WILLS AND SUCCESSION Lectures of Atty. Lielanie C. Yangyang, C.P.A
Art 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.
Art 775. In this Title, “decedent” is the general term applied to the person whose property is transmitted through succession, whether or not he left a will. If he left a will, he is also called the testator.
Art 776. The inheritance includes all the property, rights and obligations of a person which are not extinguished by his death.
RIGHTS
1. Purely Personal Rights GENERAL GENERAL RULE: Not Transmissible; Transmissible; extinguished by death. EXCEPTION: Transmissible;
Art 173 FC – The action to claim legitimacy may be brought by the child during his lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity. In these cases, the heirs shall have a period of five years within which to institute the action. (Conde v. Abaya 13 P240) Examples: Rt. to Parental Authority Marital Rights Rt. of a Chinese Merchant (Hu Nio v Collector 34 P 433) Rt. to vote
2. Rights which are Patrimonial in character Q: What is a Patrimonial Right? A: Rights which are referring to property. GENERAL RULE: TRANSMISSIBLE Examples: Action for forcible/unlawful forcible/unlawful detainer Action to compel the execution of document (NB Art 1357) Action to recover property Action to enforce civil liability arising from crime. EXCEPTIONS: 1. Those rights even if Patrimonial but are extinguished by death as provided by law or agreement by the parties. As Provided by law: 1. Art 603 NCC 2. Agen Agency cy (Art (Art 191 1919 9 NCC NCC)) 3. Rt to be a partne partnerr (art (art 1830-5 1830-5 NCC) NCC) 4. Comm Commod odat atum um (art (art 195 1959 9 NCC NCC)) 5. Right Right to clai claim m annui annuity ty (ar (artt 2027 2027 NCC) NCC) 6. Rt to Guar Guardia diansh nship ip eithe eitherr by proper property/ ty/war ward d 7. Rt to revo revoke ke don donat atio ion n 8. Rt to contin continue ue a contra contract ct of of lease lease 9. Rt. to Tenan Tenancy cy – not extinguish extinguished ed by death (Robl (Robles es v. Batacan Batacan 154 S 644) 644) – RA #3844 – prevai prevailing ling rule; rule; In order for right to tenancy to be enforced, there must be election as to who should succeed in such right. If no selection is made, then right to tenancy is NOT transmissible. transmissible.
SAN AGUSTIN v. CA Dec 4, 20001 Ruling: Obligations arising from sale is transmissible. ALVARZ v. IAC May 7, 1990
1
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Facts: parcel of land land sold to: Yanes Yanes – Rufino – Alvarez Alvarez – Siason Siason Issue: Are the heirs of Siason and Alvarez oblige to deliver the property back to the Yanes’? Ruling: Yes. If the property itself could not be delivered then the monetary value thereof.
OBLIGATIONS
GENERAL RULE: TRANSMISSIBLE EXCEPTIONS: 1. PURE PURELY LY PERS PERSON ONAL AL ; 2. NON-T NON-TRAN RANSF SFER ERRA RABL BLE E BY LAW; LAW; 3. NON TRANSFERRABLE TRANSFERRABLE BY CONTRACT CONTRACT OR AGREEME AGREEMENT NT BETWEEN BETWEEN THE PARTIES. PARTIES. Examples of obligations extinguished by death: 1. Obli Obliga gati tion on to pay pay tax taxes es 2. crim crimin inal al liab liabil ilit ity y 3. Rt to to giv givee sup suppo port rt Q: What about obligation to pay debts? A: 2 views: 1. Debts are NOT transmissible . It is actually the estate of the deceased deceased which pays the debts and the remainder is just distributed distributed among the heirs. heirs. Another argument to support this is that, for example, if the debts are worth P150T and the estate is only worth P100T, so the remaining P50T should no longer be shouldered by the heirs. 2. Debts ARE transmissible. It is because the shares of the heirs are diminished or reduced by virtue of the payment of the debts. In our example, if the estate is worth P150T and the debts are worth P200T, so how come that the debts are transmissible when in fact, the heirs can no longer be obliged to pay the remaining P50T? It is explained by the article itself, the transmission is only TO THE EXTENT OF THE VALUE OF THE INHERITANCE. You can subscribe to either view but cases and authors prefer the 2 nd view.
LEDESMA v. MCLACHLIN 66 P547 Facts: Lorenzo Mclachlin is indebted to 3 rd person. But Lorenzo Lorenzo before he was able able to pay the debt, he died. died. But when when he died, he had no propert property. y. Theoreti Theoreticall cally, y, there should should have been been successio succession n between between Lorenzo Lorenzo and Anna. So Anna should should have have inherited inherited from from Lorenzo. Lorenzo. But because Lorenzo had had no properties, Anna did not inherit inherit anything from from Lorenzo.
Issue: Can the 3rd person claim from Anna? Ruling: No. He cannot because Lorenzo did not transmit anything to Anna and the inheritance is only to the extent of the value. So, for example, Lorenzo had debts. The value of the inheritance should should only be to the value value of the debts. debts. But there there was no propert property y left. So the value value of the inheritance is zero. The debts cannot be enforced against Anna because Anna inherited nothing. Now, when Mclachlin died, Lorenzo already predeceased him. So there was no succession between Lorenzo and Mclachlin precisely because Lorenzo died ahead of Mclachlin. So, Anna being the child of Lorenzo, represented Lorenzo. She was the one who inherited from Mclachlin. In this case, what what was being settled settled was not the estate estate of Lorenzo. Lorenzo. It was the estate estate of rd Mclachlin. Mclachlin had had no debts to the 3 person. So during the settlement settlement of his estate, no debts from this 3 rd person could possibly possibly be enforced from the estate estate of Mclachlin. So from the time Mclachl Mclachlin in died, Lorenzo Lorenzo was already already out of the picture. picture. No property property of Lorenzo was transmitted to his his heirs because he had no property property and he died ahead. So the 3 rd person cannot claim either from the estate of Mclachlin neither it would claim any from Anna.
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had no rights to the succession. succession. So there is no right to succession succession which he could possibly pass pass on to his heirs. The proper term here here is, the rights rights to the succession succession are MADE MADE EFFECTIVE EFFECTIVE from from the moment of of death of the decedent. Q: Prior to the decedent’s death, can the future heirs claim any thing from the property of the decedent? Can you claim the properties of your parents while your parents are still alive? A: No. While your parents are still still alive, their properties properties are owned by them. What you have over the properties is merely an INCHOATE INCHOATE RIGHT RIGHT or an EXPECTANCY. EXPECTANCY. So, it is not an absolute absolute right. It is merely an expectancy. expectancy. You expect to receive these properties properties if your parents die ahead ahead of you. If you die ahead of your parents, then you do not get anything from your parents.
FELIPE v. HEIRS OF ALDON Feb 16, 1983 Issue: if the father was still alive, do the heirs may asked for the annulment of the contract? Ruling: No. During the lifetime of their father, the heirs merely have an inchoate rights over the properties.
CONDITION CONDITION for the transmission of Successional rights:
1. 2. 3.
There here shou hould be DEATH. It is either Actual and Presumed. That That right rights/p s/prop roper ertie tiess are are indee indeed d TRANSMISSIBLE/DESCENDIBLE. The The tran transf sfer eree ee is is stil stilll ALIVE. Alive because if you die ahead of your parents parents then you would not inherit anything from your parents. parents. It should be the parents who should inherit inherit from you, if you had no children. children. You should also be WILLING to accept because generosity cannot be imposed. The heirs must accept the inheritance before it is transmitted transmitted to them. If the heirs repudiate the inheritance, inheritance, then they are deemed not to have received the properties which are in the inheritance. You must also be CAPACITATED to inherit.
CONDITIONS FOR TRANCMISSION OF SUCCESSIONAL RIGHTS There must be death, transmission, acceptance, the transferee must be alive, willing and capacitated to inherit.
EFFICIENT CAUSE FOR TRANSMISSION OF SUCCESSIONAL RIGHTS If there is a will then it is the will which is the efficien efficientt cause of succession succession.. It is the cause cause why you succeed the will. However, if the person dies dies without a will, then it is the presumed will of the decedent which is the efficient cause of succession. Presumed will will because there is no will. But the law presumes that if the decedent had a will, then he would have dispose of the properties in the manner which the State provides provides for. Thus, for example, the State assumes that the decedent had a will then he woul ould reall eally y pro provide vide for his chi childre ldren n and wife/husband.
Q: We talked about death, what is Actual death? A: All of us know what it is, physical death. When you are physically out of this world, you are physically dead. Q: What is Presumed Death? A: It is discussed in article 390 and 391 of the NCC. Under Ordinary Circumstances (OC), 10 years. But if he disappeared after the age of 75 then, after 5 years. Under Extraordinary Circumstances (EC), 4 years. Q: When should you reckon the moment of death? A: In case of OC, it IS AFTER 5 years or 10 years. In case of EC, it is from the moment of disappearance. Q What if the father and his son died in the same accident and you do not know which of the two died first? A: Art 43. NCC – If there is doubt, as between two or more persons who are called to succeed each other, other, as to which of them died first, whoever whoever alleges alleges the death of one prior to the other, shall prove the same; in the absence of proof, it is presumed that they died at the same time and there shall be no transmission of rights from one to the other. Under that circumstance, it cannot be determined who died ahead and there is a rule that no one should inherit from one another. If you alleged that the father died ahead of the son or the son died ahead of the father, you must PROVE which of them died ahead. ahead. The law does not presume which of the two died ahead.
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In articles articles 390 and 391, there’s there’s merely merely absence. absence. There There is no proof of death. So in that case, case, you can presume that after 5 years the father died and the son died after 10 years. But if they died in a plane crash and you have before your eyes their dead bodies, all you have to do is to determine which of the two who died first, then you must have to prove which of them died first because in that case, there is no presumption which of them died first. Note that art 391 provides for certain circumstances by which you will conclude whether or not a person dies already. But art 391 provides only only for presumptions. If there are circumstances circumstances which point to the the time of the actual death of the person then that time wherein there is proof should be followed and not the presumptions. Anyway, art 390 and 391 provide for presumption. Being presumptions, they are rebuttable by presentation of evidence to the contrary.
EMNACE v. CA November 23, 2004 Facts: Tabanao Tabanao was a partner partner in the partnershi partnership. p. He and his partners decided decided to dissolve dissolve the partnership. So with the dissolution of the partnership, should come the accounting of the assets, income, liabilities liabilities and properties as well as the distribution of these assets to the partners. Throughout the existence of the partnership, Tabanao was never provided with any copy of the statement of assets and liabilities liabilities of the partnership. partnership. He was never given any share in the partnership and there there was no liquidation/account liquidation/accounting ing of the partnership. partnership. After After they they agree agree to dissol dissolve ve the partne partnersh rship ip but before before the actual actual liqui liquidat dation ion & distribut distribution ion of the partners partnership, hip, Tabanao Tabanao died. Because Because he died, his partners partners were not able to deliver to him his share in the assets and the partners were not able to render accounting to Tabanao. The wife of Tabanao brought an action for accounting, payment of shares, etc. the partners contended that the wife had no legal capacity to sue because she was never appointed as administratrix administratrix of the property.
Issue: Did the wife have legal capacity to bring action for accounting, payment of shares and damages? Ruling: Yes. Under art. 777, from the moment of death of Tabanoa, his rights in the partnership especially the right to partition, accounting and delivery, liquidation of properties pass on to his heirs, his wife and children. These rights are not personal rights, just like the right right to be partner. It is different. different. When you say the right to become a partner partner is transmitted, transmitted, that that involves involves the qualif qualifica icatio tion n of the person. person. But when you say the right right to the partner partnershi ship p with with respe respect ct to distribution of properties properties or income that is not a personal right. In fact, that is an obligation of partners who remained. remained.
So the wife has legal capacity capacity to sue from the moment of Tabanao’s Tabanao’s death. death. Supreme Supreme Court said, “The surviving spouse and children became owners of their respective hereditary shares from the moment of death of Tabanao and can commence an action originally pertaining to the decedent. Prior settlement settlement of his estate as well as the appointment appointment of administrator administrator is not a prerequisite before before the wife may may bring an action action against the partners.” Q: Can the heirs immediately dispose of their properties when the testator/decedent dies? A: In theory, they can. Because as provided under art 777 the rights to succession are transmitted transmitted from the moment of death of the decedent. But in reality, you cannot. Why? For example, the decedent dies with with a will, his will has to be probated first. If there is a will, it is a MUST MUST that the will should be probated. After the court declare that the will will has been validly and duly executed then the estate will pay estate taxes. Afterwards, you go to the Register of Deeds where you secure proof of payment of estate taxes and later on you can have the title cancelled and a new title issued un your name. So, there are are requisites.
Q: What is the decedent dies without a will? A: If you are the only/sole heir, all you have to do is to execute an Affidavit of Self Adjudication and afterwards follow the procedure above-stated. If there are many heirs, the heirs may execute an Extrajudicial settlement among themselves and again follow the process. process. BIR, RD and follow the rules rules on publication. If the heirs do not agree agree among themselves themselves to Extra-judicially Extra-judicially settle the properties, the heirs may file an action before the courts an Action for Partition. Partition. Then the
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2. present proof that estate was settled judicially and extra-judicially extra-judicially settled. 3. comply with the rules on publication. So even if theoretically the rights to succession are transmitted from the moment of death of the decedent, in reality there are steps the heirs must first comply with before they can actually enjoy the properties of deceased person.
LAVIDES v. CITY COURT OF LUCENA May 31, 1982 Ruling: The value of the property should not be based on the totality which is P35T but on the individual value of P5T per minor child. Q: How about the “Totality Rule” in your Rules of Civil Procedure? A: The Totality Rule does not apply here because because there is no same transaction or occurrence. So, the property of each child and the guardianship over each child is different from the property and the guardianship over another child. But this is an old case so the amount is not the same anymore. anymore. Effective April 2004, 2004, the jurisdiction of the Municipal Trial Court Court as provided in BP 129 and RA 7169 is already up to P300T. Before April 2004, for the MTC it is P200T. For the RTC it is over P200T. Now for the RTC RTC it is over P300T.
BORROMEO-HERRERA v. BORROMEO 152 S 172 Ruling: Even if the heirs were not sure about the date of death or whether the person died and even if there was no prior declaration of heirship and they were not certain as to their actual share of the inheritance, they may still validly waive their inheritance provided their predecessor already died. Because prior to the death of the decedent, what you have is only future inheritance and that is merely an inchoate right, right, merely expectancy. expectancy. It cannot be the subject of a valid valid waiver. But after the decedent died then there could be a valid waiver because at that time there was already a transmission from from the decedent to the heirs. So the property belonged to the the heirs. They could validly waive the property which which they already own. But in this case, there was no valid waiver waiver because certain requisites requisites were were not complied with. BONILLA v. BARCENA 71 S 270 quiet title over a property. It was brought by the mother. During During the Facts: There was an action to quiet pendency of the action, action, the mother mother died. So, the children children asked the court court to be substituted. substituted.
Issue: Whether or not the children may validly substitute their mother in the action title. Ruling: Yes. When the mother filed the petition petition to quite title, the court already acquired over her person. As you learned in your Rules in Civil Procedure, an action to quite title is an action that survived. So there is a need need for substitution. Anyway, the properties properties which are the the subject of the action action are already already transmitte transmitted d to the children. children. So the children children may legally legally continue continue that case because they have legal personality in that case. From the moment of death of the mother, whatever whatever rights rights she had in that case were transmitte transmitted d to her children. children. So the children children could logically continue the action filed by the mother.
DELA MERCED v. DELA MERCED Feb25, 1999 Ruling: Evarista died first. first. Naturally upon her death, her properties properties were transmitted transmitted to her son Francisco. When Francisco died his his properties were were transmitted to his children. children. His children will will inherit inherit from him whether whether legitima legitimate te or illegitim illegitimate. ate. Because Because there there is no bar in the civil code between illegitimate illegitimate children inheriting inheriting from their their illegitimate illegitimate parents. From the moment moment of death of Evarista, properties properties where transmitted to Francisco Francisco then from Francisco to Joselito. Joselito, illegitimate illegitimate son of Francisco did not inherit from Evarista but from Francisco.
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LOCSIN v. CA February 19, 1992 Ruling: Because Catalina did not have compulsory heirs during her lifetime she may just donate, sell, transmit her properties properties to any person she likes. That donation, sale or transmission could not be impugned. That donation etc. could only be impugned by her compulsory heirs. So from the moment of death of Catalina, her her estate was ended. Whatever was the value of her estate when she died, that was ALL her nephews and nieces could inherit. inherit. They cannot claim the properties properties before she died because before she died, those people do not have any right on the properties of Catalina Catalina.. Only when Catalina Catalina died did her nephews nephews and nieces require require any right over her properties. Whatever remained during that time was all her nephews and nieces could get from her.
VDA. DE REYES v. CA July 26, 1991 Ruling: Partition Partition is not required required for the transmis transmission sion of successio successional nal rights but death. Before Before partition you are are already the owner owner of the property property and even if there were many of you, you owned owned the property in-common but still you are the owner of the property upon death.
SUAREZ v. CA September 2, 1992 Q: What is the reason why one-half belongs to the heirs? transmitted from the moment of death of the decedent. So A: Art 777, rights to the succession are transmitted one-half belongs to the mother and the other to the heirs. Q: From whom did the children derived their ownership of the land? A: The children derived ownership over the land as heirs of their deceased father.
PAULMITAN v. CA November 25, 1992 Issue: What was the effect of sale by Donato to his daughter Fanesa? Ruling: The sale of Donato of the land in question to his daughter did not give to the latter ownership over the entire land but merely transferred to her the one-half undivided share of her father, thus making her the co-owner of the land with the respondents, her cousins.
GAYON v. GAYON November 26, 1970 Q: When the heirs are sued, in what capacity they may be sued? A: If the heirs were included as defendants in this case, they would be sued not as representatives of the decedent but as OWNERS of an aliquot interest in the property in question, even if the precise extent of their interest may still be undetermined. Hence, they may be sued even without previous declaration declaration of heirship. Q: How about if there’s already a settlement proceeding, could the heirs sue or be sued? A: Art 777 NCC provides that rights to the succession are transmitted from the moment of death of the decedent. decedent. So once the decedent decedent died, died, his heirs may be sued or may sue in their their own capacity as owners, owners, not as representatives. representatives. But there is a qualification. qualification. THERE MUST MUST NOT BE BE A PENDING SPECIAL SPECIAL PROCEEDING. PROCEEDING. Because if there is a special proceeding, the one who sues or who may be sued is the executor if there is a will or the administrator if there is no will. But the heirs may still still be sued if there is a declaration of heirship. heirship. That is a matter of procedure. procedure. But as a matter of substantive law, under art 777 you have the legal capacity or personality to sue and be sued from the moment of death of the decedent.
Art 778. Succession may be: (1) (1) Test Testam amen enta tary ry;; (2) Legal Legal or intest intestate ate;; or (3) Mixed. Article 778 talks about the three kinds of succession.
Art. 779. Testamentary succession is that which results from the designation of an heir, made in a will executed in the form prescribed by law.
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1. There MUST be a will; 2. There should be a designation of heir;
A:
In a will, there there must be an heir named. You cannot cannot just provide provide in your will “I hereby hereby leave all my properties.” So So to whom are are you leaving all your properties? properties? There must be a recipient.
3. There must be observance of the formalities required by law. As we go on with our study, we will learn that there are certain formalities and requirement that have to be observed in order that a will may become become valid. What will happen if you do not observe these formalities? formalities? The will becomes VOID. VOID. Being void, the will is not followed. The The effect is, as if there is is no will (testate/legal (testate/legal succession). succession). For Testamentary Testamentary succession also takes place place when there is a codicil. It is not exactly a will but but it has the effect of a will. There are certain certain formalities also to be observed. observed.
PRINCIPLES IN TESTAMENTARY SUCCESSION:
1.
