1 SUCCESSION REVIEW First Semester
I. General Provisions
-What is succession
-What does an inheritance include
-Who is a decedent, an heir
-What are the kinds of succession
II. Testamentary Succession
-Solemnities of a Will
-Kinds of Wills: Notarial and Holographic
-Who are qualified as a witness to a will
-Allowance and Disallowance
-Institution and Substitution of Heirs
-Legitime
-What are the grounds for disinheritance
III. Legal or Intestate Succession
-Right of Representation
-Shares of Surviving Spouse, Children, Parents in
case of intestacy
-Can the State inherit from its subjects?
IV. Provisions Common
-Right of Accretion
-If an heir repudiates the inheritance
-When repudiation becomes valid or invalid
-Collation
-Partition
ARTICLE 774. Succession is a mode of
acquisition by virtue of which the property,
rights and obligations to the extent of the
value of the inheritance, of a person are
transmitted through his death to another or
others either by his will or by operation of
law.
Bases for succession:
A. Natural law – which obliges a person to
provide for those he would leave behind
(this is a consequence of family relations; a
recognition of the natural law of
consanguinity or of blood and the natural
affection of a person toward those nearest
him in relationship)
B. Socio-economic postulate – which would
prevent wealth from becoming inactive or
stagnant
C. Implicit attributes of ownership – which
would be imperfect, if a person is not
allowed to dispose of his property, such
disposal to take effect when he is already
dead (this is a consequence of rights to
property)
ARTICLE 776. The inheritance includes all the
property, rights and obligations of a person
which are not extinguished by his death.
Inheritance – property or right acquired
Succession – mannerby virtue of which property or
right is acquired
WHEN DOES THE OPENING OF SUCCESSION
OCCUR?
ARTICLE 777. The rights to the succession
are transmitted from the moment of the
death of the decedent.
Requisites of Succession Mortis Causa:
1.death of decedent (actual or presumptive)
2. transmissible rights or properties
3. transferee is still alive
4. transferee is willing
5. transferee is capacitated to inherit; and
6. designated by decedent or by law.
Presumed death (kinds)
1. Ordinary – end of 10 years; 75 years old
2. Extraordinary – great probability of death;
presumed dead at the time of disappearance, not
at the end of 4 years; succession took place at the
time f the disappearance but ACTUAL division will
only be at the end of 4 years.
What happens if the absentee appears?
He shall recover his property in the
condition in which it may be found.
The price of any property that may have
been alienated or the property acquired therewith
Can he recover?
If the absentee APPEARS or bisag dili siya
mu-appear but his EXISTENCE IS PROVED, he shall
recover
1. his property in the condition in which it may be
found and
2. The price of any property that may have been
alienated or the property acquired therewith
2 SUCCESSION REVIEW First Semester
What are those that cannot be recovered?
a. Fruits
b. Rent
c. Those spent for food (consumption made in
good faith)
Heir, devisee or legatee has acquired the property
through prescription (lack of a just title, there being
no true succession)
Presumed death:
Ordinary Death (Art 390)
Shall be presumed dead for the purpose of opening
his succession at the end of ten years (5 years in
case he disappeared after the age of 75).
Death is presumed at the end of ten or five years
Extraordinary Death (Art 391)
Death is presumed to have occurred at the time of
loss and not at the end of four years
2 YEARS prescription period for persons unduly
deprived of his lawful participation in the estate.
Inheritance (estate) tax is a tax not on the property
itself but on the TRANSMISSION of the property.
The date the inheritance tax accrues is distinct
from the date on which it must be paid.
What is an Order of Adjudication?
This order is the judicial recognition that in
appointing persons as heirs, legatees or devisees,
the testator did not contravene the law and the
recipients were in no way disqualified to inherit in
the same manner that a final order admitting a will
to probate excludes the entire world from
contending that the statutory formal requisites
have not been observed in executing the will.
BAR (1991).
Q: For purposes of succession, when is death
deemed to occur or take place?
A: Death as a fact is deemed to occur when
it actually takes place. Death is presumed to take
place in the circumstances mentioned under Art.
390-391 of the Civil Code. The time of death is
presumed to be at the expiration of the 10-year
period as prescribed by Art. 390 and at the
moment of disappearance under Art. 391.
Q: May succession be conferred by contracts or
acts inter vivos? Illustrate.
A: Under Art. 84 of the FC amending Art.
130 of the CC, contractual succession is no longer
possible since the law now requires donations of
future property be governed by the provisions on
testamentary succession and formalities of wills.
Q: May succession be conferred by contracts or
acts inter vivos? Illustrate.
A: While the law prohibits contracts upon
future inheritance, the partition by the parent, as
provided in Art. 1080 is a case expressly authorized
by law. A person has two options in making a
partition of his estate: either by an act inter vivos
or by will.
If the partition is by will, it is imperative that such
partition must be executed in accordance with the
provisions of the law on wills; if by an act inter
vivos, such partition may be oral or written, and
need not be in the form of a will, provided the
legitime is not prejudiced.
Q: Is there any law which allows the delivery of to
compulsory heirs of their presumptive legitimes
during the lifetime of their parents? If so, in what
instances?
Under Arts. 51 and 52 of the FC, in case of legal
separation, annulment of marriage, declaration of
nullity of marriage and the automatic termination of
a subsequent marriage by the reappearance of the
absent spouse, the community property of the
spouses shall be dissolved and liquidated.
(2008) Q: At the age of 18, Marian found out that
she was pregnant. She insured her own life and
named her unborn child as her own beneficiary.
When she was already due to give birth, she and
her boyfriend Prieto, the father of her unborn child,
where kidnapped in a resort where they were
vacationing. They were found in an abandoned hut
in Cavite. Marian and Prieto were hacked with bolos.
Marian and the baby delivered died, with the baby’s
umbilical cord already cut. Prieto survived. Between
Marian and the baby, who is presumed to have
died ahead?
A: Marian is presumed to have died ahead of the
baby. Article 43 applies to persons who are called
3 SUCCESSION REVIEW First Semester
to succeed each other. The proof of death must be
established by positive or circumstantial evidence
derived from facts. It can never be established
from mere inference. In the present case, it is very
clear that only Marian and Pietro were hacked with
bolos. There was no showing that the baby was
also hacked to death. The baby’s death could have
been due to lack of nutrition.
Q: Will Prieto, as surviving biological father of the
baby, be entitled to claim the proceeds of the life
insurance on the life of Marian?
A: Yes, being a compulsory heir of the child.
1. When is the right to succeed acquired? Art. 777
2. How? Art. 778
Kinds of Succession:
A. Testamentary (Article 779)
with a valid will
B. Legal or intestate
by operation of law (without a will)
C. Mixed (Article 780)
partly by will and partly by OL
Special Kind (Contractual Succession)
- future husband and a future wife give to
each other future property, effective
mortis causa, by means of a marriage
settlement
Kinds of Succession:
-As to effectivity
-As to whether a will exists or not
-As to the transferees of the property
-As to the extent of the rights and obligations
involved
What does inheritance include?
Art. 781. The inheritance of a person includes
not only the property and the transmissible
rights and obligations existing at the time of
his death, but also those which have accrued
thereto since the opening of the succession.
Identification of terms:
(Article 782 – Causa habientes)
Heir:
-Compulsory
-Voluntary
-Legal or intestate
Devisee
Legatee
When does an heir assume a dual status?
(2009)
Q: TRUE OR FALSE. Explain your answer in not
more than two sentences.
A person can dispose of his corpse through
an act inter vivos. (1%)
A: FALSE. A person cannot dispose of his
corpse to take effect during his lifetime. But he is
allowed to do so through an act mortis causa, i.e.
an act to take effect upon his death.
REPUBLIC ACT NO. 7170 OR ORGAN
DONATION ACT OF 1991
Q: Who may execute a legacy? Sec. 3
Any individual, at least eighteen (18) years
of age and of sound mind, may give by way of
legacy, to take effect after his death, all or part of
his body for any purpose specified in Section 6
hereof.
Section 6. Persons Who May Become
Legatees or Donees. – The following persons
may become legatees or donees of human bodies
or parts thereof for any of the purposes stated
hereunder:
(a) Any hospital, physician or surgeon - For
medical or dental education, research,
advancement of medical or dental
science, therapy or transplantation
(b) Any accredited medical or dental school,
college or university - For education,
research, advancement of medical or
dental science, or therapy;
(c) Any organ bank storage facility - For
medical or dental education, research,
therapy, or transplantation; and
(d) Any specified individual - For therapy or
transplantation needed by him.
4 SUCCESSION REVIEW First Semester
Who may execute a donation? Sec. 4
(a) Any of the following persons, in the order
stated hereunder, in the absence of actual notice of
contrary intentions by the decedent or actual notice
of opposition by a member of the immediate family
of the decedent, may donate all or any part of the
decedent's body for any purpose specified in
Section 6 hereof:
(1) Spouse;
(2) Son or daughter of legal age;
(3) Either parent;
(4) Brother or sister of legal age; or
(5) Guardian over the person of the
decedent at the time of his death.
(b) The persons authorized by sub-section (a)
of this Section may make the donation after or
immediately before death.
How is legacy executed? What is the effect if the
will is not probated? Sec. 8
Legacy of all or part of the human body
under Section 3 hereof may be made by will. The
legacy becomes effective upon the death of the
testator without waiting for probate of the will. If
the will is not probated, or if it is declared invalid
for testamentary purposes, the legacy, to the
extent that it was executed in good faith, is
nevertheless valid and effective.
A legacy of all or part of the human body under
Section 3 hereof may also be made in any
document other than a will. The legacy becomes
effective upon death of the testator and shall be
respected by and binding upon his executor or
administrator, heirs, assigns, successors-in-interest
and all members of the family.
The document, which may be a card or any
paper designed to be carried on a person, must be
signed by the testator in the presence of two
witnesses who must sign the document in his
presence.
If the testator cannot sign, the document may be
signed for him at his discretion and in his presence,
in the presence of two witnesses who must,
likewise, sign the document in the presence of the
testator.
Delivery of the document of legacy during
the testator's lifetime is not necessary to make the
legacy valid.
Is it necessary to specify a legatee?
The legacy may be made to a specified
legatee or without specifying a legatee. If the
legacy is made to a specified legatee who is not
available at the time and place of the testator's
death, the attending physician or surgeon, in the
absence of any expressed indication that the
testator desired otherwise, may accept the legacy
as legatee.
Is it necessary to specify a legatee?
If the legacy does not specify a legatee, the
legacy may be accepted by the attending physician
or surgeon as legatee upon or following the
testator's death.
The physician who becomes a legatee
under this subsection shall not participate in the
procedures for removing or transplanting a part or
parts of the body of the decedent.
Section 10. Person(s) Authorized to Remove
Transplantable Organs. – Only authorized
medical practitioners in a hospital shall remove
and/or transplant any organ which is authorized to
be removed and/or transplanted…
Sec. 1. A person may validly grant to a licensed
physician, surgeon, known scientist, or any medical
or scientific institution, including eye banks and
other similar institutions, authority to detach at any
time after the grantor’s death any organ, part or
parts of his body and to utilize the same for
medical, surgical, or scientific purposes.
Similar authority may also be granted for
the utilization for medical, surgical, or scientific
purposes, of any organ, part or parts of the body
which, for a legitimate reason, would be detached
from the body of the grantor.”
Sec. 2. The authorization referred to in section one
of this Act must: be in writing; specify the person
or institution granted the authorization; the organ,
part or parts to be detached, the specific use or
uses to which the organ, part or parts are to be
5 SUCCESSION REVIEW First Semester
employed; and, signed by the grantor and two
disinterested witnesses.
If the grantor is a minor or an incompetent
person, the authorization may be executed by his
guardian with the approval of the court; in default
thereof, by the legitimate father or mother, in the
order, named. Married women may grant the
authority without the consent of the husband.
After the death of the person, authority to use
human organs or any portion or portions of the
human body for medical, surgical or scientific
purposes may also be granted by his nearest
relative or guardian at the time of his death or in
the absence thereof, by the person or head of the
hospital, or institution having custody of the body
of the deceased: Provided, However, That the said
person or head of the hospital or institution has
exerted reasonable efforts to locate the aforesaid
guardian or relative.
A copy of every such authorization must be
furnished the Secretary of Health.
TESTAMENTARY SUCCESSION
What is a will?
Art. 783. A will is an act whereby a person is
permitted, with the formalities prescribed by
law, to control to a certain degree the
disposition of his estate, to take effect after
his death.
Kinds of Will:
a. Notarial will
b. Holographic will
c. Nuncupative will - -oral will (not allowed)
WHAT ARE THE ESSENTIAL
CHARACTERISTICS OF A TESTAMENTARY
ACT? PASSCUFIRED
1. Personal Act (strictly)
2. Animus testandi (intent to make a will)
3. Solemn or formal act
4. Statutory Right (not natural)
5. Unilateral
6. Capacity (of the testator to make a will)
7. Free from vices of consent (otherwise,
disallowed)
8. Individual (as distinguished from joint)
9. Revocable (or ambulatory)
10. Disposes of the testator’s estate
11. Effective mortis causa (ambulatory)
If the will is to be made effective immediately, is it
valid?
A: No. It is deemed that there is no animus
testandi.
If not a will, and it is to be made effective
immediately, is it valid?
A: Yes. Donation.
What if the donation is not effective, what happens?
A: Legal succession takes place.
TESTAMENTARY SUCCESSION
Sec. 1 – Wills
Sec. 2 – Institution of Heir
Sec. 3 – Substitution of Heirs
Sec. 4 – Conditional Testamentary
Dispositions and Testamentary
Dispositions with a Term
Sec. 5 – Legitime
Sec. 6 – Disinheritance
Sec. 7 – Legacies and Devises
II. Testamentary Succession
-Solemnities of a Will
-Kinds of Wills: Notarial and Holographic
-Who are qualified as a witness to a will
-Allowance and Disallowance
-Institution and Substitution of Heirs
-Legitime
-What are the grounds for disinheritance?
How is illegal delegation of testamentary power
committed?
Discretion of 3rd Person
ARTICLE 785. The duration or efficacy of the
designation of heirs, devisees or legatees, or
the determination of the portions which they
are to take, when referred to by name,
cannot be left to the discretion of a third
person.
6 SUCCESSION REVIEW First Semester

