Succession....

Notes on Succession/Outline: Atty. Crisostomo A. Uribe/Supplied by: Apordo; Guasque; and Mabbun

December !" #$$

Outline In Succession Atty. Crisostomo A. Uribe Supplied by 1: Apordo, Mark Christian B. Guasque, Jaqueline M. Mabbun, Ma. Antonette M. I.

GENERAL PROVISIONS A.

Definition and Concept.

Article 774. Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law. (n)

Balane: 1. Succession is a mode of acquisition.-- Property, rights, and obligations are transmitted; transmitted; those w/c are not extinguished extinguished by death of the decedent is inheritance. Succession is but a process of transmission.

Succession is a mode of acquisition of inheritance transmitted to the heirs upon the death of the decedent through a will or by operation of law. 2. Two elements of Succession.-- (1 identity of ob!ects; (" change of sub!ects. 3. Rule.-- #he estate of the decedent pays for the obligations of the decedent. $hat is left is gi%en to the heirs. 4. Connect Connect Art. 774 w w Art. 77!" su#ra. &or money debts' f not paid in settlement proceedings, proceedings, heirs could be liable to the extent of what they recei%ed

&or obligations' ).g., lessee*lessor** lessee*lessor** obligation to +eep the lessee in the peaceful possession possession is transmitted transmitted to the heirs. heirs. $. %ro#ert& and Ri'(ts- Passed on to the decedents successors !. )*li'ations: a. +onetar&.-- -eneral rule' #he estate pays for them before the estate is partitioned )xception' l%are case. Predecessor fraudulently disposed of the prop. during litigation. S0 held that heirs cannot escape liability for their fathers transactions w/c ga%e way to this claim for damages. )%en though they did not inherit the prop., the monetary equi%alent thereof was de%ol%ed into into the mass of the estate w/c the heirs inherited. ereditary ereditary estates are 

%&en t'ou(' )e don*t 'a&e any intention to pla(iari+e ,see n the matter of the charges charges of Plagiari Plagiarism, sm, ect. gainst gainst 2 3ariano 3ariano 0. 4el 0astillo, 0astillo, 3 no. 15*6*16*S0 15*6*16*S0,, 7ctober 1", "515- " attribution is 'ereby made to odell A. Molina 'o compiled t'e lecture o0 1ro0. 2alane and 1ro0. 2a&iera. And also to Dia+" Garcia" 3n(les" Mac'uca o0 45C6. 1a(e 1 o0 76



always liable in their totality for the payments of the debts of the estate. $hate%er payment made made by the estate estate is ultimately ultimately a payment payment by the heirs heirs bec. these payments decrease decrease their inheritance. *. ,on-monetar&.-,on-monetar&.-- #ransmitted to the heirs. Article 712. Ownership is acquired by occupation and by intellectual creation.

Ownership and other real rights over property are acquired and transmitted by law, by donation, by testate and intestate succession, and in consequence of certain contracts, by tradition. They may also be acquired by means of prescription. (!"a) Article 1311. #ontracts ta$e effect only between the parties, their assigns and heirs, except in case where the rights and obligations arising from the contract are not transmissible by their nature, or by stipulation or by provision of law. The heir is not liable beyond the value of the property he received from the decedent.

%f a contract should contain some stipulation in favor of a third person, he may demand its fulfillment provided he communicated his acceptance to the obligor before its revocation. & mere incidental benefit or interest of a person is not sufficient. The contracting parties must have clearly and deliberately conferred a favor upon a third person. ('*a) Basis of Law of Succession Legal Pilosop! of te Ci"il Code on Succession #unda$ental Canges in te NCC B.

Su%&ects of Succession

Article 775. %n this Title, +decedent+ is the general term applied to the person whose property is transmitted through succession, whether or not he left a will. %f he left a will, he is also called the testator. (n)

Balane: )%ery testator is a decedent but not all decedents are testators. 8nder the merican system, a decedent who did not lea%e a will is called 9intestate.9 :ut this is not true in the Phils. Article 782. &n heir is a person called to the succession either by the provision of a will or by operation of law.

evi evise sees es and and lega legate tees es are are pers persons ons to whom whom gift giftss of real real and and perso persona nall prop proper erty ty are are respectively given by virtue of a will. (n) Balane:

#he definitions gi%en in this article are not good. #he definitions contained in the Spanish 0i%il 0ode were better. n heir succeeds by uni%ersal title. 4e%isee or legatee succeeds by particular title. ccording to to 0astan, an heir heir is one who who succeeds to the whole (uni%ersal (uni%ersal or or aliquot part of the estate. 4e%isee or legatee is one who succeeds to definite, specific, and indi%idualied properties. 1a(e 2 o0 76



always liable in their totality for the payments of the debts of the estate. $hate%er payment made made by the estate estate is ultimately ultimately a payment payment by the heirs heirs bec. these payments decrease decrease their inheritance. *. ,on-monetar&.-,on-monetar&.-- #ransmitted to the heirs. Article 712. Ownership is acquired by occupation and by intellectual creation.

Ownership and other real rights over property are acquired and transmitted by law, by donation, by testate and intestate succession, and in consequence of certain contracts, by tradition. They may also be acquired by means of prescription. (!"a) Article 1311. #ontracts ta$e effect only between the parties, their assigns and heirs, except in case where the rights and obligations arising from the contract are not transmissible by their nature, or by stipulation or by provision of law. The heir is not liable beyond the value of the property he received from the decedent.

%f a contract should contain some stipulation in favor of a third person, he may demand its fulfillment provided he communicated his acceptance to the obligor before its revocation. & mere incidental benefit or interest of a person is not sufficient. The contracting parties must have clearly and deliberately conferred a favor upon a third person. ('*a) Basis of Law of Succession Legal Pilosop! of te Ci"il Code on Succession #unda$ental Canges in te NCC B.

Su%&ects of Succession

Article 775. %n this Title, +decedent+ is the general term applied to the person whose property is transmitted through succession, whether or not he left a will. %f he left a will, he is also called the testator. (n)

Balane: )%ery testator is a decedent but not all decedents are testators. 8nder the merican system, a decedent who did not lea%e a will is called 9intestate.9 :ut this is not true in the Phils. Article 782. &n heir is a person called to the succession either by the provision of a will or by operation of law.

evi evise sees es and and lega legate tees es are are pers persons ons to whom whom gift giftss of real real and and perso persona nall prop proper erty ty are are respectively given by virtue of a will. (n) Balane:

#he definitions gi%en in this article are not good. #he definitions contained in the Spanish 0i%il 0ode were better. n heir succeeds by uni%ersal title. 4e%isee or legatee succeeds by particular title. ccording to to 0astan, an heir heir is one who who succeeds to the whole (uni%ersal (uni%ersal or or aliquot part of the estate. 4e%isee or legatee is one who succeeds to definite, specific, and indi%idualied properties. 1a(e 2 o0 76



).g.,  bequeathed 1/" of my fishpond in Pampanga to . s the successor an heir, legatee or de%isee  de%isee, the prop. being a specific real prop. : s it im#ortant to distin'uis( *et. (eir de/isee and le'atee0

' :efore, yes. yes. #he heir inherited inherited e%en e%en debts of the decedent, decedent, e%en if if it exceed the %alue of the property. 4e%isees 4e%isees or legatees legatees were liable liable for debts of the decedent decedent only up to the extent of the %alue of the prop. ?. f read carefully, institution of heir is annulled while de%ise and legacy are not, so long as there is no impairment ofthe legitime. Art. 72 is not a worin' worin' definition.-definition.-- Someone who is a de%isee (succeeded (succeeded by a particular title can fit into the definition of an heir (succeeds to a fractional/ aliquot/ undi%ided part of the estate. and %ice %ersa. Article 887. The following are compulsory heirs-

(') egitimate children and descendants, with respect to their legitimate parents and ascendants/ () %n defaul defaultt of the forego foregoing ing,, legiti legitimat matee parent parentss and ascenda ascendants nts,, with with respect to their legitimate children and descendants/ (0) The widow or widower/ (1) &c$nowledged natural children, and natural children by legal fiction/ () Other illegitimate children referred to in article 2*. #ompulsory heirs mentioned in 3os. 0, 1, and  are not excluded by those in 3os. ' and / neither do they exclude one another. %n all cases of illegitimate children, their filiation must be duly proved. The father or mother of illegitimate children of the three classes mentioned, shall inherit from them in the manner and to the extent established by this #ode. (2!*a) Balane:

#here are &i%e (> +inds of 0ompulsory heirs' 1. @egitimate children and descendants ". @egitimate parents and ascendants A. $idow or widower ?. c+nowledged natural children, and natural children by legal fiction >. 7ther illegitimate illegitimate children 8nder the &amily 0ode, there is no more distinction between ac+nowledged ac+nowledged natural children and illegitimate children. #hey are all considered as illegitimate.

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Bosales %. Bosales.** n this case, the deceased was the mother*in*law of the plaintiff. #he plaintiffs husband had predeceased his mother. #he plaintiff widow see+s a share in her mother*in*laws estate claiming she is a compulsory heir being a widow. #he S0 denied her claim bec. the widow in the law refers to the widow of the deceased and not of a relati%e of t he deceased. T(ree inds of Relations(i# Amon' Com#ulsor& eirs:

1. Primary.** @egitimate children, and in their absence, legitimate descendants. #hey are primary bec. they are absolutely preferred, and they exclude the secondary. ". Secondary.** @egitimate parents, and in their absence, legitimate ascendants #hey inherit only in the absence of default of the primary. A. 0oncurring.** Sur%i%ing spouse and illegitimate children. #hey get their legitime together w/ the primary or secondary heirs.
Ba/iera:

Per capita means equally per stirpes means by representation Article 100. Should brother and sisters of the full blood survive together with brothers and sisters of the half blood, the former shall be entitled to a share double that of the latter. ("1") Article 1007. %n case brothers and sisters of the half blood, some on the father4s and some on the mother4s side, are the only survivors, all shall inherit in equal shares without distinction as to the origin of the property. ("!) Article 1008. #hildren of brothers and sisters of the half blood shall succeed per capita or per stirpes, in accordance with the rules laid down for brothers and sisters of the full blood. ("')

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Article 100!. Should there be neither brothers nor sisters nor children of brothers or sisters, the other collateral relatives shall succeed to the estate.

The latter shall succeed without distinction of lines or preference among them by reason of relationship by the whole blood. ("1a) Article 1010. The right to inherit ab intestato shall not extend beyond the fifth degree of relationship in the collateral line. ("a) SUBSECTION . T"e State Article 1011. %n default of persons entitled to succeed in accordance with the provisions of the preceding Sections, the State shall inherit the whole estate. ("a) Article 1012. %n order that the State may ta$e possession of the property mentioned in the preceding article, the pertinent provisions of the 5ules of #ourt must be observed. ("2a) Article 1013. &fter the payment of debts and charges, the personal property shall be assigned to the municipality or city where the deceased last resided in the 6hilippines, and the real estate to the municipalities or cities, respectively, in which the same is situated.

%f the deceased never resided in the 6hilippines, the whole estate shall be assigned to the respective municipalities or cities where the same is located. Such estate shall be for the benefit of public schools, and public charitable institutions and centers, in such municipalities or cities. The court shall distribute the estate as the respective needs of each beneficiary may warrant. The court, at the instance of an interested party, or on its own motion, may order the establishment of a permanent trust, so that only the income from the property shall be used. ("a) Balane:

ntestate heirs' 1. @egitimate children/ descendants a. excludes ascendants, all collaterals, the State b. concurs with illegitimate children/ descendants, sur%i%ing spouse c. excluded by no one. ". llegitimate children/ descendants a. excludes illegitimate parents, collaterals, the State b. concurs with sur%i%ing spouse, legitimate children, legitimate ascendants c. excluded by no one. A. @egitimate parents a. excludes collaterals, the State b. concurs with illegitimate children, sur%i%ing spouse c. excluded by legitimate children. ?. llegitimate ascendants a. excludes collaterals, the State b. concurs with the sur%i%ing spouse c. excluded by legitimate descendants, illegitimate descendants. 1a(e 5 o0 76



>. Sur%i%ing spouse a. excludes collaterals, other than brothers and sisters, nephews and nieces, the State b. concurs with legitimate child, illegitimate child, legitimate and illegitimate brothers and sisters, nephews and nieces. c. excluded by no one. C. :rothers, sisters, nephews and nieces a. excludes all other collaterals, the State b. concurs with the sur%i%ing spouse c. excluded by legitimate children, illegitimate children, legitimate parents, illegitimate parents. 6. 7ther collaterals a. exludes collaterals in remote degrees, the State b. concurs with collaterals in equal degree c. excludes legitimate/ illegitimate children/ parents, sur%i%ing spouse, brothers and sisters, nephews and nieces. =. #he State a. excludes no one b. concurs with no one c. excluded by e%erybody else. rticles D6= to 151?.** Earious 0ombinations** #otal ntestacy ' ? as the case may be. #his is without pre!udice to the impairment of legitimes. (rt. D=A. A. @egitimate children and sur%i%ing spouse.** Sur%i%ing spouse share equal to that of one legitimate child. f only 1 legitimate child, 1/" each. (rt. DDC. &ormula' no. of legitimate children F 1 (sur%i%ing spouse G share of each )state ?. @egitimate children Sur%i%ing spouse.** Same share as a legitimate child llegitimate children.** 1/" or ? ' > ' 15 ratio w/ share of a legitimate child. (rt. DDD. >. @egitimate parents alone.** )ntire estate shared equally. C. @egitimate ascendants alone.** pply rticles ==D and =D5 which are the rules on legitime. 6. @egitimate parents (or ascendants.** 1 ' " llegitimate children.** 1/" &ree portion G 1/? to illegitimate children. (rt. DD1. 1a(e 6 o0 76



