Вы находитесь на странице: 1из 9

SUCCESSION retroactive effect only when they do not

CHAPTER 1 prejudice or impair vested or acquired

General Provisions rights of the same origin. The right of
Article 774. Succession is a mode of ownership over the land
acquisition by virtue of which the property,  Ownership passes to the heir at the very
rights and obligations to the extent of the value moment of death who therefore, from that
of the inheritance, of a person are transmitted moment, acquires the right to dispose of
through his death to another or others either his share
by his will or by operation of law. (n)  DE BORJA V. VDA. DE BORJA: there is no
 SUCCESSION- mode of acquisition by bar for the heir to dispose of her share
virtue of which, the property, rights, and immediately upon death of the decedent
obligations to the extent of the value of even if actual extent is not yet determined.
inheritance, of a person is transmitted The agreement is a sale of shares and not a
through his death to another or others, settlement of estate.
either by his will or by operation of law  The heirs have the right to be substituted
 Kinds: for deceased as party in an action that
a. As to moment of transition: mortis survives
causa (death); inter vivos (living)  BONILLA V. BARCENA: the heirs may be
b. As to extend of PRO transmitted: substituted to the deceased party because
universal (entire); particular upon the latter’s death, her claim or rights
(partial/devise/legacy) to the land were not extinguished but were
c. As to importance: compulsory; transmitted to her heirs
testamentary; intestate
 Parties: Article 778. Succession may be:
a. Decedent: testator (will); decedent (1) Testamentary;
(intestate) (2) Legal or intestate; or
b. Successor: heir (related by blood); (3) Mixed. (n)
devisee or legatee (personal or real Article 779. Testamentary succession is that
property) which results from the designation of an heir,
 Only transmissible rights and obligations made in a will executed in the form prescribed
pass by succession by law. (n)
 Pecuniary obligations must be paid first Article 780. Mixed succession is that effected
before distributing the estate partly by will and partly by operation of law.
obligations of guarantor are transmissible.
Contracts take effect only between parties, Article 781. The inheritance of a person
their assigns and heirs unless they are includes not only the property and the
transmissible by their nature, by transmissible rights and obligations existing at
stipulation or by operation of law. the time of his death, but also those which
have accrued thereto since the opening of the
Article 775. In this Title, "decedent" is the succession. (n)
general term applied to the person whose  BEST DELETED!
property is transmitted through succession,
whether or not he left a will. If he left a will, he Article 782. An heir is a person called to the
is also called the testator. (n) succession either by the provision of a will or
Article 776. The inheritance includes all the by operation of law.
property, rights and obligations of a person Devisees and legatees are persons to whom
which are not extinguished by his death. (659) gifts of real and personal property are
Article 777. The rights to the succession are respectively given by virtue of a will. (n)
transmitted from the moment of the death of  HEIR- one who succeeds to the whole or
the decedent. (657a) an aliquot part of the inheritance
 Inheritance includes all PRO which are not  DEVISEE- succeeds to definite, specific,
extinguished by his death individual real properties
 right to succession are transmitted from  LEGATEE- succeeds to definite, specific,
the moment of death of decedent individual person properties
 the law at the time of decedent’s death will  WILL- act whereby a person is permitted,
determine who the heirs should be with the formalities prescribed by law, to
 USON V. DEL ROSARIO: the right granted control to a certain degree the disposition
under the NEW CC cannot be given of his estate, to take effect after his death
retroactive effect. New rights have
CHAPTER 2 a. Property or amount of money to be
Testamentary Succession given
SECTION 1 b. Class or cause to be benefited
Wills  Two things he may delegate:
SUBSECTION 1. Wills in General a. Designation of persons, institutions or
Article 783. A will is an act whereby a person establishments within the class or
is permitted, with the formalities prescribed cause
by law, to control to a certain degree the b. Manner of distribution
disposition of this estate, to take effect after
his death. (667a) Article 787. The testator may not make a
 Characteristics of Wills: testamentary disposition in such manner that
1. Purely personal another person has to determine whether or
2. Free and intelligent not it is to be operative. (n)
3. Solemn and formal
4. Revocable and ambulatory Article 788. If a testamentary disposition
5. Mortis causa admits of different interpretations, in case of
6. Individual doubt, that interpretation by which the
7. Executed with animus testandi disposition is to be operative shall be
8. Executed with testamentary capacity preferred. (n)
9. Unilateral  Thing may rather be effective than be
10. Dispositive of property without effect
