BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​

TN: No, because obligations referred to are transmissible obligations except

monetary obligations. Rule 86 of the ROC, the law provides a specific
MODULE 1
procedure as to how monetary obligations shall be settled when a debtor
GENERAL PROVISIONS
dies.
ART. 774 - 782

There must be a settlement proceeding and it is the job of the administrator

to settle the claims of the estate.
MODES OF ACQUIRING OWNERSHIP

TN: Monetary obligations cannot be raised directly by the heirs.

SUCCESSION IS A MODE OF ACQUIRING OWNERSHIP

PROCEDURE FOR ENFORCING MONEY CLAIMS
Art. 712. Ownership is acquired by occupation and by intellectual
creation. RULE 86 Claims Against Estate

Ownership and other real rights over property are acquired and Section 1. Notice to creditors to be issued by court. — Immediately after
transmitted by law, by donation, by testate and intestate succession, granting letters testamentary or of administration, the court shall issue a
and in consequence of certain contracts, by tradition. notice requiring all persons having money claims against the decedent
to file them in the office of the clerk of said court.
They may also be acquired by means of prescription. [acquisitive]
Section 2. Time within which claims shall be filed. — In the notice
provided in the preceding section, the court shall estate the time for the
Ownership is acquired by: filing of claims against the estate, which shall not be more than twelve
(12) not less than six (6) months after the date of the first publication of
●​ By occupation - the thing is without an owner but is susceptible the notice. However, at any time before an order of distribution is
to being owned. entered, on application of a creditor who has failed to file his claim within
○​ Ex. You’re a fisherman, that’s acquiring ownership over the previously limited, the court may, for cause shown and on such terms
the fish that you caught. In cases of theft, you can use as are equitable, allow such claim to be filed within a time not exceeding
Art. 712 as a defense. one (1) month.
●​ By intellectual creation - ex. Patent, intellectual property
●​ By provision of the law - ex. A mango tree leaning towards your Section 3. Publication of notice to creditors. — Every executor or
property and a fruit fell on your lot. You’re already considered an administrator shall, immediately after the notice to creditors is issued,
owner of that fruit. cause the same to be published three (3) weeks successively in a
newspaper of general circulation in the province, and to be posted for
●​ By means of prescription the same period in four public places in the province and in two public
places in the municipality where the decedent last resided.
TN: The mere fact that you have a Certificate of Title does not prove
ownership. Succession is one of the modes in acquiring ownership. Section 4. Filing of copy of printed notice. — Within ten (10) days after the
notice has been published and posted in accordance with the preceding
Article 774. Succession is a mode of acquisition by virtue of which the section, the executor or administrator shall file or cause to be filed in the
property, rights and obligations to the extent of the value of the court a printed copy of the notice accompanied with an affidavit setting
inheritance of a person are transmitted through his death to another or forth the dates of the first and last publication thereof and the name of
others either by his will or by operation of law. (n) the newspaper in which the same is printed.

Section 5. Claims which must be filed under the notice. If not filed,
EXTENT OF LIABILITY OF AN HEIR barred; exceptions. — All claims for money against the decedent, arising
from contract, express or implied, whether the same be due, not due, or
1.​ The heirs are not liable for the debts of the estate beyond their contingent, all claims for funeral expenses and expense for the last
share in the inheritance. sickness of the decedent, and judgment for money against the decent,
must be filed within the time limited in the notice; otherwise they are
Estate is liable for the debts left by the decedent. Debts are to be deducted barred forever, except that they may be set forth as counterclaims in any
before the heirs can get their shares. action that the executor or administrator may bring against the
claimants. Where an executor or administrator commences an action, or
Procedure: Collect all assets, deduct debts, then partition the shares. Up to prosecutes an action already commenced by the deceased in his
what extent? Up to all its assets. If the estate has zero balance, the heirs get lifetime, the debtor may set forth by answer the claims he has against
nothing. the decedent, instead of presenting them independently to the court as
herein provided, and mutual claims may be set off against each other in
Ex. You are a child of the seller, seller died, buyer now said if you can deliver such action; and if final judgment is rendered in favor of the defendant,
the property since your father already died. You can refuse not to deliver the the amount so determined shall be considered the true balance against
property because obligations are transmissible. the estate, as though the claim had been presented directly before the
court in the administration proceedings. Claims not yet due, or
MONETARY OBLIGATION contingent, may be approved at their present value.

Scenario: your parents obtained a loan from the bank, they died without
fully paying the amortization. This legal officer of the bank is now sending PRINCIPLES UNDERLYING SUCCESSION
demand letters to the children. The bank demands that each child pay
250,000 each to the bank. Did the legal counsel of the bank act correctly?
No, the net estate of the decedent must be partitioned first and what is left A.​ Mortis Causa.--Succession can not take place while the
will be distributed to the heirs. owner is alive. The heir/ successor has a mere expectancy
right to the prop. of the decedent, during the lifetime of the
But is that not a violation of the law that obligations are transmissible? latter.
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
B.​ Underlying principle/rule in Testate Succession CIVIL LAW; WILLS AND SUCCESSION; HEREDITARY SHARE IN ESTATE VESTS
FROM THE MOMENT OF DEATH OF DECEDENT; SHARE IMMEDIATELY
Interest of the family may override the will of the decedent because of DISPOSABLE. — The hereditary share in a decedent's estate is
compulsory heirs (Testate Succession) transmitted or vested immediately from the moment of the death of the
causante or predecessor in interest (Civil Code of the Philippines, Art. 777,
[3], and there is no legal bar to a successor (with requisite contracting
There is a legitime reserved for the family. A will cannot impair the legitime. capacity) disposing of her or his hereditary share immediately after such
death, even if the actual extent of such share is not determined until the
●​ Testate -distribution of properties are validly made and subsequent liquidation of the estate.
subsequently probated
●​ Intestate - governed by the provisions of the law governing The effect of such alienation is to be deemed limited to what is ultimately
intestate succession adjudicated to the vendor heir, but the aleatory character of the contract
●​ Legitimes - part of the estate reserved for compulsory heirs does not affect the validity of the transaction.
○​ TN: You cannot touch the properties allotted for the
legitimes.
Before the death of the decedent, the heir only has mere expectancy/
TN: Testacy is preferred over intestacy. inchoate right.

Ex. There’s a will and testament, the heirs cannot say that they will not abide Partition inter vivos - exception to the general rule that future inheritance
by the stipulations placed in the last will. Because if one of the heirs is valid in binding. Such signing of the document can still be reversed, do
changes his/her mind, the other heirs can give way for the will to be not depend if your parents left a partition inter vivos. Though you cannot
probated, that is not allowed. depend on this, such a document is still valid even if it was made at the
time the father was still alive.

C.​ Principle underlying Intestate Succession But if what was involved was a sale of future inheritance, that is not allowed.

The estate passes or devolves to the family unless the decedent If the decedent left a testate, what should be filed is probate of a will. Once
expressly orders otherwise in a will. Family covers spouse, ascendants, a will is probated, there will be a settlement of the estate.
descendants, and collateral relatives.
If there’s no will and testament but there is an existing debt, 2 scenarios
Unless there is a valid ground to disinherit. may follow:

Case: Cayetano v. Leonidas ●​ Pay the debt, no need to go to court

●​ Petition for Settlement of the Estate under Rule 86
Daughter in the US made a will and left nothing to his father. The father
made a complaint saying that he is a compulsory heir and asked for the If no debt, extrajudicial settlement and partition - where the parties agree
annulment of the will. [also known as preteritit]
The Transmission of the Rights of Heirs at the Precise Moment of Death
SC: Father has no ground because the daughter is a US citizen, the of the Decedent under the Civil Code
Philippines has no jurisdiction over the case.

D.​ Principle of Equality (as a general rule) Article 533. The possession of hereditary property is deemed transmitted
​ to the heir without interruption and from the moment of the death of
Within the family, heirs of equal degree proximity inherit in equal shares. the decedent, in case the inheritance is accepted.

Ex. All children are equal, usually applied in intestate succession. In testate One who validly renounces an inheritance is deemed never to have
succession, equality is also observed with regard to the legitime. possessed the same. (440)

The disposable free portion of the estate can be given to other children.
When you sell your hereditary rights as an heir, you do not need to seek the
This is not strictly applied. But the legitime should be equal.
consent of your co-heirs. Except for legal redemption.

E.​ State’s Participation in Succession Ex. My sibling sold the property to another person - valid. But G also has the
right to buy back the property - legal redemption.
The State has a share in the inheritance through taxes.

DR. NIXON L. TREYES, petitioner, vs. ANTONIO L. LARLAR, REV. FR. EMILIO L.
TN: State is also a legal/intestate heir. Legal heirs are those relatives up to LARLAR, HEDDY L. LARLAR, ET AL., respondents.
the 5th degree [child of your first cousin] G.R. No. 232579. September 8, 2020.
[discussed]
Escheat Proceeding - if there are no legal heirs left, the state will be
considered as the heir.
FACTS:

“THE NEARER EXCLUDES THE FARTHER” - ex. The presence of the 3rd degree
excludes the 4th and 5th. ●​ On May 1, 2008, Rosie Larlar Treyes (Rosie), the wife of
petitioner Dr. Nixon L. Treyes, passed away without leaving a
will and without children. At the time of her death, Rosie had
NATURE OF HEREDITARY RIGHT
seven siblings, who are the private respondents in this case.
Rosie and Dr. Treyes owned 14 real estate properties as
conjugal properties.
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
●​ Following her death, Dr. Treyes executed two Affidavits of the heir without interruption and from the moment of the death of the
Self-Adjudication, claiming to be the sole heir of Rosie and decedent, in case the inheritance is accepted.
transferring the estate to himself.
●​ The private respondents’ filed a complaint in the Regional Trial One who validly renounces an inheritance is deemed never to have
Court (RTC) for the annulment [characterized as an ordinary possessed the same.
civil action] of the Affidavits of Self-Adjudication,
cancellation of the new titles, reconveyance of ownership,
partition of the estate, and damages. SUBJECTS OF SUCCESSION
●​ Dr. Treyes filed motions to dismiss the complaint, arguing
lack of jurisdiction, improper venue, and prescription as well
as the absence of declaration from the part of the siblings. 1.​ DECEDENT

Art. 775. In this Title, "decedent" is the general term applied to the person
ISSUES: WON a prior determination of the status as a legal or
whose property is transmitted through succession, whether or not he left
compulsory heir in a separate special proceeding a prerequisite to an a will. If he left a will, he is also called the testator.
ordinary civil action for recovery of ownership and possession of
property 2.​ HEIR​

RULING: NO. The operation of Article 777 occurs at the very moment of Art. 782. An heir is a person called to the succession either by the
the decedent's death — the transmission by succession occurs at the provision of a will or by operation of law.
precise moment of death and, therefore, the heir is legally deemed to
Devisees and legatees are persons to whom gifts of real and personal
have acquired ownership of his/her share in the inheritance at that very
property are respectively given by virtue of a will. [ONLY APPLIES TO
moment, "and not at the time of declaration of heirs, or partition, or
TESTATE]
distribution."

That the private respondents do not really seek in their Complaint the HEIRS IN TESTATE
establishment of their rights as intestate heirs but, rather, the
enforcement of their rights already granted by law as intestate heirs 1.​ By operation of a law: COMPULSORY HEIRS - has right to the
finds basis in Article 777 of the Civil Code, which states that the rights of legitime (portion reserved by law)
succession are transmitted from the moment of the death of the a.​ Heirs - children in the absence of parents, then
decedent descendants (grandchildren)
b.​ TN: legitimate and adopted children are also
Hence, the Court has held that the "title or rights to a deceased person's compulsory heirs
property are immediately passed to his or her heirs upon death. The
HEIRS IN INTESTATE
heirs' rights become vested without need for them to be declared 'heirs.'"
1.​ By the provision of a will: VOLUNTARY HEIRS - has disposable
Here, subject to the required proof, without any need of prior judicial free portion, designated as heir in the will
determination, Larlar, et al., siblings of Rosie, by operation of law, are
entitled to one-half of the inheritance of the decedent. a.​ Heirs - relatives up to the 5th degree (child of your first
cousin) BUT not all who qualify as heirs will be
considered as voluntary heirs. Because in intestate
WG: Back then the context was: If you file an action to recover a property succession, the nearer relative excludes the farther.
that is inherited and you are suing in your capacity as an heir, it is also But before you apply this principle, relatives in the
needed that a special proceeding/ SCA be done for you to confirm your direct descending and ascending line are preferred
status as an heir. Without this, it will be dismissed. Such practice is not over collateral relatives.
anymore applicable now.
Can a child of the legislator be a compulsory heir and voluntary heir at the
One of the crucial issues was also because the siblings are not real party in same time? Yes. Compulsory with regard to legitime, voluntary with regard
interest because there was no declaration of heirship from them yet to disposable free portion.

