Wills and Succession

BAR REVIEW LECTURE
WILLS AND SUCCESSION

ATTY. RONEY JONE P. GANDEZA
2
SUCCESSION
mode of acquisition of ownership

property, rights, obligations transmitted
through death
by will or by operation of law
3
QUESTION:
Which of the following is not a
mode of acquisition of ownership?
a. prescription
b. donation
c. accession
d. law
4
WHAT ARE THE MODES OF
ACQUISITION OF OWNERSHIP?
DONATION
PRESCRIPTION
INTELLECTUAL CREATION
SUCCESSION
TRADITION
OCCUPATION
LAW (Art. 712, CC)
5
QUESTION:
What is meant by law as a mode of
acquiring ownership?
Cite at least three examples.
6
ANSWER:
When the Civil code speaks of law
as a distinct mode of acquiring
ownership, it refers to those instances
where the law, independently of the
other modes of acquiring ownership,
AUTOMATICALLY and DIRECTLY
vests the ownership of the thing in a
certain individual once the prescribed
conditions are present or complied
with.
7
EXAMPLES:
Hidden treasure which a stranger discovers by

chance on anothers property. Here, one-half
of the treasure belongs to the stranger, while
the other half belongs by operation of law to
the owner of the land. (Art. 438, CC)
Abandoned beds, when a river or stream

suddenly changes its course to traverse
private lands. The former owners of the new
bed shall be the owners of the abandoned bed
in proportion to the area lost by each. (Art. 58,
PD 1067)
8
Fruits
naturally falling from a tree
upon adjacent land. Here, the
ownership of the fruits is vested
automatically in the owner of the
adjacent land. (Art. 681, CC)
Acquisition
of property in a state of
co-ownership if marriage is
governed by the absolute
community regime.
9
WHY IS THERE A NEED TO DISTINGUISH
BETWEEN DONATION INTER
VIVOS AND DONATION MORTIS CAUSA?
The distinctions are important to determine -

Effectivity of donation
Transfer of ownership
Revocability of donation
Predecease of donee
Formalities required by law
10
EFFECTIVITY OF DONATION
Donation inter vivos takes effect

during the lifetime of the donor.
Donation mortis causa takes effect

upon the death of the donor.
11
TRANSFER OF OWNERSHIP
In inter vivos, ownership is

transferred to the donee before
the death of the donor.
In mortis causa, ownership is

transferred only upon the
death of donor.
12
DEATH OF DONEE
Inter vivos is valid even if

donor survives the donee.
Mortis causa is void if donor

survives the donee.
13
REVOCABILITY OF DONATION
Inter vivos is essentially irrevocable.
Mortis causa is always revocable

during the lifetime of the donor.
14
FORMALITIES
Inter vivos must comply with

the formalities for donations
under Arts. 748 and 749, Civil
Code.
Mortis causa must comply with
the formalities for notarial and
holographic wills.
15
PROBLEM:
X donated in a public instrument a
parcel of land to Y, who accepted it
in the same document. It is there
declared that the donation shall take
effect immediately, with the donee
having the right to take possession
of the land and receive its fruits but
not to dispose of the land while X is
alive, as well as for ten years
following his death.
Moreover, X also reserved in the same
deed his right to sell the property
should he decide to dispose of it at any
time a right which he did not exercise
at all.
After his death, Xs heirs brought an
action to recover the property, alleging
that the donation was void because it
did not comply with the formalities of a
will.
Will the suit prosper?
17
ANSWER:
Yes, the suit will prosper because the
donation did not comply with the
formalities of a will. In this instance,
the fact that the donor did not intend
to transfer ownership or possession
of the donated property to the donee
until the donors death, would result
in a donation mortis causa and in this
kind of disposition, the formalities of
a will should be complied with,
otherwise, the donation is void.
18
The donation mortis causa in this
case which is embodied only in a
public instrument without the
formalities of a will could not have
transferred ownership of the
disputed property to Y.
19
TRANSMISSION OF PROPERTY
RIGHTS AND OBLIGATIONS
All obligations are transmissible,

except purely personal obligations.
Heirs liability to pay is co-extensive

with the value of his inheritance.
20
PROBLEM:
D was the defendant in a civil

case. During the pendency of the
case, he died, and his children
were substituted as defendants.
If judgment is rendered against
the defendants, can the children
be held personally liable with their
own individual properties?
21
ANSWER:
Despite the substitution, the children

are not liable.
The remedy of the plaintiff, the

creditor, is to proceed against the
estate of the deceased debtor.
22
PROBLEM:
A father sold a parcel of land to a

buyer, but had not yet delivered
the parcel by the time he died. Are
the heirs required to make the
delivery?
23
ANSWER:
Yes, because the heirs also inherit

the obligations of the deceased
which are not extinguished by
death.
24
DEATH OF THE DECEDENT
The rights to the succession are

transmitted from the moment of
death of the decedent. (Art. 777, CC)
25
PRIOR TO A PERSONS DEATH
The heirs merely have an
inchoate right to his property.
AFTER DEATH OF A PERSON
The heirs own the property, subject to

the decedents liabilities.
They may dispose of the property,
even if the property is still under
administration.
PROBLEM:
T died with a will survived by his

legitimate children: A, B and C.
Upon Ts death, A, the eldest
son, sold his entire share to
his friend, F.
Is the sale valid?
ANSWER:
The sale is valid because the

rights of A to the inheritance
became vested upon Ts death.
28
QUESTION:
Is actual death the only trigger that

opens the estate of a person to
succession?
29
ANSWER:
Yes, subject to two exceptions:
a) presumed death of a person.
b) judicial dissolution of marriage.
30
PRESUMED DEATH
ORDINARY ABSENCE
If the absentee disappears under
normal conditions, there being no
danger of death, he is presumed dead
for the opening of his succession at the
end of TEN YEARS.
If he disappeared at age 75, he is

presumed dead at the end of FIVE
YEARS.
EXTRAORDINARY ABSENCE
This is absence coupled with

great probability of death.
An absence of FOUR YEARS is

sufficient for a person to be
presumed dead.
PRESUMPTION OF DEATH DUE
TO EXTRAORDINARY ABSENCE
A person on board a missing vessel or a
missing airplane, who has not been heard
of for FOUR YEARS since the loss of the
vessel or airplane.
A person in the Armed Forces who has
taken part in war, and has been missing
for FOUR YEARS.
A person who has been in danger of death
under other circumstances and his
existence has not been known for FOUR
YEARS.
QUESTION:
If a person disappears with great

probability of death, when should
he be presumed dead?
34
ANSWER:
The person is presumed to have
died at the time of the
disappearance (or at the time of
the calamity, not at the end of
four years.
The presumption of death will

arise that death had occurred
four years before.
35
NOTE:
While succession really took place
four years before or on the day of
the disappearance, actual division
will only be at the end of four
years.
From the beginning of the four
years, the heir shall be considered
the owner and possessor of the
property, and not only from the
end thereof.
36
PROBLEM:
W, wife of H, filed a petition seeking

a judicial declaration of presumptive
death of her missing husband, H,
who has been missing and unheard
of since 2005.
Will the petition prosper?
37
ANSWER:
No, because the presumption is
already established by law.
A judicial declaration of presumptive

death is required only for purposes
of remarriage under Article 41 of the
Family Code.
QUESTION:
Suppose H was 76 years old when
he disappeared in 2005, when
shall he be presumed dead for the
opening of his succession?
a. 2009
b. 2010
c. 2012
d. 2015
39
QUESTION:
What is freak succession?
40
FREAK SUCCESSION
This is succession without the

triggering effect of actual death.
Article 50 of the Family Code

gives two instances which
require the payment or delivery
of presumptive legitimes before
the actual death of the person
who is obliged to pay it.
41
TRANSMISSION BY WILL
OR BY OPERATION OF LAW
If a person dies with a will, his

estate is to be distributed in
accordance with the rules on
testamentary succession.
If he dies without a will, or with a
void will, his estate is to be
distributed in accordance with
the rules on intestate succession.
42
DIFFERENT KINDS
OF SUCCESSION
43
Testamentary
Intestate
Mixed
44
TESTAMENTARY
This is succession which results from

the designation of an heir, made in a
will, and executed in the form
prescribed by law.
45
LEGAL OR INTESTATE
This is succession which is

effected by operation of law in
default of a will.
46
MIXED
This is succession effected

partly by will and partly by
operation of law.
47
DIFFERENT KINDS OF HEIRS
48
COMPULSORY HEIRS
- primary compulsory heirs
- secondary compulsory heirs
VOLUNTARY HEIRS
INTESTATE HEIRS
49
DISTINCTIONS BETWEEN HEIRS
LEGATEES AND DEVISEES
50
DEVISEES/LEGATEES are always
called to succeed to individual
items of property.
HEIRS are called to succeed to an

indeterminate, fractional or aliquot
portion of the decedents estate.
51
DEVISEES/LEGATEES succeed by
particular title.
HEIRS succeed by universal title.
52
DEVISEES/LEGATEES are always
called to succeed by will.
HEIRS are called to succeed either

by will or by operation of law.
53
QUESTION:
What is the importance of the

distinction between heirs on the
one hand and legatees/devisees
on the other?
54
ANSWER:
GENERAL RULE
There is no difference in their
capacity, effect and solemnities.
EXCEPTION
Distinction is important in cases of:
PRETERITION
IMPERFECT DISINHERITANCE.
55
WHAT IS PRETERITION?
The omission in the testators

will 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.
REQUISITES OF PRETERITION
57
FIRST: There is a total omission
in the inheritance.
SECOND: The omission must be

of a compulsory heir.
THIRD: The compulsory heir

omitted must be in the direct line.
58
TOTAL OMISSION
IN THE INHERITANCE
THERE IS PRETERITION even if a

compulsory heir is named in the
will, but he is not given any share,
the heir not having been
expressly disinherited.
REASON: Preterition involves an

omission in the inheritance, not in
the will.
59
NO PRETERITION if a compulsory
heir is given a share in the
inheritance no matter how small.
REASON: The heir is entitled only to

the completion of his legitime. (Art.
906, CC)
60
NO PRETERITION even if a
compulsory heir is not given
anything in the will, but he had
already received a donation from
the testator.
REASON: A donation to a
compulsory heir is considered as
an advance of the legitime. (Art.
1073 CC)
61
NO PRETERITION if a compulsory
heir is given a legacy, even if less
than his legitime.
REASON: Remedy of the aggrieved

heir is to demand completion of his
legitime.
62
NO PRETERITION if part of the
estate has been given to a
compulsory heir, whether
indicated in the will or not.
63
OMITTED HEIR MUST BE A
COMPULSORY HEIR
THERE IS NO PRETERITION of
voluntary heirs or instituted heirs.
NEITHER IS THERE PRETERITION

of intestate heirs, unless they are
compulsory heirs.
64
COMPULSORY HEIR OMITTED
MUST BE IN THE DIRECT LINE
THERE IS NO PRETERITION of a
surviving spouse.
Although a compulsory heir, the

spouse is not an heir in the direct
line.
65
EFFECTS PRETERITION
66
FIRST EFFECT
The institution of heirs is

automatically annulled without
need of court action.
INTESTACY RESULTS.
PROBLEM:
T has three legitimate children, A, B

and C. T made a will instituting his
children, A and B, and a friend, F, as
his sole heirs. C was omitted in the
inheritance.
Estate is 90,000. How should the

distribution be made?
68
90,000
A B C F
Instituted Instituted Preterited Instituted
ANSWER:
The preterition of C annuls the

institution of A, B and F as Ts
heirs. Intestacy results.
A, B and C will each get 30,000.
The friend, F, gets nothing.
70
PROBLEM:
T executed a will containing only
one provision whereby he
instituted his sister, S, as his only
heir.
Surviving T when he died were his
parents, F and M, and his sister, S.
How shall Ts estate of 50,000 be

distributed upon his death?
71
M
T S
50,000 Instituted
72
ANSWER:
The omission of F and M

constitutes preterition which will
result in the annulment of the
institution of S.
Consequently, the entire will is

void; estate is to be distributed as
in intestacy.
73
IMPORTANT:
In preterition, the preterited heir gets
his share not only of the legitime, but
also of the free portion.
This rule differs from a case of

imperfect disinheritance where the
disinherited heirs gets only his
legitime.
74
SECOND EFFECT
Although the institution of heirs is

annulled, the legacies and devises
shall remain valid insofar as they
are not inofficious.
In other words, they are not
voided, but they are merely
reducible if the legitime has been
impaired.
75
PROBLEM:
In Ts will, he gave F, a friend, a
legacy of 10,000; instituted his son,
A, as heir; and deliberately omitted
his other son, B.
If the estate is 100,000, how should
the estate be distributed on Ts
death?
76
T 100,000
A B F
Instituted Preterited Legatee
10,000
77
ANSWER:
The preterition of B renders the
institution of heirs void.
The legacy is effective for the
legitime has not been impaired.
Therefore, the remaining 90,000 will
be divided intestate as follows:
A = 45,000
B = 45,000
F = 10,000
78
PROBLEM:
In the previous problem, if the legacy

to F had been 60,000 and the other
facts are the same, how would the
estate be distributed?
79
ANSWER:
Since the estate is 100,000, the
free portion is only 50,000.
The legacy of 60,000 should be

reduced by 10,000.
A = 25,000
B = 25,000
F = 50,000
80
PROBLEM:
In Ts will, he gave his friend, X, a
legacy of 60,000; instituted A and
another friend, Y, as heirs; and
deliberately omitted B.
If the estate is 100,000, how should

the estate be distributed on Ts
death?
81
T 100,000
A B X Y
Instituted Preterited Legatee Instituted
60,000
82
ANSWER:
The preterition of B renders void the

institution of A and Y.
The legacy to X, though valid, is
reducible because it impairs the
legitime of A and B.
A = 25,000
B = 25,000
X = 50,000
Y=0
83
OBSERVATIONS:
The legatee (X) is entitled to receive

his legacy.
But the instituted heir (Y) is not

entitled to receive anything from the
estate.
84
QUESTION:
What is ineffective disinheritance?
85
WHAT IS INEFFECTIVE
DISINHERITANCE?
1. . Without specification of the cause