Distinguish Testamentary Power and Testamentary How to read a Will?

Capacity
Testamentary Power Testamentary Capacity Refer to Articles 788-792 for:
Different Interpretations (788)
Staturoty rights to Right to make a will Kinds of Ambiguity in Wills (789)
dispose of property by provided certain Rules for Interpretation of Words (790)
acts effective mortis condition are complied Interpretation as a Whole (791)
causa with: Effect of Invalid Dispositions (792)
Articles 796, 797, 798,
This is a right given and 799 Why needed?
usually as a Possible different interpretations
consequence of
ownership and respect
for family relations The ability of one to Article 788. If a testamentary disposition
make a will admits of different interpretations, in case of
The privilege granted doubt, that interpretation by which the
by law to someone to disposition is to be operative shall be
make a will preferred.

Testamentary Capacity may be classified into
two:
1. Active: capacity to make a will or codicil
2. Passive: capacity to receive inheritance
What do you understand by the so-called “fixed law
of interpretation”?
A: The intention and desires of the testator is
clearly expressed in the will. This constitutes the
FLI.

ARTICLE 787. The testator may not make a KINDS OF AMBIGUITY OF WILLS
testamentary disposition in such manner that
another person has to determine whether or
not it is to be operative. Art. 789. When there is an imperfect
description, or when no person or property
What may be delegated? exactly answers the description, mistakes
and omissions must be corrected, if the error
appears from the context of the will or from
ARTICLE 786. The testator may entrust to a extrinsic evidence, excluding the oral
third person the distribution of specific declarations of the testator as to his
property or sums of money that he may leave intention; and when an uncertainty arises
in general to specified classes or causes, and upon the face of the will, as to the
also the designation of the persons, application of any of its provisions, the
institutions or establishments to which such testator's intention is to be ascertained from
property or sums are to be given or applied. the words of the will, taking into
consideration the circumstances under which
1. distribution of specific property or sums it was made, excluding such oral
of money that he may leave in general to specified declarations.
classes or causes, and
1. Intrinsic or Latent Ambiguity
2. designation of the persons, institutions or 2. Extrinsic or Patent Ambiguity
establishments to which such property or sums
are to be given or applied. Intrinsic ambiguity, when does it arise?
Article 785 Article 786 1. Imperfect description of the heir, legatee or
Names of particular Particular names are not devisee
persons are given designated; 2. Imperfect description of gift being given
The class or cause is
that which is specified
7 SUCCESSION REVIEW First Semester
3. Only one recipient is designated but it turns
out there are two or more who fit the
description
Can this be cured?
YES.
How about extrinsic ambiguity, can it be cured?
By examining:
1. The will itself
2. Extrinsic evidence such as written
declarations of the testator
Rules for Interpretation of Words
Art. 790. The words of a will are to be taken
in their ordinary and grammatical sense,
unless a clear intention to use them in
another sense can be gathered, and that
other can be ascertained.
Technical words in a will are to be taken in
their technical sense, unless the context
clearly indicates a contrary intention, or
unless it satisfactorily appears that he was
unacquainted with such technical sense.
Article 790:
1. Ordinary Words
2. Technical Words
Exceptions to the General Rules:
1. Ordinary Words
E: clear intention that another meaning was
used and that other meaning can be ascertained
The supreme law for interpretation is Intention.
2. Technical Words
E: contrary intention
E: it appears that the will was drafted by
the testator alone, who did not know the technical
meaning.
Interpretation as a Whole
Art. 791. The words of a will are to receive
an interpretation which will give to every
expression some effect, rather than one which will
render any of the expressions inoperative; and of
two modes of interpreting a will, that is to be
preferred which will prevent intestacy.
Effect of Invalid Disposition
Art. 792. The invalidity of one of several
dispositions contained in a will does not
result in the invalidity of the other
dispositions, unless it is to be presumed that
the testator would not have made such other
dispositions if the first invalid disposition had
not been made.
General Rule?
Exception?
Article 793 Property acquired after the
making of a will shall only pass thereby, as if
the testator had possessed it at the time of
making the will, should it expressly appear
by the will that such was his intention
General Rule:
- Only properties already possessed and
owned by testator at the time the will was made
Exceptions:
1. If it EXPRESSLY appears in the will that it
was the intention to give such AA properties;
2. If the will is republished or modified by a
subsequent will or codicil;
3. If at the time the testator made the will he
erroneously thought that he owned certain
properties, the gift of the said properties
will not be valid unless after making the will
said properties will belong to him (Art. 930);
4. Legacies of credit or remission.
Entire Interest is Conveyed
Art. 794. Every devise or legacy shall cover
all the interest which the testator could
device or bequeath in the property disposed
of, unless it clearly appears from the will that
he intended to convey a less interest.
8 SUCCESSION REVIEW First Semester

Kinds of Validity (Wills) A: Manuel is correct because under Article 793,

NCC, property acquired after the making of a will
shall only pass thereby, as if the testator had
Art. 795. The validity of a will as to its form possessed it at the time of making the will, should
depends upon the observance of the law in it expressly appear by the will that such was his
force at the time it is made intention. Since Alfonso’s intention to devise all
properties he owned at the time of his death
Extrinsic VAlidity Intrinsic Validity expressly appears on the will, then all the 20
Refers to the forms Refers to the legality parcels of land are included in the devise.
and solemnities of the provisions
needed (substance) Who can make Wills?