TN: that you can still question the heirship of a relative in the same DEVISEE AND LEGATEE - must be an heir to a specific property, there must be
proceeding, no need for a special proceeding. a will, only applies to testate succession

TN: Remember this principle: ●​ Recipient of the personal property - legatee

●​ Recipient of the real property - devisee
EX. Somebody died and you inherited a parcel of land. At the moment of ●​ Devisee or legatee may be the caregiver,
death, you and your siblings have a corresponding right because you
become co-owners. What right do you have as a co-owner? Can you sell -​ Bad thing: inheritance is limited
your interest? Yes. For example, you can sell your [pro-indiviso - still -​ Good thing: if naay sipyat sa formal, ma invalid ang will, if invalid
abstract, you can also use that as a mortgage] ⅕ share, but to where - it becomes intestate, but if naay devisee or legatee, it must be
particularly, that you cannot claim. respected

WHEN SUCCESSION OPENS? JURIDICAL ENTITIES AS HEIRS

Art. 777. The rights to the succession are transmitted from the moment Art. 1026. A testamentary disposition may be made to the State,
of the death of the decedent. provinces, municipal corporations, private corporations,
organizations, or associations for religious, scientific, cultural,
Art. 533. The possession of hereditary property is deemed transmitted to
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
educational, or charitable purposes. the paid claim in fact diminishes or reduces the shares that the heirs
would have been entitled to receive.
All other corporations or entities may succeed under a will, unless there is
a provision to the contrary in their charter or the laws of their creation,
and always subject to the same. (746a) INHERITANCE INCLUDES ALL PROPERTY, RIGHTS AND OBLIGATIONS NOT
EXTINGUISHED BY DEATH.

OBJECT OF SUCCESSION (Rabadilla v. Court of Appeals, G.R. No. 113725, [June 29, 2000], 390 PHIL
11-36)

TRANSMISSIBLE RIGHTS AND OBLIGATIONS

RIGHTS AND OBLIGATIONS EXTINGUISHED BY DEATH
Art. 776. The inheritance includes all the property, rights and obligations
of a person which are not extinguished by his death. (659) National Housing Authority v. Almeida
G.R. No. 162784, [June 22, 2007], 552 PHIL 453-469
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, FACTS: The case involves a land dispute over portions of the Tunasan
but also those which have accrued thereto since the opening of the
Estate in San Pedro, Laguna, originally awarded to Margarita Herrera by
succession.
the Land Tenure Administration (LTA) in 1959. After Margarita's death in
1971, her daughter, Francisca Herrera, executed a Deed of
Remember Rule 86: Money Claims Self-Adjudication in 1974, claiming sole heirship based on a 1960
"Sinumpaang Salaysay." The heirs of Beatriz Herrera-Mercado,
TRANSMISSIBLE OBLIGATIONS​ Margarita's other daughter, challenged this deed, leading to its
annulment by the Regional Trial Court in 1980. Despite this, Francisca
Alvarez v. Intermediate Appellate Court successfully applied to purchase the lots from the National Housing
G.R. No. 68053, [May 7, 1990], 263 PHIL 704-718) Authority (NHA), a decision later affirmed by the Office of the President.
[discussed]
Following Francisca’s death in 1987, her heirs obtained property titles,
FACTS:
prompting Segunda Almeida, Beatriz’s heir, to file a complaint for
nullification. The trial court ruled in her favor, declaring the "Sinumpaang
The case involves a dispute over Lots 773-A and 773-B in Murcia, Negros
Salaysay" a testamentary disposition requiring probate. The Court of
Occidental, originally registered under the heirs of Aniceto Yanes. His
children—Rufino, Felipe, and Teodora—became the rightful heirs, with Appeals upheld this decision, leading to the NHA’s petition to the
descendants of Rufino and Felipe later contesting ownership. Supreme Court.

During World War II, most heirs left the province, only to return and find RULING:
Fortunato Santiago in possession of Lot 773. Santiago obtained titles for
the lots in 1938 and later sold them to Monico B. Fuentebella, Jr. in 1955, The Supreme Court affirmed the decision of the Court of Appeals, finding
who then sold them to Rosendo Alvarez in 1958. In 1960, Teodora and
that the NHA did not have the authority to approve the transfer of the
Rufino’s children sued for ownership and possession, but while the case
land to the heirs of Francisca Herrera without considering the rights of
was pending, Alvarez sold the lots to Dr. Rodolfo Siason in 1961. The lower
the other heirs. The Court also ruled that the Sinumpaang Salaysay was
court ruled in favor of the Yanes family in Civil Case No. 5022, ordering
reconveyance, but enforcement failed due to Siason’s purchase. The not a valid deed of assignment.
Yanes family then filed Civil Case No. 8474, seeking the cancellation of
Siason's titles and damages. The death of Margarita Herrera does not extinguish her interest over
the property. Margarita Herrera had an existing Contract to Sell with
ISSUES: NHA as the seller.

WON the liability of Rosendo Alvarez arising from the sale of Lots Nos.
773-A and 773-B could be legally passed or transmitted by operation of
EXAMPLE OF OBLIGATIONS [TRANSMISSIBLE UPON DEATH]
law to the petitioners without violation of law and due process.

RULING: Rabadilla v. Court of Appeals

G.R. No. 113725, [June 29, 2000], 390 PHIL 11-36
The Supreme Court affirmed the decision of the Court of Appeals, which [discussed]
upheld the lower court's ruling that the petitioners were liable to pay the
Yanes family the actual value of the lots. The Court ruled that the Yanes Facts:
family had been illegally deprived of ownership and possession of the
lots, and that Siason was a purchaser in good faith.
Dr. Jorge Rabadilla was instituted as devisee of a 511,855 sqm property
through a codicil of Aleja Belleza. The inheritance was burdened with an
The doctrine obtaining in this jurisdiction is on the general
transmissibility of the rights and obligations of the deceased to his annual obligation to deliver 100 piculs of sugar to Marlena Belleza
legitimate children and heirs. The binding effect of contracts upon the Coscuella during her lifetime. The obligation extended to Dr. Rabadilla's
heirs of the deceased party is not altered by the provision of our Rules of heirs, successors-in-interest, and potential future buyers, lessees, or
Court that money debts of a deceased must be liquidated and paid mortgagees of the property. Dr. Rabadilla died, leaving his wife and
from his estate before the residue is distributed among said heirs (Rule children as successors, including petitioner Johnny Rabadilla.
89). The reason is that whatever payment is thus made from the estate
is ultimately a payment by the heirs or distributees, since the amount of Marlena Belleza claimed non-compliance with the sugar delivery
obligation and filed a complaint for reconveyance of the property to the
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
testatrix's heirs.

Issue: C.​ MIXED SUCCESSION

Whether the non-compliance with the sugar delivery obligation justifies
Art. 780. Mixed succession is that effected partly by will and partly by
reversion of the property.
operation of law. (n)

Ruling: Ex. When the testator fails to dispose of all his property in his will; over
that portion undistributed by will, legal or intestate succession shall
Under Article 776 of the New Civil Code, inheritance includes all the operation.
property, rights and obligations of a person, not extinguished by his
death. Conformably, whatever rights Dr. Jorge Rabadilla had by virtue of
subject Codicil were transmitted to his forced heirs, at the time of his
D.​ CONTRACTUAL SUCCESSION
death.
ARTICLE 84. If the future spouses agree upon a regime other than the
SC affirmed the CA decision. The codicil created a modal institution, absolute community of property, they cannot donate to each other in
where inheritance is conditional upon fulfilling the obligation. Failure their marriage settlements more than one-fifth of their present property.
to comply constituted a breach of condition, triggering the reversion Any excess shall be considered void.
clause. The obligation bound not only Dr. Rabadilla but also his
successors, including the petitioner. While recognizing the hardship of Donations of future property shall be governed by the provisions on
testamentary succession and the formalities of wills. (130a)
forfeiture, the court emphasized the sanctity of contracts and the need
to respect testamentary dispositions.

MODULE 1 CASE LIST

KINDS OF SUCCESSION

Belinda Tañedo v. Court of Appeals, Sps. Ricardo and Teresita

G.R. No. 104482, January 22, 1996
A.​ TESTAMENTARY SUCCESSION

FACTS: On October 20, 1962, Lazaro Taredo executed a notarized deed of

Art. 779. Testamentary succession is that which results from the
absolute sale on October 20, 1962, in favor of his eldest brother, Ricardo
designation of an heir, made in a will executed in the form prescribed by
Taredo, and Ricardo's wife, Teresita Barera. The sale involved "one
law. (n)
hectare of whatever share I shall have over Lot No. 191," which was
Lazaro's "future inheritance" from his parents. The consideration was
This is different from contracts. Contracts are obligatory in whatever form. P1,500.00.

2 types of will: Upon the death of his father Matias, Lazaro executed an "Affidavit of
Conformity" dated February 28, 1980 to "re-affirm, respect.
1.​ Holographic - entirely written in the handwriting of the testator acknowledge and validate the sale I made in 1962." On January 13, 1981,
2.​ Notarial - with a participation of 3 witnesses Lazaro executed another notarized deed of sale in favor of private
respondents covering his "undivided ONE TWELVE (1/12) of a parcel of
Non compliance - invalid will, so it will be a case of intestate succession. land known as Lot 191

Ricardo learned that Lazaro sold the same property to his children,
B.​ INTESTATE SUCCESSION petitioners herein. On June 7, 1982, private respondents recorded the
Deed of Sale (Exh. 4) in their favor in the Registry of Deeds.
Art. 960. Legal or intestate succession takes place:
ISSUES:
If a person dies without a will, or with a void will, or one which has
subsequently lost its validity; 1.​ WON the sale of future inheritance is vali

(2) When the will does not institute an heir to, or dispose of all the RULING:
property belonging to the testator. In such case, legal succession shall
take place only with respect to the property of which the testator has not NO. Pursuant to Art. 1347 of the CC, “No contract may be entered into
disposed; upon a future inheritance except in cases expressly authorized by
law.” The said contract made in 1962 is not valid and cannot be the
(3) If the suspensive condition attached to the institution of heir does not source of any right nor the creator of any obligation between the parties.
happen or is not fulfilled, or if the heir dies before the testator, or Hence, the "affidavit of conformity" dated February 28, 1980, insofar as it
repudiates the inheritance, there being no substitution, and no right of sought to validate or ratify the 1962 sale, is also useless and, in the words
accretion takes place; of the respondent Court, "suffers from the same infirmity." Even private
respondents in their memorandum concede this.
NOTES: Accretion is the process by which an unallocated portion of an
inheritance is transferred to co-heirs or co-legatees. It applies when:

Ferrer v. Spouses Diaz

●​ A co-heir or co-legatee predeceases the testator.
G.R. No. 165300, April 23, 2010
●​ A co-heir or co-legatee is incapacitated or renounces their
[discussed]
share.
●​ No substitute or alternative heir or legatee is named in the will.
FACTS: Reina Comandante [respondent], daughter of Spouses Alfredo
and Imelda Diaz, obtained a loan of ₱1,118,228.00 from Atty. Pedro
(4) When the heir instituted is incapable of succeeding, except in cases
Ferrer. The loan was secured by a second real estate mortgage over a
provided in this Code. (912a)
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
property registered under her parents’ names. To facilitate the daughter, Nora B. Calalang-Parulan, from his second marriage with
transaction, Comandante used a SPA allegedly issued by her parents, Elvira Calalang.
authorizing her to mortgage the property.
The trial court ruled in favor of the respondents, declaring that the
Additionally, Comandante executed a "Waiver of Hereditary Rights and
property belonged to the first conjugal partnership and ordering its
Interests Over a Real Property" in favor of Ferrer for a portion of the same
property, which was still undivided and part of her parents’ inheritance. partition. On appeal, the Court of Appeals modified the ruling, holding
that the property was exclusively owned by Pedro but recognizing the
The loan remained unpaid, prompting Ferrer to annotate an adverse respondents' shares in Pedro's estate.
claim on the title of the property. Subsequently, the Diazes sold the
property to the Spouses Bienvenido and Elizabeth Pangan for ISSUES: WON Pedro Calalang deprived his heirs of their respective shares
₱3,000,000.00. The Pangans claimed to be good-faith purchasers for over the disputed property when he alienated the same.
value, unaware of the mortgage or adverse claim. Upon learning of
Ferrer’s claim, the Pangans inquired with Comandante, who admitted
RULING: NO. As the sole and exclusive owner, Pedro Calalang had the
that her parents did not authorize the mortgage and that Ferrer had
right to convey his property in favor of Nora B. Calalang-Parulan by
prepared all the documents, including the SPA.
executing a Deed of Sale on February 17, 1984.
Ferrer filed a case against Comandante, the Diazes, and the Pangans for
collection of the loan or foreclosure of the mortgage. It is a hornbook doctrine that successional rights are vested only at the
time of death. Article 777 of the New Civil Code provides that "[t]he rights
The trial court issued a summary judgment, holding all respondents to the succession are transmitted from the moment of the death of the
solidarily liable for the loan. The Court of Appeals modified the decision, decedent." Thus, it is only upon the death of Pedro Calalang on
excluding the Pangans from liability and invalidating the waiver of December 27, 1989 that his heirs acquired their respective inheritances,
hereditary rights.
entitling them to their pro indiviso shares to his whole estate.