Partial ntestacy =. @egitimate parents (or ascendants.** 1/" Sur%i%ing spouse.** 1/" &ree portion.** 1/? to the sur%i%ing spouse. (rt. DD6. Partial ntestacy D. @egitimate parents (or ascendants.** 1/" Sur%i%ing spouse.** 1/? llegitimate children.** 1/? &ree portion.** 1/= to sur%i%ing spouse. (rt. 1555. 15. llegitimate children alone.** )ntire estate di%ided equally or > ' ? as the case may be. &ree portion G 1/" to illegitimate children. (rt. D==. 11. llegitimate children.** 1/" di%ided as in number 15 Sur%i%ing spouse.** 1/" &ree portion.** 1/C to both. (rt. DD=. Partial intestacy 1". Sur%i%ing spouse alone.** )ntire estate. &ree portion.** 1/" to sur%i%ing spouse. (rticles DD? and DD>. 1A. Sur%i%ing spouse.** 1/" llegitimate children.** 1/" &ree portion G 1/? to both (no article. 1?. Sur%i%ing spouse.** 1/" @egitimate brothers and sisters and nephews and nieces.** 1/" full ' half G " ' 1 &ree portion G 1/" to brothers and sisters and nephews and nieces f marriage is in articulo mortis, add 1/C to free portion once the legitime of the wife is reduced to 1/A (rt. 1551. 1>. Sur%i%ing spouse.** 1/" llegitimate brothers and sisters, nephews and nieces (if decedent is illegitimate.** 1/" &ull ' alf G " ' 1 &ree portion G 1/" to illegitimate brothers and sisters and nephews and nieces (rt. DD?. 1C. llegitimate parents alone.** entire estate &ree portion.** 1/" to illegitimate parents. (rt. DDA. 16. llegitimate parents.** none. 0hildren of any +ind.** )ntire estate di%ided according to earlier rules. (rt. DDA. 1=. @egitimate brothers and sisters alone.** $hole estate di%ided in the ratio of " ' 1 between full and half blood. (rticles 155? and 155C. 1D. @egitimate brothers and sisters and nephews and nieces.** )ntire estate with the ratio of " ' 1 between full and half blood a.


(rticles 155> and 155=. "5. and 155=. Bight of representation. "A. 7ther collaterals.** )ntire estate in equal shares Bules' a.


Share of  and : =5,555 @egitime lac+s 15,555 ". Since rt. D=A impairs the legitime, follow this two* step process' a. -i%e the legitime first. (-i%e to the legitimate first before the illegitimate. b. (i f there is an excess, di%ide it according to the ratio of " ' 1 or 15 ' > ' ? depending on the circumstances. (ii f lac+ing, reduce the share of illegitimate children pro*rata. n the illustration'  G ?>,555 : G ?>,555 0 G "",>55 4 G "",>55 ) G "",>55 & G "",>55 - G "",>55 #7#@ "5",>55 #he estate lac+s "",>55 Beduce the shares of illegitimate children pro*rata G "",>55/ > G ?,>55 each. #he share of each illegitimate child will equal 1=,555.
(o a)e te su%&ects* Relationsip

Article !3. 6roximity of relationship is determined by the number of generations. 7ach generation forms a degree. ("') Article !4. & series of degrees forms a line, which may be either direct or collateral.

& direct line is that constituted by the series of deg rees among ascendants and descendants. & collateral line is that constituted by the series of degrees among persons who are not ascendants and descendants, but who come from a common ancestor. ("'a) Article !5. The direct line is either descending or ascending.

The former unites the head of the family with those who descend from him. The latter binds a person with those from whom he descends. ("'*)

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Article !. %n the line, as many degrees are counted as there are generations or persons, excluding the progenitor.

%n the direct line, ascent is made to the common ancestor. Thus, the child is one degree removed from the parent, two from the grandfather, and three from the great8grandparent. %n the collateral line, ascent is made to the common ancestor and then descent is made to the person with whom the computation is to be made. Thus, a person is two degrees removed from his brother, three from his uncle, who is the brother of his father, four from his first cousin, and so forth. ("'2a) Article !7. 9ull blood relationship is that existing between persons who have the same father and the same mother.

:alf blood relationship is that existing between persons who have the same father, but not the same mother, or the same mother, but not the same father. ("!a) Balane:

rticles DCA to DC6 on relationships. 1. (#hese rules on relationship are important because of certain principles which ordain in intestacy, namely' a.


succession. b.
Article !8. %f there are several relatives of the same degree, and one or some of them are unwilling or incapacitated to succeed, his portion shall accrue to the others of the same degree, save the right of representation when it should ta$e place. (") Article !!. %f the inheritance should be repudiated by the nearest relative, should there be one only, or by all the nearest relatives called by law to succeed, should there be several, those of the following degree shall inherit in their own right and cannot represent the person or persons repudiating the inheritance. ("0) ,.

Capacit! to Succeed a. Dete)$ination

Article 1034. %n order to ;udge the capacity of the heir, devisee or legatee, his qualification at the time of the death of the decedent shall be the criterion.

%n cases falling under 3os. , 0, or  of article '!0, it shall be necessary to wait until final ;udgment is rendered, and in the case falling under 3o. 1, the expiration of the month allowed for the report. %f the institution, devise or legacy should be conditional, the time of the compliance with the condition shall also be considered. (*2a) Balane:

#ime to !udge the capacity of the heir. Par. 1.** #ime of death. correlate with par. 1 of rt. 15">. #he time succession opens, no exceptions. Par. ".** -rounds ", A and >.** $ait for final !udgment when con%iction is needed. Par. A.** 0onditional.** 0onsider both time of compliance and time of death of the decedent. Article 103!. #apacity to succeed is governed by the law of the nation of the decedent. (n) Article 1. 5eal property as well as personal property is sub;ect to the law of the country where it is stipulated.

:owever, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. ('!a)

Cayetano vs. Leonides, 129 SCRA 522 1a(e 11 o0 76



%. (o $a! Succeed* Article 1024. 6ersons not incapacitated by law may succeed by will or ab intestato.

The provisions relating to incapacity by will are equally applicable to intestate succession. (*11, "'1) Balane:

Par. 1.** b intestato refers both to legitime and intestacy. Par. ".** 3ista+e * not true. ncapacity to succeed by will, 15"6, 15"= and 15A", are they applicable to intestacy , 15"= (applicable only in testamentary succession. b. pplies to both.** rticles 15"6, par. C, 15A". Article 1025. %n order to be capacitated to inherit, the heir, devisee or legatee must be living at the moment the succession opens, except in case of representation, when it is proper.

& child already conceived at the time of the death of the decedent is capable of succeeding provided it be born later under the conditions prescribed in article 1'. (n) Balane:

-eneral rule' Succession opens at the death of the decedent. (rt. 666. #he heir must be ali%e when succession opens. #he same as rt. 15A?. )xception' 9n case of representation, when proper.9 #his is wrong. #he representati%e must be ali%e when the decedent dies. llustration' H / I J  : 0 I b1 1. : dies on 2an. 1DDC. :s wife is pregnant. H dies in 3arch 1DDC. b1 is born in 2uly 1DDC. $as b1 ali%e when H died Kes. rt. ?1, the fetus is considered ali%e from the moment of conception. #his is not an exception bec. b1 is ali%e. ". : is disinherited in 1DDC. H dies in 1DD6. b1 is born in 1DDD. a. 0an b1 represent : , par. 1. Parish Priest of Eictoria %. Bigor ** n the case, the priest pro%ided that his estate will go to any of the nephews who may enter the priesthood. #he nephew claiming, howe%er, was born after the priest had died. s such , the nephew cannot inherit. 1a(e 12 o0 76



Article 102. & testamentary disposition may be made to the State, provinces, municipal corporations, private corporations, organi
&ll other corporations or entities may succeed under a will, unless there is a provision to the contrary in their charter or the laws of their creation, and always sub;ect to the same. (*1a) Balane:

L' 0an you ma+e a testamentary disposition in fa%or of !uridical persons ' Kes, if allowed by their charter. #hey must exist, howe%er, at the time of the death of the decedent. ).g., 9 gi%e 1/A of my estate to 4a%id*
Balane:

4isposition in fa%or of' (a prayers; (b pious wor+s** for the soul of the testator. 1/" to the 0hurch which the testator belongs and 1/" to the State. #his is because of rt. 15"D, this is not a disposition in fa%or of an un+nown person. Article 1030. Testamentary provisions in favor of the poor in general, without designation of particular persons or of any community, shall be deemed limited to the poor living in the domicile of the testator at the time of his death, unless it should clearly appear that his intention was otherwise.

The designation of the persons who are to be considered as poor and the distribution of the property shall be made by the person appointed by the testator for the purpose/ in default of such person, by the executor, and should there be no executor, by the ;ustice of the peace, the mayor, and the municipal treasurer, who shall decide by a ma;ority of votes all questions that may arise. %n all these cases, the approval of the #ourt of 9irst %nstance shall be necessary. The preceding paragraph shall apply when the testator has disposed of his property in favor of the poor of a definite locality. (*1"a) Balane:

1. #his is limited to the poor li%ing at the domicile of the testator upon his death. #his is not clear. $hat is the scope of domicile 4oes it refer to country, pro%ince, city or barangay ". $ho is to designate (n the order of preference a. Person appointed by the testator for that purpose 1a(e 13 o0 76



b. )xecutor c. 3#0 !udge, mayor, municipal treasurer. #his ne%er happens bec. if there are no a and b, the court appoints an administrator. Parish Priest o !i"toria vs. Ri#or, 89 SCRA 493 c. (o a)e incapa%le of succeeding* Article 1027. The following are incapable of succeeding-

(') The priest who heard the confession of the testator during his last illness, or the minister of the gospel who extended spiritual aid to him during the same period/ () The relatives of such priest or minister of the gospel within the fourth degree, the church, order, chapter, community, organi
ha%e no application to legitimes. . Priest )xample number 1. , a priest, is a friend of :. : regularly goes to confession to . : then becomes seriously ill. e executes a will instituting  to 1/A to his estate. s this testamentary disposition %alid or is  capacitated to inherit from : Kes. )xample number ". 7n his deathbed, H ma+es a will instituting K, a priest. #hin+ing he will die, H calls K to confess. s K capacitated to inherit from H Kes. 1. $hen does par. 1 apply, in other words, when is the priest incapacitated to succeed a. $hen the confession is made prior to the ma+ing of a will. f simultaneous, the priest is still disqualified. f the will is made first, the priest can inherit. 1a(e 14 o0 76



b. f the confession was made before the will was made and the priest is the son of the sic+ person, can the priest inherit upon the death of the sic+ person Kes. e can get the legitime. f the priest were a brother Kes. e can inherit by intestacy. 4isqualification applies only to testamentary dispositions. ". 9Priest or minister of the gospel.9** 4espite this apparent restriction to 0hristian ministers, this applies to all spiritual ministers, e.g., :uddhist mon+s. $hy :ecause it is conclusi%ely presumed that the spiritual minister used his moral influence to induce or influence the sic+ person to ma+e a testamentary disposition in his fa%or. A. Bequisites' a. #he will was made during the last illness b. #he spiritual ministration must ha%e been extended during the last illness c. #he will was executed during or after the spiritual ministration. :. Belati%es of the priest of minister of the gospel #his widens the disqualification in . 7mission was made of the spouse of the minister of the gospel. $hat do you do pply rt. 15A1. #o disqualify the spouse, you ha%e to show that the testamentary benefaction gi%en to the wife was meant to benefit the minister. #his is harder to pro%e. 0. -uardian -eneral rule' 4isqualification applies when the disposition is made' fter the guardianship began (beginning of the guardianship *** :efore termination of guardianship (appro%al of final accounts or lifting of guardianship. )xception' 4isposition is %alid when the guardian is an ascendant, descendant, brother, sister or spouse. 1. #his exception is not present in the case of a priest. $hy #hey were deri%ed different laws. #he omission in the case of the priest was stupid. ". Seems to refer only to guardian of the property. 0ommentators agree that this also co%ers guardians o%er the person bec. the latter ha%e more opportunity to influence the ward. 4. ttesting witness. 0orrelate this w/ rt. D"A. -eneral rule' $itness, spouse.... are disqualified. )xception' f there are three (A other witnesses to the will. ). Physician, surgeon, nurse, health officer or druggist. 1a(e 15 o0 76



#he latter must ha%e ta+en care of the sic+ person. Bequisites' 1. #he will was made during the last illness ". #he sic+ person must ha%e been ta+en cared of during his last illness. 3edical attendance was made. A. #he will was executed during or after he was being ta+en cared of. Article 1028. The prohibitions mentioned in article *0", concerning donations inter vivos shall apply to testamentary provisions. (n) Article 735. T(e followin' donations s(all *e /oid: 61 T(ose made *etween #ersons w(o were 'uilt& of adulter& or concu*ina'e at t(e time of t(e donation8 62 T(ose made *etween #ersons found 'uilt& of t(e same criminal offense" in consideration t(ereof8 63 T(ose made to a #u*lic officer or (is wife" descendants and ascendants" *& reason of (is office. n t(e case referred to in ,o. 1" t(e action for declaration of nullit& ma& *e *rou'(t *& t(e s#ouse of t(e donor or donee8 and t(e 'uilt of t (e donor and donee ma& *e #ro/ed *& #re#onderance of e/idence in t(e same action.