Number of WON: omission of a

witnesses, kinds of child renders the Article 796. All persons who are not
instrument (public or whole will void, expressly prohibited by law may make a will.
private) legacy impairs the
legitime, compulsory Two General Classifications:
heir has been givin
his rightful share
Article 797. Persons of either sex under
BAR: eighteen years of age cannot make a will.
(1990) Q: If a will is executed by a testator who is
a Filipino citizen, what law will govern if the will is Article 798. In order to make a will it is
executed in the Philippines? In another country? essential that the testator be of sound mind
at the time of its execution.
A: Philippine law 1. 18 years old or over; and
A: Law of country where he may be OR 2. Soundness of mind at the time the will is
Philippine law (form) made.

(1990) Q: If a will is executed by a Japanese citizen,
residing in the Phil., what law will govern if the law
is executed in the Phils? In Japan or some other
country, for instance USA?
A: Philippine law OR law of the country of
which he is a citizen
A: Law of place of residence OR of the
country of which he is a citizen OR of the place of
execution OR Philippine law (form)
(1996) Q: Alfonso died without issue. He wrote a
last will in which he devised: “all the properties of
which I may be possessed at the time of my death
to my favorite brother Manuel.” At the time he
wrote the will, he owned only one parcel of land.
By the time he died, he owned 20 parcels of land.
His other brothers and sisters insist that this will
should pass only the parcel of land he owned at the
time the will was written. After-acquired properties
should be by intestate succession. Manuel claims
otherwise. Who is correct?
Convicts? Spendthrifts or Prodigals? All natural
persons.
Due Execution of a Will includes:
1. A determination of whether the testator was
of sound and disposing mind at the time of its
execution;
2. That he had freely executed the will and was not
acting under duress, fraud, menace or undue
influence;
3. That the will is genuine and not a forgery;
4. That he was of the proper testamentary age;
and
5. That he is a person not expressly prohibited by
law from making a will.
Requisites for Soundness of Mind:
Art. 799. To be of sound mind, it is not
necessary that the testator be in full
possession of all his reasoning faculties, or
that his mind be wholly unbroken,
unimpaired, or unshattered by disease, injury
or other cause.
9 SUCCESSION REVIEW First Semester
It shall be sufficient if the testator was able
at the time of making the will to know the
nature of the estate to be disposed of, the
proper objects of his bounty, and the
character of the testamentary act.
The testator knows:
1. The nature of the estate to be disposed of;
2. The proper objects of his bounty; and
3. The character of the testamentary act.
Presumption on Soundness of Mind: Art.800
GR? E?
Presumed to be of Sound Mind:
Art. 800. The law presumes that every person
is of sound mind, in the absence of proof to
the contrary.
The burden of proof that the testator was not
of sound mind at the time of making his
dispositions is on the person who opposes
the probate of the will; but if the testator,
one month, or less, before making his will
was publicly known to be insane, the person
who maintains the validity of the will must
prove that the testator made it during a lucid
interval.
Instances when Testator is presumed insane:
1. If the testator, ONE MONTH OR LESS before
making the will was publicly known to be insane;
2. If the testator made the will AFTER he had been
judicially declared insane, and BEFORE such judicial
order had been set aside.
What happens when incapacity or capacity
supervenes? Article 801
Art. 801. Supervening incapacity does not
invalidate an effective will, nor is the will of
an incapable validated by the supervening of
capacity.
(Wife – Capacity and What she can dispose)
What are the formalies required in making a will?
Articles 804, 805 and 806
-wills must be in writing; language
-handwriting experts?
-role of the judge?
Art. 804. Every will must be in writing and
executed in a language or dialect known to
the testator.
Art. 805.
1. Subscribed at the end thereof by the
testator himself or the testator’s name
written by another person in his presence
and by his express direction;
2. Attested and subscribed by 3 or more
credible witnesses in the presence of the
testator and in the presence of each other;
3. The testator or the person requested by
him to write his name and the instrumental
witnesses of the will, shall also sign, as
aforesaid, each and every page thereof,
except the last, on the left margin;
4. All pages shall be numbered correlatively
in letters on the upper part of each page;
5. The attestation clause shall state the
number of pages used…and the fact…
6. Acknowledged before a Notary Public.
- End of the will?
- Person signing for the testator does not
have to put his name
- What is the purpose of paging?
- No marginal signatures is a fatal defect
BUT the law should not be so strictly and
literally interpreted as to penalize the testator on
account of the inadvertence of a single witness
over whose conduct testator had no control.
- In the presence
- What is the purpose of requiring presence?
 TEST OF AVAILABLENESS
- In case the testator is blind, the presence
may be complied with if the signing or
action is within the RANGE of the other
senses like hearing, touch, etc. of the
testator.
10 SUCCESSION REVIEW First Semester

What is the underlying and fundamental objective Act of one who has That part of an
permeating the provisions on the law on wills? executed a deed in going affidavit whereby the
A: Liberalization of the manner of execution of wills before some competent notary certifies that
with the end in view of giving the testator more officer or court and before him, the
freedom in expressing his last wishes but with declaring it to be his act or documents was
sufficient safeguards and restrictions to prevent deed subscribed and
1. the commission of fraud, and sworn by the
2. the exercise of undue and improper executor.
pressure and influence upon the testator.
What is the only instance when the notary public is
What are the objectives of numbering?
required to read the will?
- to guard against fraud, and
- to afford means of preventing substitution
or of detecting the loss of any of its pages. Art. 808. If the testator is blind, the will shall
be read to him twice; once, by one of the
The omission to put a page number if that subscribing witnesses, and again, by the
be necessary may be supplied by other forms of notary public before whom the will is
identification more trustworthy than the acknowledged.
conventional numeral words or characters.
Is a notarial will a public instrument?
What are the purposes of attestation? What is the rule if the testator is deaf or deaf-mute?
1.To preserve in permanent form a record of the
facts attending the execution of the will so that in
case of failure of the memory of the subscribing Art. 807. If the testator be deaf, or a deaf-
witnesses, or any other casualty, they may still be mute, he must personally read the will, if
proved; able to do so; otherwise, he shall designate
2.To render available proof that there has been a two persons to read it and communicate to
compliance with the statutory requisites for the him, in some practicable manner, the
execution of the will; and contents thereof.
3.To minimize the commission of fraud or undue
influence. Dead or Deaf-Mute Blind Testator (Article
Testator (Article 807) 808)
Should the attestation contain the signature of T? If the testator is literate, Whether literate or
Should the witnesses know the language of the must personally read the not, the will must be
Attestation clause? will read to him

Attestation Subscription If illiterate, the will must Whether literate or

Consists in witnessing Is the signing of the be read by 2 persons note, the will must be
the testator’s execution witnesses’ names upon designated by the read twice – once by a
of the will in order to the same paper for the testator (need not be the subscribing witness;
see and take note purpose of identifying attesting witnesses) and once by the notary
mentally that those such paper as the will public
things are done which which was executed by Reading is not enough;
the stature requires for the testator. must communicate the Reading is enough
the execution of a will contents to the testator
and that the signature
of the testator exists as Act of the hand What is the effect of substantial compliance in the
a fact. attestation?

Acts of the senses

Acknowledgment Jurat
11 SUCCESSION REVIEW First Semester

Art. 809. In the absence of bad faith, forgery, influence, and no

or fraud, or undue and improper pressure guaranty regarding
and influence, defects and imperfections in testator’s soundness of
the form of attestation or in the language mind
used therein shall not render the will invalid
if it is proved that the will was in fact
executed and attested in substantial
compliance with all the requirements of If during probate, the holographic will is contested,
Article 805. what should be done?

