Disinheritance; Illustrative Problems
and Cases;
D) Burden of Proving the Truth of the Cause for Disinheritance;
Ineffective Disinheritance;
E) Effects of Ineffective Disinheritance; Example of the 1st
Effect; Example of the 2nd Effect;
F) Distinctions Between Preterition and VALID Disinheritance;
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G) Distinction Between Preterition and Imperfect or Ineffective

Disinheritance;
H) Similarities Between Preterition and Imperfect or Ineffective
Disinheritance;
I) Causes for the Disinheritance of Parents or Ascendants;
Causes for Disinheriting a Spouse;
J) Reconciliation Defined;
K) Characteristics of Reconciliation;
L) Effects of Reconciliation;
M) Rules In Case the Cause of the Disinheritance is ALSO a
Cause of Unworthiness;
N) How Disinheritance is Revoked;
O) Representation of the Disinherited Heir.

XIV. LEGACIES AND DEVISES

A) The Grant of Legacies and Devises, Pastor, Jr. v. Court of

Appeals, GR-56340, June 24, 1983 (First Division), Vera v.
Navarro, 79 SCRA 608;
B) Who Has the Duty of Giving the Legacies and Devises?;
C) Classification of Legacies and Devises According to the
Person or Institution Burdened (Given the Duty of Giving);
Examples of Sub-legacies or Sub-devises.
D) Solidary Liability of Heirs Who Take Possession;
E) Liability For Eviction;
F) The Grant of a Part Interest;
G) Proof of Knowledge;
H) Effect of Error in Ownership; Reason for Art. 930; Art. 929
Compared With Art. 930;
I) When Testator Orders the Acquisition; Example; Express or
Implied Order;
J) When Thing Already Belongs to Recipient; Example of the 2nd
Paragraph;
K) Effect of Alienation by Legatee or Devises;
L) Rule If Legatee or Devises Acquires Only After Execution of
the Will (2nd Paragraph Art. 933); Acquisition From Testator
Himself;
M) What To Reimburse?;
N) Who Reimburses?;
O) Rule If Thing is Pledged or Mortgaged;
P) What Need Not Be Eliminated;
Q) Remedies of Mortgagee;
R) Legacy of Credit or Remission; Legacy of a Credit Discussed;
S) Legacy of Remission or Release or Waiver Discussed;
T) Effect of Action Against Debtor-Legatee; Example of the
Second Paragraph;
U) Generic Legacy of Release or Remission;
V) Non-Application of Legacy to Credit;
W) Application of Rule on Solutio Indebiti;
X) Choice in Alternative Legacies or Devises; Right of Choice;
Y) Legacy or Devise of Generic Property;
Z) Void Legacies;
AA) Period of Time to be Considered;
BB) Right of Choice;
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CC) When Right of Choice is Given to Others;

DD) When Choice is Passed to Recipients Heirs;
EE) Legacy for Education and Support;
FF) The Giving of Pensions;
GG) Gift Involving a Usufruct; How Usufruct is
Extinguished.
HH) When Right is Transmitted;
II) Rule in Case of Conditional Gifts;
JJ)Rules in Case of Gifts With a Term;
KK) When No Transmission Occurs;
LL)When Ownership of Legacy or Devise is Acquired;
MM) Expenses for Production;
NN) Risk of Loss and Benefit of Improvement; applicability
of Art. 948;
OO) Payment of Debts;
PP) Rule With Respect to Donations; In the Testate Estate
of Isidro Aragon, L-2920, Jan. 23, 1951; Lake v. Harrington,
120 Miss. 74(1953);
QQ) Generic Gifts;
RR) Liability of Fruits for Debts;
SS) Rule in Case of Money;
TT) Order of Preference for Legacies and Devises;
UU) Rule Under the Code of Civil Procedure; When Code of
Civil Procedure Does Not Apply;
VV) Keyword For Art. 950 (RPSESA);
WW) Remuneratory Legacies or Devises Defined;
XX) Legacies for Support and Education;
YY) Specific Things; Accessions and Accessories;
ZZ) Delivery of the Gift;
AAA) Necessity of Making Request for Delivery;
BBB) When Order for Distribution of Residue is Made;
CCC) Testimony Taken on Controversy Preserved;
DDD) Partly Onerous and Partly Gratuitous Gifts;
EEE) Indivisible Gifts; Onerous and Gratuitous Gifts.
FFF) Effect of Incapacity or Repudiation;
GGG) Accretion Defined; ISRAI;
HHH) When Legacy or Devise is Without Effect; Par. 1
TRANSFORMS; Par. 2 ALIENATES; Paragraph 3
LOST;
III) Effect of Mistake in Name of Thing;
JJJ) Disposition in General Terms.