ISSUES:
At the time of the sale of the disputed property, the rights to the
1.​ WON a waiver of hereditary rights in favor of another executed succession were not yet bestowed upon the heirs of Pedro Calalang. And
by a future heir while the parents are still living valid absent clear and convincing evidence that the sale was fraudulent or
not duly supported by valuable consideration (in effect an inofficious
2.​ WON an adverse claim annotated on the title of a property donation inter vivos), the respondents have no right to question the sale
based on such a waiver valid and effective to bind subsequent of the disputed property on the ground that their father deprived them of
owners their respective shares.

RULING:

1.​ The SC ruled that the waiver of hereditary rights executed by DOLORES L. HACBANG and BERNARDO J. HACBANG , petitioners, vs.
Comandante was null and void under Article 1347 of the Civil ATTY. BASILIO H. ALO, respondent.
Code. Contracts involving future inheritance are prohibited G.R. No. 191031. October 5, 2015.
unless expressly authorized by law. For the inheritance to be
considered ”future”, the succession must not have been FACTS: On 3 April 1937, Bishop Sofronio Hacbang (Bishop Sofronio) died
opened at the time of the contract. Since the succession of leaving several properties behind. Among these was a Lot located at
the Diaz parents had not yet opened at the time of the España Street, San Juan, Rizal. He was survived by his parents, Basilio
waiver, the waiver violated the law.
and Maria Hacbang, and his siblings: Perfecto, Joaquin, Lucia Teresita,
and Dolores Hacbang Alo. Bishop Sofronio left a will, devising one-half of
2.​ No. Since no right or interest on the subject property flows from
Comandante's invalid waiver of hereditary rights upon his estate to his parents and the other half, including the subject lot, to
petitioner, the latter is thus not entitled to the registration of his his sister Dolores Hacbang Alo.
adverse claim. Therefore, petitioner's adverse claim is without
any basis and must consequently be adjudged invalid and On September 24, 1971, the Register of Deeds of Quezon City issued TCT
ineffective and perforce be cancelled. No. 169342 in the name of Basilio H. Alo, the respondent, who is the son of
Dolores Hacbang Alo. The petitioners, Dolores L. Hacbang and Bernardo J.
Hacbang, filed a petition to cancel TCT No. 169342 on February 1, 1999,
alleging it was fraudulently secured.

NORA B. CALALANG-PARULAN and ELVIRA B. CALALANG , petitioners, vs. Basilio denied all allegations of irregularity and wrongdoing. He also
ROSARIO CALALANG-GARCIA, LEONORA CALALANGSABILE, and CARLITO moved to dismiss the petition because the petitioners were neither heirs
S. CALALANG, respondents nor devisees of Bishop Sofronio and had no legal interest in the subject
G.R. No. 184148. June 9, 2014. lot.

FACTS: The respondents, Rosario Calalang-Garcia, Leonora Though the settlement proceedings were archived, Bishop Sofronio
Calalang-Sabile, and Carlito Calalang, claimed ownership over a parcel already designated his heirs: Bishop Sofronio’s parents were compulsory
of land identified as Lot 1132, Cad. 333, located in Bulacan. as heirs of their heirs entitled to half of his estate while the respondent’s mother, Dolores
mother, Encarnacion Silverio, who was married to Pedro Calalang. They Hacbang Alo, was devised the remaining half (the free portion). Thus, the
alleged that the property was part of the conjugal partnership of Pedro petitioners, who are neither compulsory nor testamentary heirs, are not
and Encarnacion and passed to them upon Encarnacion’s death in 1942. real parties-in-interest.

However, Pedro later secured a free patent for the property in 1974, ISSUES: WON Bishop Sofronio died intestate.
declaring himself its sole owner. In 1984, Pedro sold the property to his
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
a.​ TN: you must have the will probated, there will be
RULING: No. Undoubtedly, Bishop Sofronio did not die intestate. He left a sanctions if the Court discovers that it the will has not
will that was probated in 1937. He left half of his properties to his parents been probated
and the remaining half to his sister Dolores Hacbang Alo. The admission 2.​ Settlement
of his will to probate is conclusive with respect to its due execution and
extrinsic validity.
WILL MUST BE A FREE AND VOLUNTARY ACT

Under both the Spanish Civil Code and the Philippine Civil Code,
Art. 839. The will shall be disallowed in any of the following cases:
successional rights are transmitted at the moment of the decedent's
[GROUNDS TO OPPOSE THE APPLICATION FOR PROBATE]
death. Bishop Sofronio's will was validly probated, and the properties
were disposed of according to his wishes. The petitioners, as collateral
(1)​ If the formalities required by law have not been complied with;
relatives, cannot claim a right of inheritance by representation
(2)​ If the testator was insane, or otherwise mentally incapable of
because Bishop Sofronio's parents, as compulsory heirs, were the only
making a will, at the time of its execution;
ones entitled to succeed.
(3)​ If it was executed through force or under duress, or the
influence of fear, or threats;
This provision states that a person without compulsory heirs may
(4)​ If it was procured by undue and improper pressure and
dispose of his estate, either in part or in its entirety, in favor of anyone
influence, on the part of the beneficiary or of some other
capacitated to succeed him; if the testator has compulsory heirs, he can
person;
dispose of his property provided he does not impair their legitimes. This
(5)​ If the signature of the testator was procured by fraud;
provision was later translated and adopted as Article 842 of our Civil
(6)​ If the testator acted by mistake or did not intend that the
Code.
instrument he signed should be his will at the time of affixing
his signature thereto.
MODULE 2
TESTAMENTARY SUCCESSION Commonalities: all grounds involve vices of consent

CHARACTERISTICS:
WILLS, ITS CHARACTERISTICS
1.​ The will must be a free and voluntary act
2.​ The will is a solemn and formal act
SUBSECTION 1.
WILLS IN GENERAL TN: Anybody who has an interest with the probate can file a petition, even
the creditor
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 There must be an official publication of general circulation so that the
potential oppositors will have the chance to oppose.
disposition of this estate, to take effect after his death.

SOLEMN AND FORMAL CHARACTERISTIC

2 TYPES OF WILL IN TESTATE SUCCESSION

1.​ Ordinary (Notarial) will - an ordinary will acknowledged before a STRICT REQUIREMENTS IN THE EXECUTION OF A NOTARIAL WILL
notary public by the testator and the instrumental witnesses
Art. 805. Every will, other than a holographic will, must be subscribed at
2.​ Holographic will - a will totally handwritten, dated, and signed by the end thereof by the testator himself or by the testator's name written
the testator alone by some other person in his presence, and by his express direction, and
attested and subscribed by 3 or more credible witnesses in the presence
If a will is non-compliant - it is an invalid will.
of the testator and of one another.

PRINCIPLES RE: TESTATE SUCCESSION

The witness may separately execute the attestation clause.

●​ Consistent with principle of respecting “right to property” of

decedent SIGNING ON THE LEFT MARGIN PAGING CORRELATIVELY IN LETTERS
●​ Testacy is preferred over intestacy
○​ Before you apply this principle, the will must be The testator or the person requested by him to write his name and the
probated first. (You submit to the Court through a instrumental witnesses of the will, shall also sign, as aforesaid, each and
petition and the Court will determine 2 major issues: every page thereof, except the last, on the left margin, and all the pages
■​ Is the will valid/compliant with the reqs shall be numbered correlatively in letters placed on the upper part of
■​ Was the decedent at the time of making each page.
the will was in his sound mind
●​ Execution must strictly conform and comply with law
●​ Disposition of estate Art. 805. ATTESTATION CLAUSE
○​ Thus, a will which does not dispose of an estate but [Exam]
acknowledges legitimacy need not be probated.
The attestation shall:
STAGES:

(1)​ state the number of pages used upon which the will is written,
1.​ Application for probate
and
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
(2)​ [A statement] the fact that the testator signed the will and
every page thereof, or caused Art. 812. In holographic wills, the dispositions of the testator written below
(3)​ some other person to write his name, under his express his signature must be dated and signed by him in order to make them
direction, in the presence of the instrumental witnesses, and valid as testamentary dispositions.
that
(4)​ The latter witnessed and signed the will and all the pages
thereof in the presence of the testator and of one another. WILL IS ESSENTIALLY REVOCABLE
(5)​ If the attestation clause is in a language not known to the SUBSECTION 6.
witnesses, it shall be interpreted to them.
Revocation of Wills and Testamentary Dispositions

This is a requirement for a notarial will. The one who will sign this document
are the witnesses. The attestation clause is a portion of the will that only Art. 828. A will may be revoked by the testator at any time before his
witnesses are required to sign. Non-compliance as to how the attestation death. Any waiver or restriction of this right is void.
clause was made, application for probation will be invalid. Even the words
must be complete.
Normally, a petition for probate will be filed when the decedent testator is
no longer around. Can you do probate during your lifetime? YES. That is
It is not sufficient to say that the “testator signed the will.” It must be stated
actually more desirable.
that the testator “signed the will in the presence of the witnesses”.

So, gipa probate. Then the Court issued that the will is admitted to probate.
Absence of one will make it defective.
TN that even if there is a court order that he can probate, he can no longer
revoke it under this law.
Scenario: They must be in one room. Where naa ang testator and witnesses.

Remember, there is a document in law and the rules that govern it are the
Case: One witness was outside of the room, the testators and witnesses
same rules with last will-that is the document for donation inter vivos.
signed the will. So, the will was questioned because it was not properly
executed, evidence was also established na naay ni block sa iya view. SC
said that it was an invalid execution of the will.
REQUISITES FOR TESTAMENTARY CAPACITY

REQUIREMENTS IN THE EXECUTION OF HOLOGRAPHIC WILL 1.​ At least 18 years of age; and

2.​ Of sound mind

Art. 810. A person may execute a holographic will which must be entirely
written, dated, and signed by the hand of the testator himself. It is
Note: It is not necessary that the testator be in full possession of all his
subject to no other form, and may be made in or out of the Philippines, reasoning faculties, or that his mind be wholly unbroken, unimpaired, or
and need not be witnessed. 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:
-​ It must be in the handwriting of the testator.
a.​ nature of the estate to be disposed of;
Ex. G made and signed a holographic will and forgot to put the date. So, iya
b.​ proper objects of his bounty; and
gisugo na iwrite ang date. That’s an invalid HW.

c.​ character of the testamentary act.

REQUIREMENT OF NOTARIZATION
Persons expressly prohibited by law to make a will?
Art. 806. Every will must be acknowledged before a notary public by the
1.​ Persons of either sex under 18 years of age (Art. 797)
testator and the witnesses. The notary public shall not be required to
retain a copy of the will, or file another with the Office of the Clerk of
2.​ Persons who are not of sound mind (Art. 798)
Court.

TESTATOR HAS TESTAMENTARY CAPACITY

REQUIREMENTS WHEN TESTATOR IS DEAF/ DEAF MUTE SUBSECTION 2

Art. 807. If the testator be deaf, or a deaf-mute, he must personally read Testamentary Capacity and Intent
the will, if able to do so; otherwise, he shall designate two persons to read
it and communicate to him, in some practicable manner, the contents Art. 796. All persons who are not expressly prohibited by law may make a
thereof. will.
Art. 797. Persons of either sex under eighteen years of age cannot make
a will.
REQUIREMENTS WHEN TESTATOR IS BLIND
TN: Even those who have civil interdiction can make a will.
Art. 808. If the testator is blind, the will shall be read to him twice; once, by
one of the subscribing witnesses, and again, by the notary public before
REQUIREMENT ON HAVING A SOUND MIND
whom the will is acknowledged.