What is the purpose of the law in requiring the

Art. 811. In the probate of a holographic will,
attestation clause to state the number of pages on
it shall be necessary that at least one witness
which the will is written?
who knows the handwriting and signature of
the testator explicitly declare that the will
HOLOGRAPHIC WILL
and the signature are in the handwriting of
the testator. If the will is contested, at least
Requisites?
three of such witnesses shall be required.
What is the form required?
Is the will executed by a Filipino citizen abroad
What happens if the heirs could not present a
valid?
witness who knows the handwriting and signature
of the testator?
Art. 810. A person may execute a holographic
will which must be entirely written, dated, A: In the absence of any competent witness
and signed by the hand of the testator referred to in the preceding paragraph, and if the
himself. It is subject to no other form, and court deem it necessary, expert testimony may be
may be made in or out of the Philippines, and resorted to.
need not be witnessed.
What should the testator do in case of dispositions
REQUIREMENTS: below his signature?
1. must be entirely written by hand of testator
himself;
Art. 812. In holographic wills, the
2. must be dated by the hand of the testator
dispositions of the testator written below his
himself;
signature must be dated and signed by him
3. must be signed by the hand of the testator
in order to make them valid as testamentary
himself;
dispositions.
4. must be executed in the language or dialect
known to testator; and
What if signed, but not dated?
5. Animus testandi.
How cured?
Construed liberally than NW

Advantages Disadvantages Art. 813. When a number of dispositions

Easier to make Easier to forge by expert appearing in a holographic will are signed
falsifiers without being dated, and the last disposition
Easeir to revise has a signature and a date, such date
Easier to misunderstand validates the dispositions preceding it,
Easier to keep secret since testator may have whatever be the time of prior dispositions.
been faulty in expressing
his last wishes
No guaranty that there
was no fraud, force,
intimidation, undue
12 SUCCESSION REVIEW First Semester
If the last disposition is Signed and Dated
Preceding Preceding Preceding
dispositions disposition dispositions
which are which are not which are not
signed but not signed but signed and not
dated are dated are void dated are void
vaidated
Unless written
on the same
date and
occasion as the
later
disposition
What happens when the will has insertions,
cancellations, erasures or alterations? Will these
affect the validity of the holographic will?
Art. 814. In case of any insertion,
cancellation, erasure or alteration in a
holographic will, the testator must
authenticate the same by his full signature.
Is there an instance when such insertions,
cancellations, erasures or alterations operate to
invalidate the entire will?
Art. 815. When a Filipino is in a foreign
country, he is authorized to make a will in
any of the forms established by the law of
the country in which he may be. Such will
may be probated in the Philippines.
Is there an exception?
A will has been probated abroad. Does it have to
go through probate again in the Philippines?
Does a will of an alien produce effect here in the
Philippines?
Executed here? How about abroad?
Art. 816. The will of an alien who is abroad
produces effect in the Philippines if made
with the formalities prescribed by the law of
the place in which he resides, or according to
the formalities observed in his country, or in
conformity with those which this Code
prescribes.
Art. 817. A will made in the Philippines by a
citizen or subject of another country, which
is executed in accordance with the law of the
country of which he is a citizen or subject,
and which might be proved and allowed by
the law of his own country, shall have the
same effect as if executed according to the
laws of the Philippines.
Article 818. Two or more persons cannot
make a will jointly, or in the same instrument,
either for their reciprocal benefit or for the
benefit of a third person.
What is the effect of joint wills executed abroad?
Article 819. Wills, prohibited by the
preceding article, executed by Filipinos in a
foreign country shall not be valid in the
Philippines, even though authorized by the
laws of the country where they may have
been executed.
WIYNESSES TO WILLS
Articles 820-824
1. Qualifications for Witnesses to Notarial Wills
(820)
2. Disqualifications (821)
3. Effect of Subsequent Incapacity (822)
4. Witnesses cannot inherit (823)
5. Creditors as witnesses (824)
Article 820. Any person of sound mind and
of the age of eighteen years or more, and not
blind, deaf or dumb, and able to read and
write, may be a witness to the execution of a
will mentioned in Article 805 of this Code.
Article 821. The following are disqualified
from being witnesses to a will:
(1) Any person not domiciled in the
Philippines;
(2) Those who have been convicted
of falsification of a document, perjury or
false testimony.
13 SUCCESSION REVIEW First Semester
Qualifications for Witnesses to Notarial Wills:
1. be of sound mind
2. be at least 18 years of age
3. be able to read and write
4. not blind, deaf or dumb
5. be domiciled in the Philippines (why?)
6. not have been convicted by final judgment of
falsification of document, perjury or false testimony
(why?)
-language of will
Effects of Subsequent Incapacity:
Article 822. If the witnesses attesting the
execution of a will are competent at the time
of attesting, their becoming subsequently
incompetent shall not prevent the allowance
of the will.
Witnesses cannot Inherit:
Article 823. If a person attests the execution
of a will, to whom or to whose spouse, or
parent, or child, a devise or legacy is given by
such will, such devise or legacy shall, so far
only as concerns such person, or spouse, or
parent, or child of such person, or any one
claiming under such person or spouse, or
parent, or child, be void, unless there are
three other competent witnesses to such will.
However, such person so attesting shall be
admitted as a witness as if such devise or
legacy had not been made or given.
If they are disqualified to inherit, are they
disqualified to testify as a witness?
A: Will, void?
Creditors as Witnesses:
Art. 824. A mere charge on the estate of the
testator for the payment of debts due at the
time of the testator’s death does not prevent
his creditors from being competent
witnesses to his will.
What is a codicil?
How is it executed?
Article 825. A codicil is a supplement or
addition to a will, made after the execution
of a will and annexed to be taken as a part
thereof, by which any disposition made in
the original will is explained, added to, or
altered.
Article 826. In order that a codicil may be
effective, it shall be executed as in the case
of a will.
If a will incorporates into itself by reference any
document or paper, what is the treatment?
Art. 827. If a will, executed as required by
this Code, incorporates into itself by
reference any document or paper, such
document or paper shall not be considered a
part of the will unless the following
requisites are present:
(1) The document or paper referred to in the
will must be in existence at the time of the
execution of the will;
(2) The will must clearly describe and
identify the same, stating among other
things the number of pages thereof;
(3) It must be identified by clear and
satisfactory proof as the document or paper
referred to therein; and
(4) It must be signed by the testator and the
witnesses on each and every page, except
in case of voluminous books of
account or inventories.
(No need of AC; applicability to HW)
REVOCATION OF WILLS
Is a will revocable? When?
Art. 828. A will may be revoked by the
testator at any time before his death. Any
waiver or restriction of this right is void.
Art. 829. A revocation done outside the
Philippines, by a person who does not have
his domicile in this country, is valid when it is
done according to the law of the place where
the will was made, or according to the law of
the place in which the testator had his
domicile at the time; and if the revocation
takes place in this country, when it is in
accordance with the provisions of this Code.
14 SUCCESSION REVIEW First Semester
A.] Revocation made outside the Phil:
- testator not domiciled in Phil: follow
1. law of the place where the will is made
2. law of the place where the testator was
domiciled at the time the will was made
(domiciliary law)
- testator is domiciled in Phil: follow
1. law of the Phil
2. aw of the place where the will was executed
B.] Revocation made in the Phil: follow Phil
law
Civil Code = W or N testator is domiciled here
(regardless)
Note: National Law does not apply in revocation
How done?
Art. 830. No will shall be revoked except in
the following cases:
(1) By implication of law; or
(2) By some will, codicil, or other writing
executed as provided in case of wills; or
(3) By burning, tearing, cancelling, or
obliterating the will with the intention of
revoking it, by the testator himself, or by
some other person in his presence, and by
his express direction. If burned, torn,
cancelled, or obliterated by some other
person, without the express direction of the
testator, the will may still be established,
and the estate distributed in accordance
therewith, if its contents, and due execution,
and the fact of its unauthorized destruction,
cancellation, or obliteration are established
according to the Rules of Court.
(1) By implication of law; or
-when certain acts or events take place
after a will has been made
(2) By some will, codicil, or other writing executed
as provided in case of wills; or
(3) By burning, tearing, cancelling, or obliterating
the will…
Requisites: There must be
1. An overt act specified by the law.
2. A completion at least of the subjective
phase of the overt act
3. Animus revocandi or intent to revoke
4. Capacity of the testator to make a will at
the time of revoking
5. Revocation done by the testator himself or
by some other person in his presence and by his
express direction.
Ratification?
Overt act of burning
 burning of small part is sufficient (even
though the entire writing itself be left
untouched)
 burned envelope thinking will was there but
was removed = ineffectual (but the person
who removed the will cannot inherit
because of unworthiness)
 Will thrown into the fire (revocation though
removed later on by another person coz of
animus revocandi)
 accidental burning = ineffectual
 envelope was burned but the will inside it is
untouched = ineffectual
Overt act of tearing
 sufficient even if slight
 intention to revoke but was stopped and
persuaded by others = not revoked
 tearing of signature = will is void (why?)
 tearing includes cutting
How about crumpling, despite presence of animus
revocandi?
Overt act of Obliterating or Cancelling
1. Cancellation = running of lines but words
remain legible
2. Obliteration = to blot out or to render
undecipherable
3. crumpling = not an overt act of destruction
 cancellation or obliteration revokes the will
totally or partially
 if all parts or just the signature is cancelled
or obliterated, the whole will is revoked
 signature strikes the existence of the entire
will
15 SUCCESSION REVIEW First Semester

Art. 831. Subsequent wills which do not "This doctrine is known as that of dependent
revoke the previous ones in an express relative revocation, and is usually applied where
manner, annul only such dispositions in the the testator cancels or destroys a will or executes
prior wills as are inconsistent with or an instrument intended to revoke a will with a
contrary to those contained in the latter wills. present intention to make a new testamentary
disposition as a substitute for the old.
(may be express or implied (not favored); revoking
will must be valid) "The rule is established that where the act of
destruction is connected with the making of
What if the revoking will becomes inoperative by another will so as fairly to raise the inference that
reason of the incapacity of the heirs, devisees or the testator meant the revocation of the old to
legatees designated therein, or by their depend upon the efficacy of the new disposition
renunciation? intended to be substituted, the revocation will be
conditional and dependent upon the efficacy of the
new disposition; and if, for any reason, the new will
Art. 832. A revocation made in a subsequent intended to be made as a substitute is inoperative,
will shall take effect, even if the new will the revocation fails and the original will remains in
should become inoperative by reason of the full force."
incapacity of the heirs, devisees or legatees
designated therein, or by their renunciation. "This is the doctrine of dependent relative
How would the contents of a lost or destroyed will revocation. The failure of the new testamentary
be proved? disposition, upon whose validity the revocation
depends, is equivalent to the non-fulfillment of a
Notarial Will Holographic Will suspensive condition.
1. Oral or parol GR: cannot be
evidence probated How about the fact that the revoked will contains a
2. Carbon copies Exception: recognition of an illegitimate child?
(duplicate photocopy
original)
Art. 834. The recognition of an illegitimate
Invalid Will Ineffective Will (valid child does not lose its legal effect, even
but ineffective) though the will wherein it was made should
Invalid revoking Inoperative or be revoked.
will cannot revoke ineffective valid will
a previous will can revoke a previous (Article 278. Recognition shall be made in the
will record of birth, a will, a statement before a court of
record, or in any authentic writing.
Valid but not UNLESS THERE BE VITIATED CONSENT; but the
operative because will must be valid!)
incapacity of heirs or
renunciation What should we do if, after revoking a will, the
testator changes his/her mind?
What do you understand by revocation of wills Can a void or revoked will be given effect?
made under a mistake?
Republication and Revival of Wills