Balane: #his applies only to testamentary succession.

Article 1031. & testamentary provision in favor of a disqualified person, even though made under the guise of an onerous contract, or made through an intermediary, shall be void. (*)

Balane:

$hat you cannot do directly, you cannot do indirectly. #his is the same as rt. =C6, par. ?.** 8se of a (a dummy; (b contract

1a(e 16 o0 76



Article 1032. The following are incapable of succeeding by reason of unworthiness-

(') 6arents who have abandoned their children or induced their daughters to lead a corrupt or immoral life, or attempted against their virtue/ () &ny person who has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants/ (0) &ny person who has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless/ (1) &ny heir of full age who, having $nowledge of the violent death of the testator, should fail to report it to an officer of the law within a month, unless the authorities have already ta$en action/ this prohibition shall not apply to cases wherein, according to law, there is no obligation to ma$e an accusation/ () &ny person convicted of adultery or concubinage with the spouse of the testator/ () &ny person who by fraud, violence, intimidation, or undue influence should cause the testator to ma$e a will or to change one already made/ (*) &ny person who by the same means prevents another from ma$ing a will, or from revo$ing one already made, or who supplants, conceals, or alters the latter4s will/ (2) &ny person who falsifies or forges a supposed will of the decedent. (*, *0, *1a) Balane:

-rounds 1, ", A, > and C are the same as in disinheritance.


Article 1033. The cause of unworthiness shall be without effect if the testator had $nowledge thereof at the time he made the will, or if, having $nown of them subsequently, he should condone them in writing. (**a) 2alane: . a. 78ad 9noled(e at t'e time 'e made t'e ill.7 3n t'is case" it is presumed t'at t'e testator 'ad pardoned t'e o00ender. b. 7non subsequently.7 Needs ritten pardon. #. 1roblem: 3n disin'eritance" incapacity to disin'erit is li0ted by reconciliation. 2ut in Art. $55" t'ere must be a pardon in ritin(. <'is is stran(e. 3n Art. !!  e=press ill  reconciliation is enou(' 3n Art. $55  presumed ill  needs ritten pardon. 1roblem arises i0 t'e testator made a ill disin'eritin(. )'at rule do you apply i0 t'e reason 0or disin'eritin( as a common (round> a. 30 you 0ollo t'e rules o0 disin'eritance. ?es. b. 30 you 0ollo t'e rules o0 unort'iness. No. Commentators. ules o0 disin'eritance s'ould apply.
Balane:

#his applies the doctrine of innocent purchaser for %alue without pre!udice to the right to damages of the pre!udiced heirs against the incapacitated heir. e. Rigt of te e-cluded ei)s. Article 1035. %f the person excluded from the inheritance by reason of incapacity should be a child or descendant of the decedent and should have children or descendants, the latter shall acquire his right to the legitime.

The person so excluded shall not en;oy the usufruct and administration of the property thus inherited by his children. (*'a) Balane:

#his grants right of representation to children or descendants of incapacitated children or descendants. 1a(e 18 o0 76



#his co%ers the legitime and intestacy. t does not mention intestate share only legitime. $hy :ecause rt. 15A> assumes that the free portion has been disposed of completely. :ut if not, then intestate share is included. Article 1037. The unworthy heir who is excluded from the succession has a right to demand indemnity or any expenses incurred in the preservation of the hereditary property, and to enforce such credits as he may have against the estate. (n)

Balane:

#his is the right gi%en to e%ery possessor, whether he be in good or bad faith in rt. ??A.
Balane:

1. cceptance.** (a %oluntary; (b free ". :asic Bules a. Bules for acceptance are more liberal than the rules of renunciation because the former are beneficial to the heir while the latter is pre!udicial to the heir. b. n case an heir is incompetent/ insane or a minor, acceptance or repudiation must be made by a representati%e. n case of renunciation, court appro%al is necessary bec. of a. f. Lia%ilities of te E-cluded ei). Article 1038. &ny person incapable of succession, who, disregarding the prohibition stated in the preceding articles, entered into the possession of the hereditary property, shall be obliged to return it together it its accessions.

:e shall be liable for all the fruits and rents he may have received, or could have received through the exercise of due diligence. (*!a) Balane:

Possessor in bad faith means he +nows that he is incapacitated. e must return the property, fruits and rents. g. P)esc)iption of Action

1a(e 19 o0 76



Article 1040. The action for a declaration of incapacity and for the recovery of the inheritance, devise or legacy shall be brought within five years from the time the disqualified person too$ possession thereof. %t may be brought by any one who may have an interest in the succession. (*a)

Balane:

Bight of heir to reco%er the inheritance must be exercised wit(in fi/e &ears. C.

O%&ect of te Succession

Article 77. The inheritance includes all the property, rights and obligations of a person which are not extinguished by his death. (")

Balane:

#ransmissible property, rights and obligations constitute inheritance. 9uidelines on w(et(er ri'(ts o*li'ations are etin'uis(ed *& deat(:

1. Property, rights and obligations which are purely personal are extinguished by the death of the decedent. #hey are not part of the inheritance, e.g., membership in the bar or right of consortium w/ your wife. ". #hose w/c are purely patrimonial. -eneral rule' #hey form part of the inheritance, e.g., credits. )xception' 3oney debts.** obligation to pay is not transmissible, although purely patrimonial bec. the estate pays for it. A. #hose obligations transmitted to the heirs w/c are not monetary, e.g., obligation of a lessor** patrimonial. : leased to 0 a parcel of land for a term of A years. fter " years, : died. #he heirs of : are bound by the lease contract. 7bligation as lessee and bailee are transmissible. Article 781. The inheritance of a person includes not only the property and the transmissible rights and obligations existing at the time of his death, but also those which have accrued thereto since the opening of the succession. (n)

Balane:

t is better to scrap rt. 6=1. t has no significance. )%en w/o it, those w/c accrue after death will still belong to the heirs. ).g.,  has a son, H.  dies in 1D==. nheritance is a mango plantation. n 1DD5, there is a crop. s it part of the inheritance 1. ccording to rt. 6=1, yes. #his is inconsistent w/ rt 666 bec. succession occurs at the moment of death. rt. 6=1 implies a second succession.

1a(e 20 o0 76



". @egal concept.**
%f a contract should contain some stipulation in favor of a third person, he may demand its fulfillment provided he communicated his acceptance to the obligor before its revocation. & mere incidental benefit or interest of a person is not sufficient. The contracting parties must have clearly and deliberately conferred a favor upon a third person. ('*a) Article 142!. =hen a testate or intestate heir voluntarily pays a debt of the decedent exceeding the value of the property which he received by will or by the law of intestacy from the estate of the deceased, the payment is valid and cannot be rescinded by the payer. Article 1178. Sub;ect to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary. (''') Article 1347. &ll things which are not outside the commerce of men, including future things, may be the ob;ect of a contract. &ll rights which are not intransmissible may also be the ob;ect of contracts.

3o contract may be entered into upon future inheritance except in cases expressly authori
The action to demand restoration, reparation, and indemnification li$ewise descends to the heirs of the person in;ured.

1a(e 21 o0 76



Reyes vs. CA, SC L$5620, %&'y 31, 1954 The natural children of the deceased in this case are questioning the intrinsic validity of the will on the ground that his compulsory heir cannot be one, as theirs was an illicit relationship. S# held that as a general rule, courts in probate proceedings are limited to pass only upon the extrinsic validity of the will sought to be probated. There are, however, notable circumstances wherein the intrinsic validity was first determined as when the defect of the will is apparent on its face and the probate of the will may become a useless ceremony if it is intrinsically invalid. The intrinsic validity of a will may be passed upon because >practical considerations? demanded it as when there is preterition of heirs or the testamentary provisions are doubtful legality. %n this case however, There was never an open admission of any illicit relationship. Thus, there was no need to go beyond the face of the will.

(&into vs. )edina, 50 *( + 1,  199, *"t 7, 1953 D. Opening of Succession Article 777. The rights to the succession are transmitted from the moment of the death of the decedent. (*a)

Balane:

1. #his article literally means that the 9decedent has the right to the succession which is transmitted upon his death.9 #his is illogical bec. the decedent does not ha%e rights to the succession. #o impro%e the pro%ision, change the words 9succession9 to 9inheritance9 (the right to succeed is an inchoate right and the %erb 9transmitted9 to 9become %ested.9 ". &our )lements of Succession' 1. 4eath ". $ill or 7peration of law A. )xistence and capacity of the successor ?. cceptance. A. #his pro%ision is the heart and soul of succession. #he most essential pro%ision of the law on succession. ?. Bights to succession %est at the moment of death, not transmitted. #he right should be made effecti%e from the moment of death. #his is so bec. the rights to succession before death are mere inchoate. :ut from the moment of death, those inchoate rights become absolute. Bights to succession are %ested from the moment of death, not upon the filing of petition for testate/ intestate proceedings, not upon the declaration of heirship or upon settlement of the estate. #he rights to succession are automatic. #radition or deli%ery is not needed. &iction of the law is that from the moment of the death of the decedent, the right passes to the heirs. 4uring the lifetime of the predecessor, rights to succession are a mere expectancy. 1a(e 22 o0 76



ence, no contract can be legally entered into regarding the expected inheritance. $hen a heir recei%es his inheritance, he is deemed to ha%e recei%ed it at the point of death. this is so by legal fiction to a%oid confusion. >. 0S)S' 8son %. 4el Bosario.** 8pon the death of the husband before the <00, the rights of the wife to the inheritance were %ested. So the rights of the illegitimate children under the <00 to inherit can not pre!udice the %ested rights of the wife. $e ha%e to apply the 700 bec. at the time of his death, it is the 700 w/c go%erned the law on succession. &or the determination of successional rights, the law at the point of death should be the one applied. :or!a %. :or!a.** #he right to inherit is %ested at the moment of death. )%en if she did not +now how much she was going to inherit, she could still dispose of her share in the inheritance. Said right to the share was hers from the moment of death and she could do whate%er she wanted w/ her share, e%en sell it. :onilla %. :arcena.** Kou do not need a declaration of heirship whether testate or intestate, %oluntary, etc. #he rights of the heirs to the prop. %est in them e%en before !udicial declaration of their being heirs in the testate proceedings. n action to quiet title is not extinguished by the death of the decedent, it being a patrimonial right. ence, the heirs ha%e the right to be substituted to the action e%en before their ha%ing declared as heirs. 2imene %. &ernande.** 0arlos died in 1DAC, before the effecti%ity of the <00. s such, his illegitimate child cannot inherit from him. s such, title to the land belongs to the cousin who inherited the land w/ 0arlos. Article 223. 5ights to the inheritance of a person who died, with or without a will, before the effectivity of this #ode, shall be governed by the #ivil #ode of '22", by other previous laws, and by the 5ules of #ourt. The inheritance of those who, with or without a will, die after the beginning of the effectivity of this #ode, shall be ad;udicated and distributed in accordance with this new body of laws and by the 5ules of #ourt/ but the testamentary provisions shall be carried out insofar as they may be permitted by this #ode. Therefore, legitimes, betterments, legacies and bequests shall be respected/ however, their amount shall be reduced if in no other manner can every compulsory heir be given his full share according to this #ode. (5ule 'a) Article 2253. The #ivil #ode of '22" and other previous laws shall govern rights originating, under said laws, from acts done or events which too$ place under their regime, even though this #ode may regulate them in a different manner, or may not recogni
1a(e 23 o0 76



Article 533. The possession of hereditary property is deemed transmitted to the heir without interruption and from the moment of the death of the decedent, in case the inheritance is accepted.

One who validly renounces an inheritance is deemed never to have possessed the same. (11!) Article 1347. &ll things which are not outside the commerce of men, including future things, may be the ob;ect of a contract. &ll rights which are not intransmissible may also be the ob;ect of contracts.

The efficacy of the sale of a mere hope or expectancy is deemed sub;ect to the condition that the thing will come into existence. The sale of a vain hope or expectancy is void. (n) Article 130. The future spouses may give each other in their marriage settlements as much as one8fifth of their present property, and with respect to their future property, only in the event of death, to the extent laid down by the provisions of this #ode referring to testamentary succession. ('00'a) Article 132. & donation by reason of marriage is not revocable, save in the following cases-

(') %f it is conditional and the condition is not complied with/ () %f the marriage is not celebrated/ (0) =hen the marriage ta$es place without the consent of the parents or guardian, as required by law/ (1) =hen the marriage is annulled, and the donee acted in bad faith/ () Apon legal separation, the donee being the guilty spouse/ () =hen the donee has committed an act of ingratitude as specified by the provisions of this #ode on donations in general. ('000a) Article 3!0. &fter an absence of seven years, it being un$nown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for those of succession.