Art. 798. In order to make a will it is essential that the testator be of sound
mind at the time of its execution.
RULE ON DISPOSITIONS BELOW SIGNATURE
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
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 MODULE 3 SOLEMNITIES IN THE EXECUTION OF THE WILL
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 OBJECTIVE OF THE SOLEMNITY REQUIREMENT
to know the nature of the estate to be disposed of, the proper objects of
his bounty, and the character of the testamentary act. The object of the solemnities surrounding the execution of wills is to close
the door against bad faith and fraud, TO avoid substitution of wills and
testaments and to guarantee their truth and authenticity. Therefore,
As long as, the following are present, the testator is considered to have
the laws on this subject should be interpreted in such a way as to attain
sound mind:
these primordial ends.
1.​ Nature of the things to be disposed of - he specifies the
properties
WG: Would this objective be inconsistent with the principle that testacy is
2.​ Proper objects of his bounty - he knows to whom he will give the
preferred over intestacy?
property
3.​ Character of the testamentary act - he knows that he’s making a
A: No, because they complement each other. We have to be very sure that a
gratuitous decision
will that is executed is really that of the testator.

STRICTLY A PERSONAL ACT

RULES ON NOTARIAL WILL
Art. 784. The making of a will is a strictly personal act; it cannot be left in
whole or in part of the discretion of a third person, or accomplished
through the instrumentality of an agent or attorney. (670a) REQUIREMENTS IN THE EXECUTION OF A NOTARIAL WILL

Art. 785. The duration or efficacy of the designation of heirs, devisees or SUBSECTION 3. Forms of Wills
legatees, or the determination of the portions which they are to take,
when referred to by name, cannot be left to the discretion of a third Art. 804 Every will must be in writing and executed in a language or
person. dialect known to the testator.

TN: A wife may make her own will without the consent of the husband - but
this should only involve properties within the absolute community property NOTARIAL WILL REQUIREMENTS [in the presence of a notarial public]
(ACP).
Art. 805. Every will, other than a holographic will, must be subscribed at
JOINT WILL IS PROHIBITED the end thereof by the testator himself or by the testator's name written
by some other person in his presence, and by his express direction, and
Art. 818. Two or more persons cannot make a will jointly, or in the same attested and subscribed by 3 or more credible witnesses in the presence
instrument, either for their reciprocal benefit or for the benefit of a third of the testator and of one another.
person. (669)
These are indispensable requirements.
Art. 819. Wills, prohibited by the preceding article, executed by Filipinos in
a foreign country shall not be valid in the Philippines, even though “by the testator's name written by some other person in his presence”
authorized by the laws of the country where they may have been
executed. (733a) Ex. It’s G’s will and he asked Atty. Galeon to write his name. It should be
written: “By Renato Galeon under the express will of Atty. Gravador:

Here, lex loci celebrationis is not applied.

MARGINAL SIGNING AND PAGING
What if ganahan jud ang couple na joint jud sla, they execute it outside and
they probate it here. That is not allowed. The testator or the person requested by him to write his name and the
instrumental witnesses of the will, shall also sign, as aforesaid, each and
every page thereof, except the last, on the left margin, and all the pages
MORTIS CAUSA DISPOSITION
shall be numbered correlatively in letters placed on the upper part of
each page.
Art. 777. The rights to the succession are transmitted from the moment
of the death of the decedent.
Should be signed except for the last page.
●​ UPON DEATH OF TESTATOR, WILL BECOME IMMUTABLE (meaning:
unchanging) Signatures of the witnesses must be done on the left margin on all pages.
Absence of which, will make it invalid.
●​ MOMENT OF DEATH IS DETERMINING POINT WHEN HEIRS ACQUIRE
A DEFINITE RIGHT
●​ THEY ALREADY HAVE A RIGHT EVEN BEFORE JUDICIAL WILLS; ATTESTATION. — In a will consisting of two sheets the first of which
DECLARATION contains all the testamentary dispositions and is signed at the bottom
by the testator and three witnesses and the second contains only the
attestation clause and is signed also at the bottom by the three
It is not required that the probate be terminated before you can sell your
properties. Because succession arises at the moment of death. witnesses, it is not necessary that both sheets be further signed on their
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
margins by the testator and the witnesses, or be paged. Held, that the signature was valid. (Gala v. Gonzales, G.R. No. 30289,
[March 26, 1929], 53 PHIL 104-110)

GR: there must be a strict compliance with the requirements, or else the
probate will be denied.
RULINGS ON CROSS AS SIGNATURE
XPN: substantial compliance with the requirements
The placing of a cross, by a testatrix, opposite her name attached to an
1.​ Every will must be in writing. instrument purporting to be her last will and testament is a sufficient
2.​ Every will must be executed in a language or dialect known to the compliance with the requirements of section 618 of the Code of Civil
testator.
Procedure as to the form and manner in which such instruments should
be signed.(Leano v. Leaño, G.R. No. 9150, [March 31, 1915], 30 PHIL 612-613)
Holographic doesn’t need to be witnessed or a notarial public.

EXAM:. “Please help me draft, I don’t know how to word it.” So iya gi copy -
still a valid will since it is handwritten. CROSS WAS NOT HELD AS SUFFICIENT SIGNATURE

If the testator has no hands, pwede ra nya ipa write. No need for the WILLS; ATTESTATION CLAUSE; SIGNING BY ANOTHER OF TESTATOR'S NAME
signature of the one writing. If isign “for and behalf of Renato” - that is an AT LATTER'S DIRECTION. — When the testator expressly caused another
invalid will. Pwede, “Renato Galeon, by Gravador”. But Gravador is not to sign the former's name, this fact must be recited in the attestation
required to sign the will. He may write “upon the express direction of Renato
clause. Otherwise, the will is fatally defective.
Galeon” and must be stated in the attestation clause. It must state that the
“the testator cannot write”. It’s like writing the minutes of the meeting.
SIGNATURE OF TESTATOR; CROSS. — Where the cross appearing on a will
Whatever took place in the signing of the will, everything must be stated in is not the usual signature of the testator or even one of the ways by
the attestation clause. which he signed his name, that cross cannot be considered a valid
signature. (In re: Mercado v. Lacuesta, G.R. No. L-4067, [November 29,
Ex. Na video, but wala na state sa attestation clause, is that still valid? No. 1951], 90 PHIL 489-491)
Follow Civil Code. “It’s only the statements in the attestation clause that will
provide a textual proof of the happenings during the signing of the will,”

SIGNING BY THE TESTATOR IN THE PRESENCE OF WITNESSES

Ex. What if one of the witnesses was sleeping during the signing? That is still
allowed. It is enough that you would choose to witness it, as long as he can
see it without obstruction. WILLS; SIGNATURE IN PRESENCE OF WITNESSES. — It is an essential requisite
in the due execution of a will that the testator sign it in the presence of
What if nag watch through a camera or video call - not signing in the the three attesting witnesses.
presence. He must be physically present.
While the first part of section 618 of the Code of Civil Procedure does not
expressly require that the testator sign the will in the presence of the
TESTATOR'S SIGNATURE. — The testator's signature is not necessary in
three attesting witnesses, the second part thereof does require that fact
the attestation clause because this, as its name implies, appertains only
to appear in the attestation clause, and such signing is an essential
to the witnesses and not to the testator.
requisite to the due execution of the will. (Cartagena v. Lijauco, G.R. No.
9677, [December 15, 1914], 28 PHIL 638-640)

DIALECT IN WHICH WRITTEN; PRESUMPTION. — The circumstance

appearing in the will itself that same was executed in the city of Cebu
EXECUTION OF WILLS; POSITION OF TESTATOR AND WITNESS WHEN WILL IS
and in the dialect of this locality where the testatrix was a neighbor is
SUBSCRIBED
enough, in the absence of any proof to the contrary, to presume that she
knew this dialect in which her will is written. (In re: Abangan v. Abangan,
The position of testator and of the witnesses to a will, at the moment of
G.R. No. 13431, [November 12, 1919], 40 PHIL 476-480)
the subscription by each, must be such that they may see each other
sign if they choose to do so.

LANGUAGE REQUIREMENT WILLS — The decedent's alleged will, being

(Nera v. Rimando, G.R. No. L-5971, [February 27, 1911], 18 PHIL 450-453)
written in English, a language unknown to said decedent, cannot be
probated, because it is prohibited by the law, which clearly and positively
requires that the will be written in the language or dialect known by the
NOT A CASE OF SIGNING IN THE PRESENCE OF ONE ANOTHER ONE WITNESS
testator. (Acop v. Piraso, G.R. No. 28946, [January 16, 1929], 52 PHIL
IN OUTER ROOM WHEN WILL IS SIGNED. — If one subscribing witness to a
660-662)
will is shown to have been in an outer room at the time when the testator
and the other witnesses attach their signatures to the instrument in an
inner room, the will would be held invalid — the attaching of the said
REQUIREMENT OF SUBSCRIPTION WILLS; TESTATOR'S SIGNATURE;
signatures, under such circumstances, not being done "in the presence"
THUMB-MARKS. — In executing her last will and testament, the testatrix
of the witness in the outer room. (Nera v. Rimando, G.R. No. L-5971,
placed her thumb-mark between her given name and surname, written
[February 27, 1911], 18 PHIL 450-453)
by another person. It was not mentioned in the attestation clause that
the testatrix signed by thumb-mark, but the form of the signature was
sufficiently described and explained in the last clause of the body of the
WILLS; PRESENCE OF TESTATOR AND WITNESSES; VALIDITY. —
will.

The true test of presence of the testator and the witnesses in the
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
execution of a will is not whether they actually saw each other sign, but essential formalities required by law has been observed. (Vda. de
whether they might have seen each other sign, had they chosen to do Ramos, et al. vs. Court of Appeals, et. al., 81 SCRA 393 [1978]). It is made
so, considering their mental and physical condition and position with for the purpose of preserving in a permanent form a record of the facts
relation to each other at the moment of inscription of each signature. that attended the execution of a particular will, so that in case of failure
(Jaboneta v. Gustilo, G.R. No. 1641, [January 19, 1906], 5 PHIL 541-545] of the memory of the attesting witnesses, or other casualty, such facts
may still be proved (Leynez vs. Leynez, 68 Phil. 745 [1939]). (Caneda v.
Court of Appeals, G.R. No. 103554, [May 28, 1993])
WILLS; SIGNING BY THIRD PERSON AT TESTATOR'S REQUEST
ATTESTATION AND SUBSCRIPTION, DIFFERENTIATED.
With respect to the validity of a will, it is not important that the person
who writes the name of the testator should also sign his own; the It will be noted that Article 805 requires that the witnesses should both
important thing is that it should clearly appear that the name of the attest and subscribe to the will in the presence of the testator and of one
testator was signed at his express direction, in the presence of three another.
witnesses, and in the presence of the testator and of each other. (Barut v.
Cabacungan, G.R. No. 6285, [February 15, 1912], 21 PHIL 461-473) "Attestation" and "subscription" differ in meaning. Attestation is that act of
the senses, while subscription is the act of the hand. The former is
WILLS, AUTHENTICATION OF. — Where a will is not signed by the testator mental, the latter mechanical, and to attest a will is to know that it was
but by some other person in his presence and by his direction, such published as such, and to certify the facts required to constitute an
other person should affix the name of the testator thereto, and it is not actual and legal publication; but to subscribe a paper published as a will
sufficient that he sign his own name for and instead of the name of the is only to write on the same paper the names of the witnesses, for the
testator.(Ex Parte Santiago, G.R. No. 2002, [August 18, 1905], 4 PHIL sole purpose of identification (Hill vs. Davis, 167 P. 465, 466, 64 Okl. 253,
692-695) L.R.A. 1918 B 687).(Caneda v. Court of Appeals, G.R. No. 103554, [May 28,
1993])

WILLS; EXECUTION OF WILL; SUBSCRIBED AT THE END BY SOME PERSON

OTHER THAN THE TESTATOR, INSUFFICIENT COMPLIANCE WITH THE LAW. SUFFICIENCY OF ATTESTATION CLAUSE
—
A will whose attestation clause does not contain the number of pages on
A will subscribed at the end thereof by some person other than the which the will is written is fatally defective. A will whose attestation clause
testator in such manner that the signature of said person appears above is not signed by the instrumental witnesses is fatally defective.
the typewritten statement "Por la Testadora Anacleta Abellana . . .
Ciudad de Zamboanga," may not be admitted to probate for failure to And perhaps most importantly, a will which does not contain an
comply with the express requirement of the law that the testator must acknowledgment, but a mere jurat, is fatally defective. Any one of these
himself sign the will or that his name be affixed thereto by some other defects is sufficient to deny probate. A notarial will with all three defects
person in his presence and by his express direction. (Balonan v. Abellana, is just aching for judicial rejection. (Azuela v. Court of Appeals, G.R. No.
G.R. No. L-15153, [August 31, 1960], 109 PHIL 359-363) 122880, [April 12, 2006], 521 PHIL 263-285)

SIGNING ON THE LAST PAGE, BUT WHICH IS THE LAST PAGE? REQUIREMENT OF THREE WITNESSES

There is no doubt that the requirement under the Article 805 of the Civil A notarial will, as the contested will in this case, is required by law to be
Code, which calls for the signature of the testator and of the instrumental subscribed at the end thereof by the testator himself. In addition, it
witnesses on each and every page of the will on the left margin, except should be attested and subscribed by three or more credible witnesses
the last, was complied with. in the presence of the testator and of one another.