Art. 833. A revocation of a will based on a

false cause or an illegal cause is null and void.
What is dependent relative revocation?
CASE: Molo vs. Molo
Art. 835. The testator cannot republish,
without reproducing in a subsequent will, the
dispositions contained in a previous one
which is void as to its form.
16 SUCCESSION REVIEW First Semester
(How made implied? Implied republication. What if
valid as to form?)
Art. 836. The execution of a codicil referring
to a previous will has the effect of
republishing the will as modified by the
codicil.
Art. 837. If after making a will, the testator
makes a second will expressly revoking the
first, the revocation of the second will does
not revive the first will, which can be revived
only by another will or codicil.
Republication Revival
Act of the testator Takes place by
operation of law
Oral?
Principle of Instanter - Death does not have to
come before giving effect to a revocatory clause.
ALLOWANCE AND DISALLOWANCE OF WILLS
Art. 838. No will shall pass either real or
personal property unless it is proved and
allowed in accordance with the Rules of
Court.
The testator himself may, during his lifetime,
petition the court having jurisdiction for the
allowance of his will. In such case, the
pertinent provisions of the Rules of Court for
the allowance of wills after the testator's
death shall govern.
The Supreme Court shall formulate such
additional Rules of Court as may be
necessary for the allowance of wills on
petition of the testator.
Subject to the right of appeal, the allowance
of the will, either during the lifetime of the
testator or after his death, shall be
conclusive as to its due execution.
Probate = authentication of the will
- process of proving before a competent
court the due execution of a will by a
person possessed of testamentary capacity
and the compliance with the solemnities
prescribed by law and its approval
GR: probate’s court area of inquiry: extrinsic
validity of the will
1. due execution
2. testamentary capacity
3. compliance with solemnities
In probate proceedings, the court:
1. Orders the probate proper of the will;
2. Grants letters testamentary or letters with a
will annexed;
3. Hears and approves claims against the
estate;
4. Orders the payment of the lawful debts;
5. Authorizes the sale, mortgage, or any other
encumbrance of real estate; and
6. Directs the delivery of the estate or
properties to those who are entitled thereto.
Grounds for Disallowance of Wills:
Art. 839. The will shall be disallowed in any
of the following cases:
(1) If the formalities required by law have
not been complied with;
(2) If the testator was insane, or otherwise
mentally incapable of making a will, at the
time of its execution;
(3) If it was executed through force or under
duress, or the influence of fear, or threats;
(4) If it was procured by undue and improper
pressure and influence, on the part of the
beneficiary or of some other person;
(5) If the signature of the testator was
procured by fraud;
(6) If the testator acted by mistake or did
not intend that the instrument he signed
should be his will at the time of affixing his
signature thereto.
Exclusive?
ARTICLE 839. The will shall be disallowed in any of
the following cases (exclusive):
1. Non-compliance with the formalities required by
law
17 SUCCESSION REVIEW First Semester

