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SUCCESSION 324
A. DEFINITION 325
KINDS OF SUCCESSION 325
B. OBJECT OF SUCCESSION AND
TRANSMISSION 325
SCOPE OF INHERITANCE 325
RULE ON TRANSMISSION 325
RULES ON OPENING OF SUCCESSION 325
C. SUBJECTS OF SUCCESSION 326
UP LAW BOC TABLE OF CONTENTS CIVIL LAW
A. DEFINITION Examples:
• Those relating to family
relations
Succession – a mode of acquisition by virtue • Those arising from public law
of which the property, rights and • Those which involve or require
obligations, to the extent of the value of the the personal skills,
inheritance, of a person are transmitted qualifications, characteristics or
through his death to another or others circumstances of a particular
either by his will or by operation of law. [Art. individual
774, CC] • Criminal responsibility
KINDS OF SUCCESSION
(b) Intransmissible by stipulation
(1) Testamentary – that which results
(c) Intransmissible by provision of law
from the designation of an heir, made in
a will executed in the form prescribed by
Examples:
law. [Art. 779, CC]
• Usufruct [Art. 603]
(2) Legal or Intestate – that which takes
place by operation of law in the absence • Agency [Art. 1919]
of a valid will. • Commodatum [Art. 1939]
(3) Mixed – that which is effected partly by
will and partly by operation of law. [Art. (2) Monetary debts left by the decedent are
780, CC] intransmissible in the sense that they
(4) Compulsory – succession to the are paid from the estate of the decedent
legitime and prevails over all other and only the net estate or remainder
kinds of succession [Balane] goes to the heirs. If the decedent’s
estate is not sufficient to pay his debts,
his heirs cannot be held liable for said
B. OBJECT OF SUCCESSION AND debts in their personal capacity. [Rules
TRANSMISSION of Court, Rule 88-90]
RULE ON TRANSMISSION
SCOPE OF INHERITANCE
General rule: All property rights which
General rule: have accrued to the hereditary estate since
(1) All the property, rights and obligations the opening of succession are transmitted
of a person which are not extinguished to the heirs.
by his death [Art. 776, CC]
(2) Not only the property and the Exception: Property acquired after the
transmissible rights and obligations making of a will shall not pass to the heirs
existing at the time of his death, but unless it should expressly appear in the will
also those which have accrued thereto that such was the intention of the testator.
since the opening of the succession [Art. [Art. 793, CC]
781, CC]
RULES ON OPENING OF SUCCESSION
Exceptions: (1) The rights to succession are transmitted
(1) Rights and obligations extinguished by from the moment of the death of the
death and are not transmissible [Art. decedent. [Art. 777, CC]
1311, CC]:
(a) Intransmissible by nature: this Implications of this principle:
refers to rights and obligations
I. KINDS OF WILLS
(1) Notarial – an ordinary or attested will,
which must comply with the
requirements of the law [Arts. 804-808,
CC]
(2) Holographic – a will entirely written,
dated and signed by the hand of the
testator [Art. 810, CC]
What cannot be
What may be entrusted
delegated to 3rd
to 3rd persons
persons
(1) designation of (1) designation of
heirs, devisees person/institution
and legatees falling under a
(2) duration/efficacy class specified by
of designation testator
(3) determination of (2) manner of
portions, when distribution of
referred to by property specified
name [Art. 785, by testator [Art.
CC]
786, CC]
Example:
Whether the testator signed in the
presence of the witnesses, or the
(c) Entirely written, dated and signed in the Insertion, Cancellation, Erasure or
hand of the testator himself [Art. 810, CC] Alteration [Art. 814, CC]
Testator must authenticate by his full
Advantages Disadvantages signature.
