TONETTE REPAREJO SANTILLAN

SUCCESSION 2. Extraordinary Absence. In an absence of 4

years, he is deemed to have died at or
Midterm Reviewer about the time when he disappeared in the
ff. circumstances:

a. If he is on board a vessel lost during

SUCCESSION. It is a mode of acquisition by virtue of
a sea voyage, or an aeroplane
which the property, rights and obligations to the
which is missing, who has not been
extent of the value of the inheritance, of a person
heard of since the loss the vessel or
are transmitted through his death to another or
aeroplane.
others either by his will or by operation of law. (Art.
774, NCC) b. If he is in the armed forces who has
taken part in a war, and has been
Note:
missing; or
 ONLY transmissible rights and obligations
c. If he has been in a danger of death
pass by succession.
under other circumstances and his
CHARACTERISTICS OF SUCCESSION existence has not been known. (Art.
391, NCC)
1. A mode of acquiring ownership;
Note:
2. A gratuitous transmission;
 The person is deemed to have died at the
3. A transmission of property, rights and time of disappearance and not at the end of
obligations to another to the extent of the 4 years.
value of the inheritance;

4. A transmission by virtue of death; and

B. SUBJECTIVE ELEMENTS
5. A transmission that occurs either by will or
by law. a. Decedent- the person whose
property is transmitted through
ELEMENTS OF SUCCESSION succession, whether or not he left a
will.
A. OPENING OF SUCCESSION. Succession is
opened by the death of the person from b. Heirs- those who are called to the
whom the inheritance comes, i.e., the whole or to an aliquot portion of
decedent, and from that moment on the the inheritance either by will or by
rights to the succession are transmitted to operation of law.
the heirs or successors.
1. Compulsory Heirs- those who
The inheritance of a person succeed by force of law to some
includes not only property and the portion of the inheritance in an
transmissible rights and obligations existing amount predetermined by law
at the time of his death but also those known as legitime.
which have accrued thereto since the
opening of succession. (Art. 781) 2. Voluntary Heirs- those who
succeed by virtue of the will of
Determination of the Time of Death in Case of the testator, to the whole or
Preseumptive Death aliquot portion of the
disposable free portion of the
1. Ordinary Absence. If the death cannot be hereditary estate.
proved by ordinary rules of evidence, the
absentee is presumed to have died at the 3. Devisees- persons to whom
time of the expiration of the period gifts of real property are given.
designated by law.
4. Legatees- persons to whom
a. 7 years- for all purposes except gifts of personal property are
succession given.