- notarial wills = Art 804-806 Mercado vs. Santos, 66 Phil 215

- holographic wills = 810  probated will later turned out to be a
2. Insanity or mental Incapacity to make a will forgery
3. will executed through force or duress or fear or  probate of a will is considered as conclusive
threats as to its due execution and validity criminal
- force = violence = serious and irresistible action will not lie against the forger of the
force will that has been duly admitted to probate.
- intimidations = reasonable and well
grounded fear of an - imminent and grave evil Coso vs. Fernandez Deza, 42 Phil 596
upon his perso prop or upon the - person or  testator stated provisions in favor of a
prop of his spouse, descendants or ascendants woman whom he had illicit affairs
4.undue and improper pressure  mere affection, even if illegitimate, is not
- to be sufficient to avoid a will, the undue influence and does not invalidate a
influence exerted must be of a kind that so will
overpowers and subjugates the mind of the  no imposition or fraud has been shown in
testator as to destroy his free agency and the present case.
make him express the will of another rather
than his own Nepomuceno vs. Court of Appeals,G.R. No. L-
5. Signature of testator was procured by fraud 62952. October 9, 1985
- fraud or trick must be proved by evidence  will contained provisions in favor of
6. testator acted by mistake or did not intend that paramour
the document be his will at the time of signing.  the respondent court acted within its
jurisdiction when after declaring the Will to
Revocation Disallowance be validly drawn, it went on to pass upon
Voluntary act of the Given by judicial the intrinsic validity of the Will and declared
testator order the devise in favor of the petitioner null and
With or without Always be for a legal void.
cause cause  the probate court is not powerless to do
May be partial or GR: always total what the situation constrains it to do and
total (except when the pass upon certain provisions of the Will.
ground of fraud or
undue influence Guevara vs. Guevara, 74 Phil. 479
affects only certain Will the statute of limitations find application
portions of the will) in probate of wills?
 Reason and precedent reject the
Effect of Fraud, force, duress, threats, undue applicability of the Statute of Limitations to
influence, and mistake: probate proceedings, because the same are
established not exclusively in the interest of
In Contracts In Wills the heirs, but primarily for the protection of
Vitiates consent and These vices of the testator's expressed wishes
renders the contract consent render the
voidable will void Is probate still necessary even if decedent
Voidable contracts Not susceptible of left no debts?
are susceptible of ratification; in  none of the heirs may sue for the partition
ratification succession, there is of the estate in accordance with a will
no voidable will without first securing its allowance or
If wants to ratify = probate by the court.
execute a codicil or a Sps. Ricardo Pascual vs. Court of Appeals,
ratifying deed G.R. No. 115925, August 15, 2003
 there was a claim over a certain property
subject of a will pending probate
18 SUCCESSION REVIEW First Semester
 article 838 means that, "until admitted to
probate, a will has no effect whatever and
no right can be claimed thereunder."
Martinez vs. Balanay [G.R. No. L-39247.
June 27, 1975.
 wife disposed her husband’s share as hers
where the will contains unusual provisions
which are of dubious legality, the trial court
can pass upon the will's intrinsic validity
even before its formal validity had been
established.
 probate of a will might become an idle
ceremony if on its face the will is
intrinsically void.
Institution of Heir
Art. 840. Institution of heir is an act by virtue
of which a testator designates in his will the
person or persons who are to succeed him in
his property and transmissible rights and
obligations.
Legitime? Testamentary Sux? May a conceived
child be instituted?
Requisites:
1. Will must be extrinsically valid;
-capacity of testator, formalities, no vitiated
consent, personal act, duly probated…
2. Institution must be valid intrinsically; and –
legitime, preterition, certain heir
3. Institution must be effective.
-no predecease, no repudiation, no
incapacity
Is it necessary that the testator should institute an
heir in the will?
Art. 841. A will shall be valid even though it
should not contain an institution of an heir,
or such institution should not comprise the
entire estate, and even though the person so
instituted should not accept the inheritance
or should be incapacitated to succeed.
In such cases the testamentary dispositions
made in accordance with law shall be
complied with and the remainder of the
estate shall pass to the legal heirs.
(What is the result?)
May a person who have compulsory heirs dispose
of his estate by will?
Art. 842. One who has no compulsory heirs
may dispose by will of all his estate or any
part of it in favor of any person having
capacity to succeed.
One who has compulsory heirs may dispose
of his estate provided he does not
contravene the provisions of this Code with
regard to the legitime of said heirs.
How designation of heir is made?
Art. 843. The testator shall designate the heir
by his name and surname, and when there
are two persons having the same names, he
shall indicate some circumstance by which
the instituted heir may be known.
Even though the testator may have omitted
the name of the heir, should he designate
him in such manner that there can be no
doubt as to who has been instituted, the
institution shall be valid.
What is the effect of error in the name, surname or
circumstances?
Art. 844. An error in the name, surname, or
circumstances of the heir shall not vitiate the
institution when it is possible, in any other
manner, to know with certainty the person
instituted.
If among persons having the same names
and surnames, there is a similarity of
circumstances in such a way that, even with
the use of the other proof, the person
instituted cannot be identified, none of them
shall be an heir.
Misdescription, cured.
What happens to dispositions in favor of an
unknown person?
19 SUCCESSION REVIEW First Semester
Art. 845. Every disposition in favor of an
unknown person shall be void, unless by
some event or circumstance his identity
becomes certain. However, a disposition in
favor of a definite class or group of persons
shall be valid.
Special kinds of class institutions:
1. Of the poor in general. (Art 1030)
2. Relatives of the testator. (Art 959)
3. A person and his children. (Art 849)
4. Brothers and sisters of the full and half
blood. (Art 848)
5. Institution of descendants or relatives of a
legatee.
What is the rule when the testator institutes heirs
without designating their respective shares?
Art. 846. Heirs instituted without designation
of shares shall inherit in equal parts.
What to do in case of combination of individual and
collective institution?
Art. 847. When the testator institutes some
heirs individually and others collectively as
when he says, "I designate as my heirs A and
B, and the children of C," those collectively
designated shall be considered as
individually instituted, unless it clearly
appears that the intention of the testator
was otherwise.
How much shares should instituted brothers and
sisters of the full and half blood receive?
Art. 848. If the testator should institute his
brothers and sisters, and he has some of full
blood and others of half blood, the
inheritance shall be distributed equally
unless a different intention appears.
What if a person is instituted together with his/her
children?
Art. 849. When the testator calls to the
succession a person and his children they are
all deemed to have been instituted
simultaneously and not successively.
Rules of interpretation of institution
1. collective institution (of class or group) is
valid [845]
2. heirs instituted without designation inherit
in equal parts (art. 846 - principle of
equality)
3. individual and collective institution made at
the same time, means individual institution
of all unless the intention is clearly
otherwise (art. 847 – principle of
individuality)
4. the presumption is that institution is
simultaneous and not successive (art. 849
principle of simultaneity)
5. collective institution of relatives of the
testator is in favor of those nearest in
degree (959)
6. institution of “the poor” (1030)
What is the effect of statements of a false cause
for institution?
Art. 850. The statement of a false cause for
the institution of an heir shall be considered
as not written, unless it appears from the will
that the testator would not have made such
institution if he had known the falsity of such
cause.
false cause = erroneous reason for the institution
of an heir
Distinction (real motive); Effect of estrangement
Requisites of false cause to annul the will:
1. cause for the institution of heirs must be
stated in the will
2. cause must be shown to be false
3. must appear from the face of the will that
the testator would not have made such
institution if he had known the falsity of the
cause
What is the effect of institution to a part of the
estate?
20 SUCCESSION REVIEW First Semester
Art. 851. If the testator has instituted only
one heir, and the institution is limited to an
aliquot part of the inheritance, legal
succession takes place with respect to the
remainder of the estate.
The same rule applies if the testator has
instituted several heirs, each being limited to
an aliquot part, and all the parts do not cover
the whole inheritance.
What is the rule if it is the intent of the testator to
give the entire estate?
Art. 852. If it was the intention of the
testator that the instituted heirs should
become sole heirs to the whole estate, or the
whole free portion, as the case may be, and
each of them has been instituted to an
aliquot part of the inheritance and their
aliquot parts together do not cover the whole
inheritance, or the whole free portion, each
part shall be increased proportionally.
(Art. 851 – GR; this Art. is the exception)
Art. 853. If each of the instituted heirs has
been given an aliquot part of the inheritance,
and the parts together exceed the whole
inheritance, or the whole free portion, as the
case may be, each part shall be reduced
proportionally.
Art. 854. The preterition or omission of one,
some, or all of the compulsory heirs in the
direct line, whether living at the time of the
execution of the will or born after the death
of the testator, shall annul the institution of
heir; but the devises and legacies shall be
valid insofar as they are not inofficious.
If the omitted compulsory heirs should die
before the testator, the institution shall be
effectual, without prejudice to the right of
representation.
Requisites of Preterition:
1. total omission in the inheritance
 there is preterition if mentioned in the will
but not given any share
 there is no preterition as long as heir is
given something no matter how small
(completion of legitime)
 there is no preterition if donations were
given in advance as donations form part of
inheritance
 does not disinherit the heir, but leaves
nothing to him in the hereditary estate w/n
the testator mentioned him in the will
 no total omission if heir already received
something from the testator (donation inter
vivos)
2. omitted person must be a compulsory heir
3. said compulsory heir must come from the
direct line, whether ascending or
descending
 EXCEPTION: an adopted child is deemed a
legitimate child
 preterition of a spouse does not invalidate
because not in the direct line
4. omitted compulsory heir must survive the
testator
Arthur executed a will which contained only:
i. a provision disinheriting his daughter
Bernica for running off with a married man,
and
ii. a provision disposing of his share in the
family house and lot in favor of his other
children Connie and Dora.
He did not make any provisions in favor of his wife
Erica, because as the will stated, she would anyway
get ½ of the house and lot as her conjugal share.
The will was very brief and straightforward and
both the above provisions were contained in page 1,
which Arthur and his instrumental witness, signed
at the bottom. Page 2 contained the attestation
clause and the signatures, at the bottom thereof, of
the 3 instrumental witnesses which included
Lambert, the driver of Arthur; Yoly, the family cook,
and Attorney Zorba, the lawyer who prepared the
will. There was a 3rd page, but this only contained
the notarial acknowledgement.
The attestation clause stated the will was signed on
the same occasion by Arthur and his instrumental
witnesses who all signed in the presence of each
other, and the notary public who notarized the will.
There are no marginal signatures or pagination
21 SUCCESSION REVIEW First Semester
appearing on any of the 3 pages. Upon his death, it
was discovered that apart from the house and lot,
he had a P1 million account deposited with ABC
bank.
(A). Was Erica preterited? (1%)
Erica cannot be preterited. Art. 854 of the Civil
Code provides that only compulsory heirs in the
direct line can be preterited.
(B). What other defects of the will, if any, can
cause denial of probate? (2%)
The other defects of the will that can cause its
denial are as follows:
(a) Atty. Zorba, the one who prepared the will was
one of the three witnesses, violating the three
witnesses rule;
(b) no marginal signature at the last page;
(c) the attestation did not state the number of
pages upon which the will is written; and, (d) no
pagination appearing correlatively in letters on the
upper part of the three pages
(Azuela v. C.A., G.R. No. 122880, 12 Apr 2006 and
cited cases therein, Art 805 and 806, Civil Code).
John and Paula, British citizens at birth, acquired
Philippine citizenship by naturalization after their
marriage. During their marriage the couple
acquired substantial landholdings in London and in
Makati. Paula bore John three children, Peter, Paul
and Mary. In one of their trips to London, the
couple executed a joint will appointing each other
as their heirs and providing that upon the death of
the survivor between them the entire estate would
go to Peter and Paul only but the two could not
dispose of nor divide the London estate as long as
they live. John and Paul died tragically in the
London Subway terrorist attack in 2005. Peter and
Paul filed a petition for probate of their parent's will
before a Makati Regional Trial Court.
(A). Should the will be admitted to probate? (2%)
No. The will cannot be admitted to probate
because a joint will is expressly prohibited under
Art. 818 of the Civil Code. This provision applies
John and Paula became Filipino citizens after their
marriage.
(B). Are the testamentary dispositions valid? (2%)
No. The testamentary dispositions are not
valid because (a) omission of Mary, a legitimate
child, is tantamount to preterition which shall annul