Simple and easy to No guarantee as to Note: Full signature does not necessarily mean
make the capacity of the the testator’s full name; it rather means his
testator usual and customary signature. [Balane]
Induces foreigners in
this jurisdiction to set No protection against EFFECT OF INSERTION WRITTEN BY
down their last wishes violence, intimidation ANOTHER PERSON ON THE VALIDITY OF
or undue influence A HOLOGRAPHIC WILL
Guarantees the
absolute secrecy of May not faithfully When Made Effect
the testamentary express the will of the After the execution, Insertion considered
dispositions testator due to faulty without consent of not written. Validity
expressions testator cannot be defeated by
the malice or caprice of
Can be easily falsified a third person
and concealed After execution, with Will is valid, insertion is
consent void
WITNESSES REQUIRED FOR PROBATE After execution, Insertion becomes part
[Art. 811, CC] validated by testator’s of the will. Entire will
signature becomes void because
• At least one witness who knows the
it is not wholly written
handwriting and signature of the testator; by the testator
explicitly declare that it is the testator’s
Contemporaneous to Will is void because it is
• If contested – at least 3 of such witnesses
the execution of the will not written entirely by
• In the absence of a competent witness, the testator
expert testimony may be resorted to
General rule: The holographic will itself Joint Wills
must be presented for probate [Gan v. Yap (1) A single testamentary instrument,
(1958)] (2) Which contains the wills of two or more
persons,
Exception: If there is a photostatic copy or (3) Jointly executed by them,
xerox copy of the holographic will, it may be (4) Either for their reciprocal benefit or for the
presented for probate [Rodelas v. Aranza benefit of a third person.
(1982)] - prohibited under Article 819.
subject to the final decision in a (3) If the testator acted by mistake or did
separate action to resolve title. [Pastor not intend that the instrument he
v.CA (1983)] signed should be his will at the time
affixing his signature thereto;
(4) Probate court may decide on the
ownership of a property when the estate (4) If the testator was insane or otherwise
contains only one property to be mentally incapable of making a will at
adjudicated upon. [Portugal v. Portugal- the time of its execution;
Beltran (2005)]
(5) If the formalities required by law have
not been complied with; or
REVOCATION VS. DISALLOWANCE
(6) If it was executed through force or
Revocation Disallowance under duress, or the influence of fear, or
threats. [Art. 839, CC]
Voluntary act of the Given by judicial
testator decree
With or without cause Must always be for a B. INSTITUTION OF HEIR
legal cause
Institution of Heirs – an act by virtue of
May be partial or total Always total, except which the testator designates in his will the
when the ground of person or persons who are to succeed him
fraud or influence for in his property and transmissible rights and
example affects only obligation [Art. 840, CC]
certain portions of the
will A will shall be valid even though it—
(1) should not contain an institution of an
EFFECT OF FINAL DECREE OF PROBATE, heir or
RES JUDICATA ON FORMAL VALIDITY (2) such institution should not comprise the
entire estate or
Subject to the right of appeal, the (3) the person so instituted should not
allowance of the will, either during the accept the inheritance or be
lifetime of the testator or after his death, incapacitated to succeed.
shall be conclusive as to due execution. [Art.
838, CC] In such cases, the testamentary dispositions
made in accordance with law shall be
The probate of a will by the probate court complied with and the remainder of the
having jurisdiction thereof is usually estate shall pass to the legal heirs. [Art. 841,
considered as conclusive as to its due CC]
execution and validity, and is also
conclusive that the testator was of sound Extent Of Grant [Art. 842, CC]
and disposing mind at the time when he Freedom of disposition depends upon the
executed the will, and was not acting under existence, kind and number of compulsory
duress, menace, fraud, or undue influence, heirs.