11. Statutory
 SEANGIO V. REYES: the disinheritance of a Article 789. When there is an imperfect
son is an act of disposition of the property description, or when no person or property
of the testator in favor of those who would exactly answers the description, mistakes and
succeed in the absence of the person omissions must be corrected, if the error
disinherited appears from the context of the will or from
extrinsic evidence, excluding the oral
Article 784. The making of a will is a strictly declarations of the testator as to his intention;
personal act; it cannot be left in whole or in and when an uncertainty arises upon the face
part to the discretion of a third person, or of the will, as to the application of any of its
accomplished through the instrumentality of provisions, the testator's intention is to be
an agent or attorney. (670a) ascertained from the words of the will, taking
 Making of a will is purely personal into consideration the circumstances under
 What is non-delegable is the exercise of which it was made, excluding such oral
the disposing power, not mechanical acts declarations. (n)
(sign)  LATENT- not obvious on the face of the
Article 785. The duration or efficacy of the  PATENT- obvious on the face of the will
designation of heirs, devisees or legatees, or  Clear up/ resolve in order to give effect to
the determination of the portions which they the disposition by any evidence admissible
are to take, when referred to by name, cannot
be left to the discretion of a third person. Article 790. The words of a will are to be
(670a) taken in their ordinary and grammatical sense,
 The following are non-delegable: unless a clear intention to use them in another
1. Designation of heirs, devisees, legatees sense can be gathered, and that other can be
2. Duration or efficacy of such ascertained.
designation Technical words in a will are to be taken in
3. Determination of portions they are to their technical sense, unless the context
receive clearly indicates a contrary intention, or
unless it satisfactorily appears that the will
Article 786. The testator may entrust to a was drawn solely by the testator, and that he
third person the distribution of specific was unacquainted with such technical sense.
property or sums of money that he may leave (675a)
in general to specified classes or causes, and
also the designation of the persons, Article 791. The words of a will are to receive
institutions or establishments to which such an interpretation which will give to every
property or sums are to be given or applied. expression some effect, rather than one which
(671a) will render any of the expressions inoperative;
 Two things the testator must determine: and of two modes of interpreting a will, that is
to be preferred which will prevent intestacy. Article 801. Supervening incapacity does not
(n) invalidate an effective will, nor is the will of an
incapable validated by the supervening of
Article 792. The invalidity of one of several capacity. (n)
dispositions contained in a will does not result  ORTEGA V. VALMONTE: mere old age does
in the invalidity of the other dispositions, not mean that a person is not of sound
unless it is to be presumed that the testator mind. To be of sound mind, at the time of
would not have made such other dispositions the making of a will, the testator need only
if the first invalid disposition had not been know (1) the nature of the estate to be
made. (n) disposed of, (2) the proper objects of his
bounty, and (3) the character of the
Article 793. Property acquired after the testamentary act
making of a will shall only pass thereby, as if  BALTAZAR V. LAXA: soundness of mind is
the testator had possessed it at the time of presumed. Forgetfulness is not equivalent
making the will, should it expressly appear by to unsoundness of mind.
the will that such was his intention. (n)
Article 802. A married woman may make a
Article 794. Every devise or legacy shall cover will without the consent of her husband, and
all the interest which the testator could device without the authority of the court. (n)
or bequeath in the property disposed of, Article 803. A married woman may dispose
unless it clearly appears from the will that he by will of all her separate property as well as
intended to convey a less interest. (n) her share of the conjugal partnership or
Article 795. The validity of a will as to its form absolute community property. (n)
depends upon the observance of the law in SUBSECTION 3. Forms of Wills
force at the time it is made. (n) Article 804. Every will must be in writing and
 Aspects of validity: executed in a language or dialect known to the
a. Extrinsic- formal testator. (n)
b. Intrinsic- substantive Article 805. Every will, other than a
holographic will, must be subscribed at the
SUBSECTION 2. Testamentary Capacity end thereof by the testator himself or by the
and Intent testator's name written by some other person
Article 796. All persons who are not expressly in his presence, and by his express direction,
prohibited by law may make a will. (662) and attested and subscribed by three or more
Article 797. Persons of either sex under credible witnesses in the presence of the
eighteen years of age cannot make a will. (n) testator and of one another.