It should also be mentioned that the respondents take a skewed stance The will in question was attested by only two witnesses, Noynay and
in insisting that the testator Legaspi and the instrumental witnesses Grajo. On this circumstance alone, the will must be considered void. This
should have signed on the last page of the subject will. When Article 805 is in consonance with the rule that acts executed against the provisions
of the Civil Code requires the testator to subscribe at the end of the will, it of mandatory or prohibitory laws shall be void, except when the law itself
necessarily refers to the logical end thereof, which is where the last authorizes their validity.
testamentary disposition ends. As the probate court correctly
appreciated, the last page of the will does not contain any testamentary The Civil Code likewise requires that a will must be acknowledged before
disposition; it is but a mere continuation of the Acknowledgment. (Mitra a notary public by the testator and the witnesses. The importance of this
v. Sablan-Guevarra, G.R. No. 213994, [April 18, 2018]) requirement is highlighted by the fact that it was segregated from the
other requirements under Article 805 and embodied in a distinct and
separate provision. (Lee v. Tambago, A.C. No. 5281 (Resolution), [February
SIGNATURE OF WITNESSES ATTESTATION CLAUSE; CONSTRUED. — 12, 2008], 568 PHIL 363-378)

An attestation clause refers to that part of an ordinary will whereby the

attesting witnesses certify that the instrument has been executed before RULINGS ON SIGNING OF WITNESSES ON THE ATTESTATION CLAUSE
them and to the manner of the execution of the same (Testate Estate of
Paula Toray, 87 Phil. 139 [1950]). It is a separate memorandum or record WILLS; SIGNATURES OF TESTATOR AND ATTESTING WITNESSES; USE OF
of the facts surrounding the conduct of execution and once signed by RIGHT MARGIN. — A will otherwise properly executed in accordance with
the witnesses, it gives affirmation to the fact that compliance with the the requirements of existing law is not rendered invalid by the fact that
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
the paginal signatures of the testator and attesting witnesses appear in CONTENTS OF ATTESTATION CLAUSE REQUIREMENTS;​ PURPOSES
the right margin instead of the left. (Avera v. Garcia, G.R. No. 15566, THEREOF.​ -
[September 14, 1921], 42 PHIL 145-152)
Under​ the​ third paragraph of Article 805, such a clause, the
WILLS; SIGNATURES ON MARGIN. — Where each and every page upon complete lack of which would result in the invalidity of the will, should
which the will is written was signed by the testator and the witnesses, the state (1) the number of pages used upon which the will is written; (2) that
fact that the signatures on each page do not all appear on the left the testator signed, or expressly caused another to sign, the will and
margin thereof does not detract from the validity of the will. (Avera vs. every page thereof in the presence of the attesting witnesses; and (3)
Garcia and Rodriguez, 42 Phil., 145.)|||(Nayve v. that the attesting witnesses witnessed the signing by the testator of the
Mojal, G.R. No. 21755, [December 29, 1924], 47 PHIL 152-158) will and all its pages, and that said witnesses also signed the will and
every page thereof in the presence of the testator and of one another.
SIGNING BY THE WITNESSES ON LEFT MARGIN OF EACH PAGE WILLS; (Caneda v. Court of Appeals, G.R. No. 103554, [May 28, 1993])
SIGNATURES OF WITNESSES ON THE MARGIN

The omission of the attesting witnesses to sign with the testator at the FATAL DEFECT IF THERE IS NO STATEMENT THAT THE WITNESSES SIGNED
left margin of each page is a fatal defect which prevents the probate of THE WILL AND EVERY PAGE IN THE PRESENCE OF THE TESTATOR AND OF
the will, for it is a violation of section 2 of Act No. 2645, and it is not ONE ANOTHER
enough that the testator alone should sign at the left margin of each
page. (Aspe v. Prieto, G.R. No. L-17761, [April 28, 1922]) What is then clearly lacking, in the final logical analysis, is the statement
that the witnesses signed the will and every page thereof in the presence
INADVERTENT FAILURE OF AN ATTESTING WITNESS TO AFFIX HIS of the testator and of one another. It is our considered view that the
SIGNATURE TO ONE PAGE OF A WILL NOT FATAL. — The inadvertent failure absence of that statement required by law is a fatal defect or
of an attesting witness to affix his signature to one page of a testament, imperfection which must necessarily result in the disallowance of the will
due to the simultaneous lifting of two pages in the course of signing, is that is here sought to be admitted to probate. xxxx​ xxxxx (Caneda v.
not per se sufficient to justify denial of probate.(In re: Icasiano v. Icasiano, Court of Appeals, G.R. No. 103554, [May 28, 1993])
G.R. No. L- 18979, [June 30, 1964], 120 PHIL 420-429)

REQUIREMENT OF NUMBERING OF PAGES WILLS; PAGING; PURPOSE;

OMISSION OF PAGE NUMBER SUPPLIED BY OTHER MEANS OF TESTATOR NEED NOT SIGN THE ATTESTATION CLAUSE
IDENTIFICATION. — The purpose of the law in prescribing the paging of
wills is to guard against fraud, and to afford means of preventing the TESTATOR'S SIGNATURE. — The testator's signature is not necessary in
substitution or of detecting the loss of any of its pages. (Abangan vs. the attestation clause because this, as its name implies, appertains only
Abangan, 40 Phil., 476.) The omission to put a page number on a sheet, if to the witnesses and not to the testator. (In re: Abangan v. Abangan, G.R.
that be necessary, may be supplied by other forms of identification more No. 13431, [November 12, 1919], 40 PHIL 476-480)
trustworthy than the conventional numeral words or characters. (Lopez v.
Liboro, G.R. No. L-1787, [August 27, 1948], 81 PHIL 429-434) BUT WITNESSES SHOULD SIGN WILLS; ATTESTATION CLAUSE; LACK OF
SIGNATURES OF ATTESTING WITNESSES AT BOTTOM OF ATTESTATION
PAGING IN ARABIC NUMERALS CLAUSE, IS FATAL DEFECT. —

Paging in inventory with Arabic numerals is in compliance with the Inasmuch as the signatures of the three witnesses to the will do not
spirit of the law, requiring that the paging of a will be made letters, and is appear at the bottom of the attestation clause, although the page
just as valid as paging with letters A, B, C, etc., under the circumstances containing the same is signed by the witnesses on the left-hand margin,
stated in the case of Aldaba vs. Roque (43 phil 378). (Unson v. Abella, G.R. the will is fatally defective. The attestation clause is "a memorandum of
No. 17857, [June 12, 1922], 43 PHIL 494-505) the facts attending the execution of the will" required by law to be made
by the attesting witnesses, and it must necessarily bear their signatures.
(Cargo v. Cargo, G.R. No. L-5826, [April 29, 1953], 92 PHIL 1032-1036)
REQUIREMENT OF ATTESTATION CLAUSE
MERE MENTION OF WITNESSES’ NAMES IN THE ATTESTATION CLAUSE NOT
ATTESTATION CLAUSE; CONSTRUED. — An attestation clause refers to SUFFICIENT
that part of an ordinary will whereby the attesting witnesses certify that
the instrument has been executed before them and to the manner of the Hence, an authentic attestation clause must not only contain the names
execution of the same (Testate Estate of Paula Toray, 87 Phil. 139 [1950]). of the instrumental witnesses. Mere mention of their names in the
It is a separate memorandum or record of the facts surrounding the attestation clause will not accurately represent the fact of their
conduct of execution and once signed by the witnesses, it gives attestation and subscription. Instead, the instrumental witnesses must
affirmation to the fact that compliance with the essential formalities also sign the instrument before it is notarized by the notary public.
required by law has been observed. (Vda. de Ramos, et al. vs. Court of (Constantino v. People, G.R. No. 225696, [April 8, 2019])
Appeals, et. al., 81 SCRA 393 [1978]). It is made for the purpose of
preserving in a permanent form a record of the facts that attended the LIBERAL APPLICATION AS TO THE LOCATION OF SIGNATURES
execution of a particular will, so that in case of failure of the memory of
the attesting witnesses, or other casualty, such facts may still be proved The fact that the three instrumental witnesses signed the will
(Leynez vs. Leynez, 68 Phil. 745 [1939]). (Caneda v. Court of Appeals, G.R. immediately under the signature of the testator shows that they in fact
No. 103554, [May 28, 1993]) attested, not only to the genuineness of his signature, but also to the due
execution of the will as embodied in the attestation clause. (See also In
re will of Tan Diuco, 45 Phil., 807, 809; 4 Escriche, p. 1115.) The attestation
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
clause in question bears close similarity with the attestation clause in the the will can be proved also by the mere examination of the signatures
will invoked in Aldaba vs. Roque (43 Phil., 378). (In re: Venzon v. Achacoso, appearing on the document itself, and the omission to state such
G.R. No. L-3497, [May 18, 1951], 88 PHIL 730-740) evident fact does not invalidate the will.(Nayve v. Mojal, G.R. No. 21755,
[December 29, 1924], 47 PHIL 152-158)

Note that the marginal signing is different from the requirement that the
testator must sign up until the last page. Must be signed on each and every ATTESTATION CLAUSE STATEMENT OF THE NUMBER OF PAGES ON WHICH
page on the left margin except the last. But if the last page is where the THE WILL IS WRITTEN
acknowledgment can be found
If the last part of the body of the will contains a statement that it is
Holographic doesn’t need to be witnessed or a notarial public. composed of eight pages, and the will itself shows that it is really and
actually composed of eight pages duly signed by the testator and his
Q: What is the advantage of a public document? You are excused from instrumental witnesses, the will is valid even if its attestation clause does
proving the authenticity and due execution of the document.
not state the number of pages or sheets upon which the will is written.
(Singson v. Florentino, G.R. No. L-4603, [October 25, 1952], 92 PHIL 161-168)
What makes a document binding is the registration.

When the will is already notarized, does that dispense with the due WHEN FAILURE TO STATE NUMBER OF PAGES IS A FATAL DEFECT
execution and authenticity? No, because of acknowledgement. Witnesses
need to be presented during probate. As to whether the failure to state the number of pages of the will in the
attestation clause renders such will defective, the CA, citing Uy Coque vs.
Q: What if the marginal signing is on the right signing instead of the left? It’s Naves Sioca In re: Will of Andrada, perceived such omission as a fatal
ok, substantial compliance. What’s important is the signature. flaw. In Uy Coque, one of the defects in the will that led to its
disallowance is the failure to declare the number of its pages in the
THE RULE ON SUBSTANTIAL COMPLIANCE IN RELATION TO ATTESTATION attestation clause. The Court elucidated that the purpose of requiring the
CLAUSE RULE ON SUBSTANTIAL COMPLIANCE UNDER ART. 809 OF THE number of pages to be stated in the attestation clause is to make the
CIVIL CODE; NOT APPLICABLE IN CASE AT BAR. — falsification of a will more difficult. In In re: Will of Andrada, the Court
deemed the failure to state the number of pages in the attestation
The rule on substantial compliance in Article 809 cannot be invoked or clause, fatal. Both pronouncements were, however, made prior to the
relied on by respondents since it presupposes that the defects in the effectivity of the Civil Code on August 30, 1950. (Mitra v. Sablan-Guevarra,
attestation clause can be cured or supplied by the text of the will or a G.R. No. 213994, [April 18, 2018])
consideration of matters apparent therefrom which would provide the
data not expressed in the attestation clause or from which it may SUBSTANTIAL COMPLIANCE RULE APPLIED IF THE NUMBER OF PAGES IS
necessarily be gleaned or clearly inferred that the acts not stated in the STATED IN THE OTHER PARTS OF THE WILL
omitted textual requirements were actually complied with in the
execution of the will. In other words, the defects must be remedied by Subsequently, in Singson vs. Florentino, the Court adopted a more liberal
intrinsic evidence supplied by the will itself. (Caneda v. Court of Appeals, approach and allowed probate, even if the number of pages of the will
G.R. No. 103554, [May 28, 1993]) was mentioned in the last part of the body of the will and not in the
attestation clause. xxx xxxx The substantial compliance rule is embodied
ATTESTATION CLAUSE FAILS TO STATE THAT TESTATOR SIGNED WILL IN in the Civil Code as Article 809 thereof
THE PRESENCE OF WITNESSES CANNOT BE CURED BY SUBSTANTIAL
COMPLIANCE Thus, in Taboada vs. Hon. Rosal, the Court allowed the probate of a will
notwithstanding that the number of pages was stated not in the
Among the formalities prescribed by law (section 618 of Act No. 190, as attestation clause, but in the Acknowledgment. In Azuela vs. CA, the
amended by Act No. 2645) to a valid will is the requirement that the Court ruled that there is substantial compliance with the requirement, if it
attestation clause should state "the fact that the testator signed the will is stated elsewhere in the will how many pages it is comprised of.
and every page thereof, or caused some other person to write his name, (Mitra v. Sablan-Guevarra, G.R. No. 213994, [April 18, 2018])
under his express direction, in the presence of three witnesses." This
requirement was not complied with in the present case, for the RULE OF “SUBSTANTIAL COMPLIANCE” NOT APPLIED, BECAUSE OF
attestation clause fails to state that fact. (Testate estate of Tenefrancia CONFLICT (IN THE STATEMENT IN ACKNOWLEDGEMENT AND ACTUAL
v. Abaja, G.R. No. L-2415, [July 31, 1950], 87 PHIL 139-144) NUMBER OF PAGES