and that the will is genuine and not a • No compulsory heirs – Testator has full
forgery. [Mercado v. Santos (1938)] power of disposition
• One with compulsory heirs cannot
II. GROUNDS FOR DENYING PROBATE
disregard the rights of the latter; may
(1) If the signature of the testator was only dispose of the free portion of his
procured by fraud; estate
(2) If it was procured by undue and
Effect Of Predecease Of Heir [Art. 856,
improper pressure and influence, on the
CC]
part of the beneficiary or some other
person; Any heir who dies before the testator or is
incapacitated to succeed or renounces the
Exception to the
exception: have been
living together as
husband and wife for
more than 5 years – 1/2
14 ILP alone 1/2
15 ILP, SS 1/4 1/4
(c) That the property is inherited by another Reserva Minim a vs. Reserva Maxim a
ascendant (Reservista) by operation of law, (1) The prepositus acquired property
and gratuitously from an ascendant, a brother
or sister
(d) That there are relatives within the 3rd
degree (Reservatarios) belonging to the (2) In his will, he institutes as his heir his
line from which said property came. ascendant (who is also a compulsory heir)
such that the ascendant receives half of
Only legitimate descendants will prevent the
the estate by operation of law as legitime
property from being inherited by the legitimate
and the other half by testamentary
ascending line by operation of law [Balane]
disposition
Three transm issions involved: [Balane at Two Views
366-367] (1) Reserva Maxima: The entire property will
(1) 1st transfer – by gratuitous title, from a be considered acquired as legitime and
person to his descendant, brother or sister therefore wholly reservable
(2) Reserva Minim a: One half is reservable,
(2) 2nd transfer – by operation of law, from the
the other half is not subject to reserva
transferee in the 1st transfer to another
troncal [TOLENTINO at 284]
ascendant. This creates the reserva.
Either view is defensible, but Reserva Minima
(3) 3rd transfer – from the transferee in the
finds wider acceptance in the Philippines
second transfer to the relatives
[Balane]
(d) It must be made expressly, stating the the testator, his or her spouse,
cause in the will itself. descendants, or ascendants;
(e) The cause must be certain and true, and
(3) When the parent or ascendant has accused
must be proved by the interested heir if the
the testator of a crime for which the law
person should deny it.
prescribes imprisonment for six years or
(f) It must be unconditional.
more, if the accusation has been found to
(g) It must be total.
be false;
F.1. DISINHERITANCE OF CHILDREN AND (4) When the parent or ascendant has been
DESCENDANTS convicted of adultery or concubinage with
[Art. 919, CC] the spouse of the testator;
(1) When a child or descendant has been (5) When the parent or ascendant by fraud,
found guilty of an attempt against the life violence, intimidation, or undue influence
of the testator, his or her spouse, causes the testator to make a will or to
descendants, or ascendants; change one already made;
(2) When a child or descendant has accused (6) The loss of parental authority for causes
the testator of a crime for which the law specified in this Code;
prescribes imprisonment for six years or
(7) The refusal to support the children or
more, if the accusation has been found
descendants without justifiable cause;
groundless;
(8) An attempt by one of the parents against
(3) When a child or descendant has been
the life of the other, unless there has been
convicted of adultery or concubinage with
a reconciliation between them.
the spouse of the testator;
(4) When a child or descendant by fraud,
F.3. DISINHERITANCE OF A SPOUSE
violence, intimidation, or undue influence
[Art. 921, CC]
causes the testator to make a will or to
change one already made; (1) When the spouse has been convicted of an
attempt against the life of the testator, his
(5) A refusal without justifiable cause to
or her descendants, or ascendants;
support the parent or ascendant who
disinherits such child or descendant; (2) When the spouse has accused the testator
of a crime for which the law prescribes
(6) Maltreatment of the testator by word or
imprisonment of six years or more, and the
deed, by the child or descendant;
accusation has been found to be false;
(7) When a child or descendant leads a
(3) When the spouse by fraud, violence,
dishonorable or disgraceful life;
intimidation, or undue influence cause the
(8) Conviction of a crime which carries with it testator to make a will or to change one
the penalty of civil interdiction. already made;
(4) When the spouse has given cause for legal
separation;
F.2. DISINHERITANCE OF PARENTS AND
ASCENDANTS (5) When the spouse has given grounds for the
[Art. 920, CC] loss of parental authority;
(1) When the parents have abandoned their (6) Unjustifiable refusal to support the
children or induced their daughters to live children or the other spouse.
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
• If testator did not fix the amount, it is fixed in accordance with the
social standing and circumstances of the legatee and the value of the
estate
Order of Payment in Case the Estate Is Not Sufficient to Cover A ll the Legacies and
Devises
Art. 911 Art. 950
Order of Preference
• Legitime of compulsory heirs • Remuneratory legacy/devise
• Donations inter vivos • Preferential legacy/devise
• Preferential legacies or devises • Legacy for support
• All other legacies or devises pro rata • Legacy for education
• Legacy/devise of specific, determinate thing which
forms a part of the estate
• All others pro rata
Application
• When the reduction is necessary to preserve the • When there are no compulsory heirs and the entire
legitime of compulsory heirs from impairment estate is distributed by the testator as legacies or
whether there are donations inter vivos or not; or devises; or
• When, although, the legitime has been preserved • When there are compulsory heirs but their legitime
by the testator himself there are donations inter has already been provided for by the testator and
vivos. there are no donations inter vivos.