Article 798. In order to make a will it is The testator or the person requested by him to
essential that the testator be of sound mind at write his name and the instrumental
the time of its execution. (n) witnesses of the will, shall also sign, as
Article 799. To be of sound mind, it is not aforesaid, each and every page thereof, except
necessary that the testator be in full the last, on the left margin, and all the pages
possession of all his reasoning faculties, or that shall be numbered correlatively in letters
his mind be wholly unbroken, unimpaired, or placed on the upper part of each page.
unshattered by disease, injury or other cause. The attestation shall state the number of pages
It shall be sufficient if the testator was able at used upon which the will is written, and the
the time of making the will to know the nature fact that the testator signed the will and every
of the estate to be disposed of, the proper page thereof, or caused some other person to
objects of his bounty, and the character of the write his name, under his express direction, in
testamentary act. (n) the presence of the instrumental witnesses,
Article 800. The law presumes that every and that the latter witnessed and signed the
person is of sound mind, in the absence of will and all the pages thereof in the presence
proof to the contrary. of the testator and of one another.
The burden of proof that the testator was not If the attestation clause is in a language not
of sound mind at the time of making his known to the witnesses, it shall be interpreted
dispositions is on the person who opposes the to them. (n)
probate of the will; but if the testator, one Article 806. Every will must be acknowledged
month, or less, before making his will was before a notary public by the testator and the
publicly known to be insane, the person who witnesses. The notary public shall not be
maintains the validity of the will must prove required to retain a copy of the will, or file
that the testator made it during a lucid another with the office of the Clerk of Court.(n)
interval. (n) Article 807. If the testator be deaf, or a deaf-
mute, he must personally read the will, if able
to do so; otherwise, he shall designate two conformity with those which this Code
persons to read it and communicate to him, in prescribes. (n)
some practicable manner, the contents Article 817. A will made in the Philippines by
thereof. (n) a citizen or subject of another country, which
Article 808. If the testator is blind, the will is executed in accordance with the law of the
shall be read to him twice; once, by one of the country of which he is a citizen or subject, and
subscribing witnesses, and again, by the which might be proved and allowed by the law
notary public before whom the will is of his own country, shall have the same effect
acknowledged. (n) as if executed according to the laws of the
Article 809. In the absence of bad faith, Philippines. (n)
forgery, or fraud, or undue and improper Article 818. Two or more persons cannot
pressure and influence, defects and make a will jointly, or in the same instrument,
imperfections in the form of attestation or in either for their reciprocal benefit or for the
the language used therein shall not render the benefit of a third person. (669)
will invalid if it is proved that the will was in Article 819. Wills, prohibited by the
fact executed and attested in substantial preceding article, executed by Filipinos in a
compliance with all the requirements of article foreign country shall not be valid in the
805. (n) Philippines, even though authorized by the
Article 810. A person may execute a laws of the country where they may have been
holographic will which must be entirely executed. (733a)
written, dated, and signed by the hand of the SUBSECTION 4. - Witnesses to Wills
testator himself. It is subject to no other form, Article 820. Any person of sound mind and of
and may be made in or out of the Philippines, the age of eighteen years or more, and not
and need not be witnessed. (678, 688a) blind, deaf or dumb, and able to read and
Article 811. In the probate of a holographic write, may be a witness to the execution of a
will, it shall be necessary that at least one will mentioned in article 805 of this Code. (n)
witness who knows the handwriting and Article 821. The following are disqualified
signature of the testator explicitly declare that from being witnesses to a will:
the will and the signature are in the (1) Any person not domiciled in the
handwriting of the testator. If the will is Philippines;
contested, at least three of such witnesses (2) Those who have been convicted of
shall be required. falsification of a document, perjury or
In the absence of any competent witness false testimony. (n)
referred to in the preceding paragraph, and if Article 822. If the witnesses attesting the
the court deem it necessary, expert testimony execution of a will are competent at the time of
may be resorted to. (619a) attesting, their becoming subsequently
Article 812. In holographic wills, the incompetent shall not prevent the allowance
dispositions of the testator written below his of the will. (n)
signature must be dated and signed by him in Article 823. If a person attests the execution
order to make them valid as testamentary of a will, to whom or to whose spouse, or
dispositions. (n) parent, or child, a devise or legacy is given by
Article 813. When a number of dispositions such will, such devise or legacy shall, so far
appearing in a holographic will are signed only as concerns such person, or spouse, or
without being dated, and the last disposition parent, or child of such person, or any one
has a signature and a date, such date validates claiming under such person or spouse, or
the dispositions preceding it, whatever be the parent, or child, be void, unless there are three
time of prior dispositions. (n) other competent witnesses to such will.