TESTAMENTARY TESTAMENTARY SUCCESSION SUCCESSION IS PREFERRED PREFERRED OVER INTESTATE INTESTATE SUCCES SUCCESSION. SION.
When there there is a will, the will has to undergo probate. probate. Probate Probate is a proceeding proceeding wherein wherein you determine determine whethe whetherr or not the will will was validl validly y execut executed ed and whether whether or not the will will was was execut executed ed by person person who has testamentary testamentary capacity.
RODRIGUEZ v BORJA 17 S 41 Facts: In this case, there were 2 proceedi proceedings. ngs. First First was an intestat intestatee proceeding proceeding instituted. instituted. Meaning, a proceeding to settle the estate of a deceased person who died without a will. But subsequently, a will was found and again another proceeding was instituted, this time, testate proceeding wherein the estate of the deceased person is settled if that person has left a will. We are confronted here of 2 proceedings, proceedings, one was instituted instituted ahead of the the other. Which proceeding proceeding should be preferred? The one which was instituted ahead?
Ruling: No. As long as there is a will, even if that Will is found later and even if the proceeding for the settlement of the estate estate of a person with a will is filed filed later, that should should be preferred. The will should should be probated. probated. The will should should be given effect as much as possible possible in order order to give effect to the wishes of the testator. The wishes of the testator must be given such preference first. Probate of the will is needed in order to determine whether or not the will was indeed valid, whether or not the will was executed in observance with the formalities required by law and whether or not the testator executed it with a sound mind. If later on in the probate proceeding, the will is found not to have validly executed, then you go to intestate proceeding. proceeding. But first you go to testate. testate. PRESCRIPTIVE PERIOD IN THE PROBATE OF WILLS, AS LONG AS NB: THERE IS NO PRESCRIPTIVE THERE IS A WILL. WILL. Even if the testator died much earlier earlier than the presentation of the will. will. The will has to be probated. That is tackled tackled in your special special proceedings. ( BAR QUESTION) QUESTION) 2.
DOUBTS DOUBTS MUST BE RESO RESOLVE LVED D IN FAVOR FAVOR OF TESTACY TESTACY..
If there is doubt whether or not the will is valid, the interpretation being you give effect to the will and the second interpretation is you may not be able to give effect to the will, the first interpretation wherein the will is
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A: So that is is legal or intestate intestate succession. Legal succession is not directly defined under the civil civil code. But there are 2 instances where legal or intestate succession occurs: (1) there is no will; or (2) the will is not valid at all.
Art. 780. Mixed succession is that effected partly by will and partly by operation of law. Under 780, there is a will but the will does not provides for the disposition of the entire property or the will disposes of the entire property but the dispositions are NOT VALID. Q: When does mixed succession occur? A: 1. when the testator fails to dispose all of his properties in a will. For example, a testator has 10 hectares of land but in his will, he merely provides, “I hereby give 6 hectares to my heirs.” So what happens to the 4 hectares? The 6 hectares will be disposed in accordance with the will and the 4 hectares will be disposed in accordance with the provision provision of the law. So in effect there is mixed succession. Another example, the testator has 3 children and 1 wife and 1 concubine, still the testator has 10 hectares but in his will he merely provides, “I hereby give my wife 2 hectares, my 3 children 2 hectares each, and my concubine 2 hectares. Under the law, a disposition in favor of a concubine is VOID. So what happens to the 2 hectares disposed in favor of the the concubine? That 2 hectares hectares should not be given given effect. So the 2 hectares hectares given to the concubine should be disposed not in accordance with the will will of the testator even if it is his express wishes. So that, the 2 hectares will be disposed in accordance with intestate intestate or legal succession, not testate. testate. So if that is the provision in the will, then the 2 hectares should be divided equally between the 1 wife and the 3 children.
2. When the will does not validly disposed of all the property of the testator. The same example, the 2 hectares hectares are given to the concubine then that that is not a valid disposition. That portion should be disposed of by operation of law, by intestacy and only those valid dispositions in the will should be effected.
BALANAY JR. v. MARTINEZ 64 S 452 Issue: Before the invalid dispositions can be separated from the valid dispositions, in order for mixed succession to occur, what should be the condition?
Ruling: In order for mixed succession to occur, the invalid disposition MUST BE SEPARABLE from from the valid valid dispos dispositi ition. on. The The invali invalid d dispos dispositi ition on must must not be a condit condition ion for the valid valid disposition. Art. 781. The inheritance of a person includes not only the property and the transmissible rights and obligations existing at the time of his death, but also those which have accrued thereto since the opening of the succession.
1. 2.
As discussed in your Paras book, what does the inheritance include? The property property,, the transmissi transmissible ble rights rights and the transmiss transmissible ible obligati obligations ons of the decedent decedent to the extent extent of the value of the inheritance; and Those Those properties, properties, or rights rights or obligation obligations, s, if any, which which have accrued accrued since the opening opening of the success succession. ion. ILLUSTRATION: 1982------------1982------------- 1985 ----------------------- 1990 ------------ 1995 ------------ 1998 A bought a A executed A rent out A died settlement of Building of B will in favor the bldg the estate
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compulsory heir then he could participate participate in the P100T. If he is not then he has the right to participate participate in the P100T. Art 781 speaks only of properties from 1995 to 1998.
Art. 782. An heir is a person called to the succession either by the provision of a will or by operation of law. Devisees and legatees are persons to whom gifts of real and personal property are respectively given by virtue of a will. Q: What is an heir? A: Is one who succeeds by Universal Universal title. That is to ALL or FRACTION or ALIQUOT PART PART of the properties, properties, rights or obligations. So the entirety of the properties of transmissible transmissible rights and obligations. Q: What about a Legatee? A: Is one who succeeds to personal properties. Q: How about a Devisee? A: Is one who succeeds to real properties or immovable properties of the decedent. Kinds of heirs: heirs:
1. COMPULSORY HEIRS OR FORCED HEIRS – those heirs who cannot be deprived of their inheritance unless there are causes to disinherit them and the causes are provided by law. For example, the surviving spouse, children. children. They are entitled to what is called the LEGITIME. LEGITIME. LEGITIME LEGITIME - is that portion of the property, rights and obligations of the decedent which you cannot just dispose of because the law reserved it for the compulsory heirs. heirs. will then his heirs are called legal or intestate 2. LEGAL OR INTESTATE HEIRS – when a person dies without a will then heirs.
3. VOLUNTARY HEIRS – those heirs named by virtue of the will. Q: What are voluntary, testamentary or testate heirs? A: They can be compulsory or forced heirs. For example, your friends, friends, your family members, or strangers, strangers, or those who received property, rights or obligation by way of a devise or legatee. As long as they are named in the will. Q: What is the importance of distinguishing heirs from legatees and devisees? A: 1. There is what we call Preterition Preterition (art 854). When there is preterition, preterition, the instituted voluntary heirs do not get anything. But the legatees/devisees, legatees/devisees, they retain the properties given to them as long as the legitime is not impaired. 2.When there is invalid disinheritance, again the instituted voluntary heir gets nothing while the one who received properties by way of legatee or devise retain the property given to them as long as the legitimes of the compulsory heirs are not impaired. Q: What other distinctions are there between an heir in one hand and legatee or devisee on the other hand? A. 1. Heirs succeed succeed by general general right or universal universal title title to all or fraction fraction or aliquot aliquot part of the propertie properties. s. While While devisee/legatee devisee/legatee succeeds by special or particular title. 2. The term Heir exists in both testamentary testamentary succession and intestate succession. While in legacy or devise the term devisee/legatee devisee/legatee exits only in testamentary succession.
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Whereas, with respect to legatee/devisee they can be determined because legacy is given as personal property. “I hereby give my ring to A.” We We know that A can get the ring. “I hereby give my house & lot in ma-a to B.” So B knows that he is getting getting the house & lot in ma-a. B can determine what or how much much he would get from the testator. 5. Heir represents the juridical personality of the deceased because the heir acquires the properties, his rights and his obligation. So juridical personality personality is the continuation of the personality of the deceased. While, the legatee/devisee do not succeed to the juridical personality of the decedent because they only succeeds to particular properties of the decedent. 6. Heir succeeds succeeds to the remaining remaining properties properties of the decedent decedent if there there are remainin remaining g properties. properties. So after all the properties have been distributed to the persons entitled thereto, if there are still properties that remain so the heirs may participate in the remaining properties. Whereas, the legatees/devisees cannot participate in the remaining properties because again they succeed to particular properties. So they only get what are specifically given to them. As to the remainder they have no right anymore to participate.
Exercises: 1.“I give give to A one-half one-half of my lot in Claveri Claveria.” a.” - A is a devisee because because the the lot had been specifi specified, ed, in Claveria. 2. “I hereby give to A my lot.” – A is an heir because the property given to him is not specified. What kind of lot? Where is it located? 3. “I give to B all my cash.” – Can you determine the cash to be given to B? or where it is located? So B is an heir. He has a universal universal title to to all my cash. 4. “I give to B all my cash in Metrobank.” – B now is a legatee. Because the amount can now be specified as to the location of the cash or the source is Metrobank.
NB: All compulsory compulsory heirs are legal heirs. heirs. But not all legal heirs are are compulsory heirs. heirs. Why? Because when a person dies without a will then compulsory compulsory heirs succeeds by operation of law. Or, if there is a will but the will is not valid then compulsory heirs succeed by operation of law, the will is disregarded. Q: How about legal heirs or intestate heirs? A: They succeed by operation of law. But some of them cannot impose upon the testator testator to provide something for them in the will. Examples of legal heirs who are not compulsory compulsory heirs are the brothers/sisters. brothers/sisters. When a person dies without a will, they may participate in the estate of the deceased deceased person. But if a person provides for a will, they cannot impose upon the person to give them something in the will.
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Chapter 2: TESTAMENTARY SUCCESSION Subsection 1: WILLS IN GENERAL Art. 783. A will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate, to take effect after his death. ELEMENTS ELEMENTS OF A WILL: WILL:
1. THE MAKI MAKING NG OF A WILL WILL IS A STATUT STATUTORY ORY NOT NOT A NATURA NATURAL L RIGHT. RIGHT. Meaning, if the country does not provide for the right to make a will, then the person who dies in that country cannot validly make a will. Because the right to make a will is provided for by law. It is not an inherent right like the right to life, to liberty, and to property which are inherent rights. That is evident in the will itself, a will is an act whereby a person is PERMITTED. You cannot do so against the will of the State. State . ”With the formalities prescribed by law, to control to a certain degree,” so his right to make a will is not absolute absolute because because there are limitati limitations ons imposed imposed by law. You cannot just disposed disposed your properties properties to any person you like. You have to follow follow the rules provided for by law. law.
2. IT IS A UNI UNILA LATE TERA RAL L ACT ACT.. It is the sole act of the testator unlike a donation or sale or any other contract, a will needs only the sole wishes
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Meaning the testator must be of sound mind and he should know the nature of what he was doing. An insane person cannot make a will. If an insane person gives you everything that he has and even if it turns out that that insane person is a millionaire still, you cannot get his properties by virtue of the will which he executed in your favor because the insane person does not know what he was doing.
6. IT IS STRICLTY STRICLTY A PERSON PERSONAL AL ACT IN ALL ALL MATTERS MATTERS THAT THAT ARE ESSENTIAL. ESSENTIAL. 7. IT IS IS ESSENT ESSENTIAL IALLY LY REVO REVOCAB CABLE LE AND AND AMBU AMBULATO LATORY RY Again, it is the sole act of the testator and it is connected to the other requisites that the will is essentially revocable and ambulatory. ambulatory. Because the will will is his OWN act, OWN desires desires and OWN wishes. wishes. You cannot impose upon a person to make a will for you. The initiative must come from the testator testator himself to provide for you.
8. IT IS IS EFF EFFECT ECTIV IVE E MOR MORTI TIS S CAUS CAUSE. E. The will takes effect only upon death. death. Like we have discuss, when the person person is still alive then you cannot get anything from him because your right is merely merely an inchoate right, merely an expectancy. expectancy. You cannot demand that he gives his properties to you or that the will be enforced while he is still alive.
9. IT IS IS FREE FREE FRO FROM M VITI VITIAT ATED ED CON CONSE SENT NT.. It must be voluntary on the part of the testator, it cannot be imposed, it is a personal act.
10. IT IS AN INDIVIDUAL INDIVIDUAL ACT ACT AS DISTINGISH DISTINGISHED ED FROM A JOINT JOINT ACT. The making of the will must be the the SOLE ACT ACT of one person. You cannot make a joint joint will. Only one person one will.
11. IT DISPOSES DISPOSES OF THE TESTATORS TESTATORS ESATATE ESATATE IN ACCORDANCE ACCORDANCE WITH HIS HIS WISHES. WISHES. It must be the wishes of the testator and not according to the wishes of anyone.
HERREROS v. GIL 88 P 260 Ruling: Will-making is not an inherent act, not an inherent right. It is merely a privilege as evident by the clause “Permitted xxx to control to certain degree the disposition of his estate.” A will is not only an act. It is also an instrument because because a will has to be in writing. There is no such thing as an Oral will. The will must be embodied in the document, it must be in writing. WILL
LAST TESTAMENT
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This case case illus illustra trates tes an indire indirect ct disposit disposition ion of proper propertie ties. s. Facts: This
So there there was only a
disinheritance.
Issue: Is a will containing only disinheritance, a valid will? Ruling: Yes. When you disinherit a person you actually disposed of your property by not letting that person person particip participate ate in your property. property. Still, Still, it you who will determine determine who will get your property and who will will not get your property by the the act of disinheritance. disinheritance.
The will must deliver properties properties to another person. So there must be separate separate properties. One’s owned personal property to be given given to another person who does not own the property property you are giving to him. him. That is in the case of Vitug v. CA.
VITUG v. CA 183 S 755 Ruling: Because the account was a joint account and they made a will while they were married, so naturally the cash would be their absolute absolute community or conjugal property. The cash is owned incommon common by them. When the spouses opened savings account, account, they merely merely put what rightly belonged to them in a money-making venture. They did not disposed of it favor of the other. Since the wife predeceased her husband, the latter acquired upon her death a vested right over the amount under the savings account.
Art. 784. The making 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 instrumentality of an agent or attorney. This article talks about the essential characteristic characteristic of a will. That is, will-making is strictly a personal act. The will must contain the wishes of a testator and not the wishes of any other person because what is under consideration is his will. Ideally, it should be the testator who should write his own will. He must draft his own will. Q: Can the testator entrust the drafting of his will to any other person? A: Yes, he can entrust the mechanical of drafting the will to other persons. For example, you engage the services of a lawyer to draft your will. But the contents contents of the will must be the wishes of the testator. The lawyer cannot dictate the testator to whom the properties of the testator are to be given. That is only true when you talk about notarial will. As you will learn later, there are kinds of wills, the notarial will and the holographic will. In Holographic will, the mechanical mechanical act of drafting the will cannot be left to a third person because a holographic will will must be in the own handwriting of the testator. testator. As to notarial will, even if the will is not drafted by the testator, testator, it must still still contain the signature signature of the testator testator So the fact that the will
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allowed because what is being followed here is not the will of the testator but the will of the person who determines whether or not the designation or efficacy shall be valid
(3) the determination of the portions which the heir, or legatee or devisee shall take, when referred to by name. You should remember, when referred to by name. name . That is not valid. EXAMPLE: “I leave my properties to X, Y and Z and A will determine how much will be the share of each.” – each.” – So the recipient are named X, Y and Z. A will determine how much will be the respective share of each. Again, this is not valid, this cannot be delegated. As I said, will-making is strictly strictly a personal act and any act which prefers to negate the fact that it should be the testator himself who should his will then that act will not be considered to be as valid.
Art. 786. The testator may entrust to a third person the distribution of specific property or sums of money that he may leave leave in genera generall to specif specified ied classe classess or causes causes,, and also also the design designati ation on of the person persons, s, insti institut tution ionss or establishments to which such property or sums of money are to be given or applied. Article 786-792 are rules for the interpretation of wills. So art 786 provides for a delegation which is valid.
REQUISITES:
1. 2. 3. 4.
The testat testator or entr entrust ust to to a third third person person;; The distribut distribution ion of specif specific ic propert property y or sums of money; money; These These specific specific property property or sums sums of money money are left in genera generall to specific specific classes classes or causes; causes; There There is the designati designation on of the persons, persons, institu institutions tions or establ establishme ishments nts to whom such such property property or sums sums of money are to be given or applied.
Art. 786 There is NO such heir, legatee or devisee that is named There is specific property or sums of money. Ther here is a det determ ermina ination tion of the the per persons sons,, establishments establishments or institution or to whom the specific property or sums of money is to to be given or applied. applied.
1.
Art. 785 The heirs, legatees or devisees are named. There is NO specific property or sums of money. What is delegated is the determination of the portion which shall go to the named heir, legatee or devisee.
EXAMPLE: “ I leave my properties in Davao City to the winners of Star Circle Quest and X will determine how much
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A: What is being delegated to B is merely the manner of distribution or apportionment of the amount which was previously determined determined by the testator. The testator determined determined that the amount shall be P1 million and the B shall only determine how much will be applied or given to each of the winners.
Art 787. The testator may not make a testamentary testamentary disposition in such manner that another person has to determine whether or not it is to be operative. Again, this article only mirrors mirrors the principle that will-making will-making is strictly a personal act. act. In essence, article 787 is similar to article 785. But strictly speaking, there there is a very little difference between the 2 articles.
Art 785 Art 787 Refers more to the institution of the heirs. For Refers more on the designation or disposition of example, “I hereby institute B as heir to all my the properties. For example, “I hereby leave my properties but this institution shall be subject to the approval of Y.”
house in Ma-a to Y but Z shall determine if this is valid because Z can also provide that a car instead shall shall be given.” So, this this is not valid because because the disposition is subject to the will of a 3 rd person. Whether or not a disposition shall be valid cannot be left to the will of a 3 rd person. You have to remember that in both article 785 and 787 only the specific designation or disposition is not valid. Because even if there are specific designation designation or disposition which are void, the will itself itself in its entirety is valid. It will not affect affect the validity of the the will. Only the specific specific disposition or designation designation is not considered considered as not written. Q: In summary, what matters cannot be delegated? A: Under article 785: : (1) The duration of the designation of the heirs, devisees or legatees; (2) The efficacy of the designation of the heirs, devisees or legatees; (1) the determina determination tion of the portions portions which the heir, or legatee or devisee devisee shall take, when referred referred to by name; and (2) The determination determination of whether or not the disposition disposition shall shall be operative. operative. (art (art 787) To determine whether or not the delegation is valid, none of the things mentioned in article 785 and 787 must occur. And all of the things mentioned mentioned in article 786 must must be present.
With respect to the determination of portion, the fact that the determination is given or delegated to a 3 rd person is not per se invalid. What makes it invalid invalid is when there there is no determination determination of the specific specific cause or specific specific class and there there is no specific specific property or sums sums of money. The determination determination of portion only. That is invalid. invalid. But if it is accompanied by the determination determination of specific property or sums of money and there is a class or cause then that becomes valid under under article 786.