Art. 911, CC governs when there is a conflict between Art. 950, CC governs when the question of reduction
compulsory heirs and the devisees and legatees. is exclusively among legatees and devisees
themselves.
Delivery of Legacy/Devise [Art. 951, CC] Revocation of Legacies and Devises [Art.
(1) The very thing bequeathed shall be delivered 957, CC]
and not its value (1) Testator transforms the thing such that it
does not retain its original form or
(2) With all its accessions and accessories
denomination
(3) In the condition in which it may be upon the
(2) Testator alienates the thing by any title or for
death of the testator
any cause. Reacquisition of the thing by the
(4) Legacies of money must be paid in cash testator does not make the legacy or devise
valid, unless it is effected by right of
Effect of ineffective legacies or devises repurchase.
[Art. 956, CC]
(3) Thing is totally lost during the lifetime or
In case of repudiation, revocation or incapacity of after the death of the testator
the legatee or devisee, the legacy or devise shall
be merged with the mass of the hereditary (4) Other causes: nullity of will, non-compliance
estate, except in cases of substitution or with suspensive condition, sale of the thing
accretion. to pay the debts of the deceased during the
settlement of his estate.
Ensure that the legitime of the legitimate (15) Surviving spouse and illegitim ate
children and the spouse are first satisfied. brothers and sisters, nephews and
nieces
(5) Legitim ate parents only
Surviving spouse gets ½ of the estate while
Divide the entire estate equally. [Art. 985]
the rest gets the other ½ with the nephews
(6) Legitim ate ascendants only and nieces inheriting by representation, if
(excluding parents) proper; Note that all the other relatives
Divide the entire estate equally but with the should be “illegitimate” because of the iron-
observance of the rule of division by line. curtain rule. [Art. 994, CC]
[Art. 987]
(16) Illegitimate parents only
(7) Legitim ate parents and illegitim ate Entire estate goes to the illegitimate
children parents. [Art. 993, CC]
Legitimate parents get ½ of the estate,
(17) Illegitimate parents and children of
illegitimate children get the other ½. [Art.
any kind (whether legitimate or
991]
illegitim ate child)
(8) Legitim ate parents and surviving Illegitimate parents are excluded and do
spouse not inherit. For the rule on the respective
Legitimate parents get ½ of the estate; The shares of the children, see numbers 1, 2 or
surviving spouse gets the other ½. [Art. 997] 10, whichever is applicable.
(9) Legitim ate parents, surviving spouse (18) Legitim ate brothers and sisters only
and illegitim ate children Divide the entire estate such that full-blood
Legitimate parents get ½ of the estate; brothers/sisters gets a share double the
surviving spouse and the illegitimate child amount of a half-blood brother or sister.
each get ¼ each, the latter to share among [Art. 1004 and 1006, CC]
themselves if more than one. [Art. 1000]
(19) Legitim ate brothers and sisters,
(10) Illegitimate children only nephews and nieces
Divide the entire estate equally. [Art. 988] Divide the entire estate observing the 2 is to
1 ratio for full and half-blood relationships
(11) Illegitimate children and surviving with respect to the brothers and sisters,
spouse with the nephews and nieces inheriting by
Illegitimate children get ½ of the estate; the representation, if proper. [Art. 1005 & 1008,
surviving spouse gets the other ½. [Art. 998] CC]
(12) Surviving spouse only (20) Nephews and nieces only
Entire estate goes to the surviving spouse. Divide the entire estate per capita,
[Art. 994/995] observing the 2 is to 1 ratio. [Arts. 975 and
(13) Surviving spouse and illegitim ate 1008, CC]
parents (21) Other collaterals [Arts. 1009 and 1010]
Illegitimate parents get ½ and the spouse Divide entire estate per capita. Collateral
gets the other ½. [by analogy with Art. 997] relatives must be with the 5th degree of
(14) Surviving spouse and legitim ate consanguinity.
brothers and sisters, nephews and Note: the nearer relative excludes the more
nieces remote relatives.