Article 814. In case of any insertion, However, such person so attesting shall be
cancellation, erasure or alteration in a admitted as a witness as if such devise or
holographic will, the testator must legacy had not been made or given. (n)
authenticate the same by his full signature. (n) Article 824. A mere charge on the estate of the
Article 815. When a Filipino is in a foreign testator for the payment of debts due at the
country, he is authorized to make a will in any time of the testator's death does not prevent
of the forms established by the law of the his creditors from being competent witnesses
country in which he may be. Such will may be to his will. (n)
probated in the Philippines. (n) SUBSECTION 5. Codicils and Incorporation by
Article 816. The will of an alien who is abroad Reference
produces effect in the Philippines if made with Article 825. A codicil is supplement or
the formalities prescribed by the law of the addition to a will, made after the execution of
place in which he resides, or according to the a will and annexed to be taken as a part
formalities observed in his country, or in thereof, by which disposition made in the
original will is explained, added to, or altered. Article 831. Subsequent wills which do not
(n) revoke the previous ones in an express
Article 826. In order that a codicil may be manner, annul only such dispositions in the
effective, it shall be executed as in the case of a prior wills as are inconsistent with or contrary
will. (n) to those contained in the later wills. (n)
Article 827. If a will, executed as required by Article 832. A revocation made in a
this Code, incorporates into itself by reference subsequent will shall take effect, even if the
any document or paper, such document or new will should become inoperative by reason
paper shall not be considered a part of the will of the incapacity of the heirs, devisees or
unless the following requisites are present: legatees designated therein, or by their
(1) The document or paper referred to renunciation. (740a)
in the will must be in existence at the Article 833. A revocation of a will based on a
time of the execution of the will; false cause or an illegal cause is null and void.
(2) The will must clearly describe and (n)
identify the same, stating among other Article 834. The recognition of an illegitimate
things the number of pages thereof; child does not lose its legal effect, even though
(3) It must be identified by clear and the will wherein it was made should be
satisfactory proof as the document or revoked. (741)
paper referred to therein; and SUBSECTION 7. Republication and Revival
(4) It must be signed by the testator of Wills
and the witnesses on each and every Article 835. The testator cannot republish,
page, except in case of voluminous without reproducing in a subsequent will, the
books of account or inventories. (n) dispositions contained in a previous one
SUBSECTION 6. Revocation of Wills and which is void as to its form. (n)
Testamentary Dispositions Article 836. The execution of a codicil
Article 828. A will may be revoked by the referring to a previous will has the effect of
testator at any time before his death. Any republishing the will as modified by the
waiver or restriction of this right is void. codicil. (n)
(737a) Article 837. If after making a will, the testator
Article 829. A revocation done outside the makes a second will expressly revoking the
Philippines, by a person who does not have his first, the revocation of the second will does not
domicile in this country, is valid when it is revive the first will, which can be revived only
done according to the law of the place where by another will or codicil. (739a)
the will was made, or according to the law of SUBSECTION 8. Allowance and
the place in which the testator had his Disallowance of Wills
domicile at the time; and if the revocation Article 838. No will shall pass either real or
takes place in this country, when it is in personal property unless it is proved and
accordance with the provisions of this Code. allowed in accordance with the Rules of Court.