The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. %f he disappeared after the age of seventy8five years, an absence of five years shall be sufficient in order that his succession may b e opened. (n) 1a(e 24 o0 76



Article 3!1. The following shall be presumed dead for all purposes, including the division of the estate among the heirs-

(') & person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane/ () & person in the armed forces who has ta$en part in war, and has been missing for four years/ (0) & person who has been in danger of death under other circumstances and his existence has not been $nown for four years. (n) $C Art. 84. %f the future spouses agree upon a regime other than the absolute community of property, they cannot donate to each other in their marriage settlements more than one8 fifth of their present property. &ny excess shall be considered void.

onations of future property shall be governed by the provisions on testamentary succession and the formalities of wills. ('0!a) $C Art. 8. & donation by reason of marriage may be revo$ed by the donor in the following cases(') %f the marriage is not celebrated or ;udicially declared void ab initio except donations made in the marriage settlements, which shall be governed by &rticle 2'/

() =hen the marriage ta$es place without the consent of the parents or guardian, as required by law/ (0) =hen the marriage is annulled, and the donee acted in bad faith/ (1) Apon legal separation, the donee being the guilty spouse/ () %f it is with a resolutory condition and the condition is complied with/ () =hen the donee has committed an act of ingratitude as specified by the provisions of the #ivil #ode on donations in general. ('0a) Re/uisite fo) te t)ans$ission of 0Successional Rigts1. '. E-p)ess will of te testato) o) p)o"ision of law2 +. Deat of te pe)son wose p)ope)t! is te su%&ect of Succession2 and ,. Acceptance of te ine)itance. SECTION 3 Acce%ta&ce a&' Re%('iatio& o) t"e I&"erita&ce Article 1041. The acceptance or repudiation of the inheritance is an act which is purely voluntary and free. ("22)

Balane:

1. cceptance.** (a %oluntary; (b free ". :asic Bules 1a(e 25 o0 76



a. Bules for acceptance are more liberal than the rules of renunciation because the former are beneficial to the heir while the latter is pre!udicial to the heir. b. n case an heir is incompetent/ insane or a minor, acceptance or repudiation must be made by a representati%e. n case of renunciation, court appro%al is necessary bec. of a. Article 1042. The effects of the acceptance or repudiation shall always retroact to the moment of the death of the decedent. ("2")

Balane:

#his is because of rt. 666 which states that 9the right to the succession are transmitted from the moment of the death of the decedent.9 Article 1043. 3o person may accept or repudiate an inheritance unless he is certain of the death of the person from whom he is to inherit, and of his right to the inheritance. (""')

Balane:

#his article requires' (a certainty of death; (b right to inherit (is established. Article 1044. &ny person having the free disposal of his property may accept or repudiate an inheritance.

&ny inheritance left to minors or incapacitated persons may be accepted by their parents or guardians. 6arents or guardians may repudiate the inheritance left to their wards only by ;udicial authori
Par. 1.** 3ust ha%e capacity to dispose of the property. a. 7f age b.
Balane:

cceptance needs a lawful representati%e while renunciation needs court appro%al.

1a(e 26 o0 76



Article 104. 6ublic official establishments can neither accept nor repudiate an inheritance without the approval of the government. (""1) Article 1047. & married woman of age may repudiate an inheritance without the consent of her husband. (""a)

Balane:

-eneral rule'  married woman may accept without the consent of her husband. )xception' f she is insane. n this case, howe%er, the marriage is not the reason for the incapacity. Article 1048. eaf8mutes who can read and write may accept or repudiate the inheritance personally or through an agent. Should they not be able to read and write, the inheritance shall be accepted by their guardians. These guardians may repudiate the same with ;udicial approval. (""a)

Balane:

-eneral rule' :eing a deaf*mute is not a restriction on the ability to accept or renounce as long as he can read and write. e may accept or renounce personally or through an agent. )xception' f he cannot read or write, he can only accept through a guardian. f he renounces, the renunciation needs court appro%al. Article 104!. &cceptance may be express or tacit.

&n express acceptance must be made in a public or private document. & tacit acceptance is one resulting from acts by which the intention to accept is necessarily implied, or which one would have no right to do except in the capacity of an heir. &cts of mere preservation or provisional administration do not imply an acceptance of the inheritance if, through such acts, the title or capacity of an heir has not been assumed. ("""a) Balane:

&orms of acceptance' 1. )xpress.** n clear and explicit terms. n writing, whether in a pri%ate or public document. ". #acit.** rt. 15>5.** Besults from acts from which intent to accept is implied. A. mplied.** rt. 15>6.** f does not do anything w/in thirty (A5 days, then it is deemed accepted.

1a(e 27 o0 76



Article 1050. &n inheritance is deemed accepted-

(') %f the heirs sells, donates, or assigns his right to a stranger, or to his co8 heirs, or to any of them/ () %f the heir renounces the same, even though gratuitously, for the benefit of one or more of his co8heirs/ (0) %f he renounces it for a price in favor of all his co8heirs indiscriminately/ but if this renunciation should be gratuitous, and the co8heirs in whose favor it is made are those upon whom the portion renounced should devolve by virtue of accretion, the inheritance shall not be deemed as accepted. ('!!!) Balane:

Par. 1.** cts of ownership** to do these acts, the heir must ha%e accepted the inheritance. Par. ".** eir is really gi%ing it** to do this, the heir must ha%e accepted it first Par. A.** Sells it** must ha%e acquired something before you can sell. owe%er, if gratuitous in fa%or of co*heirs indiscriminately, to whom it would ha%e de%ol%ed by accretion, then true renunciation. Article 1051. The repudiation of an inheritance shall be made in a public or authentic instrument, or by petition presented to the court having ;urisdiction over the testamentary or intestate proceedings. ('!!2)

Balane: &orms of renunciation'

1. Public or authentic document ". Petition presented to the court. Strict form is required. 7ne cannot renounce tacitly or impliedly. Article 1052. %f the heir repudiates the inheritance to the pre;udice of his own creditors, the latter may petition the court to authori
The acceptance shall benefit the creditors only to an extent sufficient to cover the amount of their credits. The excess, should there be any, shall in no case pertain to the renouncer, but shall be ad;udicated to the persons to whom, in accordance with the rules established in this #ode, it may belong. ('!!') Balane:

ccion Pauliana.** #he right of the creditor to set aside dispositions or renunciations pre!udicial to them. ow much #o the extent to co%er the debt only. #he excess is gi%en to whom it would properly belong. #his assumes that you do not ha%e enough money to pay your creditors. Article 1053. %f the heir should die without having accepted or repudiated the inheritance his right shall be transmitted to his heirs. ('!!) 1a(e 28 o0 76



Balane: $hy :ecause the right has %ested in him at the time the decedent died. Article 1054. Should there be several heirs called to the inheritance, some of them may accept and the others may repudiate it. ('!!*a)

Balane:

llustration' H

********** I I I  : 0 ***** III abc

H died on 2an. 1, 1DDC.  died on 2an. 1?, 1DDC without ha%ing accepted or repudiated the inheritance. a, b and c get the rights of . ny of them may renounce. f a and b renounce, then "/A of s share is deemed renounced.
Should he repudiate it as an intestate heir, without $nowledge of his being a testamentary heir, he may still accept it in the latter capacity. ('!!") Balane:

f the heir is both a testate and intestate heir' 1. f he renounces in a testate capacity.** e is deemed to ha%e renounced in both capacities. $hy f the heir re!ected an express will, then he is deemed to ha%e re!ected the implied will. ". f he renounces in an intestate capacity, whether he had +nowledge that he was a testate heir or not, only his capacity to inherit as an intestate heir is renounced. )%en if he had +nowledge, he may want to accept the testate share to show respect for the will of the testator. Philosophy behind this is that testamentary succession is superior to intestate succession.


Balane:

-eneral rule' rre%ocability of acceptance or repudiation. )xceptions' 1. Eitiated consent, e.g., when there is fraud ". $hen an un+nown will appears.** Kou cannot renounce what you do not +now. Article 1057. =ithin thirty days after the court has issued an order for the distribution of the estate in accordance with the 5ules of #ourt, the heirs, devisees and legatees shall signify to the court having ;urisdiction whether they accept or repudiate the inheritance.

%f they do not do so within that time, they are deemed to have accepted the inheritance. (n) Balane: mplied acceptance.** #he thirty day period is counted from the receipt of the order. -son vs. e' Rosario 92 Phi' 530

e /ora vs. e /ora, 46 SCRA 577

/oni''a vs. /ar"ena, 71 SCRA 491 %n this case, the action to quiet title instituted by the late @arcena while she was still alive was dismissed by the lower court saying that the heirs had no legal capacity to sue. The S# held that the deceased can be substituted by his heirs in pursuing the case at bar. The records of this case show that the complaint was filed while @arcena while still alive and therefore, the court had acquired ;urisdiction over her person. &rt. *** provides that >the rights to the succession are transmitted from the moment of death of the testator.? =hen @arcena died, her claim or right to the parcels of land in litigation was not extinguished by her death but was transmitted to heir heirs upon her death.

/o&#h vs. )odesto, %an 28, 1954, 94 Phi'

/orrooe$erreravs. /orroeo 152 SCRA 171 E.

3inds of Succession

Article 778. Succession may be-

(') Testamentary/ () egal or intestate/ or (0) Bixed. (n) Balane:

1. #estamentary (rt. 66D.** designation of an heir in a will ". @egal or ntestate .** w/o a will or the will is in%alid A. 3ixed (rt. 6=5.** partly by will and partly by operation of law ?. 0ompulsory.** Succession to the legitime by a forced heir. 1a(e 30 o0 76



'. 4esta$enta)! Article 77!. Testamentary succession is that which results from the designation of an heir, made in a will executed in the form prescribed by law. (n)

Balane: eir includes de%isees and legatees. +. Legal o) Intestate Article !0. egal or intestate succession ta$es place-

(') %f a person dies without a will, or with a void will, or one which has subsequently lost its validity/ () =hen the will does not institute an heir to, or dispose of all the property belonging to the testator. %n such case, legal succession shall ta$e place only with respect to the property of which the testator has not disposed/ (0) %f the suspensive condition attached to the institution of heir does not happen or is not fulfilled, or if the heir dies before the testator, or repudiates the inheritance, there being no substitution, and no right of accretion ta$es place/ (1) =hen the heir instituted is incapable of succeeding, except in cases provided in this #ode. ("'a) Balane:

#his enumeration is not exclusi%e. #here are other causes. . Minds 1. #otal *
". concerned.

a.
A. 9Suspensi%e condition does not happen.9** ntestacy as to that specific institution. ?. 9ncapable of succeeding** 7nly specific pro%ision will gi%e rise to intestacy. >. 7thers not in rt. DC5. a. #he arri%al of the resolutory term. b. mpossibility of ascertaining the will of the testator.

1a(e 31 o0 76



,. 5i-ed Article 780. Bixed succession is that effected partly by will and partly by operation of law. (n) 6. Cont)actual Article 130. The future spouses may give each other in their marriage settlements as much as one8fifth of their present property, and with respect to their future property, only in the event of death, to the extent laid down by the provisions of this #ode referring to testamentary succession. ('00'a) Article 1347. &ll things which are not outside the commerce of men, including future things, may be the ob;ect of a contract. &ll rights which are not intransmissible may also be the ob;ect of contracts.

The donation shall be inofficious in all that it may exceed this limitation. (0) $C Art. 84. %f the future spouses agree upon a regime other than the absolute community of property, they cannot donate to each other in their marriage settlements more than one8fifth of their present property. &ny excess shall be considered void.

onations of future property shall be governed by the provisions on testamentary succession and the formalities of wills. ('0!a)

4esta$enta)! Succession II

(ILLS A

Definition

SECTION 1 *ills SUBSECTION 1. *ills i& +e&eral Article 783. & will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of this estate, to ta$e effect after his death. (*a)

Balane: 1a(e 32 o0 76



;efinition of will:

1. 9Person.9** refers only to natural persons. (Curidical person will never die, but it may dissolve) ". 9Permitted to control to a certain degree.9** why certain degree :ec. compulsory heirs cannot be depri%ed of their legitimes. f there are no compulsory heirs, the power of the decedent to dispose of his estate is absolute. f there are compulsory heirs, he only has a limited degree to dispose. #hat is why the will can only co%er the disposable portion of the estate (free portion. A. 0omment' . a. n 9act.9** is too general; better 9document9 bec. a will must be in writing b. 9fter9** better 9upon.9 B

Ca)acte)istic

Article 783. & will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of this estate, to ta$e effect after his death. (*a)

C(aracteristics of
1. Purely personal act. (rts. 6=?*6=6.** non*delegable; personal participation of the testator is required. ". &ree act.** it means w/o fraud, %iolence, deceit, duress, or intimidation. t is %oluntary. . &ormally executed.** f the form is defecti%e, it is %oid. t can not be cured. C. #estamentary capacity of the testator. 6. 8nilateral act.** does not in%ol%e an exchange of %alues or depend on simultaneous offer and acceptance. =. 3ortis causa.** ta+es effect upon the persons death (rt. 666. D. Statutory grant.** granted only by ci%il law. #he law can also ta+e it away. t is not a constitutional right but merely statutory. n Bussia, there are no wills, all intestacy 1a(e 33 o0 76