Surviving spouse gets ½ of the estate, while (22) State
the rest gets the other ½ with the nephews If there are no other intestate heirs, the
and nieces inheriting by representation if State inherits the entire estate through
proper. [Art. 1001] escheat proceedings. [Art. 1011, CC]
DEFINITION OF ACCRETION [Art. 1015, CC] Among compulsory heirs, there can only be
accretion with respect to the free portion.
It is a right by virtue of which, when two or There can be no accretion with respect to
more persons are called to the same the legitimes. [Arts. 1021 and 1018, CC]
inheritance, devise or legacy, the part
assigned to one who renounces or cannot The heirs to whom the portion goes by the
receive his share or who died before the right of accretion take it in the same
testator is added or incorporated to that of proportion that they inherit. [Art. 1019, CC]
his co-heirs, co-devisees, or co-legatees. Exceptions [Balane]
(1) In testamentary succession, if the
BASIS testator provides otherwise
The right of accretion is based upon the (2) If the obligation is purely personal, and
presumed will of the decedent. Thus, the hence intransmissible
testator can expressly provide that there
shall be no accretion among persons who The heirs to whom the inheritance accrues
would otherwise be entitled thereto. shall succeed to all the rights and
Conversely, the testator may validly provide obligations which the heir who renounced
for accretion in a case where no accretion or could not receive it would have had. [Art.
would take place under the provisions of the 1020, CC]
law. [Tolentino] In testamentary succession, when the right
of accretion does not take place, the vacant
REQUISITES [Tolentino p. 497-499] portion of the instituted heirs, if no
(a) Unity of object and plurality of subjects substitute has been designated, shall pass
(two or more persons are called to the to the legal heirs of the testator, who shall
same inheritance or same portion receive it with the same charges and
thereof) obligations. [Art. 1022, CC]
(b) Vacancy of share (one of the heirs dies Accretion shall also take place among
before the testator, or renounces the devisees, legatees and usufructuaries under
inheritance, or is incapacitated) the same conditions established for heirs.
[Art. 1023, CC]
W hen does Accretion Occur?
Note: There can be accretion only when there is
Accretion happens when there is no representation, because when there is
repudiation, incapacity, or predecease representation, by legal fiction, it cannot be said
of an heir. (RIP) that there is a vacant portion. [Tolentino]
(b) He must not be incapacitated or (6) Physician, surgeon, nurse, health officer
disqualified by law to succeed. [Art 1024, or druggist who took care of the testator
par.1] during his last illness.
(2) Individuals, associations and (3) Those made in favor of a public officer
corporations not permitted by law to or his spouse, descendants and
inherit; ascendants, by reason of his public
office.
(3) Guardian with respect to testamentary
dispositions given by a ward in his favor
before the final accounts of the Based on acts of unworthiness [Art.
guardianship have been approved, even 1032, CC]
if the testator should die after the The following are incapable of succeeding
approval thereof; except if the guardian by reason of unworthiness:
is his ascendant, descendant, brother, (1) Parents who have abandoned their
sister, or spouse; children or induced their daughters to
lead a corrupt or immoral life, or Once the act of unworthiness has been
attempted against their virtue; pardoned, whether expressly or tacitly, the
heir is restored to full capacity to succeed
(2) Any person who has been convicted of
the decedent, as if the cause of
an attempt against the life of the
unworthiness had never existed.
testator, his or her spouse, descendants,
or ascendants; Unworthiness vs. Disinheritance
(3) Any person who has accused the Unworthiness Disinheritance
testator of a crime for which the law
prescribes imprisonment for six years or Unworthiness Disinheritance is the
more, if the accusation has been found renders a person act by which a
groundless; incapable of testator, for just
succeeding to the cause, deprives a
(4) Any heir of full age who, having succession, whether compulsory heir of
knowledge of the violent death of the testate or intestate his right to the
testator, should fail to report it to an legitime [Art. 815, CC]
officer of the law within a month, unless
the authorities have already taken
Determ ination of Capacity [Tolentino p.