(no cause stated)
2. Cause denied by the heir and not
proved by the instituted heir
(false cause)
3. Cause not given by law
(illegal cause)
86
QUESTION:
What are the legal effects of ineffective,

imperfect or invalid disinheritance?
87
ANSWER:
FIRST EFFECT: The institution of
heirs is annulled insofar as it may
prejudice the person disinherited, or
insofar as the legitime of said heir is
impaired.
SECOND EFFECT: The devises,
legacies and other testamentary
dispositions shall be valid to such
extent as it will not impair the
legitime.
88
PROBLEM:
Testator T has three legitimate
children: A, B, and C.
In his will, T disinherited A and
instituted B and C as his heirs. The
disinheritance of A was invalid
because it was for a cause not
provided by the law.
If the hereditary estate is 90,000,
how shall the distribution be made?
89
T 90,000
A B C
Ineffectively Instituted Instituted
Disinherited
90
ANSWER:
The institution of B and C remains
valid, but their shares are to be
reduced to give A his legitime.
Had there been preterition here, each

would receive 30,000 each. Therefore:
A - 15,000
B - 37,500
C - 37,500
91
PROBLEM:
Estate is 100,000. T gave a legacy of

70,000 to a friend, X. Y, a legitimate
child, was ineffectively disinherited.
How much should X and Y get?
92
T
Y X
93
ANSWER:
X (legatee) gets only 50,000. The

legacy to him is reducible by 20,000
so as not to impair Ys legitime.
Y (disinherited heir) gets his

legitime of 50,000.
94
QUESTION:
In his will, testator T (a) disinherits his
daughter, A, because she married a
good for nothing gigolo despite my
repeated warnings that she shouldnt
marry him (b) omits his wife, W, (c)
leaves a legacy of 10,000 to his mistress,
M, and 5,000 to his driver, E, and (e)
institutes his son, B, as his sole heir.
Distribute Ts estate of 100,000.
95
T W
A B M E
96
ANSWER:
The disinheritance of A was ineffective
because the ground relied upon by T
does not constitute a valid ground for
disinheritance under Article 919 of the
Civil Code. Hence, the testamentary
provisions in the will shall be annulled
but only to the extent that As legitime
was impaired.
97
The total omission of W does not
constitute preterition because she is not
a compulsory heir in the direct line. Only
compulsory heirs in the direct line may
be the subject of preterition. Not having
been preterited, she is entitled to her
legitime.
The legacy in favor of M is void under

Article 1028 of the Civil Code for being in
consideration of her adulterous relations
with T. She is, therefore, disqualified to
receive the legacy of 10,000.
98
The legacy of 5,000 in favor of E is not
inofficious because it does not exceed the
free portion. Hence, E shall be entitled to
receive it.
The institution of B, which applies only to
the free portion, shall be respected.
In sum the estate of T will be distributed
as follows:
A 25,000
B 45,000
W 25,000
E 5,000
M 0
T W
A B M E
100
QUESTION:
If all other facts in the previous problem
are the same, except that the
disinheritance of A was for a valid cause,
how shall Ts estate be distributed?
ANSWER:
A 0
B 50,000 (legitime)
20,000 (by institution)
W 25,000 (legitime)
D 5,000 (legacy)
M 0
101
EFFECTS OF A VALID
DISINHERITANCE
Heir is deprived of his legitime.
Children of the disinherited child
can represent the latter, but the right
of representation extends only to
the legitime. (Art. 923, CC)
There is no right to represent a

disinherited spouse or disinherited
parent.
102
FORMALITIES
OF A WILL
103
WHAT IS A WILL?
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 (Art.

783, CC)
QUESTION:
What are the ambiguities in a will?
ANSWER:
1. Intrinsic (Latent) ambiguity.

2. Extrinsic (Patent) ambiguity.
105
INTRINSIC AMBIGUITY
INTRINSIC AMBIGUITY is ambiguity

which does not appear on the face
of the will. It is is discovered only
by extrinsic evidence.
EXAMPLE: I institute as heir my

friend, Rod. Testator has two
friends named Rod.
CASES OF INTRINSIC AMBIGUITY
when there is an imperfect
description of the heir, legatee or
devisee.
when there is an imperfect description

of the gift being given (a house)
when only one recipient is

designated, but it turns out that there
are two or more who fit the
description. (Art. 789, CC)
EXTRINSIC AMBIGUITY
appears on the face of the will.
by examining the provision

itself, it is evident that it is not
clear.
EXAMPLE: I institute some of

my brothers and some of my
sisters as my heirs.
HOW MAY AN AMBIGUITY
IN A WILL BE CURED?
No difference in curing intrinsic or

extrinsic ambiguities.
FIRST, examine the will itself.

SECOND, admit extrinsic evidence.
Testators oral declarations are
excluded.
109
PROBLEM:
T instituted a brother-in-law as one
of his heirs. When T died, it was
discovered that he has three
brothers-in-law: A, B and C.
In making the will, T orally stated

that he was referring to brother-in-
law, A, but among Ts files was found
a memorandum that he wanted
brother-in-law, B, to be his heir.
110
C, the third brother-in-law, states
that he was the one referred to.
What kind of ambiguity is this?
111
ANSWER:
This is intrinsic ambiguity; the

doubt arises because of
circumstances outside the will.
112
QUESTION:
Is Ts oral declaration extrinsic
evidence?
113
ANSWER:
Yes, but it is inadmissible to cure

the defect.
114
QUESTION:
Who among the brothers-in-law

should inherit from T?
115
ANSWER:
B should inherit in view of the
written memorandum which is
admissible extrinsic evidence.
NOTE: In the law on evidence,

evidence is admissible if it is
relevant and competent.
AFTER-ACQUIRED PROPERTIES
GENERAL RULE: Property acquired

between the execution of the will and
the death of the testator are not
included among the properties
disposed of.
EXCEPTION: Unless it appears in the
will that such was the intention of the
testator. (Art. 793, CC)
117
PROBLEM:
T made a will in 1998 giving to his

friend, F, all his cars. In 1998, T had
three cars, but in 2005, when T
died, he had at the time of his
death eight cars.
How many cars will F get?
118
ANSWER:
Three only.
The rule under Article 793 of the

Civil Code is applicable only to
legacies and devises.
As to institution of heirs, Article 781

of the Civil Code applies.
VALIDITY OF WILLS
IN POINT OF TIME
EXTRINSIC VALIDITY Determined by

the law in force at the time the will is
made. (Art. 795, CC)
INTRINSIC VALIDITY Determined by

the law in force at the time of
decedents death.
REQUISITES IN THE
EXECUTION OF A WILL
1. Testator be at least 18 years of age.

2. Testator be of sound mind.
121
CAN THERE BE A VALID ORAL WILL?
No. Every will must be in writing

and executed in a language or dialect
known to the testator. (Art. 804, CC)
KINDS OF WILLS
A will may either be notarial or

holographic depending upon
the formalities or solemnities
which accompanied their
execution.
WHAT IS A NOTARIAL WILL?
A notarial will is one which is

executed in accordance with the
formalities prescribed by Arts. 804
to 808 of the Civil Code.
ESSENTIAL REQUIREMENTS
OF A NOTARIAL WILL
1. The will must be in writing.
2. The will must be executed in a

language or dialect known to the
testator.
125
3. The will must be subscribed (signed) at
the end thereof by the testators name
written by another person in his
presence, and by his express direction.
4. The will must be attested and

subscribed by three or more credible
witnesses in the presence of the
testator and of one another.
126
5. The testator or the person
requested by him to write his
name and the instrumental
witnesses of the will shall
also sign and every page
thereof, except the last, on
the left margin.
6. All the pages of the will must

be numbered correlatively in
letters placed on the upper
part of each page.
127
7. The will must contain an
attestation clause.
8. The will must be acknowledged

before a notary public by the
testator and the witnesses.
128
TESTATOR IS DEAF OR DEAF-MUTE
9. He must personally read the will, if

able to do so, otherwise, he shall
designate two persons to read it and
communicate to him, in some
practicable manner the contents
thereof.
129
TESTATOR IS BLIND
9. The will shall be read to him twice;

once by one of the subscribing
witnesses, and again, by the
notary public before whom the will
is acknowledged.
130
PROBLEM:
The probate of a notarial will is

opposed on the ground that it does
not contain a statement attesting
that the language used therein was
known by the testator.
Should the opposition be given

due course?
131
ANSWER:
There is no law which requires

that the will must expressly state
the language used in the will and
that such language was known by
the testator.
What the law requires is that the

language was known by the
testator. (Suroza v. Honrado, 110 SCRA 381)
132
QUESTION:
If a person is a beneficiary in a
will, is he competent to act as an
instrumental witness?
133
ANSWER:
Yes, but his institution as an heir,

or the legacy or devise given to
him, shall be rendered void,
unless there are three other
competent witnesses. (Art. 823, CC)
In other words, he is disqualified

from inheriting from the testator.
(Art. 1027, CC)
134
MEANING OF SIGNED IN
THE PRESENCE OF
SIGNED IN THE PRESENCE OF does not
mean that the testator and the
instrumental witnesses actually saw each
other sign.
TRUE TEST: Whether they might have seen

each other sign, had they chosen to do so,
considering their mental and physical
condition and position with respect to
each other at the moment of inscription of
each signature. (Nera v. Rimando, 18 Phil. 450)
135
WHAT IS MEANT BY
ATTESTATION OF A WILL?
It is the act of witnessing the

execution of a will by the testator
in order to see and take note
mentally that the requirements of
the law for the execution of a will
and that the signature of the
testator exists as a fact.
136
PURPOSE OF ATTESTATION
To render available proof that

there has been compliance with
the statutory requirements for
the execution of a will.
137
SUBSCRIPTION
The manual act of the

instrumental witnesses in
affixing their signatures in the
will.
Only purpose is identification.
138
DISTINCTIONS BETWEEN
ATTESTATION AND SUBSCRIPTION
ATTESTATION is an act of the senses.