15. nimus #estandi.** #here must be an intent to dispose mortis causa the property of the testator. #here must be a real intent to ma+e a will or a disposition to ta+e effect upon death. Said intent must appear from the words of the will. 3ontinola %. 0, A 0 Beports A66.** #he Bepublic contended that the phrase 9 hereby lea%e you (motherland, parents, lo%ed ones... 9 is a testamentary disposition in fa%or of the Bepublic as an heir. 0 ruled that it was not. #he phrase is a mere piece of poetry, there being no animus testandi. #he lac+ of such intent might be seen from the face of the document itself. 11. ndi%idual.** 7ne person alone. 2oint wills are prohibited under rt. =1=. Eitug %. 0.**  couple executed a sur%i%orship agreement wherein their !oint ban+ account would become the sole property of the sur%i%ing spouse should one of them die. #he S0 held that such agreement is %alid. #he con%eyance is not a will bec. in a will, a person disposes of his prop. n this case, the ban+ account is part of the con!ugal funds.
(') %f the formalities required by law have not be en complied with/ () %f the testator was insane, or otherwise mentally incapable of ma$ing a will, at the time of its execution/ (0) %f it was executed through force or under duress, or the influence of fear, or threats/ (1) %f it was procured by undue and improper pressure and influence, on the part of the beneficiary or of some other person/ () %f the signature of the testator was procured by fraud/ () %f the testator acted by mista$e or did not intend that the instrument he signed should be his will at the time of affixing his signature thereto. (n) Balane:

#his enumeration is exclusi%e. #hey either ma+e the will %oid or %alid. #here is no such thing as a %oidable will. 1. &ormalities.** rt. =5> et seq. ". nsanity.** rt. 6DD A. &orce.** %iolence** rt. 1AA> par. 1 4uress** intimidation** rt. 1AA> par. " ?. 8ndue and mproper pressure and influence.** rt. 1AA6 >. &raud.** rt. 1AA= C. 3ista+e.** rt. 1AA1. Article 828. & will may be revo$ed by the testator at any time before his death. &ny waiver or restriction of this right is void. (*0*a)

Balane: 1a(e 34 o0 76



7ne of the characteristics of a will is that it is ambulatory. t is not fixed, it is re%ocable. Be%ocability is an essential requisite of a will. So any wai%er or restriction of this right is %oid. #here are no exceptions to this rule. L' 0an the testator ma+e a will irre%ocable '
Balane: : ow do &ou com#ute t(e a'e0 ' ccording to the dmin. 0ode, age is rec+oned according to the calendar month. Article 7!8. %n order to ma$e a will it is essential that the testator be of sound mind at the time of its execution. (n)

Balane: Soundness of mind is determined at the time of the execution of the will. Article 777. The rights to the succession are transmitted from the moment of the death of the decedent. (*a)

Balane:

1. #his article literally means that the 9decedent has the right to the succession which is transmitted upon his death.9 #his is illogical bec. the decedent does not ha%e rights to the succession. #o impro%e the pro%ision, change the words 9succession9 to 9inheritance9 (the right to succeed is an inchoate right and the %erb 9transmitted9 to 9become %ested.9 ". &our )lements of Succession' 1. 4eath ". $ill or 7peration of law A. )xistence and capacity of the successor ?. cceptance. A. #his pro%ision is the heart and soul of succession. #he most essential pro%ision of the law on succession.

1a(e 35 o0 76



?. Bights to succession %est at the moment of death, not transmitted. #he right should be made effecti%e from the moment of death. #his is so bec. the rights to succession before death are mere inchoate. :ut from the moment of death, those inchoate rights become absolute. Bights to succession are %ested from the moment of death, not upon the filing of petition for testate/ intestate proceedings, not upon the declaration of heirship or upon settlement of the estate. #he rights to succession are automatic. #radition or deli%ery is not needed. &iction of the law is that from the moment of the death of the decedent, the right passes to the heirs. 4uring the lifetime of the predecessor, rights to succession are a mere expectancy. ence, no contract can be legally entered into regarding the expected inheritance. $hen a heir recei%es his inheritance, he is deemed to ha%e recei%ed it at the point of death. this is so by legal fiction to a%oid confusion. >. 0S)S' 8son %. 4el Bosario.** 8pon the death of the husband before the <00, the rights of the wife to the inheritance were %ested. So the rights of the illegitimate children under the <00 to inherit can not pre!udice the %ested rights of the wife. $e ha%e to apply the 700 bec. at the time of his death, it is the 700 w/c go%erned the law on succession. &or the determination of successional rights, the law at the point of death should be the one applied. :or!a %. :or!a.** #he right to inherit is %ested at the moment of death. )%en if she did not +now how much she was going to inherit, she could still dispose of her share in the inheritance. Said right to the share was hers from the moment of death and she could do whate%er she wanted w/ her share, e%en sell it. :onilla %. :arcena.** Kou do not need a declaration of heirship whether testate or intestate, %oluntary, etc. #he rights of the heirs to the prop. %est in them e%en before !udicial declaration of their being heirs in the testate proceedings. n action to quiet title is not extinguished by the death of the decedent, it being a patrimonial right. ence, the heirs ha%e the right to be substituted to the action e%en before their ha%ing declared as heirs. 2imene %. &ernande.** 0arlos died in 1DAC, before the effecti%ity of the <00. s such, his illegitimate child cannot inherit from him. s such, title to the land belongs to the cousin who inherited the land w/ 0arlos.

Article 818. Two or more persons cannot ma$e a will ;ointly, or in the same instrument, either for their reciprocal benefit or for the benefit of a third person. (") 1a(e 36 o0 76



Balane: 1. ;efinitions.= ;efinitions.= (a  >oint will is is one document w/c ser%es as the will of " persons; this is prohibited; (b  reci#rocal will in%ol%es in%ol%es " instruments reciprocally ma+ing each other heir; this is not prohibited. 2. ?lements of a @oint
'

(a t encourages encourages undue influence, influence, murder, murder, or attempt attempt to +ill the other other bec. generally, !oint wills benefit each other. (b t runs counter to the idea that wills are re%ocable. t ma+es re%ocation

more difficult. ).g., tearing it up** destroys the will of another. (c t undermines the personal element of a will.** t becomes a multiple will. 4. ?am#les: ?am#les: a. 7ne sheet of paper. 7n each side is a will of one person. s it %alid Kes, bec. there are " documents. b. 7ne sheet of paper. 7n the front page, on the upper half is a will of . 7n the bottom half is the will of :. s it %alid Kes. #his is not a !oint will bec. there are still " documents.

n -ermany, !oint wills are allowed only if executed by the spouses. >. #he presumption is that wills are %alid. #he fault probably is in the wording of the law. 2oint will** one instrument. $hat the law prohibits is not " wills on the same sheet of paper but !oint !oint wills. Article 784. The ma$ing of a will is a strictly personal act/ it cannot be left in whole or in part to the discretion of a third person, or accomplished through the instrumentality of an agent or attorney. (*!a)

Balane:

#he ma+ing of a will is a purely personal act. t is an exercise of the disposing power w/c can not be delegated. :ut the physical act of ma+ing a notarial will can be delegated to the secretary but not the execution or ma+ing of holographic wills. ).g.,  dictated #he Secretary wrote it down and typed. s the will %alid Kes. $hat cannot be left in whole or in part to a third person is the exercise of the will ma+ing power, the exercise of the disposing or testamentary power. #he mechanical act can be delegated. Article 785. The duration or efficacy of the designation of heirs, devisees or legatees, or the determination of the portions which they are to ta$e, when referred to by name, cannot be left to the discretion of a third person. (*!a)

1a(e 37 o0 76



Balane:

#his pro%ision clarifies rt. 6=? on will*ma+ing power. T(in's <(ic( Cannot *e ;ele'ated to a T(ird %erson *& t(e Testator:

1. 4esignation of heir, legatee or de%isee, e.g.,  hereby appoint H as my executor and it is in his discretion to distribute distribute my estate to whome%er he wants to gi%e it. #his can not be done. ". 4uration or efficacy of such disposition li+e, 9:ahala +a na, Buben.9 A. 4etermination of the portion to w/c they are to succeed, when referred to by name. Article 78. The testator may entrust to a third person the distribution of specific property or sums of money that he may leave in general to specified classes or causes, and also the designation of the persons, institutions or establishments to which such property or sums are to be given or applied. (*'a)

Balane:

rt. 6=C is an an exception to rts 6=? and and 6=>. t co%ers co%ers things that that are part of the the essence of will ma+ing but allowed to be delegated. ?am#les of %ro(i*ited ;ele'ation:

1. 0an not delegate the designation of the amount of prop., e.g.,  hereby set aside the sum NNNNN w/c my executor may determine for the cause of mental health. #he amount is not specified. ". 0an not delegate the determination determination of causes or classes to w/c a certain amount is to be gi%en, e.g.,  hereby set aside P13 for such worthy causes as you may determine. #his is not %alid bec. the cause is not specific. :y way of exception, there are " things w/c can be delegated. #he testator must specify** (a the amount of property; (" the cause of classes of property** before the delegation can ta+e effect. 1. #he designation of person or institution falling under the class specified by the testator. 0hoosing the members of the class but is restricted by the class designation, e.g.,  hereby set aside the sum of P13 for the de%elopment of 4S research. 3 will choose w/c institution. #his is allowed bec. you ha%e guided already 3s decision. owe%er, 3 cannot designate 3anila otel. ". #he manner of distribution or power of apportioning the amount of money pre%iously set aside or prop. specified by the testator, e.g.,  designate the following hospitals hospitals to get the share in my estate and appoint 3 to apportion the amount of P153.  set aside P">5,555 for the following institutions' 8P, P-, SB, in an amount as my executor may determine. #he abo%e mentioned are exceptions to the rule that the ma+ing of a will are non* delegable. 1a(e 38 o0 76



Article 787. The testator may not ma$e a testamentary disposition in such manner that another person has to determine whether or not it is to be operative. (n)

Balane: #his pro%ision clarifies what is meant that 9a will is personal.9 #his is in effect delegating the discretion to the disposition of the will. C

Inte)p)etation

Article 788. %f a testamentary disposition admits of different interpretations, in case of doubt, that interpretation by which the disposition is to be operative shall be preferred. (n)

Balane:

rt. 6=D is the the rule on interpretation interpretation in order order that the will will may be be %alid and not not perish. Bationale' #he State prefers testate to intestate. $hy :ec. testamentary disposition is the express will of the decedent. ntestamentary is the presumed will of the decedent. #his is mere speculation on what the decedent wanted. 8t res mages %alet quam pereat.** that the thing be %alid than perish. ).g., #he word 9chic+9 can ha%e " interpretations' (1 a girl in w/c case inoperati%e bec. not w/in the commerce of man and (" sisiw.** operati%e. nterpret according to the second. Article 78!. =hen there is an imperfect description, or when no person or property exactly answers the description, mista$es and omissions must be corrected, if the error appears from the context of the will or from extrinsic evidence, excluding the oral declarations of the testator as to his intention/ and when an uncertainty arises upon the face of the will, as to the application application of any of its provisions, provisions, the testator4 testator4ss intention is to be ascertained ascertained from the words of the will, ta$ing into consideration the circumstances under which it was made, excluding such oral declarations. (n)

Balane: 1. inds of Am*i'uit&:

a. Patent, apparent.** that w/c appears in the face of the will, e.g., 9 gi%e 1/" of my estate to one of my brothers.9 $ho among the brothers #his is patently ambiguous. b. @atent, hidden.** perfectly unclear on its face. #he ambiguity does not appear until you apply the pro%isions pro%isions of the will, will, e.g., 9 gi%e gi%e to 3 the prop. prop. intersecting intersecting :uendia and P. de Boxas. #he ambiguity is determined only when the will is probated. #hat #hat is, when it appears that  am the owner of all the ? corners corners of the lot.


: ow will &ou resol/e t(e am*i'uit&0 <(at e/idence do &ou admit0

' Kou can admit any +ind of e%idence as long as rele%ant and admissible according to the Bules of 0ourt. #his includes written declarations. )xcept' 7ral declarations of the testator. $hy :ec. they cannot be questioned by the deceased. lso, bec. they are easy to fabricate. f inspite of e%idence you still cannot cure ambiguity, then annul the will. f the ambiguity is patent, disregard the will. f latent, loo+ into the e%idences allowed by law. Article 7!0. The words of a will are to be ta$en in their ordinary and grammatical sense, unless a clear intention to use them in another sense can be gathered, and that other can be ascertained.