ATTESTATION CLAUSE; SIGNING BY ANOTHER OF TESTATOR'S NAME AT While Article 809 allows substantial compliance for defects in the form of
LATTER'S DIRECTION the attestation clause, Richard likewise failed in this respect. The
statement in the Acknowledgment portion of the subject last will and
When the testator expressly caused another to sign the former's name, testament that it "consists of 7 pages including the page on which the
this fact must be recited in the attestation clause. Otherwise, the will is ratification and acknowledgment are written" cannot be deemed
fatally defective. (In re: Mercado v. Lacuesta, G.R. No. L- 4067, [November substantial compliance. The will actually consists of 8 pages including its
29, 1951], 90 PHIL 489-491) acknowledgment which discrepancy cannot be explained by mere
examination of the will itself but through the presentation of evidence
SIGNING OF WILL (Lopez v. Lopez, G.R. No. 189984 (Resolution), [November 12, 2012], 698 PHIL
423-428)
The attestation clause must state the fact that the testator and the
witness reciprocally saw the signing of the will, for such an act cannot be Substantial compliance - only if the defect can be remedied by a simple
proved by the mere exhibition of the will, if it is not stated therein. But the superficial examination of the will
fact that the testator and the witnesses signed each and every page of
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
If the witness has already signed the AC, would that excuse them from Kng asa ang jurisdiction sa RTC that granted your petition, dapat diha sd ka
signing on the left margin? No, they also have to sign the left margin. mu acknowledge in the same jurisdiction.

What happens if the last page has the attestation clause and on that very Guerrero vs. Bihis
same page, you cannot find the signing on the left margin? No, because
you can argue that there is substantial compliance. TN: Pwede ra tagsa2 ug adto ang witnesses. Dli need na dungan sla mu
appear before the notary public. What the law requires na dapat in one
WG: Signing the AC and on the left margin are two different requirements. room ky ang signing of attestation clause.
Under the circumstances, the evil sought to be prevented is addressed
already because its also there where you can find the signature of the When you notarize a will, remember to take a video.
witnesses.

But if there’s one page that wasn’t signed and the attestation clause is on NOTARY PUBLIC COULD NOT ACT AS A WITNESS
another page, then that could be a defect.
To allow the notary public to act as third witness, or one of the attesting
and acknowledging witnesses, would have the effect of having only two
REQUIREMENT OF ACKNOWLEDGMENT OF NOTARIAL WILL BEFORE A
attesting witnesses to the will which would be in contravention of the
NOTARY PUBLIC
provisions of Article 805 requiring at least three credible witnesses to act
as such and of Article 806 which requires that the testator and the
One of the formalities required by law in connection with the execution of
required number of witnesses must appear before the notary public to
a notarial will is that it must be acknowledged before a notary public by
acknowledge the will. The result would be, as has been said, that only two
the testator and the witnesses. This formal requirement is one of the
witnesses appeared before the notary public for that purpose. In the
indispensable requisites for the validity of a will. In other words, a notarial
circumstances, the law would not be duly observed. (Cruz v. Villasor, G.R.
will that is not acknowledged before a notary public by the testator and
No. L-32213, [November 26, 1973], 153 PHIL 315-320)
the instrumental witnesses is void and cannot be accepted for probate.
(Guerrero v. Bihis, G.R. No. 174144, [April 17, 2007], 549 PHIL 908-916)
A NOTARY PUBLIC CANNOT ACKNOWLEDGE A WILL IN A PLACE OUTSIDE
THE JURISDICTION OF HIS COMMISSION
ATTESTATION AND ACKNOWLEDGEMENT ARE TWO SEPARATE PARTS OF A
WILL
A notary public's commission is the grant of authority in his favor to
perform notarial acts. It is issued "within and for" a particular territorial
Even granting that the Acknowledgment embodies what the attestation
jurisdiction and the notary public's authority is co-extensive with it. In
clause requires, we are not prepared to hold that an attestation clause
other words, a notary public is authorized to perform notarial acts,
and an acknowledgment can be merged in one statement. That the
including the taking of acknowledgments, within that territorial
requirements of attestation and acknowledgment are embodied in two
jurisdiction only. Outside the place of his commission, he is bereft of
separate provisions of the Civil Code (Articles 805 and 806, respectively)
power to perform any notarial act; he is not a notary public. Any notarial
indicates that the law contemplates two distinct acts that serve different
act outside the limits of his jurisdiction has no force and effect. (Guerrero
purposes. An acknowledgment is made by one executing a deed,
v. Bihis, G.R. No. 174144, [April 17, 2007], 549 PHIL 908-916)
declaring before a competent officer or court that the deed or act is his
own. On the other hand, the attestation of a will refers to the act of the
CIVIL LAW; PROBATE OF WILL; ART. 808, NEW CIVIL CODE; SCOPE OF THE
instrumental witnesses themselves who certify to the execution of the
TERM "BLINDNESS". — The following pronouncement in Garcia vs.
instrument before them and to the manner of its execution. (Echavez v.
Vasquez provides an insight into the scope of the term "blindness" as
Dozen Construction and Development Corp., G.R. No. 192916 (Resolution),
used in Art. 808, to wit: "The rationale behind the requirement of reading
[October 11, 2010], 647 PHIL 108-113)
the will to the testator if he is blind or incapable of reading the will
himself (as when he is illiterate), is to make the provisions thereof
CONFLICT BETWEEN DATES APPEARING ON THE WILL DOES NOT
known to him, so that he may be able to object if they are not in
INVALIDATE THE DOCUMENT
accordance with his wishes . . ." Clear from the foregoing is that Art. 808
applies not only to blind testators but also to those who, for one reason
THE LAW DOES NOT ACTUALLY REQUIRE THAT EXECUTION OF WILL AND
or another, are "incapable of reading the(ir) will(s)." (In re Alvarado v.
HAVING IT ACKNOWLEDGED MUST BE DONE AT THE SAME TIME
Gaviola, Jr., G.R. No. 74695, [September 14, 1993])

Moreover, as correctly ruled by the appellate court, the conflict between

the dates appearing on the will does not invalidate the document, Ex. If there are 4 witnesses and one of them is you, wala ray redundancy
"because the law does not even require that a [notarial] will ...be ana.
executed and acknowledged on the same occasion." More important,
Re Alvarado v. Gaviola
the will must be subscribed by the testator, as well as by three or more
credible witnesses who must also attest to it in the presence of the BLINDNESS may mean being incapable of reading
testator and of one another. Furthermore, the testator and the witnesses
must acknowledge the will before a notary public. In any event, we agree
with the CA that "the variance in the dates of the will as to its supposed RULES ON HOLOGRAPHIC WILL
execution and attestation was satisfactorily and persuasively explained
by the notary public and the instrumental witnesses." (Ortega v.
Valmonte, G.R. No. 157451, [December 16, 2005], 514 PHIL 436-453) HOLOGRAPHIC WILL

Art. 810. A person may execute a holographic will which must be entirely
Notarial will is also required to be acknowledged in the presence of the
written, dated, and signed by the hand of the testator himself. It is
Republic.
subject to no other form, and may be made in or out of the Philippines,
and need not be witnessed. (678, 688a)
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
neither be given effect because she failed to authenticate it in the
RULE ON DISPOSITIONS BELOW THE SIGNATURE OF THE TESTATOR manner required by law by affixing her full signature. (Kalaw v. Relova,
G.R. No. L-40207, [September 28, 1984], 217 PHIL 232-238)
Art. 812. In holographic wills, the dispositions of the testator written below
his signature must be dated and signed by him in order to make them
valid as testamentary dispositions. (n)
Marginal signing and witnesses is not required in holographic will.

EFFECT IF LAST DISPOSITION IS SIGNED AND DATED If sobra requirements, ex. Ma double ang notarization - that will not make a
will invalid.
Art. 813. When a number of dispositions appearing in a holographic will
are signed without being dated, and the last disposition has a signature
GENERAL RULE: EFFECT OF ABSENCE OF AUTHENTICATION
and a date, such date validates the dispositions preceding it, whatever
be the time of prior dispositions. (n)
Ordinarily, when a number of erasures, corrections, and interlineations
made by the testator in a holographic Will have not been noted under
RULE IN CASE OF INSERTION, CANCELLATION, ERASURE OR ALTERATION
his signature, . . . the Will is not thereby invalidated as a whole, but at
most only as respects the particular words erased, corrected or
Art. 814. In case of any insertion, cancellation, erasure or alteration in a
interlined. (Kalaw v. Relova, G.R. No. L- 40207, [September 28, 1984], 217
holographic will, the testator must authenticate the same by his full
PHIL 232-238)
signature. (n)

EFFECT OF LACK OF AUTHENTICATION

DATE IN THE WILL

Thus, unless the unauthenticated alterations, cancellations or insertions

The objection interposed by the oppositor-respondent Luz Henson is that
were made on the date of the holographic will or on testator's signature,
the holographic Will is fatally defective because the date "FEB./61"
their presence does not invalidate the will itself. The lack of
appearing on the holographic Will is not sufficient compliance with
authentication will only result in disallowance of such changes.
Article 810 of the Civil Code. This objection is too technical to be
entertained. As a general rule, the "date" in a holographic Will should
It is also proper to note that the requirements of authentication of
include the day, month, and year of its execution. However, when as in
changes and signing and dating of dispositions appear in provisions
the case at bar, there is no appearance of fraud, bad faith, undue
(Articles 813 and 814) separate from that which provides for the
influence and pressure and the authenticity of the Will is established and
necessary conditions for the validity of the holographic will (Article 810).
the only issue is whether or not the date "FEB./61" appearing on the
(Spouses Ajero v. Court of Appeals, G.R. No. 106720, [September 15, 1994],
holographic Will is a valid compliance with Article 810 of the Civil Code,
306 PHIL 500-510)
probate of the holographic Will should be allowed under the principle of
substantial compliance. (In Re: Roxas v. De Jesus, Jr., G.R. No. 38338,
[January 28, 1985], 219 PHIL 216-223)
WITNESSES TO A NOTARIAL WILL

THE LAW DOES NOT SPECIFICY WHERE IN THE WILL (HOLOGRAPHIC) WILL
THE DATE BE STATED
ORDINARY WILL

The will has been dated in the hand of the testator himself in perfect
Article 820. Any person of sound mind and of the age or more, and not
compliance with Article 810. It is worthy of note to quote the first
blind, deaf or dumb, and able of eighteen years to read and write, may
paragraph of the second page of the holographic will, viz: "And this is the
be a witness to the execution of a will mentioned in article 805 of this
day in which we agreed that we are making the partitioning and
Code.
assigning the respective assignment of the said fishpond, and this being
in the month of March, 17th day, in the year 1968, and this decision and or
NOTE:
instruction of mine is the matter to be followed. And the one who made
this writing is no other than MELECIO LABRADOR, their father."
➢​ The witnesses referred to are those for ordinary [notarial] will
➢​ Holographic Wills need not be witnessed
The law does not specify a particular location where the date should be
placed in the will. The only requirements are that the date be in the will
itself and executed in the hand of the testator. These requirements are Disqualified witness - convicted person has 0 crediibility
present in the subject will. (In re: Labrador v. Court of Appeals, G.R. Nos.
83843-44, [April 5, 1990], 263 PHIL 50-57)
DISQUALIFIED WITNESS

EXCEPTION
Article 821. The following are disqualified from being witnesses to a will:

However, when as in this case, the holographic Will in dispute had only
(1)​ Any person not domiciled in the Philippines;
one substantial provision, which was altered by substituting the original
(2)​ Those who have been convicted of falsification of a document,
heir with another, but which alteration did not carry the requisite of full
perjury or false testimony.
authentication by the full signature of the testator, the effect must be
that the entire Will is voided or revoked for the simple reason that
nothing remains in the Will after that which could remain valid. To state
Effect of subsequent [incompetence] of witness
that the Will as first written should be given efficacy is to disregard the
seeming change of mind of the testatrix. But that change of mind can
Article 822. If the witnesses attesting the execution of a will are
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
competent at the time of attesting , their becoming subsequently among other things the number of pages thereof;
incompetent shall not prevent the allowance of the will Monday, 3.​ It must be identified by clear and satisfactory proof as the
February 26, 2024 . document or paper referred to therein; and
4.​ It must be signed by the testator and the witnesses on each
and every page, except in case of voluminous books of
Scope of Disqualification account or inventories.