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Issue: What should be the proper interpretation interpretation of the disposition in favor of the wife? Ruling: The intention of the testator here was to merely give usufructuary right to his wife Doňa Fausta because in his will he provided that Doňa Fausta shall forfeit the properties if she fails to bear a child and because she died without having begotten any children with the deceased then it means that Doňa Fausta never acquired ownership over the property. Upon her death because she never acquired ownership over the property, the said properties are not included in her estate. Those properties actually actually belong to Villaflor. That was the intention intention of the testator. Otherwise, if the testator wanted to give the properties to Doňa Fausta then he should have specifically stated in his will that ownership should belong to Doňa Fausta without mentioning any condition. As long as the will is capable capable of reasonabl reasonablee interpretat interpretation ion then the will should be given effect. effect. For example, “I hereby give to B, my illegitimate child, my house and lot in Claveria.” However, it turns out that B is not an illegitimate illegitimate child. So should the house and lot in Claveria Claveria be given to B since B is not an illegitimate child? child? The property should still be given given to B. The fact that the testator testator provided that B is my illegitimate illegitimate child, the word illegitimate illegitimate is not considered as a condition for B to be able to receive the properties. The testator merely intended intended the word illegitim illegitimate ate as a descript description ion of B but NOT a condition. condition. If we interpret interpret the word illegiti illegitimate mate as a description, the will could be given effect. However, if we interpret it as a condition, the will could not be given effect effect because because B is not illegit illegitima imate. te. The The rule rule in succe successi ssion on is testac testacy y is favor favored ed than than intest intestacy acy,, then then that that interpretation interpretation wherein the word illegitimate illegitimate is a description should be given effect. effect. So the house and lot should be given to B even if it turns out that B is not an illegitimate child. You have to remember that article 788 applies only IN CASE OF DOUBT. When the terms of the will are not clear and are ambiguous. But when there are no doubts, when when the provisions in the will are clear clear then there is no room for interpretation. interpretation. You have to dispose of the will according to the wishes of the testator as provided provided therein. Even if the provisions in the will may be favorable only to some persons and are unfair to some of the heir as long as this disposition do not impair the legitime of the compulsory heirs and they are in accordance with law then the provisions of the the will must be given effect if the provisions are are clear and unambiguous. unambiguous. In the same manner that if the provisions in a will are clearly illegal so do not interpret it in such a manner as to give it any semblance semblance of legality. In that case, there there is no room for interpretation. interpretation. The will is clearly clearly invalid then disregarding the rule that testacy is favored than intestacy because the will is invalid then do not interpret it, do not give effect to the will.
Art 789. When there is an imperfect description, or when no person or property exactly answers the description, mistakes 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 unto his intention; and when an uncertainty arises upon the face of the will, as to the application of any of its provisions, the testator’s intention is to be ascertained from the words of the will, taking into consideration the circumstances under which it was made, excluding such oral
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3. When 2 or more persons meets the description. EXAMPLE: Kristine Mosa provided in her will, “I hereby give to Diet Po my television.” There seems to be nothing wrong with that provision, Kristine giving to Diet Po the television. The problem is if it turns out that Kristine actually has many boyfriends and out of these many boyfriends, 2 are named Diet Po. One is in Davao City and the other in General Santos City. So here lies the latent or intrinsic ambiguity, ambiguity, is it Diet Po in Davao City or that one in General Santos City.
4. When 2 or more things/properties meets the description. EXAMPLE: GMA provided in her will, “I hereby give my land in Calinan to FPJ.” – There is nothing wrong here. When it turns out that GMA has 2 lands in Calinan, so there lies the ambiguity. You do not know which of the 2 lands is being given. (2) PATENT OR EXTRINSIC AMBIGUITY – appears on the face of the will itself. itself. By just looking at the will you know that there is an imperfection, or mistakes or an ambiguity.
EXAMPLE: “I hereby give to A some of my properties.” – What are those properties being given? By just looking at the will you know that there is something wrong with this disposition. “I hereby give to some of my friends my house and lot in Ma-a.” – There is an ambiguity because although the property is specified the recipient is not designated. Q: How do you cure this ambiguity? A: 1. Intrinsic Evidence – You cure the ambiguity by examining the will. You examine the words used in the will. In the example given, John Doe but actually it refers to Jane Doe, a female. 2. Extrinsic Evidence – those evidence which you get when you go beyond the will, you investigate, you look for documents, for persons.
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Art 790. The words of the will are to be taken in their ordinary and grammatical sense, unless a clear intention to use them in another sense can be gathered, and that other can be ascertained. Technical words in a will are to be taken in their technical sense, unless the context clearly indicates a contrary intention, or unless it satisfactorily appears that the will was drawn solely by the testator, and that he was unacquainted with such technical sense. Article 790 talks about 2 terms, the Ordinary term and the Technical Technical Term. Ordinary term, you know what it is, it is what it is. Technica Technicall Terms Terms are used by persons engaged engaged in specialize specialized d activiti activities es in certain certain fields or profession. For example, in accounting, debit debit and credit credit are technical terms. terms. Q: What is the rule with respect to Ordinary Term? A: GENERAL RULE: give it an ordinary or literal meaning. EXCEPTION: EXCEPTION: If there is an intention to give it another meaning. For example, during his lifetime a testator has a long antique table but he never really used that a table instead, he used it as a bed. In his will he provided, “I hereby give to Z my bed.” Now, the testator does not really have a bed but he has a table use as a bed. So what is his intention, is it the bed bed and give the same to Z, or is it the table? It is very clear by Extrinsic evidence that the testator intended that word bed to be the table which he used as a bed. Although the word bed bed is an ordinary word it is is interpreted as table table because the intention intention was really to give the table which has always always been used by the testator as a bed. bed. This is a case where an ordinary ordinary term is given another another meaning because of the intention of the testator. Q: How about Technical Term? A: GENERAL RULE: Give it Technical meaning. EXCEPTION:
1) If the testator himself made the will and it is very clear that he is unacquainted or unfamiliar with the term. For example, the word word Adopted. It is a technical term. term. When you say adopted child, it it means a child that has been adopted by virtue of a court order after undergoing all the necessary necessary steps before the decree of adoption. If
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Q: What if intestate proceedings have commenced already and a will is presented, so what will happen? A: Testacy will always be favored than intestacy.
YAMBAO v. GONZALES 1 S 1157 Q: What word/s preceded PAHIHINTULUTAN? A: It is May Dapat tungkulin o gampanan. Q: How does the word Pahihintulutan construed? A: The word Pinahihintulutan was construed to have a mandatory meaning because the words may dapat tungkulin o gampanan preceded the word pahihintulutan. pahihintulutan. That is why the obligation obligation of Maria Pablo and her sister to institute as tenant the person named in the will becomes mandatory. So you should interpret the will will as a whole not merely by piece piece or word by word. You have to take all the words into consideration. From these words you determine what really really is the intention of the testator.
Art 792. The invalidity of one of several dispositions contained in a will does not result in the invalidity of the other dispositions, unless it is to be presumed that the testator would not have made such other dispositions if the first invalid dispositions had not been made. This provision of law is based on the policy to give effect whenever legally possible to the intention of the testator. So if one provision provision of the will will is invalid that does not mean that that the entire will will itself becomes becomes invalid. If there are valid provisions then those valid provisions or dispositions must be given effect. For as long as the valid and invalid dispositions in a will can exist separately or independently of each other. However, there is an exception, if the various dispositions in a will CANNOT BE SEPARATED SEPARATED BY INTENT OR NATURE. NATURE. So if one provision is invalid invalid then the whole dispositions dispositions in a will are invalid because because the several dispositions dispositions in a will are not separable by intent or by nature. For example, B has a concubine concubine X. During his lifetime, lifetime, he made a will will saying, “I hereby give to X m
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1980 -------------- 1985 --------------------------- 1987 ----------------------------- 1995 --------------------------- 1998 bldg in Jacinto executed a leased bldg to A died settlement will in favor of X several persons proceeding P50T/month In 1980, A acquired a building in Jacinto. In 1985, A executed a will leaving to X the building in Jacinto. In 1987, A begun leasing the building in Jacinto to several persons P50T a month. In 1995, A died. Q: What will X get upon the death of A? A: X will get the building in Jacinto because of article 793. Q: How about the rent from 1987 to 1995? Can X get the proceeds of the lease? A: No, again under article 793 because this rental rental income is acquired after the execution of the will. Another Another thing, from the time A gave the building in favor of X in 1985 by virtue of a will, X still does not have any right over the building because A was still alive. So whatever rights he has over over the rent is purely inchoate. inchoate. But after 1995 during the settlement of the estate of A, X gets the monthly rental UNDER ART 781 of the NCC. From the moment of death of A, the building becomes owned by X. So the right of X to the building has ripened and as owner of the building, all the income, the accessories and accessions over the building accrued in favor of X who is now the owner. owner. But again before A’s death, death, the income is not owned by X. X. Q: Does this article apply only to heirs, to legatees or devisees, or to all? A: Strictly speaking speaking the article does not make any distinction. distinction. So you may assume that this article article apply to heirs, legatees and devisees. But if you analyze, you will learn that it would be absurd if you apply this article to heirs. For example, A in his will, “I hereby give all my properties properties to my heir X.” in 1985 A executed a will. In 1987, A acquired some other other property. In 1995, A died. So what properties properties belong to X, only the properties properties before the execution of the will or also those properties after the execution of the will? Heirs succeed to ALL the rights, properties and obligations of the testator. So he inherits the mass of the properties, rights and obligations of the testator. Therefore, if X is an heir and A acquires properties after the execution of the will still upon A’s death, X as heir will get all the properties properties of A because A said, “I hereby give all my properties properties to X.” So as heir there is no
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For example, example, Gretchen Gretchen leases leases a house in Jacinto. Jacinto. She is merely merely the lessee lessee not the owner. owner. In her will she provides, “I hereby give to Claudine the house in Jacinto where I live now.” How can she give a house when she is merely a lessee of the house? She can do so by providing in her will “I hereby give to Claudine the house in Jacinto and my estate will acquire this house from the owner.” That is allowed, as long as the testator at the time when she executed the will knew that the property that she is giving is not owned by her.
Art 795. The validity of a will as to its form depends upon the observations of the law in force at the time it is made. This article is a very short article but the discussion is very lengthy. It talks about validity of wills. Take note that article 795 talks about EXTRINSIC VALIDITY VALIDITY and from the viewpoint of TIME.
KINDS OF VALIDITY OF WILLS:
solemnities and the formalities formalities that have have to be conformed conformed and I. EXTRINSIC VALIDITY – refers to the forms and solemnities complied with in the execution of the will. Example: Example: whether notarial notarial or holographi holographic; c; the number number of witnesse witnesses; s; the qualific qualification ationss of witnesse witnesses; s; the attestation in the will; the signature of the testator; the capacity of the testator, age etc. Extrinsic Validity Validity can be viewed from 2 points. We have from the viewpoint of time and from the view point of place or country. A. Viewpoint of TIME – the extrinsic validity of a will depends upon the observance of the law enforced at the time the will is made not at the time of death death and not at the time of probate. probate. This is because because the testator testator cannot possibly and is not expected to know what laws will govern in the future. So it is enough that at the time he made the will, he made his will in compliance with the laws enforced at that time. Example: In 1805 only 2 witnesses are required in the execution of the will but now it is at least 3. Even if the testator testator dies now, that will, with with respect to its extrinsic extrinsic validity validity will still be regarded regarded as valid. valid. Because Because compliance is measured in 1805 at the time when he made his will, not in year 2004.
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A Article 17 NCC – The forms and solemnities of contracts, wills and other public instruments shall be governed by the laws of the country country in which they they are executed. executed. When the acts referred to are before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solemnities established by Philippines laws shall be observed in their execution. Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determination or conventions agreed upon in a foreign country.
This article was taken up in your persons and family relations. This article is very important in your study of succession because it deals with the extrinsic extrinsic validity of wills from the viewpoint viewpoint of place/country. Under article 17, if a Filipino citizen executes will in the Philippines, the law that should be observed is the Philippine law, the law of the country in which they are executed. Q: What if the testator is a Filipino and he executes abroad before the diplomatic or consular officials of the Philippines, what law shall govern? A: Again under article 17, it should be governed by Philippine law.
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IN RE ESTATE OF JOHNSON 39 P 156 Facts: Johnson was a native of Sweden but a citizen of America. He executed a will in the Philippines but with the formalities prescribed by the laws of Illinois, in which 2 witnesses are allowed. The Philippine laws require 3 witnesses.
Issue: Is the will extrinsically extrinsically valid from the viewpoint of place/country? Ruling: This case is an example of an alien testator who executed his will in the Philippines. Under 817 he may observed the laws enforced in his country/ country/ nationality. Or, under art 17, the laws of the place where he executes his will, which in this case is the Philippines. So with respect to the formalities of his will Johnson has 2 choices. So whether Johnson executed his will with with 2 witnesses or with 3 witnesses, his will may still be valid because he may choose. So this is the reason why the will of Johnson was admitted to probate because even if it did not conform with the laws of the Philippines still it conform with the laws of his nationality.
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However, However, intestate intestate and testamentar testamentary y succession successions, s, both with respect 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. Article 16 is a very important provision in your persons and family relations, in succession and in conflict of laws when you go to 4 th year. Under article 16, intestate and testamentary successions, both with respect to the (1) order of succession; (2) to the amount of successional rights; and (3) to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration. So the intrinsic validity of testamentary testamentary provision should be governed by the national law of the person whose succession is under consideration.
BELLIS v. BELLIS June 8, 1967 Ruling: Since Amos Bellis was not a Filipino, his succession more particularly the intrinsic validity of his disposition of his will should be governed not by the Philippine law but the law of his own nationality, which which is the law of Texas. Even if in the Philippines, Philippines, illegitimate children children
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Conflict Conflict law. law. Now article article 16 provides provides that it should be the national law of the person whose whose succession is under consideration. consideration. There would be no problem if the the national law of the person whose succession is under consideration is simple, just one law internal law so you would refer it to the country’s internal law and there based whether or not the dispositions in the will is valid. But the problem is California California has a Conflict Conflict law. And that is, the case case again should be referred to the Philippines. Philippines. So article 16 national law. law. What law are you referring, the internal law or the conflict law? law? It is the CONFLICT CONFLICT LAW. LAW. You refer to the Conflict Conflict law of California. California. Not the Internal law because there is also a specific provision in their law that if the testator is domiciled in other country, country, so the law of the place of his domicile shall shall govern. So first, you go to the Conflict Conflict law of California California and determine determine what is provided. provided. Now, the Conflict Conflict of law of Californ California ia provides provides that it should should be the law of decedent’s decedent’s domicile. domicile. So you go back to the Philippine law. law. That is called called the DOCTRINE OF RENVOI, referring back . If you are going to refer back the problem, what provision of law, the conflict law or the internal law? It should be the INTERNA INTERNAL L LAW. Because Because if you again again apply the conflict conflict law, there would be internationa internationall football and there would would be no end to the case. So you have to refer to the INTERNAL INTERNAL LAW. LAW. Pagadto sa California, Conflict law. Pagbalik sa Philippines, internal law. This is the proper application of the doctrine of renvoi. In article 16, you have to consider not only internal laws but also conflict law if there is any.
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Subsection 2: TESTAMENTARY CAPACITY AND INTENT TESTAMENTARY CAPACITY The Capacity of the person to make a will. Whet Whethe herr or not not he is of soun sound d mind, ind, whether or not he is 18 years old or below etc.
TESTAMENTARY POWER It is the power given by the State to a person to make a will.
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This article describes describes what it is to be of sound mind. mind. The 1 st paragraph defines testamentary capacity in a negative negative point point of view. view. The 2nd paragraph defines testamentary capacity or soundness of mind in an affirmative point of view. view. The negative definition definition is discussed in the case of Bagtas v. Paguio.
BAGTAS v. PAGUIO 22 P 227
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testamentary capacity. Ruling: OLD AGE is not sufficient to establish lack of testamentary
NEYRA v. NEYRA 76 P 333 mentall facult faculties ies of person personss suffer suffering ing from from ADDIS ADDISON ON’S ’S DISE DISEASE ASE remain remain Ruling: The menta unimpaired, partly due to the fact that on account of the sleep they enjoy, they necessarily receive
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In notarial wills there are at least 3 attesting witnesses. witnesses. They attest the testator’s testator’s signing the will and they attest that the testator was of sound mind at the time of executing the will. So if the attesting witnesses testify that the testator is of sound mind then this testimony is entitled to great weight. But it is just required that this testimony must be reasonable and unbiased. And this testimony may be overcome by other competent evidence. evidence.
3. The test testimo imony ny of the att attend ending ing phys physici ician. an.
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Subsection 3. FORMS OF WILLS Q: What is the purpose of the law in providing these forms of Wills? A: According to the Report of the Code Commission, “the underlying and fundamental objectives permeating the provision on the law on wills in this Project consists in the liberalization of the manner of their execution with the end in view of giving the testator more freedom in expressing his last wishes but with sufficient safeguards and restrictions to prevent the commission of fraud and the exercise of undue and improper pressure and influence upon
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Q: How about with respect to the attesting witnesses because notarial will are attested by at least 3 witnesses. Should these witnesses know the language or dialect in which the will is written? A: No. They are not required required to know the language used in the body of the will. will. Q: How about the attestation clause? A: It is not required even that these witnesses know or understand because there is a requirement that if they do not know the language or dialect in the attestation clause, it shall be explained to them. Primarily, hey should know but
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Probate Proceedings are governed by Rule 76 of the Rules of Court. You will take this up in your study of Special Proceedings. What we are studying now are the substantive aspect of probate proceedings while in your special proceedings you will learn the procedural aspects. You must remember that a Petition for probate is not really required for a probate court to acquire jurisdiction. It is enough that a Will is delivered to the court and when a will is delivered to the court, the court automatically acquires jurisdiction even in the absence of a petition. Q: Distinguished probate of holographic will and probate of notarial will with respect to the witnesses to be presented? A: PROBATE OF HOLOGRAPHIC WILL PROBATE OF NOTARIAL WILL In the probate of Holographic wills, if there is In Notarial will, when there is no contest at least no contest, it is enough that at least one witness one subscr subscribi ibing ng witne witness ss should should testif testify y as to the explicitly declare that the will is in the handwriting execution of the will. When there is is contest, ALL ALL and signatur signaturee of the the testat testator. or. When the will is of the subscribing witnesses plus the notary public contested, at least 3 of such witnesses and in the must testify. If all of the subscribing witnesses and absence of such witnesses, expert testimony may be the notary public are: resorted to or even if there is no contest, still expert 1.dead; testimony may be resorted to. 2.insane; or 3.they are all absent in the Philippines or 4.testify against the due execution of the will; or 5.th 5.they ey do not not reme rememb mber er havi having ng atte attest sted ed the the execution of the will; or 6.they are of doubtful credibility Then in that case other witnesses may be resorted to.
In order that a person may intervene in a probate proceeding, that person must have an INTEREST in the estate, or in the will or in the property property subject of the proceedings. He must be real party in interest, interest, meaning, he stands to be benefited benefited by the will or he claims an interest interest over the estate such as a creditor. creditor. Without an interest a person may not intervene intervene in a probate probate proceeding. proceeding. Example, an Adopted Child has no interest over the estate of the relative of his or her adoptive parents, but only with respect respect to the adoptive adoptive parents. parents. So he cannot cannot interven intervenee in the probate probate proceeding proceeding with respect respect to the relative of the adoptive parent. parent. In the same manner, that an illegitimate illegitimate child has no interest over the property property of his or her illegitimate parents. If what is under consideration is the probate of the relative of the illegitimate parents then the illegitimate child has no legal personality to intervene. Another Another example, nephews nephews and nieces or brother brother or sister, sister, although they are legal legal heir, heir, in intestate intestate successio succession n they have personali personality ty but when it comes comes to testate succession, succession, these persons MAY NOT legally intervene. Q: We discus discussed sed before before that that a Lost Lost or Destro Destroyed yed will may be probated probated.. What What is the differ differenc encee betwee between n a lost/destroyed lost/destroyed holographic will and a lost/destroyed notarial will? A: LOST/DE /DESTROYED HOLOGRA GRAPHIC WILL ILL LOST/DESTROYED NOTARIA RIAL WILL ILL When it comes to a holographic will, there must In Notarial will even if there is no copy still the be a photocopy or carbon copy of the holographic notarial notarial will will may be probated. probated. Again Again because because the will. will. If there there is no copy of the hologra holographic phic will, will, contents of a notarial will may be proved by the even if the reason why the holographic will was lost testimonies of at least 2 witnesses to clearly and or destroyed was due to the act of another person distinctly proved the contents of the notarial will. without intent to revoke on the part of the testator still still no probat probatee of the holograp holographic hic will may be NB: As long as there is no animus revocandi on the allowed because there is no copy. part of the testator. testator.