Technical words in a will are to be ta$en in their technical sense, unless the context clearly indicates a contrary intention, or unless it satisfactorily appears that the will was drawn solely by the testator, and that he was unacquainted with such technical sense. (*a) Article 7!1. The words of a will are to receive an interpretation which will give to every expression some effect, rather than one which will render any of the expressions inoperative/ and of two modes of interpreting a will, that is to be preferred which will prevent intestacy. (n) Article 7!2. The invalidity of one of several dispositions contained in a will does not result in the invalidity of the other dispositions, unless it is to be presumed that the testator would not have made such other dispositions if the first invalid disposition had not been made. (n)

Balane:

-eneral rule' Se%erability.  flaw does not affect the other pro%isions. )xception' f it was meant that they were to be operati%e together as seen in the will. Article 7!3. 6roperty acquired after the ma$ing of a will shall only pass thereby, as if the testator had possessed it at the time of ma$ing the will, should it expressly appear by the will that such was his intention. (n)

Balane:

#his is a new pro%ision. t is better if this was not placed here. $hy :ec. prop. acquired after the ma+ing of the will will not pass unless there is a clear intention or express pro%isions that the prop. will be passed by the testator. ).g.,  gi%e as legacy to 3 my cars.  only had " cars when  executed the will. fter w/c  acquired 1> more cars. $hen  die, how many cars will she get &ollowing rt. 6DA, she will get only " cars. #he additional cars are not included. -eneral rule' fter acquired property shall not pass. 1a(e 40 o0 76



)xception' f the will pro%ides otherwise. f he said 9all my cars when  die, 9 then 3 gets all 16 cars. 0733)<#' #his is cray. rt. 6DA is inconsistent w/ rt. 666. t the time of the death, the succession will open. s such, all cars should be gi%en. :ut the law should be applied as it is.
Balane:

-eneral rule' @egacy or de%ise will pass exactly the interest of the testator o%er the property. )xception' 8nless it appears from the will that he is gi%ing less. ).g., say you own a parcel of land. 7nly the ownership of the land can be gi%en. f the testator is a usufructuary, he can only bequeath his rights as usufructuary, nothing more, nothing less. 0an you gi%e bigger Kes. rt. D"D says so. 7nly good if the other co*owner is willing to sell. L' :, - and 2 are co*owners. : ga%e to  the land they owned in common, that is the entire land and full ownership o%er it gi%ing more than what he owns. s this allowed ' Kes. #he remedy is to buy the shares of 2 and - but he can not compel them to buy his share, there being no redemption of the whole land or gi%e to  the %alue of :s share, if - and 2 are not willing to sell their shares. #he testator may gi%e a lesser interest, e.g.,  gi%e the usufruct of my land to H. $hat results 8sufruct to H, ownership of the land goes by intestacy. Article !30. The legacy or devise of a thing belonging to another person is void, if the testator erroneously believed that the thing pertained to him. @ut if the thing bequeathed, though not belonging to the testator when he made the will, afterwards becomes his, by whatever title, the disposition shall ta$e effect. (2a)

Balane:

rticles DA5 and DA1. rt. DA5.** -eneral rule'  legacy or de%ise of a thing belonging to someone else when the testator thought that he owned it is a %oid legacy or de%ise bec. it is %itiated by mista+e. 1a(e 41 o0 76



)xception' f the testator acquires it after ma+ing his will. rt. DA1.** f the thing gi%en as de%ise or legacy is not owned by the testator at the time he made the will but he orders his estate to acquire it, it is a %alid legacy or de%ise. #he testator +new that he did not own it. #here is no mista+e. 3iddle ground.** Supposing' a. #he testator +new that he did not own it.** rt. DA5 does not apply. b. #estator does not order his estate to purchase it.** rt. DA1 does not apply. $hat is the status of that legacy or de%ise ccording to #olentino, when the testator ga%e the legacy or de%ise +nowing that it is not his, there is an implied order to the estate to acquire it. pply rt. DA1 by analogy. t the %ery least, there is a doubt and doubts are resol%ed in fa%or of %alidity. Se''a vs. As"&enta, 49 Phi' 333 D

Law Go"e)ning #o)$ ' As to 4i$e of E-ecution

Article 7!5. The validity of a will as to its form depends upon the observance of the law in force at the time it is made. (n)

Balane: 1. ormal alidit& a. #ime criterion.** law at the time of execution; subsequent laws cannot apply retroacti%ely. b. Place criterion.** 8nder rt =1>*=16, fi%e (> choices are a%ailable to the testator' 1. 0itienship ". Besidence A. 4omicile ?. )xecution >. Philippines 2. ntrinsic alidit& a. #ime.** time of death bec. of rt. 666 b. Place.** @aw of citienship of decedent. +

As to Place of E-ecution

1a(e 42 o0 76



Article 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed.

=hen the acts referred to are executed before the diplomatic or consular officials of the 5epublic of the 6hilippines in a foreign country, the solemnities established by 6hilippine laws shall be observed in their execution. 6rohibitive laws concerning persons, their acts or property, and those which have for their ob;ect public order, public policy and good customs shall not be rendered ineffective by laws or ;udgments promulgated, or by determinations or conventions agreed upon in a foreign country. (''a) Article 180. The bed and bedding which the spouses ordinarily use shall not be included in the inventory. These effects, as well as the clothing for their ordinary use, shall be delivered to the surviving spouse. ('1!) Article 815. =hen a 9ilipino is in a foreign country, he is authori
Balane:

1. &our combinations as to situation' a. &ilipino ma+es a will here b. &ilipino ma+es a will abroad. c. &oreigner ma+es a will here. d. &oreigner ma+es a will abroad. ". $hat law go%erns the %alidity of will a. ntrinsic.** the national law of the testator b. #ime.** t the time of death. c. Place.** the same for &ilipinos and aliens. #he same rule where%er you ma+e your will. Kou ha%e fi%e (> choices** the law of 1. #he testators citienship ". #estators domicile A. Place of execution ?. #estators residence >. Philippines. )xample, an rgentine citien, domiciled in &rance, residing in :elgium %isiting the Phils. n 2apan, he executed a will. e may choose among the fi%e (> places as to what law shall go%ern the formal requirements of his will. 1a(e 43 o0 76



f Buben executed a will in 3a+ati, he will ha%e to follow Philippine law bec. all the choices points to that only. Article 818. Two or more persons cannot ma$e a will ;ointly, or in the same instrument, either for their reciprocal benefit or for the benefit of a third person. (")

Balane: 1. ;efinitions.= (a  >oint will is one document w/c ser%es as the will of " persons; this is prohibited; (b  reci#rocal will in%ol%es " instruments reciprocally ma+ing each other heir; this is not prohibited. 2. ?lements of a @oint
'

(a t encourages undue influence, murder, or attempt to +ill the other bec. generally, !oint wills benefit each other. (b t runs counter to the idea that wills are re%ocable. t ma+es re%ocation

more difficult. ).g., tearing it up** destroys the will of another. (c t undermines the personal element of a will.** t becomes a multiple will. 4. ?am#les: a. 7ne sheet of paper. 7n each side is a will of one person. s it %alid Kes, bec. there are " documents. b. 7ne sheet of paper. 7n the front page, on the upper half is a will of . 7n the bottom half is the will of :. s it %alid Kes. #his is not a !oint will bec. there are still " documents.

n -ermany, !oint wills are allowed only if executed by the spouses. >. #he presumption is that wills are %alid. #he fault probably is in the wording of the law. 2oint will** one instrument. $hat the law prohibits is not " wills on the same sheet of paper but !oint wills. Article 81!. =ills, prohibited by the preceding article, executed by 9ilipinos in a foreign country shall not be valid in the 6hilippines, even though authori a. 30 e=ecuted in t'e country 'ere it is alloed" ?%S" it may be probated 'ere. 1a(e 44 o0 76



b. 30 made 'ere and t'eir country allos t'em to do t'is> <'ere are # &ies on t'is: ,i- ?es" 0ollo t'e personal la. ,ii- No bec. it is a(ainst public policy.

n re i'' o Rev. Aadia, 50 *( +9,  4185

'eer vs. i, 54 Phi' 610

state o (ierson, 48 *( + 7, 2657

e'a Cerna vs. Potot, 12 SCRA 576

state o Rodri#&e, 46 *( + 2,  584 =hen omingo 5odrigue< died intestate, he was survived by his widow, #oncepcion 9elix, his children grandchildren. The widow, children and grandchildren of the deceased entered into an extra8;udicial settlement of his estate, consisting of one8half of the properties allegedly belonging to the con;ugal partnership. The widow later on questioned the validity of this extra;udicial partition, saying that she entered such contract under duress, violence and intimidation. The S# agreed with the trial #ourt that the evidence was not convincing that the contracts of transfer from the widow to her daughter, and from the latter to her mother and stepfather were executed through violence or intimidation (this was done to allegedly convert paraphernal property into con;ugal). =hat is more decisive is that duress being merely a vice or defect of consent, an action based upon it must be brought within four years after it has ceased/ and the present action was instituted only after 2 years after the intimidation is claimed to have occurred, and no less than " years after the supposed culprit died. On top of it, appellant entered into a series of subsequent transactions with appellees that confirmed the contracts that she now tries to set aside. Therefore, this cause of action is clearly barred.

E

Law Go"e)ning Content ' As to 4i$e

Article 223. 5ights to the inheritance of a person who died, with or without a will, before the effectivity of this #ode, shall be governed by the #ivil #ode of '22", by other previous laws, and by the 5ules of #ourt. The inheritance of those who, with or without a will, die after the beginning of the effectivity of this #ode, shall be ad;udicated and distributed in accordance with this new body of laws and by the 5ules of #ourt/ but the testamentary provisions shall be carried out insofar as they may be permitted by this #ode. Therefore, legitimes, betterments, legacies and bequests shall be respected/ however, their amount shall be reduced if in no other manner can every compulsory heir be given his full share according to this #ode. (5ule 'a) +

As to Successional Rigts

Article 1. 5eal property as well as personal property is sub;ect to the law of the country where it is stipulated.

:owever, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. ('!a) 1a(e 45 o0 76



state o Chritensen, 61 *( +46,  7302

state o Aos /e''is, 20 SCRA 358

Cayateno vs. Leonides, 129 SCRA 524

III

4ES4A5EN4AR7 CAPACI47 AND IN4EN4 A.

(o $a! $a8e a will*

Article 7!. &ll persons who are not expressly prohibited by law may ma$e a will. ()

Balane:

-eneral rule' ll persons ha%e the testamentary capacity to ma+e a will. )xception' ncapacity, when expressly prohibited by law' (1 disqualified by reason of age (rt. 6D6; (" disqualified by reason of mental incompetence. (rt. 6D=. Article 7!7. 6ersons of either sex under eighteen years of age cannot ma$e a will. (n)

Balane: : ow do &ou com#ute t(e a'e0 ' ccording to the dmin. 0ode, age is rec+oned according to the calendar month. Article 7!8. %n order to ma$e a will it is essential that the testator be of sound mind at the time of its execution. (n)

Balane: Soundness of mind is determined at the time of the execution of the will. Article 7!!. To be of sound mind, it is not necessary that the testator be in full possession of all his reasoning faculties, or that his mind be wholly unbro$en, unimpaired, or unshattered by disease, in;ury or other cause.

%t shall be sufficient if the testator was able at the time of ma$ing the will to $now the nature of the estate to be disposed of, the proper ob;ects of his bounty, and the character of the testamentary act. (n) Balane: 1. Soundness of mind.-- does not require that the testator be in full possession of reasoning capacity or that it be wholly unbro+en, unimpaired or unshattered. 2. t means realiation of or nowin': a. T(e nature of (is estate .** Mnow what you own. #his does not mean that the testator has to +now the description of his property in detail. t is enough that he has more or less a fairly accurate idea what his properties are. #his depends 1a(e 46 o0 76



upon the circumstances. Say Boc+efeller. #he idea is less if you owned more. the more a person owns, the more he is apt to forget what he has in detail. f you thin+ you own yala bridge and gi%es it as a de%ise, something is wrong w/ you. *. %ro#er o*>ects of (is *ount& . ** Mnow his immediate relati%es. )xperience of man+ind is that you gi%e to people who are attached to you by blood. mmediate relati%es referred to are spouses, parents, children , brothers, sisters, but not first cousins. &irst cousins usually are not +nown especially if they li%e abroad. #he nearer the relation, the more you should +now. #he farther, the less the law expects of you. f the testator can not recognie his immediate relati%es, then there is something wrong. c. C(aracter of t(e testamentar& act .** Mnow the essence of ma+ing a will. Mnow that you are' (1 ma+ing a document that disposes (freely, gratuitously of your property; (" to ta+e effect upon your death.

The burden of proof that the testator was not of sound mind at the time of ma$ing his dispositions is on the person who opposes the probate of the will/ but if the testator, one month, or less, before ma$ing his will was publicly $nown to be insane, the person who maintains the validity of the will must prove that the testator made it during a lucid interval. (n) Balane:

#his is the law on presumption of soundness of mind as of the time of the execution of the will. 9eneral rule: Presumption is for soundness of mind.** proponent of will does not ha%e to pro%e the soundness of mind of the testator. $hy #he law on e%idence says that you dont ha%e to pro%e' (1 that w/c is admitted; (" that w/c is presumed; and (A that w/c is ta+en !udicial notice of. 4isputable presumptions may be o%ercome by proof to the contrary. #here are A presumptions of law' (1 conclusi%e; (" quasi* conclusi%e w/c can be o%ercome only by specific proof; (A disputable ?ce#tion: nsanity is rebuttable presumed when'

1. rt. =55 par. ".** 7ne month or less before the ma+ing of the will, the testator was publicly +nown to be insane. ).g., , one month before ma+ing of the will was running in the Plaa 3iranda na+ed and shouting 9bagsa+O9 #his is what you mean by publicly +nown. ". f there had been a !udicial declaration of insanity and before such order has been re%o+ed. (#orres %. @ope, ?= P 66".