SUBSCRIPTION is an act of the hand.
ATTESTATION is mental.
SUBSCRIPTION is mechanical.
ATTESTATION is to render available

proof that the will had been executed
in accordance with the law.
SUBSCRIPTION is for identification.
139
WHAT ARE THE ESSENTIAL
FACTS TO BE STATED IN THE
ATTESTATION CLAUSE?
Number of pages upon which the will is written.
That the testator signed the will and every page

thereof, or caused some other person to write
his name, under his express direction, in the
presence of the instrumental witnesses.
That the instrumental witnesses witnessed and
signed the will and all the pages thereof in the
presence of the testator and of one another.
(Art. 805, CC)
140
FORMALITIES OF
HOLOGRAPHIC WILL
1. Written by the hand of the testator

himself.
2. Dated by the hand of the testator
himself.
3. signed by the hand of the testator

himself.
4. Executed in a language or dialect
known to the testator.
141
PROBLEM:
T died in 2005, leaving behind a
holographic will which is entirely
written, dated and signed in her own
handwriting. However, the will contains
insertions and cancellations which are
not authenticated by her signature. For
this reason, the probate of Ts will is
opposed by her relatives who stood to
inherit intestate from her.
May Ts will be probated?
142
ANSWER:
Yes, the will as ORIGINALLY WRITTEN
may be probated. The insertions and
alterations were void since they were
not authenticated by the full signature
of T pursuant to Article 814 of the Civil
Code.
The original will remains valid
because a holographic will is not
invalidated by the unauthenticated
insertions or alterations. (Ajero v. Court
of Appeals, 236 SCRA 468)
143
PROBLEM:
T executed a will in his own handwriting,
signed by him at the end of each page on
the left marginal space of every page,
except the last page. The document bore
no date. However, below Ts every
signature, were the signature of two
witnesses, who later testified that the will
was executed in their presence on January
1, 1995, and that T was in full possession
of his faculties at that time and even
explained to them the details of the will he
was writing down.
Is the will formally valid?
144
ANSWER:
The will is not valid either as a
notarial will or a holographic will. It is
not valid as a notarial will because
this requires three witnesses. Neither
is it valid as a holographic will
because the will must be entirely
written, dated and signed by the
hand of the testator. The fact that the
witnesses testified as to the date of
execution of the will did not cure the
defect. Lacking the date, it cannot be
probated as a holographic will.
145
CONFLICTS RULES IN THE
EXECUTION OF WILLS
TESTATOR IS FILIPINO
WILL IS EXECUTED IN THE PHILS.

- Phil. Law
WILL IS EXECUTED ABROAD
- law of the place

- Phil. law (Arts. 815-816, CC)
146
TESTATOR IS AN ALIEN
WILL IS EXECUTED IN THE PHILS.
- Phil. law (Art. 17, CC)

- national law (Art. 817, CC)
WILL IS EXECUTED ABROAD

- lex loci (Art. 17, CC)
- national law (Art. 816, CC)
- law of domicile
- Phil. law
147
PROBLEM:
A, a Filipino, executed a will in
Kuwait while there as a contract
worker. Assume that under the laws
of Kuwait, it is enough that the
testator affix his signature in the
presence of two witnesses and that
the will need not be acknowledged
before a notary public.
May the will be probated in the
Philippines?
148
JOINT WILL
A single testamentary instrument

which contains the wills of two or
more persons jointly executed by
them, either for their reciprocal
benefit or for the benefit of a
third person.
149
IS A JOINT WILL VALID?
Whether in the Philippines or

abroad, Filipino citizens are
prohibited from executing joint
wills. This is a matter of public
policy. (Arts. 818, 819, CC)
REASON: It may lead to the

commission of parricide.
150
QUESTION:
Is a joint will executed by aliens
abroad, valid according to their
national law and the law of the
place of execution, valid in the
Philippines?
151
ANSWER:
By clear implication under Art. 819

of the Civil Code, the prohibition
does not apply to foreigners, only
to Filipinos.
The first par. of Art. 17 of the Civil

Code applies insofar as alien
testators are concerned.
152
QUESTION:
Manuel, a Filipino, and his American
wife, Eleanor, executed a Joint Will in
Boston, Massachusetts when they
were residing in said city. The law of
Massachusetts allows the execution
of joint wills. Shortly thereafter,
Eleanor died. Can the will be
probated in the Philippines for the
settlement of her estate?
ANSWER:
Yes, the will can be probated in the
Philippines insofar as the estate of
Eleanor is concerned. While the Civil
Code prohibits the execution of joint wills
here and broad, such prohibition applies
only to Filipinos. Hence, the joint will
which is valid where executed is valid in
the Philippines, but only with respect to
Eleanor. Under Article 819, it is void with
respect to Manuel whose joint will
remains void in the Philippines despite
being valid where executed.
SUBSTITUTION OF HEIRS
SUBSTITUTION OF HEIRS is the

appointment of another heir so
that he may enter into the
inheritance in default of the heir
originally instituted. (Art. 857, CC)
155
KINDS OF
SUBSTITUTION OF HEIRS
156
1. SIMPLE OR COMMON
Takes place when the testator
designates one or more persons to
substitute the heir or heirs instituted.
(Art. 859, CC)
2. BRIEF
Two or more persons are designated
by the testator to substitute for one
heir.
COMPENDIOUS
One person substitutes for two or
more heirs.
157
3. RECIPROCAL
Takes place when two or more

persons are not only instituted as
heirs, but are also reciprocally
substituted.
158
4. FIDEICOMMISSARY
Takes place when the FIRST heir (fiduciary)
instituted is entrusted with the obligation
to preserve and to transmit to a SECOND
heir the whole or part of the inheritance.
Provided the substitution does not go

beyond one degree from the heir
originally instituted.
Provided further that the 1st heir and the
2nd heirs are living at the time of the death
of the testator. (Art. 863, CC)
159
ESSENTIAL REQUISITES OF
FIDEICOMMISSARY SUBSTITUTION
There must be a first heir called
primarily to the enjoyment of the estate.
There must be a second heir.
An obligation clearly imposed upon the
first heir to preserve and transmit to the
second heir the whole or a part of the
estate.
The first and second heirs must be only
one degree apart.
160
Both heirs must be alive (or at
least conceived) at the time of
the testators death (Art. 863, CC)
Must be made in an express

manner (Art. 867, CC)
Must not burden the legitime.
161
FIRST REQUISITE
FIRST HEIR
must be capacitated; must

accept the inheritance.
Not a mere trustee, for while he
also administers, he carries out
not anothers wishes, but his
own, insofar as the
management of the property
property is concerned.
162
He is almost like a usufructuary,
with the right to enjoy the
property.
Like a usufructuary, he cannot

alienate the property itself.
Like a usufructuary, he is bound

to make an inventory to know
what properties he must
preserve and transmit. NO BOND
is required.
163
SECOND REQUISITE
PRESERVE AND TRANSMIT
Obligation must be given clearly and

expressly.
If mere advice or suggestion, no
fideicommisary substitution.
EXAMPLE: T made X his heir so that X

would enjoy the property as long as X
lived, but after his death, the same should
go to Y. No fideicommisary substitution.
164
THIRD REQUISITE
SECOND HEIR
ownership is consolidated to
him upon its transmission.
the second heir inherits not from
the first heir but from the testator.
must be capacitated to
succeed not the first heir but
the testator.
165
FOURTH REQUISITE
ONE DEGREE APART
The first and second heirs must

be one degree apart.
QUESTION:
What is one degree apart in

fideicommissary substitution?
166
ANSWER:
FIRST VIEW: One degree

apart means one transfer, one
transmission, one substitution,
the purpose being to prevent,
successive entailments regard-
less of relationship.
(View of JBL Reyes, Puno, Caguioa and Paredes Jr.)
167
SECOND VIEW: One degree
means one generation. This means
that the substitute may be the
parent or child of the first heir;
thus, no other person can be the
fideicommissary.
(View of Tolentino, Paras, Padilla)
168
FIFTH REQUISITE
BOTH HEIRS MUST BE ALIVE
FIRST HEIR PREDECEASES TESTATOR
Disposition shall be considered merely

as a simple substitution. In which case,
the second heir shall receive the
property.
169
SECOND HEIR PREDECEASES TESTATOR
First heir shall receive the property free from

encumbrances.
BOTH HEIRS PREDECEASE TESTATOR
Intestacy results, and legal heirs of the

testator shall receive the property.
170
PROBLEM:
T devised one-half of a parcel of land
to A, and the other half to B, subject
to the condition that upon Bs death,
whether before or after that of T, the
portion devised to him (B) shall be
delivered to A or his heirs should he
die before T.
Upon Ts death, B demanded

partition of the property. A refused
on the ground that B is only a
fiduciary heir (second heir).
171
ANSWER:
A fideicommissary substitution has no
effect unless it is made expressly. The
testamentary clause under consideration
is not a fideicommissary substitution.
The will establishes only a simple or

common substitution, the necessary
result of which is that B, upon the death of
T, became the owner of an undivided half
of the property. Being a co-owner, B can
demand partition of the property.
172
PROBLEM:
T died in 1990 with a will. In his will,

he devised a house and lot to his
friend, A, as first heir and to B, As
son, as second heir. B died in 1995
survived by his two children E and F.
A himself died in 2000 survived by
his two children C and D.
173
In the settlement of As estate, E and F
filed a motion to exclude the house
and lot originating from T on the
ground that they are the exclusive
owners of the property.
C and D opposed the motion on the
ground that B, the second heir,
predeceased T, and that therefore, the
fideicommissary substitution did not
produce any effect as far as B, the
second heir, is concerned.
Should the opposition be sustained?
174
T died 1990.
(1st heir)
A + 2000
(2nd heir)
+ 1995 B C D
E F
HOUSE AND LOT
175
ANSWER:
No. B, the second heir, acquires a right

to the succession from the time of the
testators death, even though he, B,
should die before the fiduciary, A.
B inherited from T as second heir when
the latter died in 1990. When B died in
1995, he was able to transmit his right
to his own heirs, E and F.
When A (first heir) died in 2000, the
right of E and F over the property
became absolute.
176
TESTAMENTARY
CONDITIONS AND DISPOSITIONS
177
QUESTION:
Under the law, the testator has no
right to impose any condition upon
the legitime, and that should he do
so, the same shall be considered
as not imposed.
Is this rule absolute?
178
ANSWER:
The rule is not absolute.
Testator can validly prohibit the

partition of the legitime for a period
not exceeding 20 years.
This is the only prohibition or

condition that can affect or burden
the legitime. (Arts. 494, 1083, CC)
179
PROBLEM:
A, a bachelor, named his brother, B, as
heir if their sister, C, dies after ten years
following As death. B died two years
after As death, while C died one year
later. As estate is claimed by D and E,
Bs legitimate children, and by F, G and
H, Cs legitimate children.
If As estate is valued at 150,000, how
shall the distribution be made?
180
If C dies after 10 years
following As death.
A B C
150,000
D E F G H
181
ANSWER:
In a conditional institution, such as
what is involved in the problem, the
instituted heir (B) must survive not only
the testator but also the fulfilment of
the condition in the will. (Art. 1034, CC)
Since B did not survive the condition,
his institution is inoperative. Intestacy
results. As estate must therefore be
distributed to all nephews and nieces in
equal shares at 30,000 each.
182
IMPOSSIBLE AND
ILLEGAL CONDITIONS
EFFECT: Impossible or illegal
conditions are deemed not
imposed. (Art. 873, CC)
NOTE: The rule is different in

conditional obligations: The
condition and the obligation are
void. (Art. 1183, CC)
183
ABSOLUTE PROHIBITION TO
CONTRACT A FIRST MARRIAGE
Condition is void.
Considered as not imposed.
Contrary to public policy.

ABSOLUTE PROHIBITION TO
CONTRACT A RE-MARRIAGE 185
Condition is void for being contrary

to public policy.
EXCEPTION: The condition is valid
when imposed:
on the widow by the deceased
spouse.
on the widow by the ascendants or
descendants of the deceased spouse.
RELATIVE PROHIBITION
TO CONTRACT MARRIAGE 186
Condition is perfectly valid.
EXAMPLE:
Not to marry a particular person.