action; this prohibition shall not apply
539]
to cases wherein, according to law,
General Rule: At the death of the
there is no obligation to make an
decedent [Art. 1034, CC]
accusation;
Exceptions:
(5) Any person convicted of adultery or
(1) Those falling under 2, 3, and 5 of Art.
concubinage with the spouse of the
1032 – when the final judgment is
testator;
rendered
(6) Any person who by fraud, violence, (2) Those falling under 4 of Art. 1032 –
intimidation, or undue influence should when the month allowed for the report
cause the testator to make a will or to expired
change one already made; (3) If the institution is conditional – when
the condition is complied with
(7) Any person who by the same means
prevents another from making a will, or
from revoking one already made, or who C. ACCEPTANCE AND REPUDIATION
supplants, conceals, or alters the OF THE INHERITANCE
latter's will;
(8) Any person who falsifies or forges a DEFINITION OF ACCEPTANCE
supposed will of the decedent.
The act by which the person called to
Pardon of Acts of Unworthiness succeed by universal title either by the
Express Implied testator or by law manifests his will of
making his own the universality of the rights
Made by the execution Effected when the
and obligations which are transmitted to
of a document or any testator makes a will
writing in which the instituting the him. [Tolentino]
decedent condones unworthy heir with
the cause of knowledge of the DEFINITION OF REPUDIATION
incapacity cause of incapacity The manifestation by an heir of his desire
Cannot be revoked Revoked when the not to succeed to the rights and obligations
testator revokes the transmitted to him. [Tolentino]
will or the institution
CHARACTERISTICS [Arts. 1041–1042, 1056,
Effect of Pardon CC]
(1) Acceptance and repudiation must be must first accept the inheritance
voluntary and free [Art. 1041, CC] before he can dispose of it.
(2) They are irrevocable except if there is (b) If the heir renounces the same, even
vitiation of consent or an unknown will though gratuitously, for the benefit
appears [Art. 1056, CC] of one or more of his co-heirs – this
is actually a donation. The heir
(3) They have a retroactive effect [Art. 1042, must first accept the inheritance
CC] before he can donate it.
REQUISITES [Art. 1043, CC] (c) If the heir renounces it for a price in
(a) Certainty of death of the decedent favor of all his co-heirs
(b) Certainty of the right to the inheritance indiscriminately – this is actually an
onerous disposition. The heir must
Acceptance Repudiation first accept the inheritance before
Involves the • Renders the he can dispose of it.
confirmation of transmission of Note: But if the renunciation should be
transmission of successional rights gratuitous, and in favor of all the co-heirs (to
successional rights ineffective whom the portion renounced should devolve by
• Equivalent to an act accretion), the inheritance shall not be deemed
of disposition or as accepted. [Art. 1050] This is a true case of
alienation renunciation.
• Publicity
requirement is FORMS OF REPUDIATION [Art. 1051, CC]
necessary for the (1) in In a public instrument acknowledged
protection of other before a notary public; or
heirs and creditors
(2) In an authentic document – equivalent
of an indubitable writing or a writing
FORMS OF ACCEPTANCE [Arts. 1049 – whose authenticity is admitted or
1050, CC] proved; or
(1) Express Acceptance – one made in a
public or private document. [Art. 1049 (3) By petition presented to the court
par. 1] having jurisdiction over the
testamentary or intestate proceeding
(2) Tacit Acceptance – one resulting
from acts by which the intention to HEIRS IN TWO CAPACITIES [Art. 1055, CC]
accept is necessarily implied or from (1) If a person is called to the same
acts which one would have no right to inheritance as an heir by will and by law
do except in the capacity of an heir. and he repudiates the inheritance in his
(3) Implied Acceptance - Within thirty capacity as a testamentary heir, he will
days after the court has issued an order be considered to have also repudiated
for the distribution of the estate in the inheritance as a legal heir.