1a(e 47 o0 76



n these " cases, it is the proponents duty to offer e%idence to the contrary, i.e., pro%e that the ma+ing of the said will was made by the testator during a lucid inter%al. @udicial ;eclaration of nsanit& Consists of:

1.  guardian appointed by reason of insanity. (Bule DA, B70. ". f the insane was hospitalied by order of the court n either of these cases, there is a presumption of insanity. :ut once the order is lifted, the presumption ceases. )ffect' 1. Bebuttable presumption of sanity is nullified or swept away. ". #here is a rebuttable presumption of unsoundness of mind. Article 801. Supervening incapacity does not invalidate an effective will, nor is the will of an incapable validated by the supervening of capacity. (n)

/a'ane:

#his article ma+es explicit what was mentioned in rt. =55. #he requirement is that sanity should exist only at the time of execution. Subsequent insanity does not affect the %alidity of the will nor an in%alid will be %alidated by the reco%ery of the senses of the testator. Article 802. & married woman may ma$e a will without the consent of her husband, and without the authority of the court. (n) Article 803. & married woman may dispose by will of all her separate property as well as her share of the con;ugal partnership or absolute community property. (n)

Balane: inds of
(1  ordinar& or notarial will w/c requires an attestation clause, an ac+nowledgement before a notary public; (" (olo'ra#(ic will w/c must be entirely written, dated and signed in the handwriting of the testator. : ow a*out ,on-cu#ati/e
' #hey are not allowed by the <00. #his +ind of will is an oral will made by the testator in contemplation of death. #his is allowed among 3uslims only. Common Requirements for *ot( inds of wills:

1. t must be in writing ". )xecuted in the language or dialect +nown to the testator. : <(at ind of lan'ua'e0

' t must be a language 1a(e 48 o0 76



(a spo+en by a substantial number of persons; (b must ha%e been reduced to writing and (c fairly substanti%e body of literature : <(at is a dialect

'  dialect is a %ariation of tongue. B.

Supe)"ening incapacit!.

Article 801. Supervening incapacity does not invalidate an effective will, nor is the will of an incapable validated by the supervening of capacity. (n)

/a'ane:

#his article ma+es explicit what was mentioned in rt. =55. #he requirement is that sanity should exist only at the time of execution. Subsequent insanity does not affect the %alidity of the will nor an in%alid will be %alidated by the reco%ery of the senses of the testator. IV

SOLE5NI4IES O# (ILLS A.

3ind of (ills

Article 804. 7very will must be in writing and executed in a language or dialect $nown to the testator. (n)

Balane: Requirements:

1. n writing but no specific form is required. t could be in a marble glass or on a wall, so long as there was testamentary capacity. ". $ritten in a language or dialect +nown to the testator. Suroa /. onrado.** #he issue here is whether the will, w/c was written in )nglish is %alid. #he S0 ruled that it is not. #he testatrix does not +now )nglish, being an gorot and an illiterate. 7b%iously, the will is %oid, bec. of non*compliance w/ rt. =5?. n a will, can you conclude that it is %oid where in the attestation clause, it was stated that the will was read and translated to &ilipino #he law does not require translation nor interpretation of the language to the testator but that he himself personally understands the said language. : s it necessar& for a will to state t(at t(e testator new t(e lan'ua'e0 '
1a(e 49 o0 76



Article 810. & person may execute a holographic will which must be entirely written, dated, and signed by the hand of the testator himself. %t is sub;ect to no other form, and may be made in or out of the 6hilippines, and need not be witnessed. (*2, 22a)

Balane: A. AdD;isad Ad/anta'es:

1. 0heaper, simple, easier to re%ise, no notary public needed ". bsolute secrecy is guaranteed* only you, the father and the members of the family will +now its contents. ;isad/anta'es:

1. Precisely bec. it guarantees secrecy and is simpler, it is also easier to falsifyless people you need to collude w/** only yourself, but in attested will, you need at least four (? other people. ". t may not express testators wishes due to faulty expression A. . )asier to conceal than an attested will.** you can allege that no will was made C. -enerally, danger of ambiguity is greater than in attested wills.** bec. testator is not a lawyer, he may not understand technical and legal words. n attested will, the testator is assisted by a lawyer. 2:@ Beyes opines that the disad%antages outweigh the ad%antages. e suggested a middle ground, a mystic will (testamento cerrado. t is not as strict as a notarial will, but not as fraught w/ ris+s as a holographic will. #his +ind of will is sealed in an en%elope and brought to the notary who puts his seal and signs to authenticate, and it will be opened only upon the death of the testator. #his +ind of will minimies the ris+ of fraud and protects the pri%acy of the testator. B. Real Requirements.-- +A,;AT)RE.-- must *e *& t(e (and of t(e testator (imself. 1.
).g.,

(a f partly by the testator and partly by another person, E74 (b f another person wrote an additional part w/o +nowledge of the testator, the will is E@4 but the addition is E74. (c f another person wrote an additional part w/ the +nowledge of the testator, E74.

2. ;ated

a. 0ases (1  Roas /. de @esus.** 7n the will, the date was written as 9&eb./ C1.9 s it %alid Kes. -eneral rule' 4ay, month and year must be indicated. )xception' $hen there is no appearance of fraud, bad faith, undue influence, and pressure and the authenticity of the will is established, 1a(e 50 o0 76



and the only issue is whether or not 9&eb./C19 is %alid, then it should be allowed under the principle of substantial compliance. 0733)<#'  am not happy w/ the decision bec. the period co%ers one whole month. 7ne of the purposes is to +now when it was executed, specially in the cases where there are other wills. )xample, another will dated &eb. 16/ C1. s such, it is dangerous to say that 9&eb./C19 is sufficient. (" Fa*rador /. Ca.** n this case , the date was indicated in the body of the will as part of the narration. s this %alid Kes. t is not necessary that the will be separate from the body. n fact, it can be anywhere in the will as long as the date appears in the will. b. f the date is pro%en wrong, then its %alidity depends on whether the error is deliberate or not. f deliberate, the will is considered not dated and the will is %oid. f not deliberate, the date will be considered as the true date. c. 4ate is usually written by putting the day, month, and year. owe%er, other ways may be adopted such as 90hristmas day of 1DD>.9 3. Si'nature.** 0ommentators ha%e said that the signature must consist of the testators writing his name down. #he reason for this is since he is able to write his will, then he is literate enough to write his name. C. DA

1. re holographic wills in letters allowed Kes, pro%ided there is an intent on the part of the testator to dispose of the property in the letters and the A requisites are present. ).g., 9 gi%e you 1/" of my estate as pro%ided for in the document  +ept in the safe.9 #his is EnotF a holographic will bec. the letter does not in itself dispose of the property. ". 0an a blind testator ma+e a holographic will Kes. #here is no form required. $hat is important is the presence of the A requisites. B.

Nota)ial (ills '. Gene)al Re/ui)e$ent

Article 804. 7very will must be in writing and executed in a language or dialect $nown to the testator. (n)


1. n writing but no specific form is required. t could be in a marble glass or on a wall, so long as there was testamentary capacity. ". $ritten in a language or dialect +nown to the testator. 1a(e 51 o0 76



Suroa /. onrado.** #he issue here is whether the will, w/c was written in )nglish is %alid. #he S0 ruled that it is not. #he testatrix does not +now )nglish, being an gorot and an illiterate. 7b%iously, the will is %oid, bec. of non*compliance w/ rt. =5?. n a will, can you conclude that it is %oid where in the attestation clause, it was stated that the will was read and translated to &ilipino #he law does not require translation nor interpretation of the language to the testator but that he himself personally understands the said language. : s it necessar& for a will to state t(at t(e testator new t(e lan'ua'e0 '
S&roa vs. onrado 110 SCRA 381 +. Specific Re/ui)e$ent Article 805. 7very will, other than a holographic will, must be subscribed at the end thereof by the testator himself or by the testator4s name written by some other person in his presence, and by his express direction, and attested and subscribed by three or more credible witnesses in the presence of the testator and of one another.

The testator or the person requested by him to write his name and the instrumental witnesses of the will, shall also sign, as aforesaid, each and every page thereof, except the last, on the left margin, and all the pages shall be numbered correlatively in letters placed on the upper part of each page. The attestation shall state the number of pages used upon which the will is written, and the fact 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, and that the latter witnessed and signed the will and all the pages thereof in the presence of the testator and of one another. %f the attestation clause is in a language not $nown to the witnesses, it shall be interpreted to them. (n) Balane: A. ourt( %ara'ra#(.-- now t(e lan'ua'e

1. :ody of the will.** testator ". ttestation clause a. #estator.**
1. Par. 1.**
1a(e 52 o0 76



". Par. ".**
a. Subscribe.** literally means 9to write ones name.9 Sign means 9to put a distincti%e mar+9 (this is the better term to use. b. Signing.** by writing his own name; a person may sign in other ways (i +atias /. Salud .** #he testator signed affixing her thumb mar+ on the will, this is because he can no longer write due to sic+ness/ disease called herpes oster, cold, physical infirmity. s this a sufficient signature Kes.  thumb mar+ is a sufficient signature of the testator. n fact, it is always and under any and all circumstances a %alid way to sign a will. Beason' t is less posssible to forge.  thumb mar+ is always a %alid way of signing whether literate or illiterate. owe%er, there is also the danger of falsifying it by affixing the thumb of a newly dead person. L' $hat if the testator has no disease but signed in his thumb mar+ ' #his will do bec. thumb mar+ is a sufficient signature under all circumstances. #he contro%ersy is that what if after the testator affixed his thumb mar+, another person signed on her behalf. ttestation clause does not state this.  mean, it would not appear in the attestation clause. #he S0 said that the person signing on his behalf is not an agent and besides it was already signed by the testator affixing his thumb mar+ and to state this (the affixing of the thumb mar+ in the attestation is a mere surplusage. (ii 9arcia /. de la Cuesta .** #estator signed w/ a cross. s this %alid


8sually, they are the same. :ut if different, then either will do. $hat if after the signature, some clauses follow $hat is the effect of the said clauses to the will f annuls or ma+es the whole %oid bec. of the non*compliance w/ rt. =5>.Eunli9e in 'olo(rap'ic ill" it may be &alidated by si(nin( and datin( at t'e end o0 t'e subsequent clauses ,t'e one a0ter t'e 0irst si(nature-F e. #estator directs another to sign his name. (i &our cases' #estator* ; gent* : a. 9:9 is not %alid b. 99 handwritten 9by :9 typewritten is %alid c. 99 typewritten 9by :9 handwritten is not %alid. d. 99 is %alid (ii 0ases' a. :arut %. 0abacungan.** Bequirements' (1 agent must write the name of the testator by hand; (" ad%isable if the agent write his name also. b. :alonan %. bellana.** #he witness signed his name abo%e the typewritten words 9por la testadora nacleta bellana.9 #he S0 held that the testators name be written by the agent signing in his stead in the place where he would ha%e signed if he were able to do so. t is required that the witness write the testators name in the testators presence and under her express direction. (iii #he agent must sign where the testators signature should be. (i% Purpose of the rules' to test the authenticity of the agency. t is an added safeguard to minimie fraud. f. #estator must sign in the presence of witnesses (i &our cases' #estator.** ; $itnesses.** :, 0, 4 a.  signs w/ : breathing on her face. s it signing in the presence of the testator K)S. b.  signs while : is tal+ing to 0. : can see  through peripheral %ision. s  signing in : s presence K)S c.  signs while : is tal+ing to 0 w/ :s bac+ to . s it signing in :s presence K)S. d. : goes out and stands behind the wall. e cannot see . : is also tal+ing to &. s a signing in :s presence <7. (ii ,era /. Rimando.** ctual seeing is not required. $hat is required is that the person required to be present must ha%e been able to see the signing, if he wanted to do so, by casting his eyes in the proper direction. is line of %ision must not be impeded by a wall or curtain. #his is a question of fact for the lower court to determine. :lind witnesses are therefore disqualified. 2. Attested and su*scri*ed *& at least t(ree credi*le witnesses in t(e testatorGs #resence and of one anot(er.

a.LQ 1a(e 54 o0 76



L' 0an the testator sign first not in the witness presence, then let the witnesses sign ' requires that the testator should sign at their presence (Eda. de Bamos case. #here is some inconsistency here but we ha%e to follow rt. =5>. L' 0an the %alidity be affected if the witness signed ahead of the testator '
ttestation **%isual act **witness

(%s

Subscribing ** manual act ** sign

#he three witnesses must do both attesting and subscribing. c. $here must witnesses sign #his is not clear. Ta*oada /. Rosal.** n this case, the witnesses signed at the left hand margin. Petitioner contended that they should ha%e singed at the same place where the testator signed, that is, at the bottom of the end of the will. #he S0 was liberal. #he purpose of signing at the end is to pre%ent interpolation. #he ob!ect of attestation and subscription which is for identification, was met when the witnesses signed at the left hand margin of the sole page w/c contained all the testamentary dispositions. (#his concerned a "*page will w/ the first page containing all the dispositions and the second page the attestation and ac+nowledgement. #he will was signed by the witnesses at each and e%ery page thereof.