BARETTO v. BARETTO January 31, 1956 Ruling: When the issue involved is revocation, it is the function of the court to examine the words of the will. Article 839. The will shall be disallowed in any of the following cases;
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(4) If it was procure procured d by undue and improper improper pressure pressure and influe influence, nce, on the part of the beneficiary or some other person; (5) If the signatu signature re of the testato testatorr was procured procured by fraud; fraud; (6) If the testator testator acted acted by mistake mistake or did not intend that that the instrument instrument he signed should be his will at the time of affixing his signature thereto. This article talks about the grounds grounds for the disallowance of a will. These These grounds are exclusive. However, despite the exclusivity given, it seems that there are other grounds. Q: What are the other grounds? A: 1. Minority 2. Revocation 3. Forgery 1ST GROUND: 1. on the formalit formalities ies under under 804-809 804-809 in in case of of notarial notarial wills; wills; and 2. in case case of holo hologra graphi phicc wills wills it must must be: a. entirely entirely written written,, signed signed and dated in in the handwr handwriting iting of the testator, testator, b. in the language known known to the testator testator c. must be be executed executed at the time time when when hologra holographic phic wills wills are allowe allowed. d. 2 ND GROUND is INSANITY INSANITY which is covered by article 779. 779. - refers to the soundness of mind of the testator at the time of execution of the will. Art 799. To be of sound mind, it is not necessary that the testator be in full possession of all his reasoning faculties, or that his mind be wholly unbroken, unimpaired, or unshattered by disease, injury or other cause. It shall be sufficient if the testator was able at the time of making the will to know the nature of the estate to be disposed of, the proper objects of his bounty, and the character of the testamentary act.
3 RD GROUND: FORCE, DURESS, FEAR or THREAT - These grounds connotes the idea of coercion, mental or physical. Article 1335. There is violence when in order to wrest consent, serious or irresistible force is employed. There is intimidation when one of the contracting parties is compelled by a reasonable and well grounded fear of an imminent and grave evil upon his person or property, or upon the person or property of his spouse, descendants descendants or ascendants, to to give his consent. consent. To determine the degree of the intimidation, the age, sex and condition of the person shall be borne in mind. A threat to enforce one’s claim through competent authority, if the claim is just or legal, does not vitiate consent. consent.
Q: When is there violence? A: There is violence when in order to wrest consent, serious or irresistible force is employed. The presence presence of Force, Duress, Fear or Threat Threat in a contract contract renders renders the contract contract voidable voidable therefore, therefore, susceptible of revocation. revocation. However, their presence in Will renders renders the will VOID. 4TH GROUND: UNDUE AND IMPROPER INFLUENCE Q: What is UNDUE INFLUENCE? A: Undue Influence connotes the idea of coercion by virtue of which the judgment of the testator is displaced, and he is induced to do that which he otherwise would not have done. Article 1337 . There is undue influence when a person takes improper advantage of his power over the will of another, another, depriving depriving the latter of a reasonabl reasonablee freedom of choice. The following following circumstances shall be considered: the confidential, family, spiritual and other relations between the parties, or the fact that the person alleged to have been unduly influenced was suffering from mental weakness, or was ignorant or in financial distress. 5TH GROUND: SIGNATURE IS OBTAINED BY FRAUD
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Q: What is Fraud? A: Fraud is the use of insidious words or machinations to convince a person to do what ordinarily he would not have done. Fraud in a contract renders it voidable. But in a will, the same is cause for disallowance because the will is void. Take note that Fraud and Undue Influence Influence are mutually repugnant and exclude each other. other. In one case, their joining as grounds grounds for opposing probate probate shows the absence absence of definite definite evidence against against the validity validity of the will. will. 6 TH GROUND: MISTAKE The testator is acting because of his mistake and the testator has no intent to make a will. Q: What is the difference between the 5 th and the 6th ground? A: In ground 5, there is intent to make a will. While in ground 6, there is no intent to make a will. Q: Distinguished Revocation from Disallowance? Disallowance? A: REVOCATION Is a voluntary act of the testator. May be with or without cause. May be partial or total.
DISALLOWANCE Is given by judicial order. Must always be for legal a cause. Is always total.
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SECTION 2 INSTITUTION OF HEIR Article 840. Institution of heir is an act by virtue of which a testator designates in his will the person or persons who are to succeed him in in his property and transmissible transmissible rights and obligations. obligations. We are now in subsection 2. When asked what is Institution, it is defined under article 840 NCC. NCC.
Article 841. A will shall be valid even though it should not contain an institution of an heir, or such institution should not comprise the entire estate, and even though the person so instituted should not accept the inheritance or should be incapacitated to succeed. In such cases the testamentary testamentary dispositions made in accordance with law shall be complied with and the remainder of the estate shall pass to the legal heirs.
1. A will is is valid valid even though though itit does not not contain contain an an institutio institution n of an heir. heir. For example, there is only a disinheritance or there is only an appointment of an executor to pay the debts of the estate. Even if there is no heir still, that is valid because indirectly indirectly there is still disposition of property.
2. Such institutio institution n should should not not compri comprise se the the entire entire estate. estate. For example, the testator institutes A as heir to 3 hectares of his 10-hectare land. So here the institution comprises only of 3 hectares. How about the remaining 7 hectares? You know that there is what we call Mixed Succession. So with respect to the 3 hectares we have Testate Succession because of the institution. institution. With respect to the remaining 7 hectares that shall go by intestate or legal succession. succession. Still valid.
3. Even though though the person person so institute instituted d should not accept accept the inherit inheritance ance or should should be incapacit incapacitated ated to succeed. The person instituted repudiates repudiates the inheritance or incapacitated, incapacitated, he becomes unworthy by some acts. acts. Here the institution is INEFFECTIVE because there is refusal to accept or repudiation and there is incapacity but the will itself remains VALID.
Article 842. One who has no compulsory heirs may dispose by will of all his estate or any part of it in favor of any person having capacity to succeed. One who has compulsory heirs may dispose of his estate provided he does not contravene the provisions of this this Code with regard to the legitime of said said heirs. This article is called the FREEDOM OF DISPOSITION. The testator has freedom to dispose of his properties by will generally to anybody as long as that person to whom the properties is given is capacitated to inherit. But this Freedom of Disposition Disposition is not absolute because when there are compulsory heirs, the testator has to observe observe the portion portion pertaining pertaining to the compulsory compulsory heirs. heirs. So he cannot cannot just dispose of his properties properties to anybody thereby depriving the compulsory heir of what we call their legitime. For example, the testator has 10 hectares. hectares. He has a son and he wants wants to give something to his friend. The testator here cannot just dispose the entire 10-hectare to his friend because under the law, the legitime of a son or a child is one-half of the estate. So 5 hectares is reserved reserved for your son. The remaining 5n hectares hectares the testator can can give it to anybody he wants as long as the recipient is capacitated to inherit because there are persons who are also disqualified to inherit. inherit. So you observe the capacity of the person to inherit and you also observe the legitme of the compulsory heirs. If the testator has no compulsory heir then there is no problem. The testator can just dispose of the property to anybody capacitated to succeed.
Article 843. The testator shall designate the heir by his name and surname, and when there are 2 persons
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EXAMPLE: “I give my 10-hectare land to Halle Berry.” - So that is the best way to designate the heir. “To Jennifer Anniston, the wife of Brad Pitt.” - If there are 2 persons having the same name, you should at least distinguished distinguished the heir is being given. There should be some description. In this example, it is an appropriate appropriate designation because by stating the wife of Brad Pitt , you will know who is instituted even if the 2 persons have the same name and surname. Q: What if the name of the heir is omitted? Example, “to my sister?” A: Well if you only only have one sister then the heir could be determined. determined. In this case, the institution institution is valid. valid. But if you have many sisters, in in this case, you have a problem. There must at least least some description of that that sister. If no description which will identify which of the 5 sisters is being instituted then the institution is not valid. Q: How about if only a nickname mentioned? For example, “To honey,” is that valid? A: Well it is valid if the name is omitted so how much more if only a nickname as long as the person referred to by the nickname can be identified. Q: Under this article, 2 or more persons have been instituted and these persons have the same name or 2 or more persons corresponds corresponds to the description, description, how would you solve the ambiguity ambiguity here? A: You can apply article 789:
Art 789. When there is an imperfect description, or when no person or property exactly answers the description, mistakes and omissions must be corrected, if the error appears from the context of the will or from extrinsic extrinsic evidence, evidence, excluding excluding the oral declaratio declarations ns of the testator testator unto his intention; and when an uncertainty arises upon the face of the will, as to the application of any of its provisions, the testator’s intention is to be ascertained from the words of the will, taking into consideration the circumstances under which it was made, excluding such oral declarations. This refers to Patent and Latent Ambiguity. So you can solve the problem by using Extrinsic (by going beyond the will) or Intrinsic Evidence ( by just looking at the will) and applying article 789, excluding Oral declarations by the testator. In the previous example, “To Jennifer Anniston.” Anniston.” 2 persons have the name Jennifer Anniston. Even if you have exhausted all the rules under article 789 still you cannot determine which of the 2 Jennifer Anniston has been instituted as the heir. So to whom will you give the property? property? Can you divide the property to both? No because because if you will divide the property between between the 2 you are defeating the wishes of the testator. You are giving something to whom the testator did not not intend to give something. something. The rule is, wala na lang kaysa half-half.
Article 844. An error in the name, surname or circumst circumstance ancess of the heir shall not vitiate vitiate the institut institution ion when it is possible, in any other manner, to know with certainty the person instituted. If among persons having the same names and surnames, there is a similarity of circumstances in such a way that, even with the use of other proof, the person instituted cannot be identified, none of them shall be an heir. In article 843 mentions mentions omissions. omissions. Article 844 mentions mentions error. There is a name, name, there is a surname surname or there are circumstances mentioned but there are only errors.
1. Error in the spelling of the name or surname. Error in the spelling of the name or surname. So spelling in the name or surname, they are negligible as long as the heir can be determined with certainty, just disregard the error.
2. Error in the circumstance. Example: “To my sister Kennu Reeves.” But actually you don’t have a sister named Keannu Reeves, but you have a brother. So even if there is error in the circumstance, the institution is still valid kasi ma-determine that the testator have only one brother named Keannu Reeves and no sister.
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Again, in case of doubt, ambiguities, imperfections, you can apply article 789. Patent or Latent Ambiguity curable by Intrinsic or Extrinsic Evidence. Q: How about Parol Evidence? Because the article says, “An error in the name, surname or circumstances of the heir shall not vitiate the institution when it is possible, in any other manner , to know with certainty the person instituted.” instituted .” IN ANY OTHER MANNER. Will this include oral declaration? declaratio n? A: Paras said, NO, still you are limited by article 789 of the NCC excluding the oral declaration by the testator.
Article 845. Every disposition in favor of an unknown person shall be void, unless by some event or circumstance his identity identity becomes certain. However, a disposition in favor of a definite definite class or group of persons shall be valid. Article 845 talks about a disposition in favor of an UNKNOWN PERSON. Q: Who is this Unknown Person? A: Under article 845, an Unknown Person Person is one that can be identified. Even if that person was actually actually known to the testator during the lifetime of the testator but by examination of the will the heir cannot be identified so he is an Unknown Person. So an unknown person person is not necessarily necessarily a stranger. He is an unknown person person if he cannot be identified, that is the only criteria. Under article 845, a disposition in favor of an unknown person who cannot be identified cannot be given effect, as if not written. Why? Because under the law, an unknown person person is considered to be one not existing. So you cannot give something to one who does not exist. EXAMPLE: 1. “To my student I give my 10-hectare land in Calinan.” Q: Can you identify who is that student? A: Some of you may claim because you are my student. student. But you cannot really prove because because there are no other circumstances which will point to you as the heir instituted. 2. “To my student who will get the highest grade in the 2006 Bar examination.” - This can be identified because sooner or later all of you will take the bar examination. examination. So that may be identified but only in 2006. There is no problem because the identifying circumstance may occur during the lifetime of the testator or after the death of the testator as long as the person person is living living at the time of death of the testator because because transmission transmission happens at the the time of death. death. 3.“To my students.” Q: Is that valid? A: This is valid because this is an institution of a class. So tanang students, you can identify. Institution of a class or group is allowed. Another example of a class or group: 1. To my relative relativess (article (article 959) – in this this case those those who are are nearest nearest to the testato testatorr will inherit inherit.. 2. The poor poor in in gene general ral (arti (article cle 1030) 1030) 3. In favor favor of of a certa certain in class class or or cause cause (arti (article cle 786) 786) 4. A perso person n and and his his child children ren (arti (article cle 849) 849) 5. Brothers Brothers and and sister sisterss of the the full full and and half half blood blood (artic (article le 848) 848)
Article 846. Heirs instituted without designation of shares shall inherit in equal parts.
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EXCEPTION: Article 846 cannot apply when there are compulsory heirs. EXAMPLE: 1. 10 hectares owned by the testator, it it is the only property of the testator. testator. He institutes A, B, C, and D as heirs. A happens to be the son of the testator. Q: How will you divide the 10 hectares? A: First because there is compulsory heir, the principle of Equality is somewhat qualified. Firt give the share of the compulsory compulsory heir. That share which which pertains to his legitime. So 10-hectare, 10-hectare, the legitime of the son is one-half. So out of 10 hectares, A will will get 5. Q: How about the remaining 5 hectares? Who will get the remaining 5 hectares? A: A, B, C and D. D. Because A was also also instituted as the heir. heir. The principle is, Institution refers refers to the Free Portion. So in the Free Portion of 5 hectares, hectares, A was instituted as an heir. heir. So wala man mention sa share so divide equally. So the remaining remaining 5 hectares is divided by 4, 1.25 hectares. hectares. In this case, A will will get the legitime of 5 hectares plus the 1.25 hectares, a total of 6.25 hectares. B, C and D will each get 1.25. This is what will happen when there is a compulsory heir. 2. The testator has an estate worth P300T. “I hereby institute A, B, C, D and E as heirs to my estate worth P300T but my car worth P20T will go to A, jewelry worth P50T will go to B and House worth P50T will go to C.” Q: How will you divide P300T? A: Because there are 5 heirs, under the principle of equality, it is divided by 5 (300T / 5 = 60T). So each will get P60T. Take note that the car is specific so hindi puede na bawasan. bawasan. For A: P20T P2 0T + 40T P60T
B: P50T C: P50T D: P60T + 10T + 10T P60T P60T
E: P60T
This is an illustration of the principle of equality when specific properties are given to different heirs.
DE BELEN v. BPI October 31, 1960 Facts: The provision “to Filomena OR her legitimate descendants” was found in the will of the testator. Filomena is the daughter daughter of the testator. Filomena Filomena has 2 children Ferdinand and Luisa. Ferdinand has 3 children, namely Paige, Phoebe and Ivy. The testator died in 1960 and Filomena died in 1975.
Issue: Upon the death of the testator to whom the properties go? Ruling: There is what we called Substitution. This is the case of Substitution. So there is no problem if the testator died ahead of the heirs. Upon the testator’s death, Filomena will now succeed to the property of the testator.
Issue: What if Filomena died, who will get the properties? Ruling: The provisions says, “to Filomena or her legitimate descendants.” descendants.” Applying the Principle of Equality, equal sila. Why not the nearer to Filomena her children? The principle the nearer excludes the farther apply to the relatives relatives of the testator. Here, the legitimate legitimate descendants are not
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Artic Article le 847 is an anothe anotherr aspect aspect of Princ Principl iplee of Equali Equality. ty. PRINCIPLE OF INDIVIDUALITY.
But more specifi specifical cally ly this this is called called the
“I designate as my heirs A and B and the children of C,” example, Britney, Cristina and Shakira are the children of C and the estate is worth P500T, under article 847 those collectively designated are deemed individually individually instituted. Children Children of C collective because they they are locked in one category as children of C. They are Individually instituted, so it is A, B, Britney, Cristina Cristina and Shakira. That is the proper interpretation. In this case, P500 shall be divided equally between A, B, Britney, Cristina and Shakira (P500T / 5 = P100T each). When you say collectively, and if this is to be construed as collective institution, different amount will be given to A, B and the children of C. In this case you have to divide the P500T into 3. 1/3 for A, 1/3 for B and Britney, Cristina and Shakira all in all will get 1/3, if they are deemed to be collectively instituted. But the law says individually instituted, so you consider them as one individual standing in the same category as A and B, so divide by 5. So this is the same case as “Filomena AND her legitimate descendants.” Collectively instituted but they should be instituted individually individually instituted (P200T divided divided by 6). So when you say AND apply article 847. Article Article 847 is based on the presumpt presumption ion that the testator testator intended intended to give equal share to the heirs. For example, I designate as my heirs A and B and the children of C. If the testator really intended to give the children of C only 1/3, or if he really intended a collective institution, he would have said, “I designate as my heirs A and B and 1/3 to the children of C.” Since it is silent the presumption is individual institution.
NABLE v. USON 27 P 73 Facts: The testator provided in his will, “I leave my property to my husband and after my husband died to my sisters and nieces.” After the husband died the property shall go to the sisters and nieces. So these are the sisters and the nieces: A – deceased – 2 daughters B - deceased – 3 daughters C – widow (alive) – no children D – alive – no children E – alive – no children F – alive – no children
Issue: How would you divide the properties? For example, P600T, divided by 6 or 9? Ruling: The lower court divided the estate into 6. For A’s share it is divided into 2, B’s share divided into 3, C 100T, D 100T, E 100T and F 100T. But this was overr overrule uled d by the Supre Supreme me Court Court applyi applying ng again again articl articlee 847, 847, those those collectively designated shall be considered individually instituted. Applying article 847 because there are no words in the will which would point out that collective institution was intended. Absent of those intention it is presumed that it should be equally or individually instituted. Therefore, applying article 847 you have to count each person individually: 2 daughters Therefore, the proper division would be: 3 daughters P600T / 9 = P66, 666. 66 C (All get equal share) D E F • • • • •
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can do so because there is no legitime of brothers and sisters. But in Legal Succession, the brothers and sisters, if there are no descendants or ascendants, they inherit. When the testator institutes his brothers and sisters whether or full blood or half blood they are deemed to have been instituted equally. Meaning, they get equal shares. No preference as to the blood relationship. There is no presumption that that the affection affection for those of the the full blood is is greater of those those of the half blood. Under the Old Civil Code - there there was a distinction. Before the shares of the brothers brothers and sisters of the full blood is twice as much as the half blood. New Civil Code – the distinction distinction has been been erased. They are are now the same. same. So if all the brothers and sisters are are of full blood, no problem. All of half blood, still still no problem. But you have to note that in Intestate Succession Succession or Legal Succession, this rule does not apply. INTESTATE SUCCESSION The shares shares of the the brothe brothers rs or sister sisterss of the full blood, is twice as much as those of the half blood. So here there is a presumption that the affection of the testator for the brothers and sisters of the full blood is greater greater than those of the half blood
TESTATE SUCCESSION There is NO such presumption.
Q: In testamentary succession there is no presumption that the affection of the testator for the brothers and sisters of the full blood is greater than those of the half blood? A: Because had the testator intended to give more to his brothers and sisters of the full blood, then he would have provided so in his his will. If the institution institution is silent, then it is presumed equal. Q: The testator provides in his will, “I institute as heirs to my estate worth P100T, A my full brother, B my half sister, C my illegitimate brother, D a friend. How much will each get? A: Under article 848, the full brother and half sister will inherit in equal shares. Under article 846, when there is silence as to the number of shares they are presumed to have inherited equally. Unless a different intention appears, so when a different intention appears then of course the presumption will apply. So this article will will only apply when there is silence silence as to the shares. When a contrary intention intention appears this presumption will will give way to the intention of the testator. Where should that intention be gathered? gathered? From the will because if you give a different meaning to the institution from other some evidence, you are varying the provision of the will by means means of Oral or Extrinsic Evidence. Evidence.