accordance with the Rules of Court, the (2) If he repudiates it as a legal heir,
heirs, devisees and legatees shall without knowledge of his being a
signify to the court having jurisdiction testamentary heir, he may still accept it
whether they accept or repudiate the in the latter capacity.
inheritance; if they do not do so within
that time, they are deemed to have
accepted the inheritance. [Art 1057, CC]
An inheritance is deemed accepted:
(a) If the heir sells, donates, or assigns
his right to a stranger, or to his co-
heirs, or to any of them – the heir
(4) Any sums paid by a parent in whom it may belong. The thing itself or its
satisfaction of the debts of his children, value may be divided. [Art. 1079, CC]
election expenses, fines, and similar
Owned in common. Before partition, the
expenses shall be brought to collation.
whole estate of the decedent is owned in
[Art. 1069, CC]
common by the heirs. [Art. 1078, CC]
Note: Only the value of the thing donated shall
be brought to collation. Thing or value may be divided. [Art. 1079]
Acts deemed partition. Every act which
PROPERTIES NOT SUBJECT TO is intended to put an end to indivision
COLLATION among heirs and legatees or devisees is
Absolutely no collation deemed a partition, although it should
Expenses for support, education (only purport to be a sale, an exchange, a
elementary and secondary), medical compromise, or any other transaction. [Art.
attendance, even in extraordinary illness, 1082, CC]
apprenticeship, ordinary equipment, or A void partition may be valid if:
customary gifts [Art. 1067, CC] (1) The will was in fact a partition
(2) The beneficiaries of the void will were
Generally not imputable to legitime/ legal heirs
cannot be collated, subject to
The titles of acquisition or ownership of
exceptions
each property shall be delivered to the co-
(1) Expenses incurred by parents in giving
heir to whom said property has been
their children professional, vocational or
adjudicated. [Art. 1089, CC]
other career unless the parents so
provide, or unless they impair the
JUDICIAL VS. EXTRAJUDICIAL PARTITION
legitime. [Art. 1067, CC]
Judicial – Partition done by Court
(2) Wedding gifts by parents and
pursuant to an Order of Distribution which
ascendants, consisting jewelry, clothing
may or may not be based on a project of
and outfit, except when they exceed
partition.
1/10 of the sum disposable by will. [Art.
1070, CC] Extra-judicial – partition made by the
decedent himself by an act inter vivos or by
(3) Neither shall donations to the spouse of
will or by a third person entrusted by the
the child be brought to collation; but if
decedent or by the heirs themselves. [Paras]
they have been given by the parent to
the spouses jointly, the child shall be • Partition Inter Vivos: It is one that merely
obliged to bring to collation one-half of allocates specific items or pieces of
the thing donated. [Art. 1066, CC] property on the basis of the pro-indiviso
shares fixed by law or given under the will
Note: Parents are not obliged to bring to to heirs or successors. [Art. 1080, CC]
collation in the inheritance of their ascendants
any property which may have been donated by W ho May Effect Partition
the latter to their children. [Art. 1065, CC] (1) The Decedent, during his lifetime by an
act inter vivos or by will [Art.1080, CC]
(2) The decedent’s heirs [Art.1083, CC]
E. PARTITION AND DISTRIBUTION OF (3) A competent court [Art. 1083,CC]
ESTATE (4) A third person not an heir designated
by the decedent [Art.1081, CC]
E.1. IN GENERAL
W ho Can Demand Partition
Separate, Divide, Assign. Partition is (1) Compulsory heir
the separation, division and assignment of a (2) Voluntary heir upon fulfillment of
thing held in common among those to condition if any [Art. 1084, CC]
The reciprocal obligation of warranty shall caused by the fault of the distributee of
be proportionate to the respective the property. [Art. 1096, CC]
hereditary shares of the co-heirs.