(n) The testator himself may, during his lifetime,
Article 830. No will shall be revoked except in petition the court having jurisdiction for the
the following cases: allowance of his will. In such case, the
(1) By implication of law; or pertinent provisions of the Rules of Court for
(2) By some will, codicil, or other the allowance of wills after the testator's a
writing executed as provided in case of death shall govern.
wills; or The Supreme Court shall formulate such
(3) By burning, tearing, cancelling, or additional Rules of Court as may be necessary
obliterating the will with the intention for the allowance of wills on petition of the
of revoking it, by the testator himself, testator.
or by some other person in his Subject to the right of appeal, the allowance of
presence, and by his express direction. the will, either during the lifetime of the
If burned, torn, cancelled, or testator or after his death, shall be conclusive
obliterated by some other person, as to its due execution. (n)
without the express direction of the Article 839. The will shall be disallowed in
testator, the will may still be any of the following cases:
established, and the estate distributed (1) If the formalities required by law
in accordance therewith, if its have not been complied with;
contents, and due execution, and the (2) If the testator was insane, or
fact of its unauthorized destruction, otherwise mentally incapable of
cancellation, or obliteration are making a will, at the time of its
established according to the Rules of execution;
Court. (n)
(3) If it was executed through force or Article 845. Every disposition in favor of an
under duress, or the influence of fear, unknown person shall be void, unless by some
or threats; event or circumstance his identity becomes
(4) If it was procured by undue and certain. However, a disposition in favor of a
improper pressure and influence, on definite class or group of persons shall be
the part of the beneficiary or of some valid. (750a)
other person; Article 846. Heirs instituted without
(5) If the signature of the testator was designation of shares shall inherit in equal
procured by fraud; parts. (765)
(6) If the testator acted by mistake or Article 847. When the testator institutes
did not intend that the instrument he some heirs individually and others collectively
signed should be his will at the time of as when he says, "I designate as my heirs A and
affixing his signature thereto. (n) B, and the children of C," those collectively
designated shall be considered as individually
instituted, unless it clearly appears that the
SECTION 2 intention of the testator was otherwise. (769a)
Institution of Heir Article 848. If the testator should institute his
Article 840. Institution of heir is an act by brothers and sisters, and he has some of full
virtue of which a testator designates in his will blood and others of half blood, the inheritance
the person or persons who are to succeed him shall be distributed equally unless a different
in his property and transmissible rights and intention appears. (770a)
obligations. (n) Article 849. When the testator calls to the
Article 841. A will shall be valid even though succession a person and his children they are
it should not contain an institution of an heir, all deemed to have been instituted
or such institution should not comprise the simultaneously and not successively. (771)
entire estate, and even though the person so Article 850. The statement of a false cause for
instituted should not accept the inheritance or the institution of an heir shall be considered as
should be incapacitated to succeed. not written, unless it appears from the will
In such cases the testamentary dispositions that the testator would not have made such
made in accordance with law shall be institution if he had known the falsity of such
complied with and the remainder of the estate cause. (767a)
shall pass to the legal heirs. (764) Article 851. If the testator has instituted only
Article 842. One who has no compulsory one heir, and the institution is limited to an
heirs may dispose by will of all his estate or aliquot part of the inheritance, legal
any part of it in favor of any person having succession takes place with respect to the
capacity to succeed. remainder of the estate.