Not to marry for a particular time.
No to marry for a number of years.
PROBLEM:
H instituted his wife as sole heir (no

other compulsory heirs existed) on
condition that when she becomes a
widow, she must never remarry. Two
years after H died, the widow
remarried.
Is she entitled to the inheritance?
187
ANSWER:
The condition is valid insofar as the

free portion is concerned, since the
absolute prohibition to remarry was
imposed by the deceased spouse.
The condition is void insofar as the
legitime is concerned for no
condition can be imposed on the
legitime. (see Art. 874, CC)
188
PROBLEM:
T institutes his friend, F, as heir

on condition that he should not
enter any gambling casino here or
abroad for one whole year after
Ts death.
Is F entitled to receive the

inheritance upon Ts death?
189
ANSWER:
Yes, but he must give a security to
guarantee he would not enter any
gambling casino for one whole year
upon Ts death.
The security is called caucion
muciana.
If he enters any casino during the
prohibited period, he should return
whatever he may have received,
together with its fruits and interest.
(Art. 879, CC)
190
WHAT IS MODAL INSTITUTION?
Modal institution occurs when any or

all of the following are stated:
The object of the institution.
The application of the property left

by the testator.
The charge imposed by the testator.
191
DISTINGUISH BETWEEN MODAL
AND CONDITIONAL INSTITUTION
MODAL INSTITUTION The inheritance is

immediately demandable, provided that
security is given. (Art. 882, CC)
INSTITUTION WITH A SUSPENSIVE

CONDITION Even if the heir wants to give
security, he will not be allowed to do so, and
will not be allowed to get the property in the
meantime; instead, the property will be
placed under administration. (Art. 880, CC)
192
When the condition, however, is
RESOLUTORY or is NEGATIVE, the
property can be taken upon the
giving of a security. (Art. 879, CC)
From this point of view, there is

hardly any difference between modal
and conditional institution.
193
PROBLEM:
T institutes his friend, F, as heir on
condition that A marries B.
Modal or conditional?
ANSWER:
This is a suspensive condition; the
inheritance is not demandable until
fulfilment of the condition.
194
PROBLEM:
T institutes his friend, F, as heir on
condition that A does not smoke
for a period of one year.
Conditional or modal?
ANSWER:
This is a negative condition;
inheritance is demandable right
away, provided security is given.
195
PROBLEM:
Ts will contains the following
testamentary provision: I institute A
as heir. He will use the money for the
establishment of a medical school.
Modal or conditional?
ANSWER:
This is a modal institution;
inheritance is demandable right away,
provided security is given.
196
INSTITUTION OF HEIRS
An act by virtue of which the

testator designates or names in his
will the person or persons who are
to succeed him in his property and
transmissible rights and obligations.
(Art. 840, CC)
WHAT ARE THE LIMITATIONS ON
THE RIGHT OF A PERSON
TO INSTITUTE HEIRS?
One who has no compulsory heirs may

dispose by will 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 the law with
regard to the legitime of said heirs.
198
IMPORTANT PRINCIPLES
INSTITUTION OF HEIRS
PRINCIPLE OF EQUALITY
Heirs instituted without designation

of shares shall inherit in equal
parts. (Art. 846, CC)
199
PRINCIPLE OF INDIVIDUALITY
GENERAL RULE:
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.
EXCEPTION:
Unless it clearly appears that the
intention of the testator was otherwise.
(Art. 847, CC)
200
PRINCIPLE OF SIMULTANEITY
When the testator calls to the

succession a person and his
children, they are all deemed to have
been instituted simultaneously and
not successively. (Art. 849, CC)
201
PROBLEM:
In Ts will, he instituted his

legitimate children, A and B, the
children of his deceased son, C,
and a friend, M, as heirs without
designation of their shares. Cs
children are D, E and F.
Estate is 180,000. How shall the

distribution be made?
202
T 180,000
A B C+ M
Instituted Instituted Instituted
D E F
Instituted Instituted Instituted
203
ANSWER:
Apply Arts. 846 and 847, Civil Code.
ART. 846: Heirs instituted without designation

of shares shall inherit in equal parts.
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.
204
STEP 1
Satisfy the legitimes of A, B, D, E and F.
Estate is 180,000: Legitime portion is

one-half, or 90,000.
As to the legitimes, A and B will inherit

in their own right; while D, E, and F will
inherit by right of representation
205
DISTRIBUTION OF THE LEGITIME
A = 30,000 (own right)

B = 30,000 (own right)
D = 10,000 (right of rep.)
E = 10,000 (right of rep.)
F = 10,000 (right of rep.)
90,000
206
STEP 2
The free portion of 90,000 shall

be divided equally among the
instituted heirs, A, B, D, E, F and
M, in accordance with Arts. 846
and 847.
207
DISTRIBUTION OF THE FREE PORTION
A = 15,000
B = 15,000
D = 15,000
E = 15,000
F = 15,000
M = 15,000
90,000
208
THEREFORE:
A = 30,000 as compulsory heir
15,000 as voluntary heir
B = 30,000 as compulsory heir
D = 10,000 by right of rep.
E = same as D
F = same as D
M = 15,000 as voluntary heir
209
QUESTION:
Explain the first paragraph of Art.

856 of the Civil Code regarding the
predecease of a voluntary heir.
210
ANSWER:
A voluntary heir who dies before the

testator transmits nothing to his heirs.
REASON:
A voluntary heir cannot be represented.
211
SECOND PARAGRAPH OF ART. 856, CC
A COMPULSORY HEIR who:
1. dies before the testator
2. is incapacitated to succeed
3. renounces the inheritance
shall transmit no right to his own heirs,

except in the cases expressly provided
in the Civil Code.
212
QUESTION:
May the right to revoke a will be

waived?
213
ANSWER:
No. Until the death of the testator, a

will is ambulatory and revocable.
The heirs do not acquire a vested

right to the disposition in a will till
after the testators death.
214
REVOCATION OF WILLS
1. by implication of law
2. by some will, codicil or other writing
3. by an overt act
215
REVOCATION BY AN OVERT ACT
BURNING
Sufficient revocation even if small
part of the will is burned even
though the entire writing itself is left
untouched.
216
PROBLEM:
Testator placed his will on a stove so

that it would be burned later when a
fire would be lighted in the stove.
The will was later removed by

another person from the stove before
the stove was lighted.
Is the will deemed revoked?
217
ANSWER:
No. While there was intent to revoke,

there was no overt act of burning.
218
NOTE:
If the person who retrieved the will

was an heir or legatee or devisee,
he will not inherit because he is
incapacitated by reason of
unworthiness under Art. 1032, CC.
219
OVERT ACT OF TEARING
Even a slight tear is sufficient.

What matters is the intent to revoke.
220
PROBLEM:
What about if the testator

crumpled his will?
221
ANSWER:
No revocation.
It is not one of the modes recognized
by law.
NOTE: Tearing of signature is
sufficient revocation because the
signature goes to the very heart of the
will.
222
QUESTION:
What is revocation by the execution

of another will or codicil?
223
ANSWER:
Revocation may be express or implied.

Implied revocation consists in
complete inconsistency between two
wills.
A notarial will may be revoked by a
holographic will, vice-versa.
The revoking will must be valid.

224
PROBLEM:
A, with no known living relatives,
executed a notarial will giving all his
estate to his girlfriend, B. One day, he
had a serious altercation with B. A
few days later, he was introduced to a
charming lady, C, who later became a
dear friend. Soon after, he executed a
holographic will expressly revoking
the notarial will and designating his
new friend, C, as sole heir.
225
One day when A was clearing up his
desk, he mistakenly burned, along with
other papers, the only copy of his
holographic will.
His business associate, D, knew well the
contents of the will which was shown to
him by A the day it was executed. A few
days after the burning incident, A died.
Both wills were sought to be probated in
two separate petitions.
Which of the two petitions will prosper?
226
ANSWER:
The probate of the notarial will will
prosper. The holographic will cannot
be admitted to probate because a
holographic will can only be probated
upon evidence of the will itself, unless
there is a photocopy. But since the
holographic will was lost and there
was no other copy, it cannot be
probated and therefore the notarial will
will be admitted to probate because
there is no revoking will.
227
Section 6, Rule 76 of the Rules of Court
provides that no will shall be proved as a
lost or destroyed will unless its provisions
are clearly and distinctly proved by at least
two credible witnesses.
If the foregoing two-witness rule to prove a

lost or destroyed will is to be strictly
applied in the instant case, the holographic
will which A mistakenly burned cannot be
probated since there is only one witness, D,
who can be called to testify as to the
execution and existence of the will.
228
PROBLEM:
T, a bachelor of 60, executed a will
bequeathing a ricefield worth 100,000 to
his friend, F. The will further provided
that all other assets owned by me after
death shall be equally divided between
my two brothers, A and B.
T subsequently married a young
woman, begot a son, and left another
will designating his wife and son as his
heirs in equal shares. The second will
did not expressly revoke the first will.
He left an estate worth 300,000
(including the ricecefield).
Who is entitled to the ricefield? Who
acquires the rest of Ts assets?
229
ANSWER:
It must be observed that T left two wills.
In his first will, T bequeathed the ricefield
to his friend, F, and instituted as heirs in
equal shares his two brothers, A and B,
with respect to the rest of the estate. In his
second will, T instituted his wife and son as
heirs in equal shares.
Under our law on revocation of wills, a will
may be revoked by another will. The
revocation may be effected either expressly
or impliedly. Since there is no express
revocation, is there an implied revocation in
the instant case?
230
It is undeniable that there is an implied
revocation if the testamentary
dispositions found in the first will are
totally or partially incompatible with those
found in the second will. It is also
undeniable that the incompatibility must
be absolute in character in the sense that
the testamentary dispositions cannot
stand together. The real issue, therefore,
is whether the two testamentary
dispositions found in the first will can
stand together with the testamentary
disposition in the second will.
231
FIRST VIEW
According to the first view, reading the

two wills together it is clear that the
testatorial intention is that only the
testators wife and son shall inherit.
They are instituted as universal heirs
with respect to the hereditary estate in
its totality. Therefore, the second will in
its totality cannot stand together with the
first will in its totality. Consequently, the
incompatibility between the two wills is
total and absolute in character. Hence,
the first will is impliedly revoked by the
second will.
232
The testators widow and son are,
therefore, entitled to the entire estate,
including the ricefield.
ESTATE 300,000
SON 150,000 (plus 50,000)

WIDOW 75,000 (plus 25,000)
FP 75,000
233
SECOND VIEW
According to the second view, only

the institution of A and B in the first
will as heirs and that portion or part
of the bequest given to F which will
impair the legitime of Ts son and
widow are revoked by the second
will. The reason is that it is only to
that extent that there is absolute
incompatibility between the two wills.
234
Consequently, F is entitled to the ricefield
but only to the extent that it does not
encroach upon the legitime of Ts son and
widow.
ESTATE 300,000
SON 150,000
WIDOW 75,000
FP 75,000
Considering that the value of the ricefield

is 100,000, the bequest is inofficious to the
extent of 25,000; it shall be reduced to that
extent.
235
DOCTRINE OF DEPENDENT
RELATIVE REVOCATION
If the testator revokes his will with the

present intention of making a new one and
the new will is not made, or if made, fails to
take effect for any reason whatsoever, it will
be presumed that the testator prefers the old
will to intestacy.
The old will can still be admitted to probate.
236
Stated otherwise, the revocation is
subject to a SUSPENSIVE CONDITION:
That the testator will make a new will

and that such will shall take effect.
If such condition is not fulfilled, then

there is no revocation.
237
PROBATE OF WILLS
Probate of wills is a special

proceeding to establish the validity
of a will.
Probate is in the nature of a

proceeding in rem. (Art. 838, CC)
A testator cannot deprive courts of

their jurisdiction.
FORMULA IN THE COMPUTATION
OF NET HEREDITARY ESTATE
Gross Estate
- Debts/Charges
+ Collationable Donations
= Net Hereditary Estate
PROBLEM:
T died leaving an estate worth
100,000 and debts amounting to
30,000.
During his lifetime, T had given a
donation of P50,000 to A, his
legitimate son. When T died, two
legitimate sons, A and B, survived
him.
How much is the legitime of A and B?
240
T 100,000 (debts: 30,000)
A B
DONATION
50,000
241
COMPUTATION:
Gross Estate 100,000

Debts - 30,000
70,000
Collate +50,000
120,000 (NHE)
242
ANSWER:
Since the net hereditary estate is
120,000, the legitime of the legitimate
children is 60,000.
Since there are two children, each will
receive 30,000 as his legitime.
The legitime of A is only 30,000. The
50,000 donation to him should first be
charged to the legitime.
243
The excess of 20,000 (50,000 minus
30,000) should be taken from the free
portion which is 60,000.
The net free portion of 40,000 (60,000

minus 20,000) goes to the instituted
heirs.
Out of the actual net assets of 70,000

(because the debts have been paid), B
gets 30,000; A gets 0; free portion of
40,000 equals 70,000.
244
QUESTION:
Should donations inter vivos to
children be collated?
YES.
Should donations inter vivos to

strangers be collated?
YES.
245
EXPLANATIONS:
Donations to strangers are
collationable because they are
considered as advances on the free
disposal, just as donations inter
vivos to children are considered as
advances on their legitimes.
Besides, how can the free portion
be determined or computed unless
the value of said donations be
added to the actual estate?
246
Paragraph 2 of Article 909 of the Civil
Code is clear:
Donations to strangers are also taken

into account in determining the
legitime of which the testator could
have disposed by his last will.
247
PROBLEM:
A gave B, his legitimate child, a

donation inter vivos of 50,000 and to
C, a friend, a donation inter vivos of
100,000. When A died, his remaining
estate was worth only 100,000.
If A was survived by his only child,