Article 823. If a person attests the execution of a will, whose spouse, or

parent, or child , a devise or legacy to whom or to is given will, such NOTES ON INCORPORATION BY REFERENCE
devise or legacy by such shall, so far only as concerns such person, or
spouse, or parent, or child of such person, or any one claiming under This is an exception to the rule that if an instrument is not executed in
such person or spouse, or parent, or child, be void , unless there are three accordance with the formalities of a will, it cannot be admitted to
other competent witnesses to such will. However, such a person so probate.
attesting shall be admitted as a witness as if such devise or legacy had
not been made or given . To be validly deemed as part of the will

●​ In the will, there must be an explicit reference to it in writing

CAN A CREDITOR BE A COMPETENT WITNESS ●​ The reference must show that the writing has already been
made
Article 824. A mere charge on the estate of the testator for the payment ●​ It can be given effect only if it is the wish of the testator
of debts due at the time of the testator's death creditors from being
competent witnesses does not prevent him to his will.
Why is it required that the incorporation by reference be executed at the
same time? Because of the possibilities of insertion since this document is
INCORPORATION BY REFERENCE AND CODICIL not required to be attested, signed by the testator, or marginally signed.

CONFLICT RULES ON WILLS AND SUCCESSION

WHAT IS A CODICIL

Art. 825. A Codicil is supplement or addition to a will,made after the Conflict Rules - “what system of law will govern a specific situation”?
execution of will and annexed to be taken as part thereof, by which Whether or not its Philippine law or the law of a foreign country
disposition made the original willis explained, added to, or altered.
Suppose that we have a Filipino testator and he made a will while he was
abroad, he disposed of properties which are in the Philippines. He filed a
Art. 826. In order that a codicil may be effective, it shall be executed as in petition for probate of will, the problem here now is this Filipino testator who
the case of a will. made a will abroad, made a will without an attestation clause. But in the
place where the will was made, wala na sa ila requirement. Filipino judge
denied the admission of probate.
If for example I bequeath to “Santiago the following property”, is there a
need for a codicil? Yes, if there are several Santiagos. We don’t have to
The Judge is not correct under Art. 17 of the NCC. Formalities shall be
invalidate the will because it will be cured by a codicil already.
governed by the law of the place where it was executed.
Apart from a separate property, the testator aims to give more parcels of
land. So, here, there’s no need to re-do everything, just cure the details EXTRINSIC VALIDITY OF WILLS - governed where the will was executed
through a codicil.

Article 17. The forms and solemnities of contracts, wills, and other public
Revocation of a single testate can also be done in the codicil.
instruments shall be governed by the laws of the country in which they
are executed.
IMPORTANT NOTES ON CODICIL
When the acts referred to are executed before the diplomatic or
●​ If testator makes a subsequent (i.e. after the execution of a consular officials of the Republic of the Philippines in a foreign country,
will), it may either be a codicil or a new will the solemnities established by Philippine laws shall be observed in their
●​ Chief characteristic of codicil: it explains or modifies a new will execution.
●​ Codicil is always related to some prior will
Prohibitive laws concerning persons, their acts or property, and those
which have for their object public order, public policy and good customs
INCORPORATION BY REFERENCE shall not be rendered ineffective by laws or judgments promulgated, or
by determinations or conventions agreed upon in a foreign country.
Article 827. If a will, executed as required by this Code, incorporates into
itself by reference any document or paper, such document or paper IF TESTATOR IS A IF TESTATOR IS A
shall not be considered a part of the will unless the following requisites FOREIGNER FILIPINO
are present:
Will executed abroad ●​ National ●​ National
1.​ The document or paper referred to in the will must be in law Law
existence at the time of the execution of the will; ●​ Law of ●​ Lex Loci
2.​ The will must clearly describe and identify the same, stating domicile celebration
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
●​ Philippine is CAPACITY TO SUCCEED
Law
●​ Lex loci Article 1039 - governed by the law of the nation of the decedent
celebration
is
Ex. G, a common law spouse - as a Filipino testator - not allowed since we
don’t allow common law spouses in the Philippines. If a foreigner, check if
Will executed in the ●​ National ●​ Philippine they allow common law spouses. If yes, then thats valid.
Philippines Law Law
●​ Lex loci
INTERPRETATION OF WILL
celebration
is
-​ Rule of construction if provided in the will
-​ In default thereof, national law of the deceased
TN: A foreigner can file for probate in the Philippines as long as there is no
legal impediment.
REVOCATION OF WILLS
If a foreigner utilized the laws of the Philippines, no need to prove the law
since courts should take judicial notice of local laws.
Testator Place of Law Applicable Basis
Lex Aura principle - governed by the law of the place where the case was Revocation
commenced.
Non-Resident PH PH Art. 829, CC
Ex. The Filipino testator executed a will in accordance with the California of the
laws - BUT IF the issue relates to the procedural aspect of the probate, the
Philippines
Philippine law will govern.

Resident of the PH PH Art. 829, CC

PROBATE OF WILLS Philippines

What is probate? Non Resident of Abroad Lex Art. 829, CC

Need for probate even if probated abroad the Philippines celebrationis/L
ex domicilii
Court has to determine whether the testator has mental capacity and that
the formalities for due execution are complied with. Resident of the Abroad Lex domicilii Article 17, CC
Philippines (Phil. law)

INTRINSIC VALIDITY OF WILLS

Lex Loci Actus
(place of
Lex Nationalii (regardless of location and nature of property)
revocation
-​ Miciano vs. Brimo

INTRINSIC ASPECT OF WILL - governed by the law of the decedent

REVOCATION OF WILLS REVIVAL AND REPUBLICATION

●​ Order of succession -
●​ Amount of successional rights
Revocation of Wills and Testamentary Dispositions
●​ Intrinsic validity of the Provisions - Nepomuceno v. CA
(adulterous relationship) Art. 828. A will may be revoked by the testator at any time before his
○​ What if in his country allowed ang adultery? - valid, death. Any waiver or restriction of this right is void.
we can’t argue public policy. Exception to public
policy is if it is inherently immoral.
TN Disinheritance is not the same with revocation of a will. The former only
involves compulsory heirs. Also, the ground cited must be that allowed by
Ex. American guy, who was previously married, who impregnated a Filipina, law. In revocation, it is not required that the testator cite a reason.
they have 4 children as a result of their love affair. Foreigner has condo
units. Foreigner now has illegitimate child. Illegitimate child now contested
CIVIL LAW; SUCCESSION; A WILL HAS NO EFFECT WHATEVER AND NO
that she is entitled since she is a compulsory heir.
RIGHT​ CAN BE CLAIMED​ THEREUNDER​ UNTIL​ IT​
IS​ ADMITTED​TO
The illegitimate child is correct based on the second paragraph of Art. 16. TN
PROBATE. — A will is essentially ambulatory; at any time prior to the
condo are real properties, but since this is related to testamentary
testator's death, it may be changed or revoked; and until admitted to
succession - national law of the decedent governs (US LAW) which allows
probate, it has no effect whatever and no right can be claimed
illegitimate child to be a legitime- hence, entitled to a share.
thereunder, the law being quite explicit: "No will shall pass either real or
personal property unless it is proved and allowed in accordance with the
Read: Aznar v. Garcia, Cayetano vs Leonidas
Rules of Court" (ART. 838, CIVIL CODE). (Cañiza v. Court of Appeals, G.R.
No. 110427, [February 24, 1997], 335 PHIL 1107-1121)
Suppose a couple really wants to make a joint will, they went to a foreign
place where that is allowed. Still void. It cannot be justified by using lex loci
celebrationis
REVOCATION DONE OUTSIDE THE PHILIPPINES BY ONE WHO DOES NOT
HAVE HIS DOMICILE IN THIS COUNTRY
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​

Art. 829. A revocation done outside the Philippines, by a person who does A subsequent will containing a clause revoking a previous will, should
not have his domicile in this country, is valid when it is done according to possess all the requisites of a will, should be signed and attested in the
the law of the place where the will was made, or according to the law of manner provided by law, and should be allowed, in order that the
the place in which the testator had his domicile at the time; and if the revocatory clause thereof may produce the effect of revoking the
revocation takes place in this country, when it is in accordance with the previous will.
provisions of this Code. (n)
VOID REVOCATORY CLAUSE. — A subsequent will, containing a clause
revoking a previous will, having been disallowed, for the reason that it
Take up during conflict of laws. was not executed in conformity with the provisions of section 618 of the
Code of Civil Procedure as to the making of wills, cannot produce the
MANNER OF REVOCATION effect of annulling the previous will, inasmuch as said revocatory clause
is void (Samson v. Naval, G.R. No. 11823, [February 11, 1918], 41 PHIL
Art. 830. No will shall be revoked except in the following cases: 838-850)