Article 849. When the testator calls to the succession a person and his children, they are all deemed to have been instituted instituted simultaneously and not successively. successively. This article is known as the Principle of SIMULTANEITY. SIMULTANEITY. Simultaneously meaning at the same time. Not successively or one after the other. When you say and his children this phrase refers to the person instituted not to the testator. Example, the testator institutes as heir B and the 3 children of B to an estate of P100T. Under article 849, they are deemed deemed to have been instituted instituted simultaneou simultaneously, sly, meaning meaning they will all inherit inherit at the same time upon the death of the testator. testator. So B + the 3 children of B = 4 (P100T (P100T /4 = P25T each). each). Again article 849 says they are all deemed so meaning there is only a presumption. presumption. So there is nothing nothing which can prevent the testator from providing in his will that the institution shall be successive not simultaneously.
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If the testator would says, “for taking care of me while I was insane, I hereby institutes Cris as heir to my house and lot in Davao City.” If it turns out that Cris really did not take care of the testator that statement becomes a false cause. But should Cris inherit? inherit? YES. Because Because the statement for taking care of me shall be considered as not written. So here the institution is valid. Cris would still get the inheritance because the law presumes that the real cause for giving Cris the house and lot is the liberality or generosity of the testator not the false cause.
EXCEPTION: unless it appears from the will that the testator would not have made such institution if he had known the falsity of such cause. Unless it appears in the will , so the will itself must reveal the intention that the testator really did not want to give the property to the heir instituted were it not for his belief of false cause. Example, “I was about to institute my friend Luke as heir to my house and lot in Davao City but I am morally indebted to Julia for having taken care of me while I was insane therefore I give my house and lot in Davao City to Julia instead of Luke.” Here it clearly appears that the testator really wanted to give the property to another person Luke but because of the phrase Julia phrase Julia took care of the testator while the testator was insane , so the testator give the property to Julia. But if it turns out that Julia really did not take care of the testator during the testator’s insanity, the cause for giving Julia the house and lot becomes a false cause and because it clearly appears in the will that had the testator not believe in the false cause he would not have given the house and lot to Julia then in this case the institution of Julia is invalidated. Julia will not ger the property. Q: How about Luke because the testator really intended to give the property to him? Will Luke gets the property? A: NO because Luke was not instituted. It was Julia. Julia. Julia will not inherit because there was a false cause and the false cause was the reason why the testator testator gave the property to Julia and that reason appears in the will. will. So the institution of Julia is invalidated but Luke will also not get the property because he was not instituted.
AUSTRIA v. REYES 31 S 754 Facts: The testator said, “I hereby give my property to 5 adopted children.” But it turned out that the adoption was not legal.
Issue: Will the institution of these 5 adopted children be invalidated because of phrase adopted children is a false cause?
Ruling: Yes, applying article 850 NCC, the statement of a false cause for the institution of an heir shall be considered as not written. Another reason, there was no intention or no provision in the will that the testator did not really want to give the property to the children were it not for his belief that the children were adopted. You cannot gather from the will that the testator would not have made the institution if he had known the falsity of the cause. In this case, the Supreme Court said, you apply the general rule. Q: How about ILLEGAL CAUSE? A: According to some authorities in succession, almost the same rule. The statement of Illegal cause for the institution will not invalidate the institution, the illegal cause is deemed not written. Example, if the testator will provide “I give my car to B because B helped me rape C.” So here as a general rule the statement of the illegal cause will not invalidate the institution, it is just deemed not written. The testator can give the property to the instituted heir because the presumption is it is not really the illegal cause which motivated the testator to give the property but his liberality or generosity. But like article 850, when the illegal cause is the sole and primary motivation for the institution then the illegal cause will invalidate the institution.
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A: Fraction or undivided interest.
Example: 1. 2.
Testator Testator says, “I hereby hereby institu institutes tes A to ¼ of of my estate estate.” .” - In this this case, case, ¼ shall shall go to A. The other other ¾ shall shall descend to the heir by legal or intestate succession. “I hereby hereby give to A ¼, ¼, B 1/3 of my estate estate.” .” – the same same rule when when there there are may heirs. heirs. So So ¼ + 1/3 do not amount to one whole. The rest shall descend to legal heirs.
Article 851 should be applied when there is NO INTENTION on the part of the testator to give the remaining part of the estate. estate. So only the specific portions portions mentioned. Q: How about if it is really the intention of the testator to give the entire to the instituted heir or heirs, what will apply? A: Let’s proceed with Article 852.
Article 852. If it was the intention of the testator that the instituted heirs should become sole heirs to the whole estate, or the whole free portion, as the case may be, and each of them has been instituted to an aliquot part of the inheritance and their aliquot parts together do not cover the whole inheritance, or the whole free portion, each part shall be increased proportionately. proportionately. So here the shares given to the instituted heirs when added do not comprise the entirety of the estate. ILLUSTRATION: 1. The estate is worth P120T but the testator merely provides “I hereby institutes A, B and C to my estate worth P120T, each receiving ¼. So ¼ multiplied multiplied by 3 is ¾. What will now happen to the remaining ¼? You just increase the share of A, B and C proportionately so that the total share of A, B and C will all amount to P120T. The ratio here is 1:1:1 A, B and C: ¼ of P120T is P30T. P30T + P30T + P30T = P90T P120T – 90T = P30T (remaining estate) P30T / 3 = P10T (remaining estate divided proportionately) proportionately) P30T + P10T = P40T (total share of A, B and C) 2. The testator institutes A, B and C to an estate of P120T. A: 1/6, B: 1/8, C: 2/3. Will those fractions amount to one whole? No. 1st step: get the least common denominator. Pinagamay na number number na maka-divide maka-divide sa 6, 8 and 3. It is 24.
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Article 853. If each of the instituted heirs has been given an aliquot part of the inheritance, and the parts together exceed the whole inheritance, or the whole free portion, as the case may be, each part shall be reduced proportionally. Article 853 is the exact opposite of article 852. The instituted heirs are given more than the whole of the entire inheritance. inheritance. So to arrive at the exact amount of the whole inheritance you just have to reduced the share. ILLUSTRATION: The testator institutes A, B and C to an estate worth P120T : A 1/4 , B 1/8 and C 2/3. A ¼ = 6/24 (120T divided by 4 times 1=P30T) 1=P30T) 30/125 (5T times times 30 divided divided by 125 =1200) =1200) 28800 B 1/8 =3/24 =3/24 (120T divided by 8 times 1=P15T) 1=P15T) 15/125 (5T times 15 divided by 125 = 600) 14, 400 C 2/3 =16/24 (120T divided by 3 times 2 =P80T) 80/ 125 (5T times 80 divided by 125 = 3200) 76800 P125T P120T •
•
The excess is P5T therefore their total share must be reduced reduced by P5T. The P5T shall be apportioned this way: A5T times 30 divided by 125 =1200 B 5T times 15 divided by 125 = 600 C 5T times 80 divided by 125 = 3200 P5T Total share of A, B and C: A P30T – 1200 = 28,800 B P15T – 600 = 14, 400 C P80T – 3200 = 76, 800 P120T
Article 854. The preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator, shall annul the institution of heir, but the devises and legacies shall be valid insofar as they are not inofficious. If the omitted compulsory heirs should die before the testator, the institution shall be effectual without prejudice to the the right of representation. representation. PRETERITION – it is the total omission generally due to mistake or oversight by the testator in his will of 0ne, some or all of the compulsory heirs in the direct line living at the time of the testator’s death.
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1.
If the compuls compulsory ory heir heir is given a devise devise or a legacy, legacy, he is is not considere considered d preterite preterited d even if the legacy legacy or devise is worth less than the legitime of the compulsory heirs. 2. If the estate estate is worth P100T P100T but the testator testator says, says, “I hereby institut institutee my heir to one-half one-half of my estate.” estate.” That That is the only provision in the will. For example, A is a son, an heir. There is no preterition even if A is not mentioned because something is being left for A in the inheritance. So P100T meaning P50T. The other P50T can go to A and P50T is the amount of the legitime of A. Still no preterition. 3. As long as there there is still still a balance balance after after all the provisio provisions ns in the will will have been been given effect, effect, there there are still still undisposed properties which the omitted compulsory heir may partake so there is no preterition. Sa bisaya pa, bisag na-dispose na tanang mga kabutangan kabutangan sa will kung naa pay mabilin mabilin properties kay wala nya gidispose tanang properties, naa pay mabilin sa compulsory heirs so walay preterition because there is no omission in the inheritance. 2.
THE OMISS OMISSION ION MUST MUST BE THE THE COMPULS COMPULSORY ORY HEIR HEIR IN THE THE DIRECT DIRECT LINE. LINE.
The law defines who are compulsory heirs: 1. The children children whether whether legitima legitimate te or illegi illegitima timate; te; 2. the parent parentss in the the abse absence nce of of the childr children; en; The spouse is a compulsory heir but the law says, IN THE DIRECT LINE meaning descending or ascending, either the testator came from the compulsory or the compulsory heir came from the testator, so the parents or the children. Q: How about adopted children if they are omitted in the inheritance, is there preterition? A: YES because under the Family Code, the adopted shall be deemed to be the legitimate child of the adopters and both shall acquire acquire the reciprocal reciprocal rights and obligations obligations arising arising from the relationship relationship of parent parent and child. By fiction of law he is considered as compulsory in the direct line. 3.
THE OMITT OMITTED ED COMPUL COMPULSORY SORY HEIR HEIR MUST MUST SURVIV SURVIVE E THE TEST TESTATO ATOR. R.
Meaning, the omitted compulsory heir must be living or at least conceived at the time of death of the testator. Q: What if the omitted compulsory heir died ahead of the testator, will there be preterition? A: No because in that case you cannot say that he is omitted. In the first place, by reason of his early death he is deemed not to have inherited from the testator. Again, the rights to the succession are transmitted from the moment of death. So if the compulsory heir died ahead of the testator there is no right transmitted to the compulsory compulsory heir. EXCEPTION: if the compulsory heir who dies ahead of the testator has children who can represent him. We have in succession the term Representation wherein the representative is exalted to the position of the one they are representing. In this case there is preterition. Q: What is the effect of Preterition?
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A: There is preterition because C is omitted, assuming that no donation was given to C. In effect, it shall annul the institution of heirs but the legacy or devise insofar as they are not inofficious, meaning they do not impair the legitime shall be respected. Q: How will you divide the estate? A: The estate is P300T P300T and the legacy is P100T. P100T. A, B and C are the compulsory compulsory heirs. When there is a will, will, they are entitled to one-half of the hereditary estate as their legitime so the legitime of A, B and C is P150T. Meaning, the testator will just dispose dispose of the other P150 to anybody he wants, as Free Portion. Since the legacy is P100T wala nya nalampas or naapektuhan ang legitime sa compulsory heirs. Q: How about institution? A: Because there is preterition the institution is annulled. So in that case, you just divide the remaining P200T between A, B and C anyway the the amount 1/3 of P200T is more more than the legitime legitime of each compulsory compulsory heir. A: 1/3 of P200T B: 1/3 of P200T C: 1/3 of P200T D: legacy of P100T P300T Q: What if the legacy is P200T? A: in that case, the legacy is inofficious to the extent of P50T because the legitime is P150T therefore the Free portion is only P150T. Q: Because the legacy is inofficious should it be annulled in its entirety? A: No it should only be decreased. The remaining balance would be legitmes of A, B and C. So the proper way to compute is: 1st: Compute first the legitime. legitime. P150T / 3 = P50T (each legitime of A. B and C) nd 2 : The legacy should be decreased being inofficous. P200T – legacy less les s 50T 50 T P150T – the legacy is given effect effect to the extent of P150T. + P150T – legitime of A, B and C P300T Q: What if instead of giving a legacy to D, the testator will say, “I hereby institute as sole heir A, B and D to my estate worth P300T.” What will be the effect? A: The law says legacy or devises shall be respected. In this case, is there a legacy or a devise? No, D is instituted as heir. Meaning, the whole institution institution shall be annulled. Nothing will will be given to D because there is no legacy or devise, therefore, therefore, the whole estate shall be disposed of by way of intestacy. So P300 shall be divided equally to A, B and C. So each will get P100T. So here, you have to distinguish an heir from because the answer will vary. When you say heir, annulled. When you say legacy or devise respected as long as not inofficious.
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1. Estate is worth P300T. A, B and C are the children. D is a friend and was given a legacy of P60T. A and B are he only heirs instituted. C again is omitted. In this case there is preterition. preterition. So first determine determine the legitime (1/2 of P300=P150T). P300=P150T). A, B and C P50T each. Q: Who is the omitted heir here? A: C. So C should be given his legitime. Q: Where would you get the amount to be given to C? A: When there is preterition preterition the institution is annulled. annulled. But still you have to consider the the legacy: The legacy of P60T shall be taken from the Free Free Portion (P150 – P60T = P90T). P90T). The share of the one omitted shall be taken taken from the amount not disposed of by will. So in this case from the Free Portion, you should not immediately get from D. First from the portion not disposed of by will. Therefore: Therefore: Estate P300T Free Portion P150T Legitime P150 A P50T B P50T C (omitted) P50T –taken from the amount not disposed of by will D legacy P60T This is only with respect to the legitime because article 855 merely provides the share of the child or descendant omitted in a will must first be taken from the part of the estate not disposed of by the will. So article 855 talks only of the legitime. legitime. It has no concern of the Free Portion. Portion. 2. Estate P300T. A, B and C are children and D is a friend. A P80T B P80T C P10T D P100T P270T only; remaining P30T Q: What is the problem with this disposition? A: The legitime of A, B and C should be P50T each. each. But C here is only given P10T. So there is an impairment impairment of the legitime of C. Q: Where will you get the remaining balance to complete the legitime of C. A: You cannot immediately immediately get from D. You first get from the portion not disposed of by will. The estate estate is worth P300T, the will is disposed only of P270T. So there is a remaining balance P30T. So you add P30T to C (P10T + 30T = P40T). Kulang P40T). Kulang lang gihapon. The law says “so much as may be necessary must be taken proportionally from
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P300T
Article 856. A voluntary heir who dies before the testator transmits nothing to his heirs. A compulsory heir who dies before the testator, a person incapacitated tom succeed, and one who renounces the inheritance, shall transmit no right to his own heirs except in cases expressly provided for in this Code. 1st paragraph: A voluntary heir who dies before the testator transmits nothing to his heirs. Meaning, the heirs of the voluntary voluntary heirs. For example, D is the voluntary voluntary heir. D is instituted is not a relative, or a son but D is instituted as heir. So if D died ahead of the testator the children of D will not get anything anything by virtue of the disposition in favor favor of D. The term voluntary heir here covers covers also legacies or devises. So if a legacy or devise is given it transmits nothing to the heir of the voluntary heir. 2nd paragraph: A compulsory heir who dies before the testator, a person incapacitated to succeed, and one who renounces the inheritance, shall transmit no right to his own heirs except in cases expressly provided for in this Code. 3 1. 2. 3.
instances: predecease incapacity renu renunc ncia iati tion on or rep repud udia iati tion on
GENERAL RULE: If a compulsory heir predecease, incapacitated or renounce or repudiates the inheritance, they transmit nothing to their own heirs.
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expressly provided for in this Code. Although you may say that the Right of Representation is not really a real exception but still you can can apply it under article 856 as an exception. This This articl articlee speaks speaks of an heir heir who predec predeceas eased ed the testator testator,, incapa incapacit city y and one who renounce renouncess the inheritance. But this article applies applies by analogy to DISINHERITANC DISINHERITANCE. E. A compulsory heir who is disinherited disinherited shall transmit no right to his own heirs except when there is Right of Representation. Representation.
SECTION 3 SUBSTITUTION OF HEIRS Article 857. Substitution is the appointment of another heir so that he may enter into the inheritance in default of the heir originally instituted. Article Article 857 speaks of substitution. substitution. So here the appointment appointment of another heir in default of another heir instituted. So if the first heir cannot inherit for reasons provided for by law then the testator may appoint a substitute substitute in place of the original heir the substitute will instead get the inheritance which should have pertained to the original heir. From a reading of this article, you may think that substitution is only limited to a case wherein the original heir does not inherit and then it should be the substitute that should should inherit. There is only one that should inherit inherit either the original heir or the substitute. But this is not the only case of substitution because in substitution there there are also instances wherein both heirs, the original heir and the substitute, they all inherit. That is covered by the case of what what we call call the fidei fideicom commis missar sary y subst substitu itutio tion. n. So that that artic article le 857 should should be modifi modified: ed: Subst Substit ituti ution on is the appointment of another heir so that he may enter into the inheritance in default of the heir originally instituted or AFTER SUCH HEIR either one after the other or all at the same time. 2 Concepts of Substitution; 1. Dire Direct ct Sub Subst stit itut utio ion n – only one inherit. inherit. So if the original original heir defaults defaults then the substitutes inherit. inherit. So this this is
what is defined under article 857.
2. Indi Indire rect ct Subst Substit itut utio ion n – the inheritance is assumed by 2 heirs so one after the other. One inherits after the
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A simple substitution, without a statement of the cases to which it refers, shall comprise the three mentioned in the preceding paragraph unless the testator has otherwise provided. In substitution at least 2 heirs are involved either in default of one then the other or one after another. Q: In substitution from whom does the substitutes inherits? A: The substitute inherits from testator not from the person substituted. In substitution under article 859, the original heir should die before the testator, or renounce the inheritance or should be incapacitated to accept the inheritance. So that if the testator will provide that the substitute should inherit AFTER AFTER the testator died then that is not a case of simple substitution. So when the disposition is silent, the testator provides in his will “I give my car to A and I also appoint B as the substitute of A.” That is the only disposition, no mention of the cause for the substitution. So when should the substitution takes place because article 859 provides, should die (predecease), (predecease), should not wish (renounciation), (renounciation), should be incapacitated. incapacitated. So if the original heir dies ahead of the testator or renounces the inheritance or becomes incapacitated then the substitution shall be effective even if the disposition is silent as to the cause of the substitution. You must note under the last phrase of article 859 second paragraph unless unless the testator testator has otherwise otherwise provided. So the testator testator here is not precluded precluded from providing providing other causes. causes. So not only limited to predecease, predecease, renounciation, incapacity, incapacity, the testator can provide for other causes but if the disposition is silent then it is presumed that the 3 causes mentioned under article 859 are the ones being referred to by the testator. Q: So you can presume the grounds but can you presume that there is substitution? For example the testator institutes A and B as heirs, if B dies, is A considered he substitutes of B? A: In this case there is no substitution because the fact that B or another heir is being constituted as a substitute must be EXPRESSLY EXPRESSLY provided provided for by the testator. testator. No presumption that there is is substitution.
Article 860. Two or more persons may be substituted for one, and one person for two or more heirs.