B, should the donation to C be
reduced?
248
SOLUTION:
100,000 (actual estate)
50,000 (donation to B)
100,000 (donation to C)
250,000 (NHE)
LEGITIME = 125,000
FREE PORTION = 125,000
The donation to C (100,000) does not
exceed the free portion of 125,000.
Hence, there is no need to reduce it.
249
LEGITIME
That part of the testators

property which he cannot
dispose of because the law
has reserved it for certain
heirs who are, therefore, called
compulsory heirs. (Art. 886, CC)
250
PURPOSE OF LEGITIME
LEGITIME is to protect the children

and the surviving spouse from the
unjustified anger or thoughtlessness
of the other spouse.
If there are no compulsory heirs,
there can be no legitime.
251
COMPULSORY HEIRS
In determining who are compulsory

heirs, it is important to know
whether the testator is -
LEGITIMATE
ILLEGITIMATE
252
LEGITIMATE TESTATOR
1. Legitimate children and their

legitimate descendants.
2. Legitime parents and their legitimate
ascendants.
3. Surviving spouse.
4. Illegitimate children and their
descendants, whether legitimate or
illegitimate.
ILLEGITIMATE TESTATOR
254

legitimate descendants
2. Illegitimate parents (NO OTHER
ASCENDANTS)
3. Surviving spouse
illegitimate
CLASSES OF COMPULSORY HEIRS
PRIMARY COMPULSORY HEIRS

They get their legitime even in the
presence of other primary compulsory
heirs and even in the presence of
secondary compulsory heirs.
They are those mentioned in Nos. 1, 3, 4.
255
SECONDARY COMPULSORY HEIRS
Parents, legitimate or illegitimate, are

secondary compulsory heirs.
IF TESTATOR IS LEGITIMATE, parents are

excluded by No. 1 only.
IF TESTATOR IS ILLEGITIMATE, parents are

are excluded by Nos. 1 and 4.
256
PROBLEM:
T is the testator; F and M are his
parents; A is Ts legitimate child; B
and C are Ts illegitimate children; S
is Ts surviving spouse; and W is the
wife of A.
Who are entitled to inherit from T?
257
F M
T S
W A B C
258
ANSWER:
A, B, C and S are all entitled to their
legitimes even if all of them are
present.
F and M are entitled to their
legitimes only in default of a
legitimate child such as A.
If only F and A are present, A is
entitled to his legitime, but not F.
W, As wife is not a compulsory heir
of T but is a compulsory heir of A.
259
TABLE OF LEGITIMES
260
LEGITIMATE CHILDREN
1/2 of the estate, in equal portions,
whether they survive alone or with
concurring compulsory heirs.
LEGITIMATE PARENTS ALONE

1/2 of the estate, whether they survive
alone or with other compulsory heirs.
261
SURVIVING SPOUSE ALONE
1/2 of the estate.
1/3 if marriage is in articulo mortis
and deceased spouse dies within
three months after marriage.
1/2 if despite marriage in articulo
mortis, deceased and surviving
spouse have been living as husband
and wife for more than five years (Art.
900, CC)
262
ILLEGITIMATE CHILDREN ALONE
1/2 of the estate, to be divided equally
among themselves.
ILLEGITIMATE PARENTS ALONE

1/2 of the estate.
263
ONE LEGITIMATE CHILD
SURVIVING SPOUSE
Legitimate child, 1/2 of the estate.

Surviving spouse,1/4 of the estate.
264
LEGITIMATE CHILDREN
SURVIVING SPOUSE
Legitimate children, 1/2 of the estate.

Surviving spouse, same as one LC.
265
LEGITIMATE CHILDREN
ILLEGITIMATE CHILDREN

Illegitimate children, 1/2 of one LC.
266
ONE LEGITIMATE CHILD
SURVIVING SPOUSE
Legitimate child, 1/2 of the estate.

Surviving spouse, 1/4 of the estate.
267
LEGITIMATE CHILDREN
SURVIVING SPOUSE

Surviving spouse, share of one LC.
268
LEGITIMATE PARENTS
Legitimate parents, 1/2 of the estate.

Illegitimate children, 1/4 of the estate.
269
LEGITIMATE PARENTS
SURVIVING SPOUSE

270
LEGITIMATE PARENTS
SURVIVING SPOUSE

271
SURVIVING SPOUSE

272
ILLEGITIMATE PARENTS
CHILDREN OF ANY CLASS
Illegitimate parents are excluded.
273
ILLEGITIMATE PARENTS
SURVIVING SPOUSE
Illegitimate parents, 1/4of the estate.

274
PROBLEM:
T dies leaving an estate of 100,000.

The surviving relatives are: A, a
legitimate child, and W, the wife.
What are the corresponding
legitimes?
275
100,000 T W
276
ANSWER:
A 50,000
W 25,000
FP 25,000
277
PROBLEM
T died with four legitimate

children, A, B, C and D and a
surviving spouse, W. T left an
estate valued at 100,000.
How much is the legitime of each

of the heirs?
278
100,000 T W
A B C D
279
ANSWER
A 12,500
B 12,500
C 12,500
D 12,500
W 12,500
FP 37,500
TOTAL 100,000
280
PROBLEM
T is survived by his legitimate

children, A and B, and his
illegitimate children, C and D. The
net value of his estate is 200,000.
What is the legitime of each of the

survivors?
281
200,000 T
A B C D
282
ANSWER
A 50,000
B 50,000
C 25,000
D 25,000
FP 50,000
TOTAL 200,000
283
PROBLEM
All the facts in the previous problem

are the same, except that T had left
four (instead of two) illegitimate
children, C, D, E, and F.
What is the legitime of each of the

survivors?
284
200,000 T
A B C D E F
285
ANSWER
A 50,000
B 50,000
C 25,000
D 25,000
E 25,000
F 25,000
FP 0_____
TOTAL 200,000
286
PROBLEM
T is survived by his wife, W, his
legitimate child, A, and his
illegitimate child, B. Net value of
the estate is 100,000. What is the
legitime of each survivor?
287
100,000 T W
A B
288
ANSWER
A 50,000
W 25,000
B 25,000
FP 0
289
PROBLEM
Suppose T died with two

illegitimate children, B and C
(instead of only one illegitimate
child, B), what is the legitime of the
survivors?
290
100,000 T W
A B C
291
ANSWER
A 50,000
W 25,000
B 12,500
C 12,500
FP 0
292
PROBLEM:
T has three legitimate children; A, B,
and C; a wife, W; a father, F; and two
illegitimate children, D and E. A is a
special child, and T wants to leave
to him as much of his estate as he can
legally do under the law.
State the aliquot parts of the estate

that T can leave all the foregoing
relatives. Assume a net estate of
120,000 and that all the above-named
relatives survived T.
293
F
120,000 T W
A B C D E
294
ANSWER
F 0
A 20,000
B 20,000
C 20,000
W 20,000
D 10,000
E 10,000
FP 20,000
TOTAL 120,000
295
DIVISION IN THE
ASCENDING LINE
A and B are the paternal

grandparents, while F is the father;
C and D are the maternal
grandparents while M is the
mother. T is the testator, leaving a
hereditary estate of 100,000.
296
A B C D
F M
T
100,000
297
EXPLANATION:
If all (except T) survive, the

grandparents get nothing. 50,000
is the legitime of F and M
together, so each gets 25,000.
The remaining 25,000 is the free
portion.
298
If M predeceased T, F gets 50,000
as legitime. The remaining 50,000
is the free portion. C and D cannot
represent M, because there is no
right of representation in the
ascending line.
The rule of proximity also applies.
299
If F and M predeceased T, and the
others are still alive, the paternal
line gets half of the legitime and the
maternal line gets the other half.
The paternal line gets 25,000 and
this should be divided equally
between A and B.
What has been said of the paternal

line is also true of the maternal line.
300
PROBLEM:

parents, F and M, and his wife, W.
The net value of the estate is
100,000. What is the legitime of the
survivors?
301
F M
T W
100,000
302
ANSWER
F 25,000
M 25,000
W 25,000
FP 25,000
303
QUESTION

parents, F and M, and his
illegitimate children, A and B. The
net value of the estate is 100,000.
What is the legitime of the
survivors?
304
F M
100,000 T
A B
305
ANSWER
F 25,000
M 25,000
A 12,500
B 12,500
FP 25,000
306
PROBLEM:

parents, F and M, his wife, W, and
his illegitimate children, A and B.
survivors?
307
F M
72,000 T W
A B
308
ANSWER
F 18,000
M 18,000
W 9,000
A 9,000
B 9,000
FP 9,000
309
PROBLEM
T is survived by his wife, W, and

his illegitimate children, A and B.
survivors?
310
90,000 T W
A B
311
ANSWER
W 30,000
A 15,000
B 15,000
FP 30,000
312
PROBLEM
T, an illegitimate person, is
survived by his parents by nature, F
and M, and his widow, W. The net
estate is 100,000. What is the
legitime of the survivors?
313
F M
100,000 T W
Illegitimate
314
ANSWER
F 12,500
M 12,500
W 25,000
FP 50,000
315
PROBLEM
T, an illegitimate person, is
survived by his parents by nature,
F and M, and his illegitimate
children, A and B. The net estate is
survivors?
316
F M
100,000 T Illegitimate
A B
317
ANSWER
F 0
M 0
A 25,000
B 25,000
FP 50,000
318
RESERVA TRONCAL
A system of reservation of property by
virtue of which an ascendant inherits from
his descendant property, which property the
descendant in turn had acquired by
gratuitous title from another ascendant, or
brother or sister.
ascendant is obliged to reserve such
property for the benefit of relatives who are
within the third degree and who belong to
the line from which said property came (Art.
891, CC)
RESERVA TRONCAL is an
extraordinary reservation of property
because it constitutes an exception
both to the system of legitime and
the order of intestate succession.
320
QUESTION
Why is reserva troncal regarded

as an extraordinary reservation
of property?
321
ANSWER
Instead of the property passing to the

compulsory heirs of the ascendant-
reservista, it passes automatically and
by operation of law to the relatives of
the descendant-propositus who are
within the third degree and who
belong to the line from whence it
came.
322
PERSONAL ELEMENTS OF
RESERVA TRONCAL
ORIGIN: The ascendant, brother or sister

from whom the descendant-propositus
has acquired the property by gratuitous
title.
PROPOSITUS: The descendant from whom

the ascendant (reservista) in turn had
acquired the property by operation of law.
323
RESERVISTA: The ascendant of the
propositus who is obliged to reserve the
property.
RESERVATARIOS: The relatives of the

propositus who are within the third
degree and who belong to the line from
which the property came and for whose
benefit the reservation is constituted.
324
RESERVATARIOS
ORIGIN RESERVISTA
GRATUITOUS OPERATION
TITLE OF LAW
PROPOSITUS
325
ELEMENTS OF RESERVA TRONCAL
FIRST: The property is inherited by

operation of law (legal succession or
legitime) by an ascendant from his
descendant upon the death of the latter.
SECOND: The property had been previously

acquired by gratuitous title (such as
donation inter vivos, remission, succession)
by the descendant from another ascendant
or from a brother or sister.
326
THIRD: The descendant has died without
any legitimate issue in the direct
descending line who could inherit from
him.
FOURTH: There are relatives of the

descendant-propositus who are within the
third degree and who belong to the line
from which the property came. (This is a
condition subsequent. If there be no such
relatives, no reserva troncal.
327
EXAMPLE:
F and M are the parents of C.

F died leaving a will, one provision of
which gave a parcel of land to C.
One year later, C died without any
descendant, and without any will. The
mother, M, then inherited the land.
328
The land is subject to reserva troncal.
M owns it only till she dies, and at

her death, it should not go to
anybody whom she desires, but is
reserved by law in favor of the
relatives of F, the line from which
the property came.
Fs relatives must be within the

third degree, to be counted from C.
329
FIRST ELEMENT: ORIGIN
must be an ascendant or brother or

sister.
must be a legitimate relative because
reserva troncal exists only in the
legitimate family.
The transmission from the origin to
the propositus must be by gratuitous
title.
330
SECOND ELEMENT PROPOSITUS
must be a legitimate descendant (or

legitimate half-sibling) of the origin.
the propositus is the descendant (brother

or sister) whose death gives rise to the
reserva, and from whom the third degree
is counted.
While the propositus is still alive, there is

no reserva yet, therefore, he is the
absolute owner of the property with full
power to alienate or encumber.
331
THIRD ELEMENT: RESERVISTA
The ascendant who inherits from the

propositus by operation of law. It is he
who has the obligation to reserve.
No reserva if he inherits it as free

portion by virtue of a will.
He is the full owner of the property,

subject to a resolutory condition.
332
If at reservistas death, there should
still exist relatives within the third
degree of the propositus, and
belonging to the line from which the
property came, his ownership is
terminated.
the property is not part any more of
his estate. Instead, ownership is
transferred to the third degree
relatives of the propositus.
333
QUESTION
Can the reservista sell, mortgage,
dispose or otherwise encumber the
property?
334
ANSWER
Yes, but subject to the reserva.