b. 10 years- for purpose of succession VOLUNTARY HEIRS LEGATEES/DEVISEES

will or operation of law Will only
c. 5 years- Above 75 years old (Art. Universal Title Particular Title
390, NCC) Called to succeed to an Called to succeed to
indeterminate or individual items or
aliquot portion. property.
TONETTE REPAREJO SANTILLAN
Note:
 No heir may enter into a contract with
respect to his future share in the
inheritance because at this point the heirs
have only a mere hope or expectancy,
absolutely inchoate in character, to their
share. In other words, there is no vested
right yet.
CAPACITY TO SUCCEED (Art. 1025)
GR: In order to be capacitated to inherit, the heir,
devisee, or legate must be living at the moment the
succession opens.
XPN: Representation
Note:
 A child already conceived at the time of the
death of the testator is capable of
succeeding provided: (Art. 41)
a. It is alive at the time it is completely
delivered from the mother’s womb; and
b. If it has an intra-uterine life of less than
7 months, it must live for 24 hours after
its complete delivery.
INCAPACITY/DISQUALIFICATION
Disqualification Due to Possible Influence:
1. The 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. The relatives of such priest or minister of
the gospel within the fourth degree, the
church, order, chapter, community,
organization, or institution to which such
priest or minister may belong;
3. A 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 should die after the approval
thereof; nevertheless, any provision made
by the ward in favor of the guardian when
the latter is his ascendant, descendant,
brother, sister, or spouse, shall be valid;
4. Any attesting witness to the execution of a
will, the spouse, parents, or children, or any
one claiming under such witness, spouse,
parents, or children;
5. Any physician, surgeon, nurse, health
officer or druggist who took care of the
testator during his last illness;
6. Individuals, associations and corporations
not permitted by law to inherit. (Art. 1027)
Disqualification Due to Unworthiness:
1. Parents who have abandoned their children
or induced their daughters to lead a corrupt
or immoral life, or attempted against their
virtue;
2. Any person who has been convicted of an
attempt against the life of the testator, his
or her spouse, descendants, or ascendants;
3. Any person who has accused the testator of
a crime for which the law prescribes
imprisonment for six years or more, if the
accusation has been found groundless;
4. Any heir of full age who, having knowledge
of the violent death of the testator, should
fail to report it to an officer of the law
within a month, unless the authorities have
already taken action; this prohibition shall
not apply to cases wherein, according to
law, there is no obligation to make an
accusation;
5. Any person convicted of adultery or
concubinage with the spouse of the
testator;
6. Any person who by fraud, violence,
intimidation, or undue influence should
cause the testator to make a will or to
change one already made;
7. Any person who by the same means
prevents another from making a will, or
from revoking one already made, or who
supplants, conceals, or alters the latter's
will;
8. Any person who falsifies or forges a
supposed will of the decedent.
Disinheritance
GR: The testator cannot deprive the compulsory
heirs of their legitime.
XPN: Disinheritance
Requisites:
1. It must be made in a will;
2. It must be for a cause specified by law;
3. The will must specify the cause;
4. It must be unconditional;
5. It must be total;
6. The cause must be true; and
7. If the truth of the cause is denied, it must
be proved by the proponent.
Note:
TONETTE REPAREJO SANTILLAN
 If the testator did not dispose of the free
portion, the compulsory heir is still entitled
to receive.
Art. 919. The following shall be sufficient causes
for the disinheritance of children and descendants,
legitimate as well as illegitimate:
1. When a child or descendant has been found
guilty of an attempt against the life of the
testator, his or her spouse, descendants, or
ascendants;1
2. When a child or descendant has accused
the testator of a crime for which the law
prescribes imprisonment for six years or
more, if the accusation has been found
groundless;
3. When a child or descendant has been
convicted of adultery or concubinage with
the spouse of the testator; 2
4. When a child or descendant by fraud,
violence, intimidation, or undue influence
causes the testator to make a will or to
change one already made;
5. A refusal without justifiable cause to
support the parent or ascendant who
disinherits such child or descendant;3
6. Maltreatment of the testator by word or
deed, by the child or descendant; 4
7. When a child or descendant leads a
dishonorable or disgraceful life; 5
8. Conviction of a crime which carries with it
the penalty of civil interdiction.
Art. 920. The following shall be sufficient causes
for the disinheritance of parents or ascendants,
whether legitimate or illegitimate:
1. When the parents have abandoned their
children or induced their daughters to live a
corrupt or immoral life, or attempted
against their virtue;
2. When the parent or ascendant has been
convicted of an attempt against the life of
the testator, his or her spouse,
descendants, or ascendants;
3. When the parent or ascendant has accused
the testator of a crime for which the law
prescribes imprisonment for six years or
1
Conviction is required.
2
Conviction is required.
3
There must have been a need and demand for support.
4
It is required that the act of verbal or physical assault be
of serious nature. No conviction is required.
5 6
There must be a habituality to the conduct. The
dishonorable or disgraceful conduct or pattern of
behavior need not be sexual in nature, although it may
often be that.
more, if the accusation has been found to
be false;
4. When the parent or ascendant has been
convicted of adultery or concubinage with
the spouse of the testator;
5. When the parent or ascendant by fraud,
violence, intimidation, or undue influence
causes the testator to make a will or to
change one already made;
6. The loss of parental authority for causes
specified in this Code;
7. The refusal to support the children or
descendants without justifiable cause;
8. An attempt by one of the parents against
the life of the other, unless there has been
a reconciliation between them.6
Art. 921. The following shall be sufficient causes
for disinheriting a spouse:
1. When the spouse has been convicted of an
attempt against the life of the testator, his
or her descendants, or ascendants;
2. When the spouse has accused the testator
of a crime for which the law prescribes
imprisonment of six years or more, and the
accusation has been found to be false;
3. When the spouse by fraud, violence,
intimidation, or undue influence cause the
testator to make a will or to change one
already made;
4. When the spouse has given cause for legal
separation; 7
5. When the spouse has given grounds for the
loss of parental authority;
6. Unjustifiable refusal to support the children
or the other spouse.8
Note:
 An action for a declaration of incapacity and
for the recovery of the inheritance, devise
or legacy shall be brought within 5 years
from the time the disqualified person took
possession thereof. (Art. 1040)
OBJECTIVE ELEMENTS
The inheritance includes all properties, right
and obligations of a person which are not
extinguished by his death.9
The inheritance of a person includes not
only property and the transmissible rights and
No conviction is required.
7
A degree of legal separation is not required.
8
Actual loss of parental authority is required.
9
Art. 776
TONETTE REPAREJO SANTILLAN

obligations existing at the time of his death but also
those which have accrued thereto since the opening
of succession.10
GR: After-Acquired Properties are excluded
Intrinsic Validity. The national law of the decedent
governs the intrinsic validity if the will, capacity to
succeed, amount of successional rights and order of
succession.