E.3. RESCISSION AND NULLIFICATION OF
If any one of them should be insolvent, the
PARTITION
other co-heirs shall be liable for his part in
the same proportion, deducting the part Causes for Rescission or Annulment
corresponding to the one who should be (1) A partition may be rescinded or
indemnified. annulled for the same causes as
Those who pay for the insolvent heir shall contracts. [Art. 1097, CC]
have a right of action against him for (2) A partition, judicial or extra-judicial,
reimbursement, should his financial may also be rescinded on account of
condition improve [Art. 1093, CC] lesion, when any one of the co-heirs
An action to enforce the warranty among received things whose value is less by at
the co-heirs must be brought within ten least one-fourth, than the share to
years from the date the right of action which he is entitled, considering the
accrues. [Art. 1094, CC] value of the things at the time they were
adjudicated [Art. 1098, CC]
If a credit should be assigned as collectible,
the co-heirs shall not be liable for the • This article applies only to cases of
subsequent insolvency of the debtor of the partition among-coheirs
estate, but only for his insolvency at the • Lesion is the injury suffered in
time the partition is made. [Art. 1095, CC] consequence of inequality of situation
by one party who does not receive the
The warranty of the solvency of the debtor full equivalent for what she gives in a
can only be enforced during the five years sale or any commutative contract
following the partition.
(3) The partition made by the testator
Co-heirs do not warrant bad debts, if so cannot be impugned on the ground of
known to, and accepted by the distributee. lesion, except when the legitime of the
But if such debts are not assigned to a co- compulsory heirs is thereby prejudiced,
heir, and should be collected, in whole or in or when it appears or may be
part, the amount collected shall be reasonably be presumed, that the
distributed proportionately among the heirs. intention of the testator was otherwise.
[Art. 1095, CC] [Art. 1099, CC]
(4) Preterition of a compulsory heir
End of W arranty in the partition [Art. 1104, CC]:
The obligation of warranty among co-heirs
• Partition shall not be rescinded unless
shall cease in the following cases:
bad faith or fraud on the part of other
(1) The testator himself has made the heirs is proved.
partition • The culpable heirs shall share in the
• Unless it appears, or it may be damages of the prejudiced
reasonably presumed, that his compulsory heir proportionately.
intention was otherwise, but the
(5) A partition which includes a person
legitime shall always remain
believed to be an heir, but who is not,
unimpaired.
shall be void only with respect to such
(2) When it has been so expressly person. [Art. 1105, CC]
stipulated in the agreement of partition
The action for rescission on account of
• Unless there has been bad faith lesion shall prescribe after four years from
(3) When the eviction is due to a cause the time the partition was made. [Art. 1100,
subsequent to the partition, or has been CC]
The heir who is sued shall have the option IMPORTANT PERIODS IN PARTITION
of indemnifying the plaintiff for the loss, or
Testator, if publicly known to
consenting to a new partition 1 month or
be insane, burden of proof is
less before
Indemnity m ay be made: on the one claiming validity
making a will
(1) By payment in cash or of the will
(2) By the delivery of a thing of the same Maximum period testator can
kind and quality as that awarded to the 20 years prohibit alienation of
plaintiff. dispositions
5 years from
If a new partition is made, it shall affect To claim property escheated
delivery to
neither those who have not been prejudiced to the State
the State
nor those who have not received more than To report knowledge of
their just share [Art. 1101, CC] 1 month violent death of decedent lest
An heir who has alienated the whole or a he be considered unworthy
considerable part of the real property 5 years from
Action for declaration of
adjudicated to him cannot maintain an the time
incapacity & for recovery of
disqualified
action for rescission on the ground of lesion, the inheritance, devise or
person took
but he shall have a right to be indemnified legacy
possession
in cash [Art. 1102, CC]
30 days
The omission of one or more objects or from Must signify
securities of the inheritance shall not cause issuance of acceptance/repudiation
the rescission of the partition on the ground order of otherwise, deemed accepted
of lesion, but the partition shall be distribution
completed by the distribution of the objects 1 month Right to repurchase
or securities which have been omitted. [Art. form written hereditary rights sold to a
1103, CC] notice of sale stranger by a co-heir
To enforce warranty of
DIFFERENCE OF NULLITY FROM title/quality of property
RESCISSION 10 years adjudicated to co-heir from
the time right of action
Nullity – the act is supposed to never have accrues
existed To enforce warranty of
5 years from solvency of debtor of the
Rescission – the act is valid at the origin
partition estate at the time partition is
though it afterwards became ineffective
made
4 years from Action for rescission of
partition partition on account of lesion