@iteral requirement.** witnesses must also sign at the end/ last page n the case.** as long as signed in the margin, 7M
a. Purpose.** to pre%ent the disappearance of the pages. b. 9)%ery page except the last.9 $hy not the last :ec. it will already be signed at the bottom. c. @eft hand margin.** requirement was made when right hand was not !ustified when typed. d.
#his is the same as number A. 1a(e 55 o0 76



$itnesses may sign anywhere as long as they sign casiano /. casiano.** n the will submitted for probate, one page was not signed by one of the witnesses. Such failure to sign was due to inad%ertence since in the copy, all pages were signed. #he S0 held that this was not a fatal defect. 0onsidering the circumstances, the fact that the other requirement was complied with, and the notarial seal coincided w/ the third page during the sealing, then the will could be probated. 8nusual circumstances w/c existed in the case'

(1 there was another copy (" inad%ertence/ o%ersight (A because of the notarial seal. #he presence of these facts led the S0 to allow the will. #he general rule, howe%er, is that, the failure to sign any page is a fatal defect. $. All #a'es must *e num*ered in letters on t(e u##er #art of t(e #a'e.

a. 3andatory.** there must be a method by w/c the sequence of the pages can be +nown; to pre%ent an insertion or ta+ing out of a page. b. 4irectory (i 3anner it is numbered* letters, numbers, rabic, roman numerals, etc.; any con%entional sequence of symbols is allowed (ii 8pper part !. Attestation Clause.

a. #hree things that must be stated' (i the number of pages in the will; (ii the fact that the testator or his agent signed the will in e%ery page thereof in the presence of the instrumental witnesses; and (iii that the instrumental witnesses witnessed and signed the will and all the pages thereof in the presence of the testator and one another. b. ttestation clause is not a part of the will proper bec. if contains no dispositions. t is merely essential for the formal requirements of a %alid will. t is a statement of the witnesses. c. $here must witnesses sign t the bottom in order to pre%ent additions. 0agro %. 0agro.** n the case, the page where the attestation clause appears was signed by the witnesses on the side and not after the attestation clause. #he S0 held that this was a fatal defect. #he logic is that if there had been no signature at the bottom but on the sides, there will be ample room for fraud, that is, to add in the attestation clause upon the death of the decedent an essential matter w/c was not there in the first place to %alidate it.; d. 3ust the language of the will be understood or +nown by the witnesses
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L' s it required that the witnesses +new the language of the attestation clause' ' . #he law encourages not discourages will ma+ing. Precisely bec. it wanted to encourage wills. t sets up safeguards to protect the will. e. 3ust the testator sign the attestation clause
L' 3ust an attested will be dated '
Balane:

1. Cru /. illasor .** #his case in%ol%es a will wherein the notary public was also one of the three instrumental witnesses. 4id the will comply w/ the requirement of A witnesses


same occasion. c+nowledgement may be %alidly done after execution. n fact, the testator and the witnesses do not ha%e to ac+nowledge together. Kou can ac+nowledge one by one. #he law does not require it to be made simultaneously. s long as the testator maintains his testamentary capacity and the witnesses maintain their witnessing capacity until the last person ac+nowledges, then the will is %alid. owe%er, if the testator dies before the last person ac+nowledges, then the will is not %alid. #he will is considered as being unac+nowledged . ?. Luestions. L1' 0an a witness be an agent who will sign for the testator 1' (a Kes. #here is no prohibition. (b
/a'onan vs. Ae''ana 109 Phi' 358 ;era vs. Riando 18 Phi' 450

"asiano vs. "asiano 11 SCRA 422

Cr& vs. !i''asor 54 SCRA 31

(a&"an vs. )anta 95 SCRA 752

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%ave''ana vs. Ledesa 97 Phi' 258 (itness to a (ill a. (o a)e co$petent* Article 820. &ny person of sound mind and of the age of eighteen years or more, and not blind, deaf or dumb, and able to read and write, may be a witness to the execution of a will mentioned in article 2! of this #ode. (n) Article 821. The following are disqualified from being witnesses to a will-

(') &ny person not domiciled in the 6hilippines/ () Those who have been convicted of falsification of a document, per;ury or false testimony. (n) Balane:

rticles ="5 and ="1 may be ta+en together. #hese pro%isions are applicable only to attested wills and not to holographic wills. Si ualifications of
a. Sound 3ind.** bility to comprehend what he is doing, same as soundness of mind for contracts. b. t least 1= yrs or o%er. ** 0omputed according to the calendar year. c. choices as to w/c law go%erns. 0hoose any. ". 2ust execute a holographic will. f. e must not ha%e been con%icted of falsification of document, per!ury or false testimony. L' $hy not rape 1a(e 59 o0 76



' :ec. chastity has nothing to do w/ truthfulness. #ruthfulness is the gauge. 9onales /. CA.** n the case, the oppossitor of the probate alleged that the will cannot be probated bec. the proponent was not able to pro%e that the A witnesses were credible. She claims that rt. =5> requires that witnesses must be credible as shown in the e%idence of record. s the oppossitor correct
(ona'es vs. CA 90 SCRA 183 %. Supe)"ening inco$petenc! Article 822. %f the witnesses attesting the execution of a will are competent at the time of attesting, their becoming subsequently incompetent shall not prevent the allowance of the will. (n)

Balane: 0ompetency or capacity to be a witness' (1 is determined at the time of witnessing; (" must ha%e the six qualifications. n effect, this is the same rule in testamentary capacity. c. Co$petenc! of inte)ested witness Article 823. %f a person attests the execution of a will, to whom or to whose spouse, or parent, or child, a devise or legacy is given by such will, such devise or legacy shall, so far only as concerns such person, or spouse, or parent, or child of such person, or any one claiming under such person or spouse, or parent, or child, be void, unless there are three other competent witnesses to such will. :owever, such person so attesting shall be admitted as a witness as if such devise or legacy had not been made or given. (n)

Balane:

#his is a misplaced pro%ision. t should not be put here but on the section on the disqualification to inherit. t does not tell us that it incapacitates a witness. t tells us of the incapacity of a witness to succeed. -eneral rule' $itness, his spouse, parent, child, or person claiming under any of them cannot inherit. )xception' #here are three other witnesses to the will. ).g.' (a #estator , $itnesses :, 0, 4. t is presumed that they are all qualified to be witnesses. , in a will, ma+es legacy to :, gi%ing him a car. 4oes it disqualify : to be a witness 1a(e 60 o0 76



Balane:

#his pro%ision lists down a special requirement if a notarial will is executed by a deafmute testator. 1. #here are two cases contemplated' (1 f the testator can read, then he must read the will personally; (" f illiterate, then " persons must read the will and communicate to him the meaning of the will in some practicable manner. ". #he law is not clear if the " persons reading it to him would do it separately or in consonance. A. #hese additional requirements are mandatory by perfect analogy to the case of -arcia %. Easque.. Article 808. %f the testator is blind, 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 ac$nowledged. (n)

Balane:

1. f the testator is blind, the will must be read to him twice' (1 by one of the subscribing witnesses; and (" by the notary public, not necessarily in that order. ".

a. s the pro%ision mandatory Kes. f this is not followed, the will is %oid. (-arcia %. Easque. n the case, the will was read to the testator only once. #he S0 denied probate of the will for failing to comply w/ the requirements of rt. =5=. Such failure is a formal defect. b. 0an this be presumed


A. Purpose' #he reading is mandatory for the purpose of ma+ing +nown to the testator the pro%ision of the will so that he may ob!ect if it is not in accordance w/ his wishes. (ar"ia vs. !as=&e 32 SCRA 489 6. Su%stantial Co$pliance Article 80!. %n the absence of bad faith, forgery, or fraud, or undue and improper pressure and influence, defects and imperfections in the form of attestation or in the language used therein shall not render the will invalid if it is proved that the will was in fact executed and attested in substantial compliance with all the requirements of article 2!. (n)

Balane:

#his is a liberaliation rule, an attempt to liberalie rticles =5? to =5=. Substantial compliance w/ rticles =5> and =5C will %alidate the will despite some defects in the attestation clause. @oo+ing at rt. =5D, you get the impression of utmost liberaliation. $e can not determine how liberal we can be or can we go. #his article does not gi%e a clear rule. 2:@ Beyes and #olentino suggest that you ma+e a distinction. -uide' f the defect is something that can be remedied by the %isual examination of the will itself, liberalie. f not, then you ha%e to be strict. llustration' f in an attestation clause, the number of pages used was not stated, then you can liberalie bec. by examining the will itself, you can detect the defect. #his is bec. the pagination of statement in the attestation clause is merely a double chec+. f the attestation clause failed to state that 9the testator signed in the presence of witnesses,9 and this can not be remedied by %isual examination of the will, then you need to be strict. Suggested amendment of the law' 9f such defect and imperfections can be supplied by examination of the will itself and it is pro%ed.9 C. olog)apic (ills '. Gene)al Re/ui)e$ent Article 804. 7very will must be in writing and executed in a language or dialect $nown to the testator. (n)


1. n writing but no specific form is required. t could be in a marble glass or on a wall, so long as there was testamentary capacity. ". $ritten in a language or dialect +nown to the testator. 1a(e 62 o0 76



Suroa /. onrado.** #he issue here is whether the will, w/c was written in )nglish is %alid. #he S0 ruled that it is not. #he testatrix does not +now )nglish, being an gorot and an illiterate. 7b%iously, the will is %oid, bec. of non*compliance w/ rt. =5?. n a will, can you conclude that it is %oid where in the attestation clause, it was stated that the will was read and translated to &ilipino #he law does not require translation nor interpretation of the language to the testator but that he himself personally understands the said language. : s it necessar& for a will to state t(at t(e testator new t(e lan'ua'e0 '
Balane: A. AdD;isad Ad/anta'es:

1. 0heaper, simple, easier to re%ise, no notary public needed ". bsolute secrecy is guaranteed* only you, the father and the members of the family will +now its contents. ;isad/anta'es:

1. Precisely bec. it guarantees secrecy and is simpler, it is also easier to falsifyless people you need to collude w/** only yourself, but in attested will, you need at least four (? other people. ". t may not express testators wishes due to faulty expression A. . )asier to conceal than an attested will.** you can allege that no will was made C. -enerally, danger of ambiguity is greater than in attested wills.** bec. testator is not a lawyer, he may not understand technical and legal words. n attested will, the testator is assisted by a lawyer. 2:@ Beyes opines that the disad%antages outweigh the ad%antages. e suggested a middle ground, a mystic will (testamento cerrado. t is not as strict as a notarial will, but not as fraught w/ ris+s as a holographic will. #his +ind of will is sealed in an en%elope and brought to the notary who puts his seal and signs to authenticate, and it will be opened only upon the death of the testator. #his +ind of will minimies the ris+ of fraud and protects the pri%acy of the testator.

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B. Real Requirements.-- +A,;AT)RE.-- must *e *& t(e (and of t(e testator (imself. 1.
).g.,

(a f partly by the testator and partly by another person, E74 (b f another person wrote an additional part w/o +nowledge of the testator, the will is E@4 but the addition is E74. (c f another person wrote an additional part w/ the +nowledge of the testator, E74.

2. ;ated

a. 0ases (1  Roas /. de @esus.** 7n the will, the date was written as 9&eb./ C1.9 s it %alid Kes. -eneral rule' 4ay, month and year must be indicated. )xception' $hen there is no appearance of fraud, bad faith, undue influence, and pressure and the authenticity of the will is established, and the only issue is whether or not 9&eb./C19 is %alid, then it should be allowed under the principle of substantial compliance. 0733)<#'  am not happy w/ the decision bec. the period co%ers one whole month. 7ne of the purposes is to +now when it was executed, specially in the cases where there are other wills. )xample, another will dated &eb. 16/ C1. s such, it is dangerous to say that 9&eb./C19 is sufficient. (" Fa*rador /. Ca.** n this case , the date was indicated in the body of the will as part of the narration. s this %alid Kes. t is not necessary that the will be separate from the body. n fact, it can be anywhere in the will as long as the date appears in the will. b. f the date is pro%en wrong, then its %alidity depends on whether the error is deliberate or not. f deliberate, the will is considered not dated and the will is %oid. f not deliberate, the date will be considered as the true date. c. 4ate is usually written by putting the day, month, and year. owe%er, other ways may be adopted such as 90hristmas day of 1DD>.9 3. Si'nature.** 0ommentators ha%e said that the signature must consist of the testators writing his name down. #he reason for this is since he is able to write his will, then he is literate enough to write his name. C. DA

1. re holographic wills in letters allowed Kes, pro%ided there is an intent on the part of the testator to dispose of the property in the letters and the A requisites are present. ).g., 9 gi%e you 1/" of my estate as pro%ided for in the document  +ept in the safe.9 #his is EnotF a holographic will bec. the letter does not in itself dispose of the property. 1a(e 64 o0 76



". 0an a blind testator ma+e a holographic will Kes. #here is no form required. $hat is important is the presence of the A requisites. Article 812. %n holographic wills, the dispositions of the testator written below his signature must be dated and signed by him in order to ma$e them valid as testamentary dispositions. (n)

Balane: #o authenticate additional dispositions, the same must be signed and dated by the testator. Article 813. =hen a number of dispositions appearing in a holographic will are signed without being dated, and the last disposition has a signature and a date, such date validates the dispositions preceding it, whatever be the time of prior dispositions. (n)

Balane:

f a will has se%eral additions, the testator has two options' (1 Sign each disposition and sign and date the last; or (" Sign and date each one of the additions. Article 814. %n case of any insertion, cancellation, erasure or alteration in a holographic will, the testator must authenticate the same by his full signature. (n)

Balane: nsertion" Cancellation" ?rasure" or Alteration.-- uthenticate by signature,9 that is, in the manner the testator usually signs his name.

9full

alaw /. Relo/a.** n the case, there were " alterations. n the first alteration, the name of Bosa as sole heir was crossed out and -regorios name was inserted. n the second alteration, the name of Bosa as executor was crossed out and -regorios name was inserted. #he second alteration was initialed. re the alterations %alid
lteration 1'
Notes on Succession/Outline: Atty. Crisostomo A. Uribe/Supplied by: Apordo; Guasque; and Mabbun to ha%e the testator and notary public sign. Roas vs. e %es&s 134 SCRA 245

>a'a? vs. Re'ova 132 SCRA 237

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Succession....

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