The reservatarios can get the real
property from the transferee as soon
as ownership is transferred to such
reservatarios, without prejudice to
our Land Registration Laws.
335
FOURTH ELEMENT: RESERVATARIOS
Relatives within the 3rd degree (from

the propositus) who will become the
full owners of the property the
moment the reservista dies.
They inherit the property from the
propositus
Must be a legitimate relative of the
origin and the propositus.
336
PROBLEM:
H died leaving an estate of 100,000. His
widow, W, gave birth to a child four
months after Hs death, but the child
died five hours after birth. Two days
after the childs death, W also died
because she had suffered from difficult
childbirth. The estate of H is now being
claimed by his parents, A and B, and by
C and D, the parents of W. Who is
entitled to Hs estate of 100,000?
337
A B C D
+ H W +
100,000
CHILD +
5 hrs. after birth
338
ANSWER:
If the child had an intra-uterine life of
not less than seven months, it inherited
from the father. Consequently, the
estate of 100,000 shall be divided
equally between the child and his
mother as legal heirs. Upon the death
of the child, its share of 50,000 goes by
operation of law to the mother, W,
which is subject to reserva troncal.
339
A B C D
100,000
H W
50,000
50,000
operation
CHILD operation
of law
of law
340
Under Article 891 of the Civil Code,
the reserva is in favor of relatives
belonging to the paternal line and
who are within three degrees from
the child. The parents of H (A and B)
are entitled to the reserved portion
which is 50,000 as they are two
degrees related from the child. The
50,000 inherited by W from H will go
to her parents, C and D, as her legal
heirs.
341
However, if the child had an intra-
uterine life of less than seven
months, half of the estate of H, or
50,000, will be inherited by W, the
widow, while the other half, or 50,000,
will be inherited by the parents of H.
Upon the death of W, her estate of
50,000 will be inherited by her own
parents, C and D.
342
PROBLEM:
Before his death in 1990, A donated to
his grandson, F, a child of his
predeceased son D, a house and lot
worth 600,000.
In 1995, F died with a will instituting his

mother, E, as his sole heir. His estate
consisted entirely of the house and lot
which he had received from A.
In 1998, E also died but without a will.

343
The house and lot is now claimed by:
(a) B, widow of A and grandmother of F
(b) C, son of A and B and uncle of F

(c) G, sister and only living relative of E
To whom shall the property be adjudicated?
344
A B
C D E G
DONATION
F WILL
345
ANSWER:
Half to C; other half to G.

F, the propositus, died with a will
instituting his mother, E, as sole heir.
Consequently, only one-half of the
property passed to her by operation
of law since that is her legitime. Only
this portion of the property has
become reservable.
346
B is not entitled to the reservable
portion of the property.
Although a relative of the propositus in
the second degree, B is merely related
by affinity to the ascendant (A) from
whom the property came. She does
not, therefore, belong to the line from
which the property came.
A reservatario must not only be related
by consanguinity to the propositus
within the third degree, but he must
also be related by consanguinity to the
ascendant from whom the property
came.
347
C is entitled to the reservable portion of
the property since he is not only a third
degree relative by consanguinity of the
propositus, but he also belongs to the
line from which the property came.
G, on the other hand, is entitled to the

part of the property which is not
reservable in accordance with the
ordinary rules of intestate succession.
348
PROBLEM:
D, only daughter of B, married E,

only son of A, in 1981.
A son, X, was born to the couple in
1982. E died in a vehicular accident
in 1984.
In 1986, D married F, only son of C.
A son, Y, was born to the couple in
1988. D also died in a vehicular
accident in 1992.
349
In 1995, X, who was very sickly,
donated to his half-brother, Y, a
parcel of land. X died the following
year.
In 1998 Y also died. He died

intestate and without any surviving
issue. The land which he had
acquired from X was inherited by
his father, F, who was his only legal
heir.
F died intestate in 2002, survived
only by his father, C.
350
The land which had originated
from X is now being claimed by A
and B on the ground that it is
reservable. C claims that the
property belongs to him and him
alone as his inheritance from his
son, F.
Who among the grandfathers is
entitled to the property?
351
A B C
+ + +
E D F
+ +
X DONATION
Y INTESTATE
352
ANSWER:
B alone is entitled to the property.
The property is reservable.
FIRST, the property had been acquired

by operation of law by an ascendant (F)
from his descendant (Y) upon the death
of the latter.
SECOND, the property had been

previously acquired by gratuitous title by
the descendant (Y) from a brother (X).
353
THIRD, descendant (Y) died without any
legitimate issue who can inherit from him.
In order to determine who can qualify as a
reservatario, two tests should be applied:
First, is the claimant a relative of the

descendant-propositus within the third
degree?
Second, does he belong to the line from
which the reservable property came?
Applying the tests, it is clear that:
A cannot qualify because he is not even a
relative of the descendant-propositus, Y.
354
A B C
+ + +
E D F
+ +
X DONATION
Y INTESTATE
355
Neither can C qualify
because he does not
belong to the line from
which the property came.
He is not related by
consanguinity to X.
356
A B C
+ + +
E D F
+ +
X DONATION
Y INTESTATE
357
Only B can qualify. He is not only a
relative of Y within the third degree;
he also belongs to the line from
which the reservable property came.
358
A B C
+ + +
E D F
+ +
X DONATION
Y INTESTATE
359
THIRD DEGREE RELATIVES
OF PROPOSITUS
Parents of the propositus (1st degree)
Grandparents, full and half-brothers,

full and half-sisters of the propositus
(2nd degree)
Uncles and aunts by blood; great

grandparents; nephews and nieces of
the propositus (3rd degree)
360
QUESTION
Suppose there are several persons

who can qualify as reservatarios, to
whom shall the reservable property
be adjudicated?
361
ANSWER
The rules of intestate succession shall
apply.
Art. 891 of the Civil Code merely

determines the group of relatives to
whom the reservable property should
be returned.
It is silent with regard to the individual

right of such relatives to the property.
362
If some claimants are in the direct
ascending line and others are in the
collateral line, the principle of
preference between lines shall apply.
Relatives of the propositus in the
direct ascending line shall exclude
his relatives in the collateral line.
If the claimants are grandparents and

brothers or sisters of the propositus,
the grandparents are preferred.
363
If all the claimants belong to the
same line, the principle of proximity
shall apply.
In other words, relatives of the

propositus nearest in degree shall
exclude the more remote ones.
Thus, between brothers or sisters

and uncles or aunts brothers and
sisters are preferred.
364
If some of the claimants are
brothers and sisters of the
propositus and others are
nephews and nieces, the principle
of representation shall apply.
365
If all the claimants are brothers and
sisters of the propositus and some
of them are of the full-blood and
others are of the half-blood, the
principle of double share for full
blood collaterals shall apply.
366
PROBLEM:
Among the properties in the estate of D,
who died intestate and without issue, were
a farm, which came from his father, B, and a
house, which he acquired from A, Bs
father. In the partition of Ds inheritance,
the house was allotted to B and the farm to
C, Ds mother. Upon the death of B and C,
who were simultaneously killed in a car
accident, the farm was claimed by A and E,
a child of B and C born after Ds death,
while the house was claimed also by A and
E and F, the latter being Cs child by a prior
marriage.
Who owns the farm and house?
367
A
E
HOUSE HOUSE
B + C +
FARM
D + A
E F
FARM
368
ANSWER:
HOUSE: This property was acquired by D
from his grandfather, A, and was transmitted
by D to B, his father. There is no reserva
troncal because there is no change of line.
Hence, E alone is entitled to inherit the house.
FARM: The farm originally came from B, the

father of D. and from D it went to his mother,
C. There is a change of line line from paternal
to maternal line. The farm is reservable
property and must be acquired by relatives
within the third degree of the propositus (D)
and belonging to the paternal line.
369
WHO IS ENTITLED TO THE FARM?
There are two theories:

In the delayed intestacy doctrine,
the preferences in the rules of
intestate succession must be
observed.
Under this theory, A alone will inherit
the farm because in intestacy, the
direct line excludes the collateral line.
Hence, A, the grandfather of P, should
exclude E, the brother of D.
370
The second theory is to the effect that
relatives in the same degree inherit in
equal shares without distinction as to
the direct or collateral line. Under this
theory, which allows no distinction as
to direct or collateral line, A and E will
inherit the farm in equal shares since
they are both second degree relatives
of D, both belonging to the paternal
line.
In any case, F does not inherit since
he is not a reservatario.
371
INTESTATE SUCCESSION
372
QUESTION
What is intestate succession?
373
ANSWER:
INTESTATE SUCCESSION is
succession prescribed by law which
takes place when the expressed will
of the decedent has not been set
down in a will.
374
BASIC PRINCIPLES OF
375
CONCURRENCE
Even if there is an order of intestate

succession, compulsory heirs are
never excluded from the inheritance.
All compulsory heirs are intestate

heirs, but not all intestate heirs are
compulsory heirs.
PROXIMITY
Relatives of the decedent nearest in

degree exclude the more remote ones,
without prejudice to the right of
representation when proper.
By virtue of representation the farther

becomes just as near.
PROBLEM:
P, deceased, is survived by A, a
legitimate half-sister on his fathers
side, and an aunt, B, his mothers
sister. He left as his only property
that which was inherited from his
mother. He died intestate.
Who shall succeed to Ps estate?
378
ANSWER:
A shall succeed to Ps estate. Both A and B
are collateral relatives of the decedent, P,
therefore, the rule of proximity is
applicable. Relatives nearest in degree
exclude the more remote ones. A is a
second degree relative of P, while C is a
third degree relative.
Besides, under the general order of

intestate succession, brothers and sisters,
whether of the full or half-blood, are always
preferred to uncles or aunts.
379
PREFERENCE OF LINES
Relatives in the direct descending

line exclude those who are in the
direct ascending and collateral lines.
Relatives in the direct ascending line

exclude those who are in the
collateral line.
RIGHT OF REPRESENTATION
There is no right of representation in the

ascending line, but there is right of
representation in the descending line
(Art. 972, par. 1, CC).
In the collateral line, the right of

representation is given only to children
of brothers and sisters. (Art. 972, par. 2, CC)
MEANING OF REPRESENTATION
Right by fiction of law.

The representative is raised to the
place and the degree of the person
represented.
Acquires the rights which the person
represented would have if he were
living or if he could have inherited. (Art.
970, CC)
382
PROPRIETY OF REPRESENTATION
PREDECEASE (testate and intestate).
INCAPACITY (testate and intestate).
DISINHERITANCE (testate only).
383
SCOPE OF REPRESENTATION
In intestate succession, the right of

representation covers all that the
person being represented would
have inherited.
In testamentary succession, the right
of representation covers only the
legitime. (Arts. 865-1035, CC)
There is no right to represent a
voluntary heir.
384
PROBLEM:
T has three legitimate children: A, B

and C. The eldest, A, has a legitimate
child, D. In Ts will, he gave each child
30,000; but A predeceased T. Divide
Ts estate of 90,000.
385
T 90,000
+ A B C
D
386
ANSWER
D gets 15,000 which is As legitime.
B and C will each get 37,5000. D is not

allowed to get the extra 15,000 because in
this respect, his father, A, was a voluntary
heir.
HAD T DIED INTESTATE, D gets 30,000
corresponding to the share of A which
represents all that A would have inherited
if he was not incapacitated.
387
GRANDCHILDREN
GRANCHILDREN ALWAYS inherit by

right of representation.
This is true whether they concur with

children of the decedent or not.
EXCEPTIONS:
Art. 43 and Art. 992, Civil Code

388
GRANCHILDREN INHERIT
IN THEIR OWN RIGHT
Whenever all the children of the

decedent repudiate the inheritance,
the grandchildren inherit in their
own right, for here representation
is not proper. (Art. 977, CC)
P 90,000
A B C
D E F G H
45,000 22,500 22,500 0 0 390
NOTE:
Whenever there is succession by
representation, the division of the
estate shall be made per stirpes.
REASON: The representative or

representatives shall not inherit more
than what the person they represent
would inherit, if he were living our
could inherit. (Art. 974, Civil Code)
391
QUESTION
What are the two ways of inheriting?
392
ANSWER
per stirpes (as a group)

per capita (per person)
by representation
ones own right.
393
TESTATE
T 90,000
+ A B C
Instituted Instituted
15,000 15,000
+ 22,500 + 22,500
D
15,000 394
INTESTATE
P 60,000
+ A B C
20,000 20,000
D
20,000
395
TESTATE
T 90,000
+ A B C
22,500 22,500
+ 22,500 + 22,500
D
0 396
INTESTATE
P 90,000
+ A B C
45,000 45,000
D
0 397
TESTATE
T 100,000
+ A B C
25,000 25,000
+18,750 + 18,750
D
12,500 398
INTESTATE
P 100,000
+ A B C
40,000 40,000
D
20,000 399
SUCCESSIONAL RIGHTS OF
NEPHEWS AND NIECES
Nephews and nieces inherit either