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acquire the share of the heir who dies, renounces, or is incapacitated, unless it clearly appears that the intention of the testator was otherwise. If there are more than one substitute, they shall have the same share in the substitution as in the institution. Article 861 talks about RECIPROCAL RECIPROCAL SUBSTITUTION. SUBSTITUTION. So all the heirs are constituted as the substitutes of one another. ILLUSTRATION: 1. The testator A institutes A and B as his heirs. In case A dies ahead, renounces or becomes incapacitated, B will be the substitutes of A or in case B dies, renounces or incapacitated incapacitated A will be the shall be the substitutes of B. Each heir is the substitute of each other. Q: What if the share of A is P30T and the share of B is P10T. If A dies ahead of the testator, how much will go to B? A: In this case, the share of A which is P30T will still go to B even if the share of A is actually greater than the share of B because the law says the substitute shall acquire the share of the heir who dies, renounces, or is incapacitated, unless it clearly appears that the intention of the testator was otherwise. So under the last phrase if the testator will provide that B will be the substitute of A but only to the extent of the amount originally given to B. So in this case the testator EXPRESSLY EXPRESSLY provides that the substitution of B to the share of A is only to the extent of the inheritance by B. So if A dies dies ahead and that that is provided by the the testator then then B will only only get P10T not P30T because because the testator expressly provided so. 2. If there are more than 2 persons instituted. The estate is worth P300T, so A, B and C are the heirs, so each heir is the substitute of one another. Q: What if A dies ahead of the testator, how much shall be the share of B and C? According to the Civil Code they’ll have the same share in substitution as in the institution. So whatever share they get from the institution shall be the basis for their their share in the substitution. So So how will you you get the value of the inheritance inheritance of B and C? C? A: First as to the institution. A dies ahead so wala na labot si A. The share of A should had been P100T had A not died ahead of the testator.
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Article 863 defines Fideicommissary substitution (FS). So if you are asked to define what is FS you can just cite article article 863 or the substance thereof. thereof.
REQUISITES OF FS: (absence of any of the requisites will invalidated the FS)
1. The FS must must be EXPR EXPRESS ESSLY LY made made.. (art (articl iclee 865 1st paragraph) Article 865 1st paragraph: Every Fideicommissary Fideicommissary substitution must be expressly made in order that it may be valid. Q: How should you expressly made the FS? A: 1.By providing the name of the Fideicommissary Fideicommissary substitute or that this is a FS. Example, “I hereby appoint Miuccia Prada as the Fideicommissary Fideicommissary substitute of Caroline Calvin.” 2.
By providin providing g the obliga obligation tion to to preserve preserve and and obligati obligation on to transm transmit. it.
Example, “I hereby appoint Donna Karan as the substitute of Aerin Lauder with the obligation of preserving the property involved and of transmitting transmitting property in in favor of Aerin Aerin Lauder.” So remember that if the term FS is not mentioned at least you must mentioned that there is an obligation to preserve and transmit, expressly made. You can also use the word, with the obligation that my poerties remain unimpaired. So similar words used. To transmit or deliver, words of similar similar imports. Q: What if there is merely a suggestion or an advise? “I hereby appoint A as my heir but I suggest to A that he shall preserve and transmit transmit the property property to B after after A’s lifetime.” lifetime.” Is there there FS?
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Q: From whom does the 2 nd heir receives the property? A: From the first heir because the 1 st heir is the one who delivers therefore the 2 nd heir receives the property from the 1st heir. Q: From whom does the 2 nd heir inherits? A: In this case, even if the 2 nd heir receives the property from the 1 st heir, the 2 nd heir actually inherits from the testator. So the 2 nd heir is the heir not of the 1 st heir but is the heir of the testator therefore the 2 nd heir must be capacitated to inherit from the testator, he must not die ahead of the testator, must not be unworthy, and must not repudiates the inheritance from the testator.
4. The second second heir must must not be beyond beyond one degree degree from the first first heir heir or the heir original originally ly institute instituted. d. Q: What do you mean by one degree? A: There are actually 2 views: 1. When we say degree degree,, we mean GENERA GENERATION TION becaus becausee under the law on succes succession sion later later on you will learn learn that generatio generation n is derived from degree. degree. So when you say degree, degree, generation. generation. Meaning, Meaning, one generati generation on st nd apart. So the 1 heir and the 2 heir must not be beyond one degree or one generation apart. So you count one generation from the first heir not from the testator. Meaning, the 2 nd heir must either be child or a
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As we discussed FS must be express in order to be valid. Why? Because FS is not favored by law because this kind of substitution limits the disposition disposition of the property. Under the Civil Code on Succession socialization socialization of ownership is one of the objectives of succession and in FS it does not really socialize ownership because the ownership of the property is limited to certain persons only or within the confines of certain family.
Q: Under article 865, what are the obligations are the fiduciary? A:
1. obliga obligatio tion n to preser preserve ve the the prop propert erty; y; The obligation to preserve is just corollary to the obligation to deliver because how can you deliver something that you have not preserved preserved.. Moreover, Moreover, preservati preservation on also implies implies that you are prohibited prohibited from alienating alienating the property so you cannot cannot sell, donate donate or dispose either either during your lifetime or by virtue of a will. will.
2. obliga obligatio tion n to deli deliver ver the the prope property rty to to the 2nd heir; Q: When should the fiduciary deliver the property? A: If the institution is SILENT the date of when the delivery should be made, it should be MADE AT THE TIME
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A: Yes because in FS, FS, B acquires right right from the testator. testator. So A here is the usufruct, usufruct, B is the naked naked owner. A naked owner can sell the property although for 10 years he cannot enjoy the property. So the buyer is also subject to the right of B because B is the naked owner, but after 10 years usufruct and naked ownership are consolidated into one.
Article 867. The following shall not take effect: (1)Fideicommissary substitutions which are not made in an express manner, either by giving them this name, or imposing upon the fiduciary the absolute obligation to deliver the property to a second heir; (2) Provisions which contain a perpetual prohibition to alienate, and even a temporary one, beyond the limit fixed in Article 863; (3) those which impose upon the heir the charge of paying the various persons successively, beyond the limit prescribed in Article 863, a certain income or pension; (4) Those which leave to a person the whole or part of the hereditary property in order that he may apply or invest the same according to secret instructions communicated to him by the testator.
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(3) Those which impose upon the heir the charge of paying the various persons successively, beyond the limit prescribed in Article Article 863, a certain income or pension; This paragraph says Successively meaning one after the other. Example, the testator institutes A as heir and A has the obligation of paying to B pension of P10T a month. After B, C the child of B P10T, and D the child of C P10T a month. Q: This institution which obliges A to pay pension or income to B monthly, is this allowed? A: Yes as long as the inheritance is sufficient to cover the same and as long as it should not cover the legitime of A if A is a compulsory heir. Q: How about to C? If B dies, A will now pay the pension to C the child of B, is this allowed? A: The 3rd paragraph says paying various persons successively is allowed but when beyond the limit it is not allowed. So allowed pa sya. So to C ok lang because C is the child of B, so you should count from B. From B there is only one degree. So under paragraph 3, you should not consider A as the 1 st heir. It should be B so that there there is one degree degree
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another the usufruct, usufruct, shall be valid. If he gives the usufruct usufruct to various persons, not simultaneously, but successively, the provisions of Article 863 shall apply. Examples: 1. “I hereby hereby give to Dolce Dolce a usufruc usufructt over my house house and lot and and to Gabbana Gabbana the naked naked ownershi ownership.” p.” This This is valid. – This is valid 2. “I hereby hereby give to Dolce Dolce the naked owners ownership hip over my house house and lot and to Gabban Gabbanaa and Dior the usufru usufruct.” ct.” – if you go back to your laws on Property, usufruct in favor of as many persons who will claim successively, hindi puede. 3. “I hereby hereby give to Dolce Dolce the naked naked ownershi ownership p over my house house and lot then then the usufruc usufructt to Gabbana Gabbana and when when Gabbana died then Christian will succeed to the usufruct and when Christian died, Dior will succeed to the usufruct.” – From Gabbana Gabbana to Christian it is valid. But from Christian Christian to Dior is no longer valid because it is beyond the limit under article 863. If Gabanna, Christian Christian and Dior are just bestfriends, from Gabanna to Christian and from Christian to Dior, all are not valid because they are not one degree. It should be measured under article 863.
Article 870. The disposition of the testator declaring all or part of the estate inalienable for more than twenty years are void.
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SECTION 4.
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1. “That my said husband shall not leave my sisters after my death, and that he shall not marry anyone.” 2.
It appears na parang condition but there is no forfeiture clause. Walang stipulation na if he does not do these things, he will forfeit the inheritance. “should my husband have children by anyone, he shall not convey any portion of the property left by me.” Here there is a forfeiture clause. a. Should Should my husban husband d have children children by by anyone anyone – this this is is a conditi condition. on. b. He shall not convey any portion – this is the clause stating the forfeiture of the property should the husband have children by anyone.
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In the case of Miciamo, If upon the death of the Miciamo (upon the death since this is the time when the condition is to be performed), if for example upon his death the law really says that the property should be disposed of in accordance with Philippine Laws, then the brother opposed because he wanted to dispose the property according to the national law, in this case, the condition is valid because it is measured according to the time when the condition is to be performed.
Article 874. An absolute condition not to contract a first or subsequent marriage shall be considered as not
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So article 875 is what we call DISPOSITION CAPTATORIA. Example, “I hereby institute Calvin as my heir provided that he will also institute me as his heir.” Or, “provided that he will institute my son or my friend or anybody as his own heir.” This is what we call Disposition Captatoria. Captatoria. Q: Why is it prohibited? A: Because the controlling motive or the main consideration in Succession is the liberality of the testator. If you
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was unaware thereof, it shall be deemed as complied with. If he had knowledge thereof, the condition shall be considered fulfilled only when it is of such a nature that it can no longer exist or be complied with again. This article talks about CASUAL or MIXED condition. CASUAL CONDITION CONDITION – if it depends upon chance and/or upon the will of 3 rd person.
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If the testator has not fixed the amount of such legacies, it shall be fixed in accordance with the social standing and the circumstances of the legatee and the value of the estate. If the testator during his lifetime used to give the legatee a certain sum of money or other things by way of support, the same amount shall be deemed bequeathed, unless it be msrkedly disproportionate to the value of the estate.
LEGACY OF EDUCATION:
Q: For how lonh should the legacy of education lasts? A: GENERAL RULE: Up to the age of majority (18 years old) EXCEPTION: The law says or beyond the age of majority in order that the legatee may finish some professional, vocational or general course, provided he pursues his course diligently. Q: How do you know that the heir or legatee pursues his course diligently? A: This is a question left to the discretion of the court.
LEGACY OF SUPPORT:
GENERAL GENERAL RULE: Lifetime of the legatee, as long as the legatee is alive the legacy for support lasts. EXCEPTION: EXCEPTION: The testator can provide otherwise. Puede for certain or shorter period. Q: How much is the value of the legacy for education or legacy for support? A: The 3 rd paragraph says the testator can can fix the value. If the testator has not fixed the value value then, the amount shall be in accordance to the social standing and the circumstances circumstances of the legatee and and the value of the the estate. Q: What is the value of the estate referred to here? A: If the legacy is charged against the estate then it should not exceed the value of the free disposal. But if the legacy is charged against an heir or another legatee then the value should not exceed the inheritance of that heir or lagatee charged with the legacy for support or education. If during the lifetime of the testator, naghatag sya ug P100T a month, so that be the standard provided again that it should not exceed the value of the free disposal.
Article 945. If a periodical pension, or a certain annual monthly, or weeky amount is bequeathed, the legatee may petition the court for the first installment upon the death of the testator, and for the following ones which shall be due at the beginning of each period; such payment shall not be returned, even though the legatee should die before the expiration of the period which has commenced. We have learned that you can actually provide for legacy of allowance or pension. For example, the legacy is to give B P5T every 15 th day of the month. Then the testator died first day of the month. Q: Should the heir wait for the 15th para makuha nya ang amount? A: The heir can petition after the death of the testator, makuha na nya ang 1 st installment and for and for the following ones which shall be due at the beginning of each period. Q: For example, 1 st day pa lang gikuha na nya ang allowance and on the 2 nd day namatay na ang legatee, should the estate of the legatee return the money? A: No, you cannot return the money anymore. Q: When do you petition? (legatee so there is a Will) A: The procedure is: The will must be admitted to probated; After the will is admitted to probate, the legatee can petition the court for the delivery to him of the allowance provided that the debts and taxes of the estate have been paid first. You have to pay first the debts and other charges because there are situations wherein the debts exceed the value of the estate such that even if there are legacies and devises in the will of the testator, if the debts of the testator exceed the value of the estate then you cannot give effect to the legacy or devise. • •
Article 946. If the thing bequeathed should be subject to a usufruct, the legatee or devisee shall respect
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This is a burden on the property property but this is not a burden burden whichn is use to secure a recoverable recoverable debt. debt. And under article 946, this passes on to the legatee legatee or devisee. The legatee or devisee has to respect the usufruct. usufruct. You should wait until the usufruct is extinguished. You cannot just demand that the estate of the testator free the property from the usufruct.
Article 947. The legatee or devisee acquires a right to the pure and simple legacies or devises from the death of the testator, and transmits it to his heirs. Q: What is a Pure and Simple legacy or devise? A: That which is subject to any condition. So upon the death of the testator, makuha dayon dili na sya maghulat ug period, dili na sya maghulat ug condition, the legatee or devisee acquires a right to the pure and simple legacy or devise. This article talks about the Right to the Pure and Simple legacy. Meaning from the time of the death of the testator, you already already have the right. Right lang, wala wala pa ang property sa imoha. Q: What if it involves a specific property? A: If the property is specific then you acquire the property from the testator’s death.
If the property property is generic then from the time of the selection selection.. Although Although you have right to the legacy legacy or devise from the time of death but the property itself , you have the right over the property from the time of selection. Becuase until the estate or the heir, legatee or devisee charged has chosen the property, you cannot identify which property property is being given. So the time of selection selection that is the time that you have the right over the property. If Alternative, from the time of selection also. If to be acquired from a stranger, from the time of acquisition.
Q: What if the legacy or devise is subject to a condition? As long as the condition has not happned yet, there shall be no right. But as long as the condition is fulfilled, when do you count the accrual of the right? A: It retroacts to the death of the testator. In effect, once the condition is fulfilled fulfilled it is as if you acquire the right from the moment of death of the testator. So if anything happen from time of the death of the testaor and up to the fulfillment of the condition, for example, some other person acquires adverse interest over the property, you can calim prefercne because because once the condition is fulfilled your right retroacts retroacts to the date of the death of the testator. So that is in legacies or devises subject to a condition. We also have legacies or devises subject to a Term (resolutory or suspensive term). We discusee before na you have to wait until the arrival of the term. But if the legatee or devisee die prior to the arrival of the term, what happens should you extinmguish it right now? Who will exercise the right? Q: Example, the testator gives a legacy of a car to B 10 months from death of testator. So 10 months from the death of the testator nakuha na nya ang property. When does the right of B over the legacy, 10 months after or after the death? A: he acquired acquired the right from the time time of death. Although Although na-suspen na-suspend d lang ang effectivit effectivity. y. If B dies before 10 months and he has his own heirs, his own heirs can get the property after 10 months. So when you say Term, the right to the property vests only upon the arrival of term.
Article 948. If the legacy or devise is of a specific and determinate thing pertaining to the testator, the legatee or devisee acquires the ownership thereof upon the death of the testator, as well as any growing fruits, or unborn offspring of animals, or uncollected income; but not the income which was due and unpaid before the latter’s latter’s death. From the moment of the tesator’s death, the thing bequeathed shall be at the risk of the legatee or devisee, who shall, therefore, bear its loss or deterioration, and shall be benefited by its increase or improvement, without prejudice to the responsibility of the executor or administrator.
From the moment of death of the testator all income or fruits of determinate thing pertaining to the testator, the legatee or devisee acquires ownership thereof. Q: How about from the moment of the institution of the will up to the time before the death? A: These are not included, but not the income which was due and unpaid before the latter’s death
These These are
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Art. 781. The inheritance of a person includes not only the property and the transmissible rights and obligations existing at the time of his death, but also those which have accrued thereto since the opening of the succession.
• • • •
We have here article 948 co-relate with article 781 and article 793 of the Civil Code. Inheritance – you can apply article 781. Legacy/ devise – you can apply article 948. (The same with article 793.) Inheritance - article 793. If specific legacy/devise we have article 948.
2nd paragraph: From the moment of the tesator’s death, the thing bequeathed shall be at the risk of the legatee or devisee, who shall, therefore, bear its loss or deterioration, and shall be benefited by its increase or improvement, without prejudice to the responsibility of the executor or administrator. Naturally because from the moment of the testator’s death, the specific legatee or devisee already own the specific legacy or devise therefore, in accordance with the rule Res Perit Domino the owner bears the loss, so whatever deterioration deterioration or loses that may be caused on the property at the time of the moment of death of the testator and thereafter, these deterioration or loses shall pertain to the legatee or devise. If the thing is lost by virtue of the fortuitous event, the owner bears the loss. But if the loss is by fault of anyone other than the legatee/devisee, you apply the rule on quas-delict or Obligation and contracts like in case there is a delay in the delivery of the thing given as legacy/devise and the legatee/devisee already demanded for it, if there is a delay and the thing is lost before the delivery, the estate, the heir or legatee or devisee burdened shall bear the loss. Article 948 talks about growing fruits. fruits. In your Property, you have discussed growing growing fruits, expenses for their gathering, preservation.
Article 443. He who receives the fruits has the obligation to pay the expenses made by a third person in their production, gathering gathering and preservation. preservation. Q: Should the heir or the devisee/legatee in article 948 pays the testator for the expenses with respect to the production under article article 443? A: No becaus becausee with with respec respectt to the legate legatee/d e/devi evisee see,, the testato testatorr is not conside considered red as a third third person person.. The legatee/devisee legatee/devisee is merely succeeding to the rights of the testator. With respect to the cost of gathering, the article says, growing fruits, meaning, still attach to the ground or land. So any fruit or crop that has been gathered at the time time of the death of the testator, so gathered gathered na sya dili na growing. Q: To whom shall those gathered crops pertain? A: To the testator testator because because it is already already separate separate from the land at the time of the time of the death. death. So only GROWING CROPS (still attach to the land), by virtue of Accession.
APPLICABILITY OF OF ART. 948:
1. 2.
It appli applies es to Simp Simple le and and pure pure legacy legacy/de /devis visee Legacies Legacies and devises devises subjec subjectt to resolutor resolutory y condition. condition. Meaning, Meaning, at the time time of death, death, you own the the property property and the fruits but after the condition is fulfilled, you retrun the property.
Q: How How about about the legacy legacy/de /devis visee is subjec subjectt to a Suspen Suspensiv sivee condit condition ion?? Suspen Suspensiv sivee condit condition ion meanin meaning, g, the legatee/devisee legatee/devisee only acquires the property upon the fulfillment of the concdtion. concdtion. But still, as we discussed before, before, the right retroacts to the moment of death. A: Artcile 948 applies in view of the retroactive effect of the condition once it is fulfilled. Q: How about Supensive Term? The right already already pertain to the legatee/devisee from the moment of death But how about the property, di ba it is merely suspended? A: When you say suspensive term, you already have personal right over the fruits. Personal lang, a right that can be imposed imposed against the estate. estate. Since Since the right right to the property property itself vests only from the moment the term arrives therefore, the legatee/devisee legatee/devisee acquires REAL RIGHT RIGHT over the fruits or income from the moment of delivery. And as you distinguished Personal Right from Real Right, the former can be enforced only against the estate, the latter can be enforced against the world.
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120 Miss. 74 (1953) Facts: The testator provides in his will, “I hereby give a legacy of monthly allowance to B and the legacy is to be effective if and only if I have not done this during my lifetime.” Meaning, effective sya kung walay allowance gihatag during the lifetime. For example, the monthly allowance is P2,000. After the execution of the will, will, the testator made a donation to B giving B P2,000 per month for 10 years. Later on, the testator testator again executed a 2 nd will, so the provision in this will is the same as those in the first will. After the testator executed the 2 nd will, he stops giving allowance to B. B filed an action against against the testator. The purpose of his action action is to give effect to the legacy na tagaan sya ug monthly allowance of P2T per month.