XV. LEGAL OR INTESTATE SUCCESSION

A) Legal Succession Defined; Testate Estate of the Late Adrian

Maloto v. Maloto (1st Div.), L-32328, Sept. 30, 1977, 79
SCRA 232;
B) Reason, Purpose, or Basis for Legal Succession; Explanation
of First Paragraph; Explanation of Second Paragraph;
Explanation of Third Paragraph; Explanation of Fourth
Paragraph;
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C) When Intestate Heirs Can Inherit;

D) Query: Does Preterition Convert a Court Proceeding into an
Intestate Proceeding?;
E) Who Inherits in Default of Testamentary Heirs; Heirs of the
Late Mario V. Chanliongco, Adm. Matter No. 190 RET., Oct.
18, 1977;
F) Query: May Intestate Heirs be Disinherited?; Principles for
the Exclusion of an Intestate Heir;
G) Two Basic Principles of Intestate Succession;
H) Principle of Nearer Excludes the Farther; Question; Some
Important Rules.
I) RELATIONSHIP Determination of Proximity of Relationship;
Direct and Collateral Lines; Descending and Ascending
Lines; Computation of Degrees; Full Blood Distinguished
from Half Blood Relationship; Accretion in Intestate
Succession.
J) RIGHT OF REPRESENTATION Right of Representation;
K) Rules in Adoption; Effects of Adoption;
L) Representation Covers Rights and Obligations; Person from
whom Representative Inherits; Where right of Representation
Takes Place; Case; Salao, et al. v. Salao, L-26699, March 16,
1976, 70 SCRA 65; Capacity of Representative to Inherit;
M) Inheritance Per Stripes; Two Ways of Inheriting;
Inheritance by Nephews and Nieces; BAR QUESTION 1953;
Right of Renouncer to Represent; Renouncer Cannot Be
Represented.
N) ORDER OF INTESTATE SUCCESSION
DESCENDING DIRECT LINE Reason for Preference of the
Descending Direct Line; Order of Intestate Succession to the
Estate of a Legitimate Child; Order of Intestate Succession to
the Estate of an Illegitimate Child; Succession by Legitimate
and Legitimated Children; Rules for Adopted Children;
Inheritance by Children Concurring With Grandchildren;
Inheritance by Grandchildren; Inheritance by Nephews and
Nieces; Shares of Illegitimate Children Concurring With
Legitimate Children.
O) ASCENDING DIRECT LINE Inheritance by Parents and
Ascendants; Shares of Parents.
P) ILLIGITIMATE CHILDREN Illegitimate Children Concurring
With Descendants of Another Illegitimate Child; Example;
Transmission of Hereditary Rights of Illegitimate Children;
Descendants Referred To; Illegitimate Children Concurring
With Legitimate Ascendants; Question on Partial Intestacy;
General Rule on Partial Intestacy; The Barrier Between the
Legitimate and the Illegitimate Families; Example; Diaz, et al.
v. IAC, et al., L-66574, June 17, 1987; Leonardo v. Court of
Appeals, GR 51263, Feb. 28, 1983; Corpuz v.
Administrator, L-22469, Oct. 23, 1978; Problem; Anuran v.
Aquino, 38 Phil. 32; Llorente v. Rodriguez, 10 Phil. 585;
Director of Lands v. Aguas, 63 Phil. 279; BAR QUESTION;
BAR 1913; Inheritance by the Illegitimate Parents;
Problems; Intestate Shares of Surviving Spouse; Example;
Resume of the Order of Intestate Succession to the Estate of
an Illegitimate Child.
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Q) SURVIVING SPOUSE Inheritance by Surviving Spouse;

Tolentino v. Paras, GR =- 43905, May 3, 1983; Share of
Surviving Spouse Concurring With Children; Query; Arcenas
v. Cinco (2nd Div.), L-29288, Nov. 29, 1976; Heirs of the Late
Mario V. Chanliongco, Adm. Matter No. 190-RET, Oct. 18,
1977; Share of Surviving Spouse With Legitimate Parents or
Ascendants;
R) Problem in Partial Intestacy; Intestate Shares of Surviving
Spouse Concurring With Illegitimate Chidren; share of
Surviving Spouse Concurring With Children or Other
Descendants; Example; Problem; Share of Surviving Spouse
Concurring With Legitimate Ascendants and Illegitimate
Children; Rosario v. Conanan (1st Div.), L-37903, March 30,
1977; Problem in Case of Partial Intestacy; Share of
Surviving Spouse Concurring With Brothers, Sisters,
Nephews, and Nieces; Example; Brothers and Sisters
Excluded by Illegitimate Children of the Deceased; Rules in
Case of Legal Separation.
S) COLLATERAL RELATIVES Inheritance by Collaterals;
Shares of Brothers and Sisters; Presence of a Brother;
Filomena Abellana de Bacayo v. Gaudencio Ferraris de
Borromeo, et al., L-19382, Aug. 31, 1965; Shares of Brothers
and Sisters Concurring With Nephews and Nieces; Right of
Representation in the Collateral Line; The Govt. Service
Insurance System v. Susana, Romualdo, Julian, Macario A.
Moises, Macario C. Adriano, Celestina, and Luisa, all
surnamed Custodio, L-26170, Jan. 27, 1969; Filomena
Abellana de Bacayo v. Gaudencio Ferraris de Borromeo, et
al., L-19382, Aug. 31, 1965; Full Blood Concurring With Half
Blood; Bicomong v. Almanza (1st Div.), L-37365, Nov. 29,
1977, 80 SCRA 421; Half Blood Brothers and Sisters From
Both Sides; How Children of Brothers and Sisters of the Half
Blood Inherit; Inheritance by Other Collateral Relatives;
Tioco De Papa v. Camacho, G.R. No. 28032, Sept. 24, 1986.
T) THE STATE Inheritance by the State; How the State
Inherits; ESCHEATS; How Estate Inherited by the State is
Distributed; Rule If Legal Heir Files a Claim; Some Cardinal
Principles of Intestate Succession; Simpler Table of Intestate
Shares.