XPN: Mistake by the testator that he owns whole of

the property is evident. INTRINSIC EXTRINSIC
Includes the order of Deals with forms and
TESTAMENTARY SUCCESSION succession, the solemnities in the making
amount of of wills.
Will- an act whereby a person is permitted, with the
successional rights,
formalities prescribed by law, to control to a certain
capacity to succeed,
degree the disposition of his estate, to take effect
and the intrinsic
after his death.11
validity of the
Characteristics of a Will: provisions of the will.
Lex nationalii Lex loci celebrationis or
1. Purely statutory; National Law lex nationalii
2. Purely personal;  Alien abroad- lex
3. Free and intelligent; nationalii
4. Disposes of property;  Filipino abroad-
5. Revocable and ambulatory; lex nationalii or
6. Formal or solemn; lex loci
7. Executed with testamentary capacity; celebrationis
8. Executed with animus testandi;
9. Unilateral;
10. Mortis causa; and Note:
11. Individual.
 Extrinsic validity of a will must be reckoned
INTERPRETATION OF WILLS from execution.

Kinds of Ambiguities: CAPACITY TO MAKE A WILL

1. Patent or Extrinsic- those which appear on Who Can Make a Will:

the face of the will itself.
1. All persons who are not expressly
2. Latent or Intrinsic- those which do not prohibited by law;
appear on the face of the will and are
discovered only by extrinsic evidence. 2. At least 18 years of age; and

Notes: 3. Of sound mind.

 GR: intrinsic or extrinsic evidence may be Deaf /Deaf-Mute/Illiterate Testator Requirements:

used to ascertain the intention of the
1. Personal reading of the will, if able to do so;
testator.
or
XPN: The oral declarations of the testator as
2. If not possible, designation of 2 persons to
to his intentions must be excluded.
read the will and communicate to him in
 Before the death of the testator but after some practicable manner, the contents
execution of the will, the new law has no thereof.
effect.
Blind Testator Requirements:
 After the death of the testator, the rules Double Reading Requirement
have no effect because the heirs have
already a vested right. 1. by one of the subscribing witnesses; and
Extrinsic Validity. The validity of a will as to its form 2. Notary public before whom the will is
depends upon the observance of the law in force at acknowledged.
the time it is made.12
Kinds of Wills:

1. Notarial; and
2. Holographic
10
Art. 781
11
Art. 783 Formal and Essential Requisites Of a Will

12
Art. 795 Common Formalities of a Will (Art. 804)
TONETTE REPAREJO SANTILLAN

1. It must be in writing; and the testator must authenticate the same by

2. Executed in a language or dialect known to his full signature.
the testator.  Neither the notary nor any of the attesting
witnesses can sign in behalf of the testator.
NOTARIAL WILL
 Signature must be placed at the end of the
1. In writing; will.
2. Executed in the language or dialect known  Doubt as to insertion will nullify the will.
to the testator;  Location of marginal signatures whether left
3. Subscribed at the end thereat either by the or right is immaterial.
testator himself or by the testator’s name  When the last page has still dispositions, it
written by other person in his presence and must have a marginal signature even if it is
through his express direction;13 in the same place as the attestation clause
4. Attested and subscribed by at least 3 and the acknowledgement.
competent witnesses in the presence of the
Attestation Clause. Memorandum or record of facts
testator and of one another.
wherein the witnesses certify that the will has been
5. The testator or person requested by him
duly executed.
and the instrumental witnesses shall sign
the will and every page thereat except to Content:
the last page on the left margin;
6. All of the pages of the will shall be 1. The number of pages used;
numbered correlatively in letters on the 2. The fact that the testator signed the will
upper part of the page; and every page thereof, or caused some
7. It must contain and attestation clause; and other person to write his name, under his
8. It must acknowledged before a notary express direction, in the presence of the
public by the testator and the subscribing instrumental witnesses; and
witnesses. 3. That the witnesses witnessed and signed
the will and the pages thereof in the
Signature by Another: presence of the testator and of one
another.
1. It must be the testator’s name that must
have been written by the 3rd person; ATTESTATION SUBSCRIPTION
2. The testator’s name must have been Act of senses Act of hands
written in his presence; Mental act Mechanical act
3. The 3rd person must have affixed the To render available identification
testator’s name at his express direction; proof during probate
4. The fact should be stated in the attestation
clause. Notes:
5. It should take place in the presence of the
instrumental witnesses.  The attestation clause need not be written
in a language or dialect known to the
Notes:
testator nor to the attesting witnesses since
 Date of the will is not essential in notarial it does not form part of the testamentary
but essential in holographic will. disposition.
 It does not matter on what material it is WITNESSES TO WILLS:
written in ordinary wills.
 Marginal signatures are mandatory. 1. Of sound mind;
 Order of signing is not important for as long 2. At least 18 years of age;
as it is done in the presence of one another. 3. Not blind, deaf, or mute;
 In case of any insertion, cancellation, 4. Able to read and write;
erasure or alteration in a holographic will, 5. Domiciled in the Philippines; and
6. Not convicted of final judgment of
13
It must be a customary signature. falsification of a document, perjury, or false
A complete signature is not essential to the validity of a testimony.
will.
Signature by mark is allowed provided that it can be HOLOGRAPHIC WILL
properly established that it is the testator’s usual
signature.
TONETTE REPAREJO SANTILLAN

1. Entirely written by the hand of the testator; REVOCATION DISALLOWANCE

2. Dated by the hand of the testator; Voluntary act Judicial decree
3. Signed by the hand of the testator; and With or without legal With legal cause
4. Executed in the language/dialect known to cause
Partial/total Total
the testator.
During the lifetime After death
Notes: During the lifetime After death

 Full signature is not required in holographic

wills except in cases of any insertion,
cancellation, erasure or alteration.
 If holographic will is NOT contested, there
must be at least 1 witness who knows the
handwriting and signature of the testator. If
contested, at least 3 of such witnesses.
 The true test of presence of the testator
and the witnesses in the execution of a will
is not whether they actually saw each other
sign, but whether they might have seen
each other sign, ad they chosen to do so,
considering their mental and physical
condition and position with relation to each
other at the moment of inscription of each
signature. (Nera v. Rimando)
CODICIL. It a supplement/addition to a will, made
after the executive of a will and annexed to be
taken as part thereof, by which any disposition
made in the original will is explained, added to, or
altered. It prevails in case of conflict for being the
later expression of the testator’s will.
Grounds for Disallowance
1. Formalities have not been complied with;
2. Executed through force or under duress, or
the influence of fear, or threats;
3. Procured by undue and improper pressure
and influence;
4. Mistake by testator; Insanity of the testator;
and
5. Signature was procured by fraud.
Notes:
 There is a presumption of animuc revocandi
in the absence of other evidence.
 If a testator revokes a will with an intention
of making a new one immediately and as a
substitute, and the new will is not made, or
if made, fails to take effect for any reason, it
will be presumed that the testator
preferred the old will than intestacy.
(Doctrine of Dependent Relative
Revocation)

REVOCATION OF WILLS. It is the act of mind, REPUBLICATION REVIVAL

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.
Modes of Revocation
1. By implication of law;
2. By subsequent instrument;
3. Destruction of the will (Animus Revocandi)
a. Burning
b. Tearing
c. Cancelling
d. Obliterating
Requisites for Destruction of the Will:
1. Completion of the subjective phase;
2. Actual physical act of destruction;
3. Testamentary capacity at the time of
destruction;
4. Performed by the testator himself or by
some other person in his presence, and by
his express direction.
Act of testator Operation of law
Corrects extrinsic and Restores a revoked will
intrinsic defects
PRETERITION. Omission in the testator’s will of one,
some, or all of the compulsory heirs in the direct
line, whether living at the time of the will or born
after the death of the testator.
Preterition Requisites
1. The heir omitted must be a compulsory
heir in the direct line;
2. It must be complete and total in
character; and
3. The heir must survive the testator.
Notes:
 Spouse is not in the direct line. She cannot
annul the institution of an heir but she can
ask for her legitime.
 Annulment is like there is no will, hence it is
intestacy. If there are devisees and legatees
TONETTE REPAREJO SANTILLAN

who are not inofficious it will only be a

partial intestacy.
 Preterition only applies when legitime is
affected.