Issue: What is being relied upon by B? Ruling: B now is exercising the Right of Ademption. The Right of Ademption which is the process of giving effect inter vivos to a disposition mortis causa. He wants to give effect to the legacy whi h is disposition mortis causa anmd he wants to give effect to this legacy inter vivos, vivos, during the lifetime of the testator because the testator says the legacy is to be effective if and only if I have not done this during my lifetime. That is the Right of Ademption. The Supreme Court however, denied it because the testator intended not to give to B the monthly alloawance. Why? Because after he made the 1 st will then he ande a donation, he executed another will and right after he executed the 2 nd will, he stopped giving the testator testator to B. So here there is clearly clearly on the part of the testator NOT to give effect to the legacy during the lifetime. If for example, the testator did not execute a 2 nd will and the donation stop then B can file an Action for Ademption.
Article 949. If the bequest should not be of a specific and determinate thing, but is generic or of quantity, its fruits and interests from the time of the death of the testator shall pertain to the legatee or devisee if the testator has exepressly so ordered. Article Article 949 speaks of Generic Generic thing meaning meaning it has not been segregate segregated d or particularly particularly designated designated.. So before selection, you do not know for sure what property is being given. For example, a legacy of a car. The testator has many cars. cars. So prior to selection, selection, you do not know what car is being given given to you. GENERAL GENERAL RULE: The right to the fruit does not pertain to the legatee/devisee prior to selection and even after the death of the testator. EXCEPTION: EXCEPTION: If the testator expressly provides that the legatee/devisee legatee/devisee will still get the fruits prior to selection. Example, if the testator provides, “I hereby give to C taxi (daghan sya taxi) and I expressly declare that C shall get the income from the taxi from the moment of my death and thereafter.” – in this case, even if there has been no selection the fruits or income will pertain to the legatee/devisee. Q: How about money? “I hereby hereby give to B cash worth P5M.” P5M.” Is money generic? A: Yes (gawas lang kung ibutang a serial number sa money) Q: How about the interest? A: The interest accrues only from the time of default. When is there default? When there is demand. So there has to be demand on the part of the leagtee leagtee in order to place the estate estate or the heir, heir, the legatee/devisee legatee/devisee charged in in default.
Article 950. If the estate should not be sufficient to cover all the legacies or devises, their payment shall be made in the following order: (1) Remunera Remuneratory tory legac legacies ies or devises; devises; (2) Legacies or devises declared by the testator testator to be preferential; preferential; (3) Legac Legacies ies for for suppo support; rt; (4) Legac Legacies ies for for educati education; on; (5) Legacies or devises devises of a specific, specific, dterminate dterminate thing which which forms a part of the estate; estate; (6) (6) All All oth other erss pro rata. rata.
Under article 911 we have the following order:
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ART 911
ART 950
This article is applied when there is/are compulsory heir/s AND/OR there are donations inter vivos
This article is applied when there NO compulsory heirs heirs and their legitime legitimess are in danger danger of being being impaired impaired AND/OR there are NO donations donations inter vivos. vivos. All you have to do is, among the legaci legacies/ es/dev devise isess which which of them them shoul should d be given given priority over the other. If there are compulsory compulsory heirs but their legitimes are not impaired you can apply article 950.
Keyword for Article 950: RPSESA RPSESA R – remuneratory E – education P – preferential S – specific things S – support A – all others
REMUNERATORY REMUNERATORY LEGACIES/DEVI LEGACIES/DEVISES SES – these are given by the testator as a remuneration or compensation, as a reward to certain persons, not as payment of a debt. The amount given does not constitute a recoverable debt such that the legatee/devisee cannot file an action against the testator for recovery of the amount because it is merely a remuneration. PREFERENTIAL – declared by the testator to be given preference. SUPPORT – Under article 290 of the Civil Code, it refers to everything that is indespensible like the food, sustenance, clothing, education, medical attendance, so the word education is included under the Civil Code. But under article 950 you have to separate the two. So all items for Support excluding education. EDUCATION EDUCATION – this comes after support. SPECIFIC SPECIFIC THINGS (LEGACIES-DEVIS (LEGACIES-DEVISES) ES) – You have to remember the word “which forms a part of the estate.” Why? Because even if it is specific legacy or devise but it is not yet on the estate and it is to be acquired from another person or another estate, it is not included included in the legacy or devise of a specific determinate determinate thing. If the legacy/devise is to be taken from another person to be given to the legatee/devisee, in that case, that falls under All others pror rata. Under article 950, we have the same process of computation with article 911 for as long there are no compulosery heirs and/or donations inter vivos.
Article 951. The thing bequeathed bequeathed shall be delivere delivered d with all its accession accessionss and accessories accessories and in the condition in which it may be upon the death of the testator.
Article 952. The heir, charged with the legacy or devise, or the executor or administrator of the estate, must deliver the vey thing bequeathed if he is able to do so and cannot discharge his obligation by paying its value. Legacies of money must be paid in cash, even though the heir or the estate may not have any. The expenses necessary for the delivery of the thing bequeathed shall be for the account of the ehir or the estate, but without prejudice to the legitime.
Q: What is the obligation of the heir, or legatee/devisee or the estate charged? A: Their obligation is to deliver the very same thing given. Even in alternat alternative ive legacies legacies/devi /devises, ses, you have to deliver deliver the thing thing which which is contempl contemplated ated within the selection. You cannot deliver deliver another thing.
Legacy of money, for example example cash P500M. If there is no cash, puro lang lang property sa estate, you have to to sell the properties. First, personal properties, properties, if insufficient the you sell real properties. properties.
Q: Who shall bear the expenses for the delivery of the thing bequeathed or devised? A: The burdened burdened heir, legatee/devi legatee/devisee see or the estate estate shall bear such expenses If he is a compulsor compulsory y heir, the
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or administrator of the estate should he be authorized by the court to deliver it.
Article 954. The legatee or devisee cannot accept a part of the legacy or devise and repudiate the other, if the latter be onerous. Should he die before having accepted the legacy or devise, leaving several heirs, some of the latter may accept and the others may repudiate the share respectively belonging to them in the legacy or devise. This article talks about one legacy/devise. Example, a house, it is a single devise but partly onerous, onerous, partly gratuitous. gratuitous. A is the heir. The 1 st floor and the 2nd floor are given to A but with respct to the 2 nd floor, there is a burden and the burden imposed is for A to pass the bar. A cannot reject the 2nd floor with a burden and accept the other one. Dapat tanan. Q: What if A died after the testator and he has heirs B, C and D? A: His own rights will pass to his own heirs. Q: If C does not want the onerous devise but B and D gusto sila, is it allowed? A: It is allowed, so C will just refuse and only B and D will receive the devise provided that B and D should accept the ENTIRE DEVISE with all the onerous condition.
Article 955. The legatee or devise of two legacies or devises, one of which is onerous cannot renounce the onerous one and accept the other. If both are onerous or gratuitous, he shall be free to accept accept or renounce both, or to renounce either. But if the testator intended that the two legacies or devises should be inseparable from each other, the legatee or devise must either accept or renounce both. Any compulosry heir who is at the same time a legatee or devisee may waive the inheritance and accept the legacy or devise, or renounce the latter and accept the former, or waive or accept both. Article 955 there are 2 legacies/devises, legacies/devises, one is onerous the other other is not. The rule is the same, you cannot cannot accept the gratuitous and repudiates repudiates the onerous. So you have have to accept both. But of both are onerous or both are are gratuitous, you cannot accept the other and repudiates the other.
Common under article 954 and 955: Article 954, The legatee or devisee cannot accept a part of the legacy or devise and repudiate the other, if the latter be onerous. Under article 955, The legatee or devise of two legacies or devises, one of which is onerous cannot renounce the onerous one and accept the other.
Q: What if you choose to accept the onerous and reject the gratuitous, is it allowed? A: The law says cannot accept a part of the legacy or devise and repudiate the other, if the latter be onerous, onerous , so you cannot repudiate the onerous onerous and accept the one which which is not burdened. Also in article 955, cannot renounce the onerous one and accept the other. Q: Is there any prohibition if you accept the onerous and reject the one which is not burdened? A: None in article article 954 and article article 955. 3rd sentence 1 st paragraph: But if the testator intended that the two legacies or devises should be inseparable from each other, the legatee or devise must either accept or renounce both. This is applicable if there are 2 or more legacies/devises and ALL of them are onerous or ALL of them are not onerous. Even if as a general rule, di ba puede mu-acceot ang isa i-reject ang isa, if the testator INTENDED INTENDED that
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A: It shall go by way of intestacy.
EXCEPTION: 1) Substitution – The testator provides in his will, “To A I give a car, to B cash and C house and in case B defaulted or unable to receive receive the cash X shall be the substitute of B.” So if B dies ahead of the testator, the money given given to B by way of legacy legacy will not be retuned to the estate estate but it shall go to the the substitute.
2). Right of Accretion – A, B and C are heirs to a house. What if B dies ahead of the testator, testator, what happens happens to the share of B? Shall it go by way of intestacy? Will it go to the substitute? substitute? Is there a substitute? In this case, case, there will be accretion. accretion. He share of B will now accrue to A and C. You will learn later on that when 2 or more heirs are instituted to the same inheritance, is one of them becomes incapacitated there will be right of accretion in favor of the other heirs. We have what we call the order which have to be followed in case there is a vacancy in the portion inherited. We have the acroname ISRAI: I – institution S – substitution 1. 2. 3. 4. 5.
R – representation A – accretion
I – intestacy
You have to follow follow the disposit disposition ion of the testato testator, r, if there’s there’s an institut instituted ed heir then then you give the propert property y to the instituted heir; If there there is none or the instit instituted uted heir heir becomes becomes incapacit incapacitated ated,, then if there there is a substitute substitute then then give to to the substitute; If there there is is no substi substitute tute then repre represent sentation ation if proper proper;; if there there is nom representa representative tive or represent representation ation is not proper proper then it will will go by way of accretion, accretion, it shall shall go to the other co-heir; If accreti accretion on will not not be possibl possiblee then finall finally y intestate intestate or or legal succe succession ssion..
Article 957. The legacy or devise shall be without effect: (1) If the testator testator transfor transforms ms the thing bequeat bequeathed hed in such manner manner that it does not retain either the form or the denomination it had; (2) If the testator testator by any title title or for any cause cause alienates alienates the thing thing bequeathed bequeathed or any part thereof, it being understood that in the latter case the legacy or devise shall be without effect only with respect to the part thus alienated. If after the alienation the thing should again belong to the testator, even if it be by reason of nullity of the contract, the legacy or devise shall not thereafter be valid, unless the reacquisition shall have been effected by virtue of the exercise of the right repurchase; (3) If the thing bequeathed is totally totally lost during during the lifetime lifetime of the testator, testator, or after after his death without the heir’s heir’s fault. Nevertheles, the person person obliged to pay the legacy or devise shall be liable for evicton if the thing bequeathed should not have been determinate as to its knid, in accordance with the provisions of Article 928. This article enumerates the instances wherein the legacy/devise shall be WITHOUT effect.
1. TRAN TRANSF SFOR ORMS MS THE THE THI THING NG
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The testator gives a devise of a land. If the testator after giving the land to A, the testator sells or donate (by any title) the land then, there is revocation of the devise. So the legacy/devise becomes ineffective. PART of the property then the revocation is only as to the part alienated. So only If the testator alienates PART partial not entire entire revocation. revocation. ILLUSTRATION: 1. The testator gives gives a specific land in his his will to B. The will was executed executed in 1989. In 1990, the testator sells sells to C the same land given to B. C in 1995 donated the land to the testator. testator. The testator died in 2000. Q: What happened to the devise of a land to B upon the death of the testator in 2000? Is it still effective or already revoked? A: Still it is revoked. What is important is is that the testator alienated the property. property. If after the alenation alenation the thing should again belong to the testator, the law says the legacy or devise shall not thereafter be valid. Bisan pa nareacquire nya, still the devise/legacy shall not be valid. 2. Same land given to B by way of devise, then subsequently after the execution of the will, the testator sells the land to C. However, the sale between the testator and C is declared null and void for lack of consideration. Null and void meaning mabalik sa testator ang property. Q: After the death of the testator, is the devise to B still valid or not? A: Still it is void. void. Even if it be by reason of the nullity nullity of the contract. contract. EXCEPTION:
The reacquisition shall have been effected by virtue of the exercise of the right repurchase.
1) The testator gives the land to B by way of devise. In 1990, the testator executed a Deed of Sale with C (pacto de retro, there is right of repurchase). repurchase). Before the tesaor died he exercised his right under the pacto de retro sale, he repurchased the land. Q: When the testator died, what will happen to the devise? Is it already revoked because of the sale or it reamians valid? A: If he has reaquired it by virtue of the right of repurchase, meaning the testator really intended to take back the land because he wants to give effect to the devise so in that case, it is the presumption of the law that is why when there is a right of repurchase and the testator exercise that right prior to his death then even if the property was previously alienated alienated still the the legacy or devise devise remains valid. valid. 2) If the testator sold the land to C but C threatened the testator that he will kill the testator if he will not sell the land to C. So gibaligya na lang sa testator ang land kay C. Q: What is the nature of the contract between the testator and C? A: It is voidable because there is vitiated consent. Q: The testator re-acquired the land kay na-declare na null and void. So what happen to the legacy/devise, is it revoked or it remains effective? A: Under article 957, it must be voluntary. So when the alienation is not voluntary because ther has been vitiated consent, it has been effected by fraud, violence, intimidation or mistake then there is NO REVOCATION of the legacy/devise. Q: If the testator devise a land to B and subsequently the testator sold the land to B. What happened to the devise, is it valid or becomes ineffective becuas it has ben alienated by the testator ? A: According to Paras, it is valid. But because the testator sold it to B, so si B na ang owner at the time of the death but not at the time of the execution of the will and B acquired the land by virtue of onerous title. So the rights of B upon the death of the testator is reimbursement.
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Q: Is the Provision valid? A: It is valid because the testator knows knows that he is merely a co-owner. It is an implied order to the estate estate to acquire the property to be given to B. Q: Prior to the death of the testator, the testator and X decided to end their co-ownerhip, so there is partition. The testator just agreed na reimburse lang sya ni X sa iyang share. So kay X na ang land tanan. After the death of the testator, what happen to the devise in favor of B? A: It is valid and revoked. The valid part is the portion of X. X because the testator testator provides “I hereby give the land I co-owned with X.” So ihatag nya. It does not matter that the land is owned by X. the testator knows that the land is not his but he gives the land in its entirety to B. Q: How about the protion previously co-owned by the testator? A: It is the one revoked because by agreeing that he should be reimbursed by X, he is in effect alienating the property. The devise cannot contemplate money because it is not the one devised, it is the land. So with respect to the share of the testator to which which he agreed to be reimbursed by X, it is considererd considererd revoked. B can only ask for the share pertaining to X. As to the part pertaining to the testator, that has been revoked.
3. LOST LOST OF TH THE THI THING NG
The thing is lost WITHOUT the fault of the testator. What do we mean by lost? It is either physical or legal. Physical kung dili na sya makit-an. Legal like for example when the thing is expropriated. When the thing is not specific, it is generic or determinate, then the choice pertains to the estate or the legatee/devisee or the heir charged, charged, in which case they should not deliver deliver a thing which has defect. Like when the thinh chosen by the heir, estate, legatee/devisee is really owned by another person. So nawala sya. Therefore, even if the thing is lost, still the heir, estate, legatee/devisee charged is liable for eviction. Tagaan gihapon nya ang legatee/devisee legatee/devisee or the heir.
Article 958. A mistake as to the name of the thing bequeathed or devised, is of no consequence, if it is possible to identify identify the thing which the testator testator intended to to bequeath or devise. devise. This article is related to article 844 and article 789.
Article 844. An error in the name, surname or circumstances of the heir shall not vitiate the institution when it is possible, in any other manner, to know with certainty the person instituted. If among persons having the same names and surnames, there is a similarity of circumstances in such a way that, even with the use of other proof, the person instituted cannot be identified, none of them shall be an heir.
Art 789. When there is an imperfect description, or when no person or property exactly answers the description, mistakes and omissions must be corrected, if the error appears from the context of the will or from extrinsic extrinsic evidence, evidence, excluding excluding the oral declaratio declarations ns of the testator testator unto his intention; and when an uncertainty arises upon the face of the will, as to the application of any of its provisions, the testator’s intention is to be ascertained from the words of the will, taking into consideration the circumstances under which it was made, excluding such oral declarations. So even if there is a mistake in the name of the thing bequeathed or devised, if it is possible to determine which of the thing of the tetsaotr is really intended, intended, the mistake is of no consequence. So the devise/legacy remains remains valid. So you can use the provisions of article 844 and 789.
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Under this artcle, the nearer relative excludes the farther. So if there are parents then the brothers & sisters are excluded. But under this article take note that there is no preference as to line. So it does not matter matter if descending or ascending, direct direct or collateral This This is in testate succession. succession. So grandparents & brothers brothers & nd st sisters are in the 2 degree, they will both inherit in default of the 1 degree.
Q: What if the testator says, “I give my land to the relative of my wife.” Will article 959 apply? A: No, article 959 applies applies only when the relatives relatives are that of the testator. testator. So if relatives relatives of my wife or relatives relatives of my children, dili na applicable ang 959. Q: If the testator says, “To all those who are entitled to my land.” Will article 959 apply? A: When the testator ssya to all those who are entitled, the clause evidently refers to intestate heirs and not to the tesator’s relatives. relatives. What he really means is that the land shall go by way of intestacy. So the rules of intestacy or legal succession will govern.
Chapter 3 LEGAL OR INTESTATE SUCCESSION Section 1. – General Provisions Article 960. Legal or intestate succession takes place: (1) (1) If a pers person on dies dies with withou outt a will will,, or with with a void void will, will, or one one whic which h has has subsequently lost its validity; (2) When When the will will does does not instit institute ute an heir to, or dispose dispose of all the proper property ty belonging to the testator. In such case, legal succession shall take place only with respect to the property of which the testator has not disposed; (3) If the suspensive suspensive conditi condition on attached attached to the institution institution of heir does not happen happen or is not fulfilled, or if the ehir dies before the testator, or repudiates the inheritance, there being no substitution, and no right of accretion takes palce; (4) When the heir instituted instituted is incapable incapable of succeeding, except except in case case provided in in this Code. The instances where legal or intestate succession are enumerated in this article. 1.) WITHOUT A WILL, VOID WILL, SUBSEQUENTLY LOST ITS VALIDITY
If a person dies without a will, naturally his estate will go by legal succession. succession. Void will – When does the will becomes void? Example, when it does not comply with the formalities required by law. In this case, even if there is a will it shall be denied probate and the estate of the decedent shall be disposed of by way of legal succession. Subsequently lost its validity – Example, valid will but revoke by the testator. By virtue of the revocation, the will loses validity. Therefore, Therefore, you cannot give effect to the will and the estate will be dispoed of by way of intestacy.
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If the heir dies dies ahead ahead of the testator testator and there there is no repres represent entati ative ve yo succee succeed d then then again again intest intestate ate succession In case of repudiatio repudiation, n, there there being no substitu substitution, tion, no represent representative ative and no right right of accretion accretion then intestacy.
4) INCAPACITY We will learn later on the cases of incapacity. If incapacitated incapacitated again, it shall go by way of legal succession. Q: Aside form these instances under article 960, what are the other instances? A: 1. Preterition; 2. Impr Improp oper er Dis Disin insh sher erit itan ance ce 3. Fulfillm Fulfillment ent of a Resolutory Resolutory condition condition – because because the fulfillme fulfillment nt of the resolutory resolutory conditio condition n extinguishe extinguishess the institution. As a consequence, the property shall go by way of intestacy. 4. Arriv Arrival al of the Resolu Resolutor tory y per period iod Q: What is the rationale of intestacy/legal succession? A: Testate Testate succession succession is based based on the expresse expressed d will of the testator as written written on the will. In legal or intestat intestatee succession it is based on the presumed will of the testator. The law assumed that had the testator left a will then he would have disposed of his properties in favor of the persons named by the law as his legal heirs.
It is legal because it is the law which fixes the terms of inheritance. It is intestate beucase there is no will.