One who has compulsory heirs may dispose of The same rule applies if the testator has
his estate provided he does not contravene the instituted several heirs, each being limited to
provisions of this Code with regard to the an aliquot part, and all the parts do not cover
legitime of said heirs. (763a) the whole inheritance. (n)
Article 843. The testator shall designate the Article 852. If it was the intention of the
heir by his name and surname, and when there testator that the instituted heirs should
are two persons having the same names, he become sole heirs to the whole estate, or the
shall indicate some circumstance by which the whole free portion, as the case may be, and
instituted heir may be known. each of them has been instituted to an aliquot
Even though the testator may have omitted part of the inheritance and their aliquot parts
the name of the heir, should he designate him together do not cover the whole inheritance,
in such manner that there can be no doubt as or the whole free portion, each part shall be
to who has been instituted, the institution increased proportionally. (n)
shall be valid. (772) Article 853. If each of the instituted heirs has
Article 844. An error in the name, surname, or been given an aliquot part of the inheritance,
circumstances of the heir shall not vitiate the and the parts together exceed the whole
institution when it is possible, in any other inheritance, or the whole free portion, as the
manner, to know with certainty the person case may be, each part shall be reduced
instituted. proportionally. (n)
If among persons having the same names and Article 854. The preterition or omission of
surnames, there is a similarity of one, some, or all of the compulsory heirs in the
circumstances in such a way that, even with direct line, whether living at the time of the
the use of other proof, the person instituted execution of the will or born after the death of
cannot be identified, none of them shall be an the testator, shall annul the institution of heir;
heir. (773a)
but the devises and legacies shall be valid charges or conditions are personally
insofar as they are not inofficious. applicable only to the heir instituted. (780)
If the omitted compulsory heirs should die Article 863. A fideicommissary substitution
before the testator, the institution shall be by virtue of which the fiduciary or first heir
effectual, without prejudice to the right of instituted is entrusted with the obligation to
representation. (814a) preserve and to transmit to a second heir the
Article 855. The share of a child or whole or part of the inheritance, shall be valid
descendant omitted in a will must first be and shall take effect, provided such
taken from the part of the estate not disposed substitution does not go beyond one degree
of by the will, if any; if that is not sufficient, so from the heir originally instituted, and
much as may be necessary must be taken provided further, that the fiduciary or first
proportionally from the shares of the other heir and the second heir are living at the time
compulsory heirs. (1080a) of the death of the testator. (781a)
Article 856. A voluntary heir who dies before Article 864. A fideicommissary substitution
the testator transmits nothing to his heirs. can never burden the legitime. (782a)
A compulsory heir who dies before the Article 865. Every fideicommissary
testator, a person incapacitated to succeed, substitution must be expressly made in order
and one who renounces the inheritance, shall that it may be valid.
transmit no right to his own heirs except in The fiduciary shall be obliged to deliver the
cases expressly provided for in this Code. inheritance to the second heir, without other
(766a) deductions than those which arise from
legitimate expenses, credits and
improvements, save in the case where the
SECTION 3 testator has provided otherwise. (783)
Substitution of Heirs Article 866. The second heir shall acquire a
Article 857. Substitution is the appointment right to the succession from the time of the
of another heir so that he may enter into the testator's death, even though he should die
inheritance in default of the heir originally before the fiduciary. The right of the second
instituted. (n) heir shall pass to his heirs. (784)
Article 858. Substitution of heirs may be: Article 867. The following shall not take
(1) Simple or common; effect:
(2) Brief or compendious; (1) Fideicommissary substitutions
(3) Reciprocal; or which are not made in an express
(4) Fideicommissary. (n) manner, either by giving them this
Article 859. The testator may designate one name, or imposing upon the fiduciary
or more persons to substitute the heir or heirs the absolute obligation to deliver the
instituted in case such heir or heirs should die property to a second heir;
before him, or should not wish, or should be (2) Provisions which contain a
incapacitated to accept the inheritance. perpetual prohibition to alienate, and
A simple substitution, without a statement of even a temporary one, beyond the
the cases to which it refers, shall comprise the limit fixed in article 863;
three mentioned in the preceding paragraph, (3) Those which impose upon the heir
unless the testator has otherwise provided. the charge of paying to various
(774) persons successively, beyond the limit
Article 860. Two or more persons may be prescribed in article 863, a certain
substituted for one; and one person for two or income or pension;
more heirs. (778) (4) Those which leave to a person the
Article 861. If heirs instituted in unequal whole or part of the hereditary
shares should be reciprocally substituted, the property in order that he may apply or
substitute shall acquire the share of the heir invest the same according to secret
who dies, renounces, or is incapacitated, instructions communicated to him by
unless it clearly appears that the intention of the testator. (785a)
the testator was otherwise. If there are more Article 868. The nullity of the
than one substitute, they shall have the same fideicommissary substitution does not
share in the substitution as in the institution. prejudice the validity of the institution of the
(779a) heirs first designated; the fideicommissary
Article 862. The substitute shall be subject to clause shall simply be considered as not
the same charges and conditions imposed written. (786)
upon the instituted heir, unless and testator Article 869. A provision whereby the testator
has expressly provided the contrary, or the leaves to a person the whole or part of the
inheritance, and to another the usufruct, shall
be valid. If he gives the usufruct to various acquiring his rights and transmitting them to
persons, not simultaneously, but successively, his heirs even before the arrival of the term.