by right of representation or in their
own right. (Art. 975, CC)
Nephews and nieces inherit by
right of representation when they
concur with aunts and uncles
provided that representation is
proper, and that their own parents
should not have repudiated.
They inherit in their own right

whenever they do not concur with
aunts and uncles.
401
QUESTION
B and C are As brothers; X, the

legitimate child of B; Y and Z, the
legitimate children of C. Estate is
90,000. A is the decedent, If C
predeceases A, divide the estate.
402
A B C +
90,000
X Y Z
45,000 22,500 22,500
403
A B + C +
90,000
X Y Z
30,000 30,000 30,000
404
A B + C +
90,000
X Y Z
0 45,000 45,000
405
THE IRON CURTAIN RULE
lllegitimate children of legitimates

cannot represent because of the
barrier.
But illegitimates and legitimates

of illegitimates can represent.
(Arts. 902 and 992, CC)
A
+ B C +
D E F G
Art. 992 Art. 902
407
PROBLEM:
P. the illegitimate son of F and M, died
intestate, without any descendant or
ascendant. His valuable estate is being
claimed by A, the legitimate son of F
from a previous marriage, and B, the
legitimate son of M from a previous
marriage.
Who is entitled to inherit from P?
408
+ +
F M
A P + B
409
ANSWER:
Neither A nor B is entitled to inherit ab
intestato from P. Both are legitimate
relatives of Ps parents and therefore
they fall under the prohibition prescribed
by Article 992 of the Civil Code. (Manuel v.
Ferrer, 242 SCRA 477)
410
PROBLEM:
P, an illegitimate person, died intestate

survived by B, the legitimate brother of
his deceased mother A, and D, his
mothers legitimate granddaughter who
is a legitimate child of C who
predeceased A.
May B or C or both inherit from A?
411
A B
+
P C
D
412
ANSWER:
B cannot succeed because uncles
have no right to inherit from their
illegitimate nephews. D cannot
succeed either because legitimate
relatives have no right to inherit
from an illegitimate child and vice-
versa.
413
EFFECT OF REPUDIATION
A renouncer can represent, but

cannot be represented. (Arts. 976 and
977, CC)
PROBLEM
A has two children, B and C. B has

two children D and E. D has a child F.
B died in 1993 but D repudiated his

share. Later A died in 1995.
Is D entitled to represent B in the

inheritance of A?
415
A + 1995
1993 + B C
repudiated D E
F
416
INHERITANCE IN
EQUAL SHARES
EXCEPTIONS:
1. Division in the ascending line.
(Art. 987, par. 2, CC)
2. Division between relatives of the

full-blood and half-blood. (Art.
1006, CC)
3. In cases of representation.
PROBLEM
A, B and C are the children of P;
while D and E are the children of
A; F is the child of B; G is the
child of C.
418
P 120,000
A B C
D E F G
419
ANSWER
If A, B and C repudiated the

inheritance, the estate will be
divided among the 4 grandchildren,
and each will get 30,000 in his own
right.
In repudiation, there is no right of

representation. (Art. 977, CC)
420
P 120,000
A B C
D E F G
421
If only C repudiates, A and B will each
get 60,000.
D and E are excluded, because the
nearer excludes the farther. (Art. 962, CC)
G is also excluded because there is no
right of representation in case of
repudiation.
F is excluded by B. (Art. 977, CC)
422
If A, B and C all predeceased P, the 4
grandchildren will inherit by right of
representation, not in their own right.
Hence, D and E will each get 20,000;
F, 40,000; and G gets 40,000.
423
P 120,000
A B C
D E F G
424
ORDER OF INTESTATE
SUCCESSION
425
ESTATE OF A LEGITIMATE CHILD
1. Legitimate children and their legitimate

descendants. (Art. 979, CC)
2. Legitimate parents and other legitimate

ascendants. (Art. 985, CC)

illegitimate. (Arts. 988, 990, 902)
4. Surviving spouse, without prejudice
to the rights of brothers, sisters,
nephews, and nieces, should there by
any. (Art. 995, CC)
5. Collateral relatives up to the fifth

degree of consanguinity. (Art. 1010, CC)
6. State. (Art. 1011)
427
ESTATE OF AN ILLEGITIMATE CHILD

legitimate descendants. (Art. 979, CC)
2. Illegitimate children and other

illegitimate. (Arts. 988, 989, 990)
3. Illegitimate parents. (Art. 993, CC)
428
4.Surviving spouse (Art. 994, CC), without
prejudice to the rights of illegitimate
brothers and sisters and nephews
and nieces who are children of
illegitimate brothers and sisters (by
inference from Art. 992)
5.State
429
COMBINATIONS OF
SURVIVAL AND
CONCURRENCE
OF INTESTATE HEIRS
430
1. LEGITIMATE CHILDREN ALONE
Entire estate to be divided in equal
shares as there are legitimate
children. (Art. 980, CC)
2. LEGITIMATE PARENTS ALONE

Entire estate to be divided equally
between the parents. (Art. 985, CC)
3. SURVIVING SPOUSE ALONE

Entire estate. (Art. 995, CC)
431
4. ILLEGITIMATE CHILDREN ALONE
5. BSNN ALONE
6. ILLEGITIMATE PARENTS ALONE

NOTE: Illegitimate parents inherit intestate

only in default of legitimate or illegitimate
descendants of the decedent.
432
7. 5TH DEGREE RELATIVES
8. STATE
433
9. ONE LEGITIMATE CHILD
SURVIVING SPOUSE
Legitimate child, of the estate.
Surviving spouse, of the estate.

(Arts. 888 and 996, CC)
434
10. TWO OR MORE LEGITIMATE CHILDREN
SURVIVING SPOUSE
Consider the surviving spouse as a

legitimate child and then divide the
estate by the total number. (Art. 996, CC)
435
11. LEGITIMATE CHILDREN
Estate to be divided in proportion

of two shares for each legitimate
child and one share for each
illegitimate child.
The legitimes of the legitimate
children shall not be impaired.
(Arts. 983 and 985, CC)
436
12. ONE LEGITIMATE CHILD
SURVIVING SPOUSE
Legitimate child, of the estate.

(Art. 888, CC)

Illegitimate children, of the
estate. (applying by analogy Arts. 892, par.
1 and 895,CC)
437
13. TWO OR MORE LEGITIMATE CHILDREN
SURVIVING SPOUSE
Divide the estate according to the ratio of:
Two shares for each legitimate child.
Two shares for the surviving spouse.
One share each for each illegitimate child.

(Art. 999, CC)
438
14. LEGITIMATE PARENTS
Legitimate parents, of the estate.
Illegitimate children, of the estate.

(Art. 991, CC)
439
SURVIVING SPOUSE

(Art. 997, CC)
440
SURVIVING SPOUSE

(Arts. 896 and 1000, CC)
441
17. ILLEGITIMATE CHILDREN
SURVIVING SPOUSE

(Art. 998, CC)
442
18. ILLEGITIMATE PARENTS
CHILDREN OF ANY CLASS
Illegitimate parents, none (Art. 993, CC).
Legitimate or illegitimate children of

the decedent , entire estate.
443
19. ILLEGITIMATE PARENTS
SURVIVING SPOUSE
Illegitimate parents, of the estate.
444
20. SURVIVING SPOUSE
BSNN
BSNN, of the estate. (Art. 1001, CC)
445
PROBLEM:
P died without a will. He is survived

by his widow, W, and by one
legitimate son, A. The estate is
60,000. How shall the distribution
be made?
446
60,000
+ X Y
30,000
A
30,000
447
PROBLEM:
P died without a will. He is

survived by his widow, W, one
legitimate son, A, and two
illegitimate children, B and C.
The estate is 72,000. How shall
the distribution be made?
448
72,000
+ P W
18,000
A B C
36,000 9,000 9,000
449
ANSWER:
A is entitled to of 72,000, or 36,000.
W is entitled to of 72,000, or 18,000.
B and C are entitled to of 72,000, or

18,000, which shall be divided equally
between them.
450
PROBLEM:
by:
(1) A and B, his legitimate children.
(2) W, his widow; and
(3) C, D, E, his illegitimate children.
The net value of his estate is 60,000.
How shall the distribution be made?
451
60,000
+ P W
15,000
A B C D E
15,000 15,000 5,000 5,000 5,000
452
PROBLEM:

by:
(1) A and B, his legitimate children.
(3) C, his illegitimate child.
453
140,000
+ P W
A B C
454
ANSWER:
EXCLUSION THEORY
1. Satisfy the legitimes of the heirs.
2. The balance must be given to the

legitimate children because they
are first in the order of intestate
succession
455
LEGITIMES:
A 35,000
B 35,000
W 35,000
C 17,500
BALANCE 17,500
It is with respect to the balance

that there is a conflict of opinion.
456
Under the exclusion theory, the
balance of 17,500 is to be divided
equally between A and B, or 8,750
each.
A 43,750
B 43,750
W 35,000
C 17,500
TOTAL 140,000
457
CONCURRENCE THEORY
1. Satisfy the legitimes of the heirs.
2. The balance must be divided

among the heirs in the proportion
of 2:2:2:1.
458
LEGITIMES:
A 35,000
B 35,000
W 35,000
C 17,500
BALANCE 17,500
Under the concurrence theory, the

balance of 17,500 is to be divided
equally among the heirs in the
proportion of 2:2:2:1. Thus,
459
A, B and W are entitled to 2/7 each of
17,500, or 5,000 each.
C is entitled to 1/7 of 17,500, or 2,500.
A 40,000
B 40,000
W 40,000
C 20,000
TOTAL 140,000
460
EXCLUSION OR CONCURRENCE?
Art. 983, CC: Legitimate and illegitimate inherit
in the proportion of 2:1.
Art. 999, CC: Surviving spouse has the same

successional right as a legitimate child.
Under the exclusion theory, the above

proportions are discarded; the spouse would
receive a share less than that of a legitimate
child.
CONCLUSION: Concurrence theory.
461
PROBLEM:
In the previous problem, B (legitimate) and
C (illegitimate) predeceased P.
(1) B is survived by two children, D and E.

D is a legitimate child, while E is an
illegitimate child.
(2) C, on the other hand, is also survived by

two children, F and G. F is a legitimate
child, while G is an illegitimate child.
462
140,000
+ P W
A B + C +
D E F G
463
ANSWER:
D who is legitimate, can represent his
father B.
E cannot because of Art. 992 of the
Civil Code.
F and G can inherit by right of
representation. The barrier under Art.
992 does not exist.
Since F is legitimate and G is
illegitimate, the share which would have
passed to their father, C, they shall
inherit in the proportion of 2:1.
464
FINAL DISTRIBUTION:
UNDER THE EXCLUSION THEORY
A 43,750 own right

D 43,750 by representation
E none
W 35,500
F 11,666+ by representation
G 5,833+ by representation
TOTAL 140,000
465
PROBLEM:
P died without a will. He is survived by:
(1) F and M, his legitimate parents.
(3) A, B, C, and D, his illegitimate children.
The net value of his estate is 72,000. How

466
F M
18,000 18,000
72,000 P W
18,000
A B C D
4,500 4,500 4,500 4,500
467
HAD P DIED WITH A WILL:
F and M, 1/2 of the estate: 36,000,

or 18,000 each.
W, 1/8 of the estate: 9,000.
A, B, C, and D, 1/4 of the estate:

4,500 each
Free portion of 9,000.
468
PROBLEM:
P died intestate survived by: (a) M, his
mother; (b) W, his widow; (c) A and B, his
legitimate children; (d) E, his grandson,
being the legitimate son of B; (e) F, his
other grandson, being the son of C who
was a legitimate son of P, and who
predeceased P; (f) G, his grandson, being
the son of D, a legitimate son who
repudiated the inheritance from P.
Distribute Ts net estate of 120,000.
469
M
+
P W
+
A B C D
E F G
470
ANSWER:
The legal heirs are A, B, F and W.
E is excluded by B who is still alive.
F represents C who predeceased P.
G is excluded because of the repudiation of D.
M is excluded by the legitimate children of P.
The answer may be premised on two theories:
THEORY OF EXCLUSION and THEORY OF
CONCURRENCE.
471
EXCLUSION
A 20,000 (own right)
B 20,000 (own right)
F 20,000 (representation)
W 20,000
FP 40,000
TOTAL 120,000
Under the Theory of Exclusion, the Free
Portion goes to the legitimate children, A
and B, and grandson F, at 13,333.33 each;
they are entitled to the free portion to the
exclusion of the other heirs because they
are first in the order of succession.
472
CONCURRENCE
In addition to their legitimes, the heirs A, B,
F and W will be given equal shares in the
free portion of 40,000.
A 20,000 plus 10,000

B 20,000 plus 10,000
F 20,000 plus 10,000
W 20,000 plus 10,000
473
PROBLEM:
(1) W, his widow.
(2) A and B, his legitimate brothers.
(3) D and E, children of his deceased

brother C.