the institution of Peter and Paul as heirs (Art. 854,
Civil Code); and, (b) the disposition that Peter and
Paul could not dispose of nor divide the London
estate for more than 20 years is void (Art. 870,
Civil Code).
It is the omission in the testator’s will of one, some
or all of the compulsory heirs in direct line, whether
living at the time of execution of the will or born
after the death of the testator. What principle is
being referred to?
a) reserva troncal
b) preterition
c) fideicommissary
d) disposicion captatoria
Maria, to spite her husband Jorge, whom he
suspected was having an affair with another
woman, executed a will, unknown to him,
bequeathing all the properties she inherited from
her parents, to her sister Miguela. Upon her death,
the will was presented for probate. Jorge opposed
probate of the will on the ground that the will was
executed by his wife without his knowledge, much
less consent and that it deprived him of his legitime.
After all, he had given her no cause for
disinheritance, added Jorge in his opposition.
If you were the Judge, how will you rule on Jorge’s
opposition to the probate of Maria’s will?
A: As Judge, I shall rule as follows:
Jorge’s opposition should be sustained in part and
denied in part. Jorge’s omission as spouse of Maria
is not preterition of a compulsory heir in the direct
line. Hence, Article 854 of the Civil Code does not
apply, and the institution of Miguela as heir is valid,
but only to the extent of the free portion of one-
half. Jorge is still entitled to one-half of the estate
as his legitime. (Article 1001, Civil Code)
Q: Because her eldest son Juan had been pestering
her for capital to start a business, Josefa gave him
P100,000. Five years later, Josefa died, leaving a
last will and testament in which she instituted only
her four younger children as her sole heirs. At the
time of her death, her only property left was
P900,000 in the bank. How should Josefa’s estate
be divided among her heirs? State briefly the
reason/s for your answer.
A: There was no preterition of the eldest son
because the testatrix donated P100,000 to him.
22 SUCCESSION REVIEW First Semester
This donation is considered an advance on the
son’s inheritance. There being no preterition, the
institution in the will shall be respected but the
legitime of the oldest son has to be completed if he
received less.
After collating the donation of P100,000 to the
remaining property of P900,000 , the estate of the
testatrix is P1 M. Of this amount, one half or
P500,000 is the legitime of the legitimate children
and it follows that the legitime of one legitimate
child is P100,000. However, since the donation
given him was P100,000, he has already received
in full his legitime and he will not receive anything
anymore from the decedent. The remaining
P900,000 therefore, shall go to the four younger
children by institution in the will, to be divided
equally among them. Each will receive P225,000.
Preterition: Compulsory Heir (1999)
a. Mr. Cruz, widower has three legitimate
children, A, B and C. He executed a Will
instituting as his heir to his estate of P1M
his two children A and B, and his friend F.
Upon his death, how should Mr. Cruz’ estate
be divided? Explain.
b. In the preceding question, suppose Mr. Cruz
instituted his two children A and B as his
heirs in his Will, but have a legacy of
P100,000 to his friend F. How should the
estate of Mr. Cruz be divided upon his death?
Explain.
Answers:
a. Assuming that the institution of A, B and F
were to the entire estate, there was
preterition of C since C is a compulsory heir
in the direct line. The preterition will result
in the total annulment of the institution of
heirs. Therefore, the institution of A, B and
F will be set aside and Mr. Cruz’s estate will
be divided, as in intestacy, equally among A,
B and C as follows:
A – P333,333.33
B – same
C – same
b. On the same assumption as letter (a), there
was preterition of C. Therefore, the
institution of A and B is annulled but the
legacy of P100,000 to F shall be respected
for not being inofficious. Therefore the
remainder of P900,000 will be divided
equally among A, B and C.
Preterition in Institution: Effects
A has 3 kids- X, Y and Z. A, in his will, instituted X
and Y
only and his driver R. Z was omitted. Estate is 300.
Institution is annulled because there is preterition
Intestacy takes over
X,Y and Z gets 100 each
What if R was just merely given a legacy of 10?
Legitime is 150
Legacy is not inofficious – effective
Legacy must remain valid
300 less 10 = 290
Divide 290 among X, Y and Z
Effects of Preterition:
1. annuls entirely the institution of heirs,
2. but the devisees and legacies shall be valid
insofar as they are not inofficious
3. if the compulsory heirs would predecease
the testator, the institution of heir shall be
effectual
4. if omitted heir is not in the direct line (like
spouse), only the legitime is given to
him/her and the institution of heir is
annulled up to that extent only
Compulsory heir in the direct line? Legitime and
free portion
Where should the share of an omitted heir be taken?
Art. 855. The share of a child or descendant
omitted in a will must first be taken from the
part of the estate not disposed of by the will,
if any; if that is not sufficient, so much as
may be necessary must be taken
proportionally from the shares of the other
compulsory heirs.
What happens if the instituted heir dies before the
testator?
23 SUCCESSION REVIEW First Semester
Art. 856. A voluntary heir who dies before
the testator transmits nothing to his heirs.
A compulsory heir who dies before the
testator, a person incapacitated to succeed,
and one who renounces the inheritance, shall
transmit no right to his own heirs except in
cases expressly provided for in this Code.
Inoperative Institution:
1. By predecease of the heir (856)
2. By repudiation of the heir (856)
3. By error of the testator (false cause) if it
appears from the will that he would not
have made the institution if he knew the
truth (850)
4. By uncertainty of the heir where he is
unknown or cannot be identified (845)
5. By preterition of a compulsory heir in the
direct line (854)
6. By invalid disinheritance of a compulsory
heir (918)
Can there be conditional institution of heir?
Substitution of Hiers
Art. 857. Substitution is the appointment of
another heir so that he may enter into the
inheritance in default of the heir originally
instituted.
aka conditional institution of heir
- the appointment of another heir in default of
or after the heir originally instituted
Will the articles of institution apply? Can there be
substitution of legatees and devisees?
What are the kinds of substitution?
Art. 858. Substitution of heirs may be:
(1) Simple or common;
(2) Brief or compendious;
(3) Reciprocal; or
(4) Fideicommissary.
Art. 858. Substitution of heirs may be:
(1) Simple or common; (sustitucion vulgar)
(2) Brief or compendious;(sustitucion brevilocua or
compendiosa)
(3) Reciprocal; or (sustitucion reciproca)
(4)Fideicommissary.(sustitucion fideicomisoria)
What are the instances when substitution may be
proper?
Art. 859. The testator may designate one or
more persons to substitute the heir or heirs
instituted in case such heir or heirs should
die before him, or should not wish, or should
be incapacitated to accept the inheritance.
A simple substitution, without a statement of
the cases to which it refers, shall comprise
the three mentioned in the preceding
paragraph, unless the testator has otherwise
provided.
Art. 860. Two or more persons may be
substituted for one; and one person for two
or more heirs.
How much is the share of each?
Can an heir be both an instituted and substitute
heir?
Art. 861. If heirs instituted in unequal shares
should be reciprocally substituted, the
substitute shall acquire the share of the heir
who dies, renounces, or is incapacitated,
unless it clearly appears that the intention of
the testator was otherwise. If there are more
than one substitute, they shall have the same
share in the substitution as in the institution.
(instituted heirs are substitutes of each other)
Effect:
 Only two heirs reciprocally substituted
- the substitute acquires the whole share that
the other heir left vacant, whether that
share is larger or smaller than his own,
unless it clearly appears that the intention
of the testator was otherwise
 More than two heirs reciprocally substituted
24 SUCCESSION REVIEW First Semester
- the vacant share must be divided among
the substitutes in the same relative
proportion as the respective shares given to
them by the testator.
What happens if there are charges and conditions
imposed on the instituted heir who was substituted?
Art. 862. The substitute shall be subject to
the same charges and conditions imposed
upon the instituted heir, unless the testator
has expressly provided the contrary, or the
charges or conditions are personally
applicable only to the heir instituted.
(GR? E?)
Can a testator entrust to someone the obligation to
transmit to a second heir the whole or part of the
inheritance?
Art. 863. A fideicommissary substitution by
virtue of which the fiduciary or first heir
instituted is entrusted with the obligation to
preserve and to transmit to a second heir the
whole or part of the inheritance, shall be
valid and shall take effect, provided such
substitution does not go beyond one degree
from the heir originally instituted, and
provided further, that the fiduciary or first
heir and the second heir are living at the
time of the death of the testator.
Requisites:FIDEICOMMISSARY SUBSTITUTION
1. First Heir
2. An obligation clearly imposed upon him to
preserve and transmit to a third person the
whole of part of the inheritance (mere
suggestion?)
3. Second Heir (dies ahead of Fiduciary? DQ?
Repudiates?)
4. First and the Second Heirs must be only one
degree apart (one generation and not one
transfer)
5. Both heirs must be alive or at least
conceived at the time of testator’s death
6. Must be made in an express manner
7. Must not burden the legitime
8. Must not be conditional
(nullity of FS?)
Art. 864. A fideicommissary substitution can
never burden the legitime.
Art. 865. Every fideicommissary substitution
must be expressly made in order that it may
be valid.
The fiduciary shall be obliged to deliver the
inheritance to the second heir, without other
deductions than those which arise from
legitimate expenses, credits and
improvements, save in the case where the
testator has provided otherwise.
(when?)
What happens if the second heir predeceases the
fiduciary?
Art. 866. The second heir shall acquire a right
to the succession from the time of the
testator's death, even though he should die
before the fiduciary. The right of the second
heir shall pass to his heirs.
What is the effect of secret instructions?
Art. 867. The following shall not take effect:
Fideicommissary substitutions which are not
made in an express manner, either by giving
them this name, or imposing upon the
fiduciary the absolute obligation to deliver
the property to a second heir;
Provisions which contain a perpetual
prohibition to alienate, and even a temporary
one, beyond the limit fixed in article 863;
Those which impose upon the heir the
charge of paying to various persons
successively, beyond the limit prescribed in
article 863, a certain income or pension;
25 SUCCESSION REVIEW First Semester
Those which leave to a person the whole part
of the hereditary property in order that he
may apply or invest the same according to
secret instructions communicated to him by
the testator.
What is the effect of the nullity of FS?
Art. 868. The nullity of the fideicommissary
substitution does not prejudice the validity of
the institution of the heirs first designated;
the fideicommissary clause shall simply be
considered as not written.
Can a testator dispose of his estate by usufruct?
Art. 869. A provision whereby the testator
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 persons, not simultaneously, but
successively, the provisions of Article 863
shall apply. –FS
For more than 20 years, the testator prohibited the
heirs to alienate the property transmitted to them.
Valid?
Art. 870. The dispositions of the testator
declaring all or part of the estate inalienable
for more than twenty years are void.
Some instances when the substitution is
extinguished:
1. When the substitute predeceases the
testator;
2. When the substitute is incapacitated;
3. When the substitute renounces the
inheritance;
4. When the institution of heir is annulled (say
by preterition);
5. When the institution or substitution is
revoked by testator;
6. When a will is void or disallowed or revoked.
Q: Raymond, single, named his sister Ruffa in his
will as a devisee of a parcel of land which he
owned. The will imposed upon Ruffa the obligation
of preseving the land and transferring it, upon her
death, to her illegitimate daughter Scarlet who was
then only one year old. Raymond later died, leaving
behind his widowed mother, Ruffa and Scarlet.
(A). Is the condition imposed upon Ruffa, to
preserve the property and to transmit it upon her
death to Scarlet, valid?
(B). If Scarlet predeceases Ruffa, who inherits
the property?
(C). If Ruffa predeceases Raymond, can Scarlet
inherit the property directly from Raymond?
(A). Is the condition imposed upon Ruffa, to
preserve the property and to transmit it upon her
death to Scarlet, valid?
Yes, the condition imposed upon Ruffa to preserve
the property and to transmit it upon her death to
Scarlet is valid because it is tantamount to
fideicommissary substitution under Art. 863 of the
Civil Code.
(B). If Scarlet predeceases Ruffa, who inherits the
property?
Ruffa will inherit the property as Scarlet's
heir. Scarlet acquires a right to the succession from
the time of Raymond's death, even though she
should predecease Ruffa (Art. 866, Civil Code).
(C). If Ruffa predeceases Raymond, can Scarlet
inherit the property directly from Raymond?
If Ruffa predeceases Raymond, Raymond's
widowed mother will be entitled to the inheritance.
Scarlet, an illegitimate child, cannot inherit the
property by intestate succession from Raymond
who is a legitimate relative of Ruffa (Art. 992, Civil
Code). Moreover, Scarlet is not a compulsory heir
of Raymond, hence she can inherit only by
testamentary succession. Since Raymond executed
a will in the case at bar, Scarlet may inherit from
Raymond.
Q: By virtue of a Codicil appended to his will,
Theodore devised to Divino a tract of sugar land,
with the obligation on the part of Divino or his heirs
to deliver to Betina a specified volume of sugar per
harvest during Betina’s lifetime. It is also stated in
the Codicil that in the even the obligation is not
fulfilled, Betina should immediately seize the
property from Divino or latter’s heirs and turn it
over to Theordore’s compulsory heirs. Divino failed
to fulfil the obligation under the Codicil. Betina
26 SUCCESSION REVIEW First Semester