the provisions of article 863 shall apply. (799a)
(787a) Article 879. If the potestative condition
Article 870. The dispositions of the testator imposed upon the heir is negative, or consists
declaring all or part of the estate inalienable in not doing or not giving something, he shall
for more than twenty years are void. (n) comply by giving a security that he will not do
or give that which has been prohibited by the
testator, and that in case of contravention he
SECTION 4 will return whatever he may have received,
Conditional Testamentary Dispositions together with its fruits and interests. (800a)
and Testamentary Dispositions With a Article 880. If the heir be instituted under a
Term suspensive condition or term, the estate shall
Article 871. The institution of an heir may be be placed under administration until the
made conditionally, or for a certain purpose or condition is fulfilled, or until it becomes
cause. (790a) certain that it cannot be fulfilled, or until the
Article 872. The testator cannot impose any arrival of the term.
charge, condition, or substitution whatsoever The same shall be done if the heir does not give
upon the legitimes prescribed in this Code. the security required in the preceding article.
Should he do so, the same shall be considered (801a)
as not imposed. (813a) Article 881. The appointment of the
Article 873. Impossible conditions and those administrator of the estate mentioned in the
contrary to law or good customs shall be preceding article, as well as the manner of the
considered as not imposed and shall in no administration and the rights and obligations
manner prejudice the heir, even if the testator of the administrator shall be governed by the
should otherwise provide. (792a) Rules of Court. (804a)
Article 874. An absolute condition not to Article 882. The statement of the object of the
contract a first or subsequent marriage shall institution, or the application of the property
be considered as not written unless such left by the testator, or the charge imposed by
condition has been imposed on the widow or him, shall not be considered as a condition
widower by the deceased spouse, or by the unless it appears that such was his intention.
latter's ascendants or descendants. That which has been left in this manner may
Nevertheless, the right of usufruct, or an be claimed at once provided that the instituted
allowance or some personal prestation may be heir or his heirs give security for compliance
devised or bequeathed to any person for the with the wishes of the testator and for the
time during which he or she should remain return of anything he or they may receive,
unmarried or in widowhood. (793a) together with its fruits and interests, if he or
Article 875. Any disposition made upon the they should disregard this obligation. (797a)
condition that the heir shall make some Article 883. When without the fault of the
provision in his will in favor of the testator or heir, an institution referred to in the preceding
of any other person shall be void. (794a) article cannot take effect in the exact manner
Article 876. Any purely potestative condition stated by the testator, it shall be complied with
imposed upon an heir must be fulfilled by him in a manner most analogous to and in
as soon as he learns of the testator's death. conformity with his wishes.
This rule shall not apply when the condition, If the person interested in the condition
already complied with, cannot be fulfilled should prevent its fulfillment, without the
again. (795a) fault of the heir, the condition shall be deemed
Article 877. If the condition is casual or to have been complied with. (798a)
mixed, it shall be sufficient if it happen or be Article 884. Conditions imposed by the
fulfilled at any time before or after the death of testator upon the heirs shall be governed by
the testator, unless he has provided otherwise. the rules established for conditional
Should it have existed or should it have been obligations in all matters not provided for by
fulfilled at the time the will was executed and this Section. (791a)
the testator was unaware thereof, it shall be Article 885. The designation of the day or
deemed as complied with. time when the effects of the institution of an
If he had knowledge thereof, the condition heir shall commence or cease shall be valid.
shall be considered fulfilled only when it is of In both cases, the legal heir shall be considered
such a nature that it can no longer exist or be as called to the succession until the arrival of
complied with again. (796) the period or its expiration. But in the first case
Article 878. A disposition with a suspensive he shall not enter into possession of the
term does not prevent the instituted heir from property until after having given sufficient
security, with the intervention of the
instituted heir. (805)