474
ESTATE: 240,000
120,000 40,000 40,000
W P A B C +
D E
20,000 20,000
475
PROBLEM:
(1) W, his widow.
(2) X and Y, children of a deceased legitimate

brother, A.
(3) Z, child of a deceased legitimate sister, B.

476
ESTATE: 240,000
W P A B
X Y Z
477
PROBLEM:
With her first husband A, B begot two

children, D and E. When A died, B married C
with whom she begot four legitimate
children, F, G, H and I. B and C are now both
dead. D died intestate, survived by:
(1) E, a brother of the full-blood.
(2) F, G, H and I, brothers of the half-blood.

478
ESTATE: 120,000
+ A B + C +
+ D E F G H I
40,000 20,000 20,000 20,000 20,000
479
PROBLEM:
Suppose that in the previous

problem, ALL the five brothers of D
predeceased him, and the only
survivors are the nephews, J, being
the legitimate son of E, and K and L,
being the legitimate children of H,
how shall the estate be divided?
480
ESTATE: 120,000
A B + C +
D E + F + G + H + I
+
J K L
60,000 30,000 30,000
481
ANSWER:
The rule of double share for full-blood

collateral still applies.
If there are nephews ad nieces surviving

the decedent, relationship by the whole
or half-blood becomes material in the
distribution of the estate.
NOTE: The nephews and nieces inherit
in their own right here because they do
not concur with an uncle or aunt.
482
PROBLEM:
B contracted two marriages: the first

was with A, with whom she begot two
legitimate children, D and E; and the
second was with C, with whom she
begot four legitimate children, F, G, H
and I.
D died intestate survived by:
483
(1) E, a brother of the full-blood
(2) F and G, brothers of the half-blood.
(3) J, a son of H, a deceased half-brother.
(4) L, a grandson of I, and a child of K.

484
A B C
+ D E F G H + I +
J K +
ESTATE: 120,000 L
485
ANSWER:
E 48,000 own right
F 24,000 own right
G 24,000 own right
J 24,000 representing H
L 0
TOTAL 120,000
NOTE: L is not entitled to inherit anything

because in the collateral line, inheritance
extends only to nephews and nieces.
486
PROBLEM:
X, an illegitimate person, died without a

will. He is survived by:
(1) F, his father.
(2) W, his widow.
(3) A, his brother.
(4) B and C, his brothers from his
fathers lawful marriage.
If the net value of Xs estate is 120,000.
487
ANSWER:
Only F and W are entitled to inherit, at

60,000 each.
Illegitimate parents do not exclude the

surviving spouse.
A, B, and C, brothers of X, are not entitled

to inherit because they are excluded by F
pursuant to the principle of preference of
line.
488
ACCRETION
489
ACCRETION
Same inheritance, devise or legacy.
Heir, devisee or legatee vacates share.

(repudiation, incapacity, predecease)
Vacated share Is added or incorporated to

co-heirs, co-devises, co-legatees.
490
QUESTION:
When is accretion proper?
491
TESTATE SUCCESSION
1. predecease
2. incapacity
3. repudiation
1. repudiation
2. incapacity
492
IMPORTANT
No accretion among compulsory heirs

insofar as the legitime is concerned.
Accretion, if it takes place, concerns

only the free portion. (Art, 1021, CC)
493
PROBLEM:
T instituted his legitimate children,

A and B, and a friend, F, as heirs.
Estate is 60,000.
Divide the estate.
494
T 60,000
A B F
495
ANSWER:
The institution of A, B and F concerns only
the free disposal of 30,000. A and B are first
given their respective legitimes (15,000
each). The free disposal is then divided
equally among the three instituted heirs:
A 15,000 (CH)
10,000 (VH)
B 15,000 (CH)
10,000 (VH)
F 10,000 (VH)
496
QUESTION
Suppose A predeceases T, how will

his share be divided between his
co-heirs, B and F?
497
ANSWER:
As share in the legitime goes to B in

his own right (since this is the
legitime).
As share in the free portion (10,000)

will go equally to B and F by
accretion since this is the proportion
in which they were were
instituted to the free portion.
498
If F predeceases T, his share in the free
portion will go to A and B by accretion.
It is so because they were instituted as

voluntary heirs.
499
QUESTION:
Suppose T gave one-half of his estate

to F, and gave A and B their respective
legitimes of each, to whom should
Fs share go if he predeceases T?
500
ANSWER
To A and B, not by accretion for

they were not given any part of the
free portion.
Intestacy then results, and A and B

will get Fs share as intestate heirs.
501
PROBLEM
X died intestate. He is survived by: (1) A,
B, D and E, his legitimate children; (2) F
and G, legitimate children of C
(predeceased), a legitimate son of X; (3) H
and I, legitimate children of D; and (4) J
and K, legitimate children of E.
D is incapacitated; while E repudiated the

inheritance.
The net value of the estate is 120,000, how

502
X
A B C D E
F G H I J K
503
ANSWER
There are three vacant shares.
The share which C would have inherited

if he had not predeceased X.
The share which D would have inherited

if he had the capacity to inherit from X.
The share which E would have inherited

if he had not repudiated it.
504
DISTRIBUTION OF VACANT SHARES
The share of C in the estate goes to his

legitimate children, F and G, by
representation.
The share of D in the estate goes to his

legitimate children, H and I, by
representation.
The share of E in the estate goes to his

co-heirs, A and B, by accretion. An heir
who repudiates cannot be represented.
505
FINAL DISTRIBUTION
A 24,000 own right
12,000 accretion
B 24,000 own right

12,000 accretion
F 12,000 own right
G 12,000 own right
H 12,000 own right
I 12,000 own right

506
PROBLEM:
Testator instituted A, B and C as
universal heirs to his estate valued
at 65,000.
Testator in his will gave A several
properties worth 15,000; B, 20,000;
and C, 30,000.
C predeceases the testator. How shall
507
ANSWER:
B and C will each get their inheritance.
As share of 15,000 goes to B and C by right

of accretion in the proportion of 2:1. (Art.
1019, CC)
HEIR DEVISE ACCRETION TOTAL
B 20,000 6,000 26,000
C 30,000 9,000 39,000

508
PROBLEM:
P has three legitimate brothers, X, Y and Z.
(1) X predeceases P, but he is survived by his

legitimate child, A.
(2) Y is incapacitated, but he has two legitimate

children, B and C.
(3) Z repudiates the inheritance.
How shall Ps estate of 120,000 be distributed?
509
P X + Y Z
A B C
510
ANSWER:
The 40,000 share of X who predeceased X
goes to his legitimate child, A, by
representation.
The 40,000 share of Y who is incapacitated to

inherit goes to his legitimate children, B and
C, by representation, or 20,000 each.
The share of Z who repudiated the

inheritance goes to A, B and C by accretion
in the same proportion they inherit, or in the
proportion of 2:1:1.
511
FINAL DISTRIBUTION
A 40,000 by representation
20,000 by accretion
B 20,000 by representation
10,000 by accretion
C 20,000 by representation
10,000 by accretion
512
PROBLEM:
Suppose Z is incapacitated?
Same distribution as in the previous problem.
Suppose Z predeceased the decedent?
A 40,000 own right

B 40,000 own right
C 40,000 own right
513
PROBLEM:
T, an unmarried person and without any
children of any kind, instituted his
friends, A, B, C and D as his universal
heirs to his estate of 210,000.
T intended the distribution of his estate
as follows: A, of the estate; B, 1/4; C,
1/8; and D, 1/8.
D repudiated the inheritance. How shall

514
ESTATE: 120,000
T
REPUDIATED
A B C D
1/2 1/4 1/8 1/8
515
ANSWER:
There is no need to check the legitimes

since T left no compulsory heirs.
Assuming there is no provision in the will

regarding substitution of heirs, accretion
exists insofar as Ds share is concerned.
516
A is to get it of the estate, or 105,000.
B is to get 1/4 of the estate, or 52,500.
C is to get 1/8 of the estate, or 26,250.
D is to get 1/8 of the estate, or 26,250.
If Ds share is rendered vacant because

of his repudiation of the inheritance,
who gets such vacated share?
517
ANSWER:
DS vacant share goes to the other heirs by
right of accretion.
The co-heirs will therefore receive the

vacant share of 26,250 in the same
proportion they inherit.
Since they inherit in the proportion of 4:2:1,

the vacant share is to be divided into 7
parts.
518
FINAL DISTRIBUTION
A 105,000 as an instituted heir

15,000 by accretion
B 52,500 as an instituted heir

7,500 by accretion
C 26,250 as an instituted heir

3,750 by accretion
519
CAPACITY TO INHERIT
520
QUESTION:
In point of time, what law governs the

capacity of the heir to inherit?
ANSWER:
Art. 1034 CC: The qualification of the

heir to inherit is reckoned at the time
of death of the decedent.
521
PROBLEM:
During his last illness, testator T

confessed to a priest, A, who was his
only son. In his will which he made
shortly after his confession, T gave his
son-priest, A, 60,000 out of an estate
worth 100,000. T gave the remainder of
his estate to his friend, B.
How shall Ts estate be distributed?
522
ESTATE: 100,000
A B
523
ANSWER:
The son-priest inherits only 50,000 as

his legitime.
The additional 10,000 which is part of

the free portion is nullified by the
disqualification of the son-priest
because he heard the confession of T
during his last illness. (Art. 1027, par. (1), CC)
The excess 10,000 shall accrue in favor

of the instituted heir, F.
524
PROBLEM:
The beneficiary in a will is the wife of
the minister of the gospel who
rendered aid to the testator during
the latters last illness.
Would she be disqualified from

inheriting from the testator?
525
ANSWER:
She is qualified. The law extends the
disqualification of priests and ministers
of the gospel to their relatives within the
fourth degree as well as to the church,
order, chapter, community, organization
or institution to which they may belong.
The spouse is not included. (No. 2, Art.
1027, CC)
Otherwise, we would be reading into the

law what is not found there. Besides,
capacity to succeed is the general rule,
while incapacity to succeed is the
exception. Hence, the rules on
incapacity must always be strictly
construed.
526
Thank you
NOW GO AND TOP THE BAR!
527

Wills and Succession

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Wills and Succession

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BAR REVIEW LECTURE

WILLS AND SUCCESSION

mode of acquisition of ownership

Cite at least three examples.

Hidden treasure which a stranger discovers by

Abandoned beds, when a river or stream

The distinctions are important to determine -

Donation inter vivos takes effect

Donation mortis causa takes effect

In inter vivos, ownership is

In mortis causa, ownership is

Inter vivos is valid even if

Mortis causa is void if donor

Inter vivos is essentially irrevocable.

Mortis causa is always revocable

Inter vivos must comply with

Will the suit prosper?

All obligations are transmissible,

Heirs liability to pay is co-extensive

D was the defendant in a civil

Despite the substitution, the children

The remedy of the plaintiff, the

A father sold a parcel of land to a

Yes, because the heirs also inherit

The rights to the succession are

AFTER DEATH OF A PERSON

The heirs own the property, subject to

T died with a will survived by his

The sale is valid because the

Is actual death the only trigger that

Yes, subject to two exceptions:

a) presumed death of a person.

b) judicial dissolution of marriage.

If he disappeared at age 75, he is

This is absence coupled with

An absence of FOUR YEARS is

If a person disappears with great

The presumption of death will

W, wife of H, filed a petition seeking

Will the petition prosper?

A judicial declaration of presumptive

What is freak succession?

This is succession without the

Article 50 of the Family Code

If a person dies with a will, his

This is succession which results from

This is succession which is

This is succession effected

HEIRS are called to succeed to an

HEIRS succeed by universal title.

HEIRS are called to succeed either

What is the importance of the

The omission in the testators

SECOND: The omission must be

THIRD: The compulsory heir

THERE IS PRETERITION even if a

REASON: Preterition involves an

REASON: The heir is entitled only to

REASON: Remedy of the aggrieved

NEITHER IS THERE PRETERITION

Although a compulsory heir, the

The institution of heirs is

T has three legitimate children, A, B