brings suit against Divino for the reversion of the 2. With a term
tract of land. 3. For a purpose or cause

a. Distinguish between modal institution and Condition - any future and uncertain fact or past
substitution of heirs event unknown to the parties, upon which the
b. Distinguish between simple and performance of an obligation depends.
fideicommissary substitution of heirs
c. Does Betina have a cause of action against Kinds of Condition:
Divino? Explain. 1. As to the cause upon which the fulfillment
depends:
Answers: a. Potestative (positive and negative)
b. Casual
A. A Modal Institution is the institution of an c. Mixed
heir made for a certain purpose or cause 2. As to the effects:
(Article 871 and 882 NCC). Substitution is a. Suspensive
the appointment of another heir so that he b. Resolutory
may enter into the inheritance in default of
the heir originally instituted. (Article 857 Term – Day or time when a testamentary
NCC) disposition either becomes demandable or
B. In a Simple Substitution of heirs, the terminates.
testator designated one or more persons to
substitute the heirs instituted in case such Kinds of Term:
heir or heirs should die before him, or 1. Suspensive
should not wish or should be incapacitated 2. Resolutory
to accept the inheritance. In a
Fedeicommissary Substitution, the testator Condition Term
institutes a first heir and charges him to a. Uncertain event a. Sure to
preserve and transmit the whole or part of which may or happen or to
the inheritance to a second heir. IN a simple may not happen arrive, even if
substitution, only one heir inherits. In a b. The acquisition of the exact date
Fedeicommissary substitution, both the first the right depends of such
and second heirs inherit. (Article 859 and upon the happening or
869 NCC) happening of the arrival may be
C. Betina has a cause of action against Divino. condition such uncertain.
This is a case of testamentary disposition that if the b. The right is
subject to a mode and the will itself condition does already
provides for the consequence if the mode is not happen, the transmitted to
not complied with. To enforce the mode, heir does not the heir upon
the will itself gives Betina the right to succeed. the death of
compel the return of the property to the the testator,
heirs of Theodore. (Rabadilla vs. the term
Concoluello, 334 SCRA 522, 2000, GR merely serves
113725, 29 June 2000) to determine
the
Conditional Testamentary Dispositions and demandability
Testamentary Dispositions With a Term of such right
already
Art. 871. The institution of an heir may be acquired.
made conditionally, or for a certain purpose
or cause. (presumption?) 1) Simple or pure: = The heir or legatee acquires
the inheritance from the death of the testator
Classes of Institution of Heirs:
1. With a condition
27 SUCCESSION REVIEW First Semester
2) Conditional Institution = (871-877) its effectivity
is subordinated to the happening or non-happening
of a fact or event which is both future & uncertain
Can the testator impose a charge, condition or
substitution upon the legitimes?
Art. 872. The testator cannot impose any
charge, condition, or substitution whatsoever
upon the legitimes prescribed in this Code.
Should he do so, the same shall be
considered as not imposed.
No condition is imposable on the legitime (Art 872)
EXCEPT:
Payment of legitime in cash to other children where
an industrial, agricultural or manufacturing
establishment is allotted entirely to one heir by the
parent [1080(2)]
Imposition of indivision for not more than 20 years
[1083(1)]
What happens to the conditions of the testator that
are impossible to perform?
Art. 873. Impossible conditions and those
contrary to law or good customs shall be
considered as not imposed and shall in no
manner prejudice the heir, even if the
testator should otherwise provide.
The testator imposed as a condition that the
heir should not marry. Valid?
Art. 874. An absolute condition not to
contract a first or subsequent marriage shall
be considered as not written unless such
condition has been imposed on the widow or
widower by the deceased spouse, or by the
latter's ascendants or descendants. (reason?
what happens if the SS violates?)
Nevertheless, the right of usufruct, or an
allowance or some personal prestation may
be devised or bequeathed to any person for
the time during which he or she should
remain unmarried or in widowhood.
(resolutory)
The testator imposed as a condition that the heir
should also make a disposition in the latter’s will in
favor of the testator. Valid?
Art. 875. Any disposition made upon the
condition that the heir shall make some
provision in his will in favor of the testator or
of any other person shall be void.
When must an heir fulfill a potestative condition?
Art. 876. Any purely potestative condition
imposed upon an heir must be fulfilled by
him as soon as he learns of the testator's
death.
This rule shall not apply when the condition,
already complied with, cannot be fulfilled
again.
Is the condition to marry potestative?
When must an heir fulfill a casual or mixed
condition?
Art. 877. If the condition is casual or mixed,
it shall be sufficient if it happens or be
fulfilled at any time before or after the death
of the testator, unless he has provided
otherwise.
Should it have existed or should it have been
fulfilled at the time the will was executed
and the testator was unaware thereof, it
shall be deemed as complied with.
If he had knowledge thereof, the condition
shall be considered fulfilled only when it is of
such a nature that it can no longer exist or be
complied with again.
Imposition of a suspensive term, what is the effect?
28 SUCCESSION REVIEW First Semester
Art. 878. A disposition with a suspensive
term does not prevent the instituted heir
from acquiring his rights and transmitting
them to his heirs even before the arrival of
the term.
How shall an heir comply with a negative
potestative condition?
Art. 879. If the potestative condition
imposed upon the heir is negative, or
consists in not doing or not giving something,
he shall 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 will return whatever he
may have received, together with its fruits
and interests.
NEGATIVE POTESTATIVE CONDITION = the heir
must give security (caucion muciana) before
entering into possession; that if the condition be
not performed, he will return the property and
fruits or interest (879).
What happens to the estate if an institution comes
with a suspensive condition or term?
Art. 880. If the heir be instituted under a
suspensive condition or term, the estate shall
be placed under administration until the
condition is fulfilled, or until it becomes
certain that it cannot be fulfilled, or until the
arrival of the term.
The same shall be done if the heir does not
give the security required in the preceding
article. How? Art. 881
Art. 881. The appointment of the
administrator of the estate mentioned in the
preceding article, as well as the manner of
the administration and the rights and
obligations of the administrator shall be
governed by the Rules of Court.
When does modal institution occur?
Art. 882. The statement of the object of the
institution, or the application of the property
left by the testator, or the charge imposed by
him, shall not be considered as a condition
unless it appears that such was his intention.
That which has been left in this manner may
be claimed at once provided that the
instituted heir or his heirs give security for
compliance with the wishes of the testator
and for the return of anything he or they may
receive, together with its fruits and interests,
if he or they should disregard this obligation.
(in case of doubt?)
Modal Institution = (871, 882, 883) institution of
an heir is made, for a certain purpose or cause
Modo (modus) may consist in either:
A special object (purpose) of institution, stated in
the will; or
Application of property left by the testator; or
A charge imposed on the heir
The presumption is against a condition but in favor
of modo.
Example:
A is instituted heir. He will not marry again.
Effects of modo:
1. The heir may claim the property upon him
or his heirs, giving security for compliance
with the testator’s wishes or the return of
what has been received with fruits or
interest 882(2)
2. Non compliance of “modo” operates as a
negative resolutory condition (the property
must be returned with fruits)
3. If exact compliance is not possible, it shall
be complied in the manner most analogous
to and conformable to the testator’s wishes
(803)
What to do when modal institution cannot take
effect in the manner stated by the testator?
29 SUCCESSION REVIEW First Semester

Art. 883. When without the fault of the heir,
an institution referred to in the preceding
article cannot take effect in the exact
manner stated by the testator, it shall be
complied with in a manner most analogous
to and in conformity with his wishes.
- does not prevent the instituted heir from
acquiring rights and transmitting them to
his heirs before arrival of the term (878)
resolutory or in diem
- effects cease on a certain day or time

BAR: 97. Any disposition made upon the condition

If the person interested in the condition
should prevent its fulfillment, without the
fault of the heir, the condition shall be
deemed to have been complied with.
substantial compliance; constructive fulfilment
What rule should govern in case of conditions not
provided for by this section?
that the heir shall make some provision in his will in
favor of the testator or of any other person shall be
void. Here, both the condition and the disposition
are void. What principle is being referred to?
a) reserva troncal
b) preterition
c) fideicommissary
d) disposicion captatoria

In his will, the testator designated X as a legatee to

Article 884. Conditions imposed by the receive P2 million for the purpose of buying an
testator upon the heirs shall be governed by ambulance that the residents of his Barangay can
the rules established for conditional use. What kind of institution is this?
obligations in all matters not provided for by
this Section. (A) a fideicomissary institution.
(B) a modal institution.
The testator designated a time for the (C) a conditional institution.
commencement of the effects of institution. Valid? (D) a collective institution.

Article 885. The designation of the day or

time when the effects of the institution of an
heir shall commence or cease shall be valid.

In both cases, the legal heir shall be

considered as called to the succession until
the arrival of the period or its expiration. But
in the first case he shall not enter into
possession of the property until after having
given sufficient security, with the
intervention of the instituted heir.

Institution with a period (or term) = (878, 880,

885)

 term is the day or time when the effect of

an institution of heirs is to begin or cease

suspensive or ex die
- effects commence from a certain day or
time