Forced Succession Legal/intestate Legal/intestate succession Succession to the legitime regardless of the will of Succession the dispositions are provided for by law the testator. So even if it is against the the desire of the because it is based on the presumed will of the testator but the heirs are compulsory heirs then the testator. testator has to give to these compulsory heirs.
Article 961. In default of testamentary heirs, the law vests the inheritance, in accordance with the rules hereinafter set forth, in the legitimate and illegitimate relatives of the deceased, in the surviving spouse, and in the State. This article talks about who are entitled to the estate of the decedent if he has left no will or he has no qualified testamentary testamentary heirs. So in default of testamentary heirs the legal heirs inherit. inherit. Article 961 does not yet talk about the preference or order. It only talks about who are entitled to the estate in default of testamentary testamentary heirs.
PRINCIPLE: Not all legal/intestate heirs are compulsory heirs. But all compulsory heirs are legal heirs.
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Article 962. In every inheritance, the relatives nearest in degree excludes the more distant ones, saving the right of representation when it properly takes place. Relatives in the same degree shall inherit in equal shares, subject to the provisions of Article 1006 with respect to relatives of the full and half blood, and of Article 987, paragrapg 2, concerning dividion between the paternal and maternal lines.
RULES:
1) The nearer excludes the farther. – Rule of Proximity The 1st degree degree relative relativess excludes excludes the 2 nd degree relatives and so on and so forth subject to the right of Representation. Representation. By virtue of the right of representation, the farther becomes just as near, they are raised to the place and degree of the person represented, so as if the representative and the person with whom the representative concur are in the same level.
2) Rule of Equal Division (2nd paragraph) So tanan brothers nimo, they they inherit in equal shares. Tanang uncles & aunties they they inherit in equal share if they are of the same degree. EXCEPTION: Article 1006 with respect to relatives of the full and half blood. – Those who are in the half blood, their share is only half as that of the full blood. Article 987 paragraph 2 concerning division between the paternal and maternal lines. Right of Representation Representation - If A, B and C are to receive receive equal shares. But if A dies dies and A is represented represented by his children D and E, B and C shall have equal shares but D and E shall have lesser shares than B and C because D and E will just have have to divide the the shares of A. Legitimate and illegitimate illegitimate children – They are all children of the testator so they are all in the same degree but because of the status, one gets gets half of the other. •
• •
•
Subsection 1 RELATIONSHIP Article 963. Proximity of relationship is determined by the number of generations. Each generation forms a degree.
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In the direct, ascent ascent is made to the common ancestor. ancestor. Thus, the child is one degree degree removed from the parent, two from from the grandchildren, grandchildren, and three from the greatgrandparent. greatgrandparent. In 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 removed from his brother, three from his uncle, who is the brother of his father, four fromm his first cousin, and so forth.
Article 967. Full blood relationship is that existing between persons who have the same father and the same mother. Half 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.
Article 968. If 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 take place. ILLUSTRATION: The testator has children X, Y and Z. If X becomes incapacitated to inherit, predecease the testator or does not want to accept accept or is unworthy, unworthy, what what happen happen to his share? Maadto Maadto kay Y and Z. Exception Exception,, if the right of representation is proper (also substitution).
Article 969. If 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 fllowing degree shall inherit in their own right and cannot represent the person or persons repudiating the inheritance. Artcile 969 talks about what happens when there is Repudiation, although this is not a complete discussion under this article. Example, X, Y and Z are the children of the testator. If X repudiates the inheritance and the estate is worth P300T, P300T, what happen to the share share of X? You will learn later later that the person person who repudiates repudiates the inheritance inheritance CANNOT be represented. So the children of X, A and B, cannot represent X. Q: What happen now to the share of X? A: It shall go to Y and Z (tunga-on nila). Q: But if ALL of them repudiate the inheritance, what will happen?
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1) TESTATE SUCCESION – covers only the legitime. The testator instituted instituted as his sole hiers his children A, B and C to his estate worth P300T. A dies ahead of the testator. He has a child D. D will represent A as to his legitime. legitime. So P100Tis the supposed supposed share of A (100 / 2 = 50T), in effect as to his legitime, D will get 50T. The free portion of P50T will go to B and C, 25T each. D is not allowed to get the free portion because in this respect his father A was a voluntary heir. 2) LEGAL OR INTESTATE SUCCESSION - The right of representation when proper covers ALL that the person being represented represented would have inherited. inherited. The testator dies without a will and the estate is worth P300T. The estate will be divided by 3 to A, B and C, P100T each. Since A predecease the testator his share maadto maadto sa iyang heir D, that is the entire P100T. Q: What do right of representation covers? A: The Right of Representation covers not only the properties but also the transmissible rights and obligations. Q: Can the adopted child represent, or can he be represented? A: Under the Family Code Code article 189, there is created created by virtue of the adoption a relationship of parent parent and child between the adopter and the adoptee. If the adopter dies ahead of his parents, the adoptee cannot represent the adopter because under the Family Code, the relationshiop is created created only between the adopter and the adoptee. Take note that the representative inherits not from the person represented but from the person to whom the person represented would have inherited. inherited. So the adoptee cannot inherit because there there is no legal relationship between him and the parent of the adopter. Q: What about if the adopter dies, will the adopte inherit from the adopter? A Yes. Q: What about if the adoptee has a child X and the adoptee dies, can X inherit from the adopter? A: No. The law is specific that the relationship created is between the adopter and the adoptee. (siguro if relative sila by blood or illegitimate illegitimate child child nya then iyang gi-adopt ☺)
Article 971. The representative is called to the succession by the law and not by the person represented. The representative does not succeed the person represented but the one whom the person represented would have succeeded. So again, I have illustrated illustrated this in my previous example, the representative does not inherit from the person represented but the person to whom the person represented would have inherited.
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Q: A has a child B who has a child C. If B disinherits C, is it still possible for C to represent represent B in the succession? A: Yes, as long as C is not incapacitatated to inherit from A. After all, the determination determination is as to C’s capacity to succeed from A not from B.
Article 974. Whenever there is succession by representation, the division of the estate shall be made per stirpes, in such manner that the representataive or representatives shall not inherit more than what the person they represent represent would inherit, inherit, if he were were living or could could inherit. Per stirpes means inheritance by group all those within the group inheriting in equal shares.
Article 975. When children of one or more brothers or sisters of the deceased survive, they shall inherit from the later by representation, representation, if they survive with their their uncles or aunts. But if they alone survive, they shall inherit in equal portions. ILLUSTRATION: B and C are A’s brothers. X is the child of B and Y and Z are the children of C. The estate is worth P300T. A is the decedent. Q: If C predecease A, how is the estate divided? A: B gets P150T and Y and Z gets P75T each. Q: If B and C predecease A, how is the estate divided? A: X, Y and Z each each get P100T. P100T. They They inheri inheritt in their their own right. right. Theref Therefore ore per capita capita and not by right of representation.
Article 976. A person may represent him whose inheritance he has renounced. Article 977. Heirs who repudiate their share may not be represented.
PRINCIPLE: PRINCIPLE: A renouncer may represent (art 976) but may not be represented (art 977.)
Example, A has 2 children B and C. B has 2 children D and E. D has a child F. B dies in 1997 but D repudiates his share (from B). A dies in 2000. Q: Can D still inherit from A?
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An adopted child succeeds to theproperty of the adopting parents in the same manner as a legitimate child.
Article 980. The children of the deceased shall always inherit from him in their own right, dividing the inheritance in equal shares. This is true even if the children come from different marriages, for after all, the dead parent is the common parent.
Article 981. Should children of the deceased and descendants of other children who are dead, survive, the former shall inherit in their own right, and and tha letter by right of representation.
representation, and if any one Article 982. The grabdchildren and other descedants shall inherit by right of representation, of them should have died, leaving several heirs, the portion pertaining to him shall be divided among the latter in equal portions.
When the children children are ALL dead, the grandchil grandchildren dren inherit by right right of represen representatio tation, n, provided provided that representation is proper. When ALL the children repudiate, there is no right of representation and therefore the grandchildren inherit in heir own right, per capita and in equal portions.
Article 983. If illegitimate children survive with legitimate children, the shares of the former shall be in the proportions presecribed by Aticle 895.
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G A and B are the parents of E. C and D are the parents of F. E and F are married to each other, and G is their child. Estate of G who dies without a will is P1M. Q: If A, B, C, D, E and F survive, how will the estate be divided? A: E and F get P500T each. The others are excluded. Q: If A, C. D and F survive, how will the estate be divided? A: F gets the P1M. A cannot represent E because there is no right of representation in the ascending line. Q: If A and B survive, how will the estate be divided? A: Each gets P500T, P500T, because the law says “should “should there be more than one of equal degree degree belonging to the same line, they shall divide the inheritance per capita.” Q: If A, B and C survive, how will the estate be divided? A: C gets P500T, A and B get P250T each, because the law says.”should they be of different lines but of equal degree, one-half shall go to the paternal, and the other half to the maternal maternal ascendants. In each line, the division shall be made per capita.”
Subsection 3 ILLEGITIMATE CHILDREN Article 988. In the absence of legitimate descendants or ascendants, the illegitimate children shall succeed to the entire estate of the deceased.
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legitimate ascendants get 1/2 and illegitimate children get ¼. In Intestacy legitimate ascendants ½, illegitimate descendants ½. So first give to the legitimate legitimate ascendants ascendants their legitime which which is P50T. The remainder P30T P30T will be to the illegitimate illegitimate children. So when there is partial intestacy, there are legacy, charged the legacy to the share of the illegitimate children children who will get more in intestacy intestacy than in testacy. testacy. You do not impair impair the legitimes legitimes of the legitimat legitimatee ascendant ascendants. s. Provided Provided that you do not also impair the legitimes legitimes of the illegiti illegitimate mate children. children. So in this case, case, the legitime of illegitimate children is P25T. If the legacy is worth P30T, you reduce the legacy by P5T because it becomes inofficious. Give P25T to the illegitimate children.
Article 992. An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate illegitimate child. Article 992 is the Principle of Absolute Separation with the legitimate family and the illegitimate family. So there is Reciprocal prohibition. This is prohibition is also called the IRON-CLAD BARRIER. Q: What is the reason for this prohibition? A: The illegitimate child hates the privilege disposition of the legitimate family and the resources of which s it is thereby deprived. The reason for the hatred of the legitimate family towards the illegitimate child is because the illegitimate child is the reminder of the sin of the parents, palpable evidence of a blemish broken in life. The law recognizes this animosity between the legitimate and illegitimate illegitimate family.
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Q: Can G represent E? A: Yes, under article article 990. So H alos may represent represent E in the estate of C.
If the person to be represented is an ILLEGITIMATE, he can be represented by his legitimate and illegitimate illegitimate children. If the person to represented is a LEGITIMATE child, he can only be represented by his own legitimate children.
Q: How do you reconcile articles 902, 989 and 990 with article 992. A: In the case of Diaz v. IAC (Feb 21, 1990): Arts 902, 989 & 992 Art 992 Speaks Speaks of the succes succesion ional al right right of illeg illegiti itimat matee This is the exception. Even if illegitimate illegitimate children children chil childr dren en whic which h righ rights ts are are tran transm smit itte ted d to thei their r have the right to succeed from their parents they descendant upon their death whether legitimate or cannot inherit from the RELATIVE RELATIVE of their parents. illegitimate. illegitimate. (General Rule) Q: Article 992 says legitimate children and relatives of his father or mother. Who are the reltives included here? A: The relatives relatives include include not only collatera collaterall relatives relatives but all relatives relatives related related to the father or mother of the illegitimate illegitimate child by blood (Diaz v. IAC). Q: The word “relative” does this include the father himself himself because he is a relative? (stupid question daw according to Atty ☺) A: This was asked in the case of Dela Merced v. Dela Merced (Feb 25, 1999) . In this case, case, the Supreme Supreme Court said that article 992 prohibuts the illegitimate child from inheriting from the relative of his father, not from his own relative. Does not include include the father in the word relative. relative. The illegitimate illegitimate child can inherit from his illegitimate illegitimate father. He cannot only inherit from from the relative of his father. father.
Daya Maria Tol v. Adriano Villamor July 20, 1992
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mother kshall succeed to his entire estate; and if the child’s filiation is duly proved as to both parents, who are both living, hey shall inherit from his share and share alike.
Article 994. In default of the father or mother, an illegitimate child shall be succeeded by his or her surviving spouse. Who shall be entitled to the entire. If the widow or widower should survive with brothers and sisters, nephews and nieces, she or he shal l inheir one-half of the estate, and the latter the other half. Q: Who are the heirs of the ILLEGITIMATE ILLEGITIMATE child (articles 993 and 994) A: 1. Legitima Legitimate te childr children en and and other other legit legitimat imatee descenda descendants; nts; 2. Illegi Illegitim timate ate chil childre dren n and other other descen descendan dants ts 3. Illegitim Illegitimate ate parents; parents; ( NB: NB: An illegitim illegitimate ate child child has no legitim legitimate ate ascenda ascendants) nts) 4. Surv Surviv ivin ing g spou spouse se;; 5. Illegitim Illegitimate ate broth brothers ers and and sisters sisters subject subject to to article article 992; 6. Nephew Nephewss & nieces nieces subjec subjectt to rule in article article 992 (because (because nephews nephews & niece niecess who are legitim legitimate ate cannot cannot inherit from the illegitimate child.) 7. Other Other Col Collat latera erall relai relaives ves up to to the the 5th Civil degree of Consaguinity 8. The State. Q: With respect to LEGITIMATE child, who are his heirs? A: 1. Legitima Legitimate te childr children en and and heir heir legiti legitimate mate descendan descendants; ts; 2. Legitima Legitimate te paren parents ts and and other other legit legitimat imatee ascendan ascendants; ts; 3. Illegi Illegitim timate ate child children ren and and their their descend descendant ants; s; 4. Surviving Surviving spouse, spouse, withou withoutt prejudice prejudice to the rights rights of brothers brothers & sisters sisters,, nephews nephews & nieces should should there there be any; 5. Brothers & sisters subject to to article 992. (illegitimate (illegitimate brothers & sisters cannot inherit inherit from him); 6. Nepwhe Nepwhess & niece niecess subjec subjectt to arti article cle 992; 992;
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be entitled to the same share share as that of a legitimate legitimate child. child.
Article 1000. If legitimate ascendants, the surviving spouse, and the illegitimate children are left, the ascendants shall be entiled to one-half of the inheritance, and the other half shall be divided between the surviving spouse and the illegitimate children so that such widow or widower shall have one-fourth of the estate, and the illegitimate illegitimate children the other fourth
Article 1001. Should brother and sisters or their children surviving with the widow or widower, the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half.
Article 1001. In case of legal separation, if the surviving spouse gave cause for the legal sepration, he o she shall not have any of the rights granted in the preceding articles. RULES FOR SURVIVING SPOUSE:
You have to remember that for the spouse to inherit she has to be a legal spouse. The decedent and the
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A: In intestate the share of the spouse spouse is ¼. So the legacy is charged to the share share of the spouse because because in testate she will only get 1/8, provided that you do not impair the legitime of the surviving spouse. Dapat dili less than 1/8 ang iyang share.
Subsection 5 COLLATERAL RELATIVES Article 1003. If there are no descendants, ascendants, illegitimate children, or a surviving spouse, the collateral relatives shall succeed to the entire estate of the deceased in accordance with the following article.
Article 1004. Should the only survivors be brothers and sisters of the full blood, they shall inherit in equal shares.
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Example: C is the decedent. The parents of C are A and X. A has a sister Y (aunt of C). C has a brother B. B has children D and E (nephews & nieces of C). Q: Who is preferred? A: The nephews & nieces because theye are in the descending line and because in the order of intestate succession the nephews & nieces are preferred.
Subsection 6 THE 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.
Article 1012. In order that the State may take possession of the property mentioned in the preceding article,
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Chapter 4 PROVISIONS COMMMON TO TESTATE AND INTESTATE SUCCESSION Section 1 RIGHT OF ACCRETION Article 1015. Accretion is a right by virtue of which, when two or more persons are called to the same
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Q: What if, “I give to A the north portion of my lot in Ma-a, to B the south, amd to C the east portion.” Is there unity of object? Is accretion proper? A: No. A can point to the north etc. etc. There is already a specification specification of the portion owned owned by the heir. With respect to money or fungible goods, as lomg as the share of devisee, legatee or heir is not earmarked, there is still unity of object. So accretion is proper ILLUSTRATION: 1. “To A, B and C my cash in in Metrobank Metrobank.” .” - Is there there unity unity of object object?? The sharing sharing of A, A, B and C is is still still pro indiviso. There is still no determination as to the determinate share of the each heir. They are owners of the cash pro indiviso. Even if the testator will say “in equal share, or one-half” there is still unity of object according to article 1017. 2. “To “To A my cash cash in Metroba Metrobank, nk, to B my cash cash in UCPB, UCPB, and to C my cash in DBP.” DBP.” Is there there now unity unity of object? The shares of the legatees are already earmarked. Or, “to A my cash in my valut, to B my cash in my wallet, to C my cah in my piggybank.” When there is already earmarking of shares THEN THERE IS NO UNITY OF OBJECT. OBJECT. Or, “to “to A the 1 st floor, to B the 2 nd floor, and to C the 3 rd floor.”
Article 1016. In order that the right of accretion may take place in a testamentary succession, it shall be
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Q: How about predecease, will there be accretion in intestate succession? A: No because because when the heir predecease the decedent, there will be no vacant portion portion to speak of. of. In this case, case, duha lang ang iyang heirs. But still, the effect will be the same. So kung namatay ug una si C, ang iyang share maadto gyapon kay A and B. Pero dili sya matawag na accretion because there is no vacant portion, there is predecease but the effect effect is the same as that of accretion. accretion. ☺ ILLUSTRATION: ILLUSTRATION: The testator testator has 3 children children A, B and C. C repudiates his share. share. So his share shall go by accretion accretion to the others. Even if C has his own heirs, his own own heirs will not be able to represent represent him because RENOUNCER RENOUNCER CANNOT BE REPRESENTED. So accretion will take place.
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A: Article 1039. Capacity Capacity to succeed is governed by the law of the nation of the decedent. decedent. So take note that it is not the national law of the heir but the national law of the decedent. BAR QUESTION: QUESTION: What matters are now governed by the national law of the decedent? A: Under article 15: 1. the the orde orderr of of suc succe cess ssio ion; n; 2. the amount amount of succ success ession ional al righ right; t; 3. the intrinsic intrinsic validty validty of the testamen testamentary tary provision provision;and ;and
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(5) Any physician, physician, surgeon, surgeon, nurse, nurse, health health officer officer or druggist who took care care of the testator during his last illness; (6) Individuals, associations and corporations corporations not permitted permitted by law to inherit. inherit. 1 st Paragraph: The priest who heard the confession of the testator during his last illness, or minister of the gospel who extended spiritual aid to him during the same period. Q: What is the reason for this?
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A: this will now be valid because the prohibition only applies when the institution or the giving is during the subsistence of the guardianship prior to the approval of the final account.
Even if the guardianship subsists if the guardian is the spouse, ascendant, descendant,brother or sister the provision is valid valid because it is is presumed that the reason here here is not undue influence influence but affection. affection.
Q: How about cousins or nephews & nieces? A: The law says spouse, ascendant, descendant, brother or sister, so limited only.
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Q: Are there entities which do not have juridical personality but may otherwise inherit? A: The Soul (article 1029). Artcile 1029 is commonly called the Instituion of the Soul.
1. 2. 3.
REQUISITES: The diposition diposition must be for for prayer prayerss and pious works; works; The prayers prayers and and pious works works must must for the the bnefit bnefit of the testa testator’ tor’ss soul. – If prayers prayers and pious pious works works only only with no specification oas to the soul then this article will not apply. The dispos dispositi ition on must must be in in genera generall term; term;
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