(1)​ By implication of law; or

This manner is dependent on the will of the testator.
(2)​ By some will, codicil, or other writing executed as provided in
case of wills; or Ex. Entire Will #1 is revoked, but if dili tanan, mu fall sya ani na manner of
revocation.
(3)​ By burning, tearing, cancelling, or obliterating the will with the
intention of revoking it, by the testator himself, or by some
other person in his presence, and by his express direction. If DOCTRINE OF DEPENDENT RELATIVE REVOCATION
burned, torn, cancelled, or obliterated by some other person,
without the express direction of the testator, the will may still WILLS; REVOCATION BY SUBSEQUENT WILL; EFFECT OF VOID REVOCATORY
be established, and the estate distributed in accordance CLAUSE.
therewith, if its contents, and due execution, and the fact of its
unauthorized destruction, cancellation, or obliteration are — A subsequent will containing a clause revoking a previous will, having
established according to the Rules of Court. been disallowed for the reason that it was not executed in conformity
with the provisions of section 618 of the Code of Civil Procedure as to the
making of wills, cannot produce the effect of annuling the previous will,
(1)​ By implication of law - revoked by “operation of law” inasmuch as said revocatory clause is void (Samson vs. Naval, 41 Phil.,
-​ Grounds under legal separation (drunkenness, infidelity etc) 838).
-​ Grounds under annulment (fraud, force or intimidation)
ID.; PROBATE; DEPENDENT RELATIVE REVOCATION. — Even in the
INSTANCES OF REVOCATION BY OPERATION OF LAW supposition that the destruction of the original will by the testator could
be presumed from the failure of the petitioner to produce it in court, such
●​ The spouse who contracted marriage in bad faith shall be destruction cannot have the effect of defeating the prior will where it is
disqualified to inherit under Article 41, Family Code. founded on the mistaken belief that the later will has been validly
●​ If both spouses in subsequent marriage acted in bad faith, executed and would be given due effect. The earlier will can still be
testamentary dispositions by one in favor of another are admitted to probate under the principle of "dependent relative
revoked by operation of law revocation". The theory on which this principle is predicated is that the
●​ In annulment, spouse in bad faith is disqualified to inherit testator did not intend to die intestate. And this intention is clearly
●​ Upon issuance of decree of legal separation, provisions in manifest where he executed two wills on two different occasions and
favor of the offending spouse made in the will of innocent instituted his wife as his universal heir. (Vda. de Molo v. Molo, G.R. No.
spouse shall be revoked L-2538, [September 21, 1951], 90 PHIL 37-49)
●​ Effect of preterition
●​ Heir, devisee, or legatee commits an act of unworthiness Under this doctrine, it is dependent on a suspensive condition. If the second
will is not successfully probated, then
Preterition - product of inadvertence, ex. You are a compulsory heir but was
excluded in the will, the intent was unintentional Case of Molo: The best proof that the testator does not want to die is the
fact that he left 2 wills.
TN: illegitimate children are also compulsory heirs
In the principle of instanter, there’s no condition. The revocation is absolute.
Effect: It will annul the entire will as if there’s no will and testament at all.
Meaning, it was revoked by operation of law. Another mode of revocation… BY BURNING, TEARING, CANCELLING, OR
OBLITERATING THE WILL
Assuming that the grounds for disinheritance are not complied with, the
effect is ineffective disinheritance: dli ma totally wala ang inheritance. PHYSICAL ACT OF REVOCATION MUST BE ACCOMPANIED WITH INTENT TO
Unlike in preterition, where very drastic ang effect, ma annul than REVOKE
inheritance.
The physical act of destruction of a will, like burning in this case, does not
Another mode of revocation…BY SOME WILL, CODICIL, OR OTHER per se constitute an effective revocation, unless the destruction is
WRITING EXECUTED AS PROVIDED IN CASE OF WILLS coupled with animus revocandi on the part of the testator. It is not
imperative that the physical destruction be done by the testator himself.
WILLS; REVOCATION BY SUBSEQUENT WILL. — In order that a former will may It may be performed by another person but under the express direction
be revoked by operation of law by a subsequent will, it is necessary that and in the presence of the testator. xxx xxx xxxx.
the latter should be-valid and executed with the formalities required for
the making of wills. The intention to revoke must be accompanied by the overt physical act
of burning, tearing, obliterating, or cancelling the will carried out by the
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
while the testator intended to revoke the will, the actual document was not
testator or by another person in his presence and under his express destroyed—instead, another piece of paper was burned.
direction.||| (Testate Estate of Maloto v. Court of Appeals, G.R. No. 76464,
[February 29, 1988], 242 PHIL 179-187) The subjective phase (ATTEMPTED) refers to the portion of the execution of
the felony starting from the commencement of overt acts up to the point
In this manner of burning, tearing, etc. must concur with the intent to revoke. where the offender still has control over the execution of the acts.
-​ It begins with the commission of overt acts by the offender.
-​ It ends when the offender loses control over the execution of the
IMPLIED REVOCATION crime, typically when external forces intervene or when the
intended outcome becomes inevitable.
Art. 831. Subsequent wills which do not revoke the previous ones in an
express manner, annul only such dispositions in the prior wills as are Objective phase refers to the portion of the execution of the felony after the
inconsistent with or contrary to those contained in the latter wills. (n) offender loses control over its completion and external forces take over.
-​ The offender has already performed all the acts of execution
necessary to bring about the intended felony.
REVOCATION OF WILL SHOULD NOT BE PRESUMED
REPUBLICATION AND REVIVAL OF WILLS
It is apparent from the application that what is sought to be admitted to
probate is the original of the will. It is alleged therein that the original was
Art. 835. The testator cannot republish, without reproducing in a
in the possession of a third person or that it was either lost or destroyed
subsequent will, the dispositions contained in a previous one which is
by some person other than the testatrix. Under section 623 of Act No. 190,
void as to its form. (n)
if a will is shown to have been torn by some other person without the
express direction of the testator, it may be admitted to probate, if its
Art. 836. The execution of a codicil referring to a previous will has the
contents, due execution and its unauthorized destruction are established
effect of republishing the will as modified by the codicil. (n)
by satisfactory evidence. The applicant, therefore, was entitled to
hearing to prove the due execution of the original will and its loss or
Art. 837. If after making a will, the testator makes a second will expressly
destruction, and the respondent court had no statutory authority to
revoking the first, the revocation of the second will does not revive the
dismiss the application without such hearing.(Lipana v. Court of First
first will, which can be revived only by another will or codicil. (739a)
Instance of Cavite, G.R. No. 47174, [June 28, 1940], 70 PHIL 365-368)

TN: That here, “republishing” doesn’t mean “writing the whole will again”.
WILLS, CANCELLATION OF; PRESUMPTION Under Art. 836, referring to the previous will has the effect of republishing the
will.
The law does not require any evidence of the revocation or cancellation
of the will to be preserved. It therefore becomes difficult at times to prove But if for example, the revoked will lacks the attestation clause and one of
the cancellation or revocation of wills. The fact that such cancellation or the witnesses did not sign it, that’s the time you have to write everything
revocation has taken place must either remain unproved or be inferred under Art. 835
from evidence showing that after due search the original will cannot be
found.
MODULE 7
ALLOWANCE AND DISALLOWANCE OF WILLS
Where a will which cannot be found is shown to have been in the
possession of the testator, when last seen, the presumption is in the
absence of other competent evidence, that the same was cancelled or
destroyed. The same presumption arises where it is shown that the WHAT IS PROBATE? ITS SIGNIFICANCE
testator had ready access to the will and it cannot be found after his
death. It will not be presumed that such will has been destroyed by any In Cañiza v. Court of Appeals, the Court ruled that: "[a] will is essentially
other person without the knowledge or authority of the testator.||| (Gago ambulatory; at any time prior to the testator's death, it may be changed
v. Mamuyac, G.R. No. 26317, [January 29, 1927], 49 PHIL 902-905) or revoked; and until admitted to probate, it has no effect whatever and
no right can be claimed thereunder, the law being quite explicit: 'No will
shall pass either real or personal property unless it is proved and allowed
EFFECTS OF REVOCATION in accordance with the Rules of Court.'"

Art. 833. A revocation of a will based on a false cause or an illegal cause

Dr. Tolentino, an eminent authority on civil law, also explained that
is null and void. (n)
"[b]efore any will can have force or validity it must be probated. To
Art. 834. The recognition of an illegitimate child does not lose its legal probate a will means to prove before some officer or tribunal, vested by
effect, even though the will wherein it was made should be revoked. (714) law with authority for that purpose, that the instrument offered to be
proved is the last will and testament of the deceased person whose
Art. 832. A revocation made in a subsequent will shall take effect, even if testamentary act it is alleged to be, and that it has been executed,
the new will should become inoperative by reason of the incapacity of attested and published as required by law, and that the testator was of
the heirs, devisees or legatees designated therein, or by their sound and disposing mind. It is a proceeding to establish the validity of
renunciation. (740a)
the will."

Moreover, the presentation of the will for probate is mandatory and is a

Ex. What if gsugo ang blind to burn the will, he thought will iya na burn but matter of public policy. (Heirs of Lasam v. Umengan, G.R. No. 168156,
different diay. Is the will revoked? TN objective and subjective phase under [December 6, 2006], 539 PHIL 547-565)
criminal law
-​ NOT REVOKED
Allowance - approval or admitting the will to probate
For a will to be revoked by physical destruction, the act must be done with
the intent to revoke and must actually destroy the will itself. In this case,
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
SUBSECTION 8. Allowance and Disallowance of Wills That means that the testator was of sound and disposing mind at the
time when he executed the will and was not acting under duress,
Art. 838. No will shall pass either real or personal property unless it is menace, fraud, or undue influence; that the will was signed by him in the
proved and allowed in accordance with the Rules of Court. presence of the required number of witnesses, and that the will is
genuine and is not a forgery. Accordingly, these facts cannot again be
The testator himself may, during his lifetime, petition the court having questioned in a subsequent proceeding, not even in a criminal action for
jurisdiction for the allowance of his will. In such case, the pertinent the forgery of the will. (3 Moran's Comments on the Rules of Court, 1970
provisions of the Rules of Court for the allowance of wills after the Edition, p. 395; Manahan vs. Manahan, 58 Phil, 448).
testator's a death shall govern.
After the finality of the allowance of a will, the issue as to the
The Supreme Court shall formulate such additional Rules of Court as voluntariness of its execution cannot be raised anymore (Santos vs. De
may be necessary for the allowance of wills on petition of the testator. Buenaventura, L-22797, September 22, 1966, 18 SCRA 47). (Gallanosa v.
Arcangel, G.R. No. L-29300, [June 21, 1978], 173 PHIL
Subject to the right of appeal, the allowance of the will, either during the 92-102)
lifetime of the testator or after his death, shall be conclusive as to its due
execution. (n)
PROBATE WILL, ITS EFFECT UPON JOINT WILL OF SPOUSES

Who may file a petition for probate? 1.​ JUDGMENTS; PROBATE COURTS; ERROR OF LAW DOES NOT
AFFECT JURISDICTION OF NOR CONCLUSIVE EFFECT OF
-​ Rule 76, Sec. 1 DECISION. — An error of law committed in admitting a joint will
to probate does not affect the jurisdiction of the probate court
TN: MTC can act as probate court as well nor the conclusive effect of its final decision.

If you are an heir and you are in custody of that will and you did not have it
2.​ ID.; ID.; PROBATE DECREE OF JOINT WILL AFFECTS ONLY SHARE
probated, you will be fined. Worse if imo ikeep ang will and dili nmo
OF DECEASED SPOUSE. — A final probate decree of a joint will of
isurrender.
husband and wife affects only the share of the deceased
spouse and cannot include the disposition of the share of the
Considering that the questioned document is Segundo's holographic will, surviving spouse. The validity of said joint will, in so far as the
and that the law favors testacy over intestacy, the probate of the will estate of the latter spouse is concerned, must be, on her
cannot be dispensed with. Article 838 of the Civil Code provides that no death, reexamined and adjudicated de novo.
will shall pass either real or personal property unless it is proved and
allowed in accordance with the Rules of Court. Thus, unless the will is 3.​ WILLS; EFFECT OF VALIDITY OF JOINT WILL AS TO SHARE OF WIFE
probated, the right of a person to dispose of his property may be WHO DIES LATER THAN THE HUSBAND. — Where a husband and
rendered nugatory. (Dy Yieng Seangio v. Reyes, G.R. Nos. 140371-72, wife executed a join will and upon the death of the husband,
[November 27, 2006], 538 PHIL 40-52) said will was admitted to probate by a final decree of the court
although erroneous, and the wife dies later, it is held that said
first decree of probate affects only the estate of the husband
WHAT PROBATE PROCEEDING RESOLVES but cannot affect the estate of the wife, considering that a
joint will is a separate will of each testator, and a joint will
In testate succession, there can be no valid partition among the heirs being prohibited by law, the estate of the wife should pass
until after the will has been probated. The law enjoins the probate of a upon her death to her intestate heirs and not to the
will and the public requires it, because unless a will is probated and testamentary heirs, unless some other valid will is shown to
notice thereof given to the whole world, the right of a person to dispose exist in favor of the latter or unless the testamentary heir is the
of his property by will may be rendered nugatory. The authentication of a only heir intestate of said wife. (De la Cerna v. Potot, G.R. No.
will decides no other question than such as touch upon the capacity of L-20234, [December 23, 1964], 120 PHIL 1361-1365)
the testator and the compliance with those requirements or solemnities
which the law prescribes for the validity of a will. ||| (Union Bank of the
Philippines v.
Santibañez , G.R. No. 149926, [February 23, 2005], 492 PHIL 329-342) PROBATE LIMITED TO DETERMINATION OF DUE EXECUTION

Remedy: Appeal via Rule 109 Appeals in Special Proceedings The authentication of a will decides no other question than such as
touch the capacity of the testator and the compliance with those
requisites or solemnities which the law prescribes for the validity of wills.
EFFECT OF PROBATE It does not determine nor even by implication prejudge the validity or
efficiency (sic) of the provisions, these may be impugned as being
The 1939 decree of probate is conclusive as to the due execution or vicious or null, notwithstanding its authentication.
formal validity of the will (Sec. 625, Act 190; sec. 1, Rule 76, now sec. 1, Rule
75, Rules of Court; Last par. of art. 838, Civil Code). The questions relating to these points remain entirely unaffected, and
may be raised even after the will has been authenticated (Montanano
If you failed to appeal within the reglementary period, the finding that vs. Suesa, 14 Phil. 676 [1909]) "Opposition to the intrinsic validity or
the will is duly executed, authentic, and the testator is of sound mind will legality of the provisions of the Will cannot be entertained in probate
become final and executory. proceeding because its only purpose is merely to determine if the will
has been executed in accordance with the requirements of the law."
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
Probate > notice to creditors > creditors will file claims > executor will take
(Palacios vs. Palacios, 58. O.G, 220)|||(Maninang v. Court of Appeals, G.R. charge (letters testamentary, if no executory, administrator (letters of
No. L-57848, [June 19, 1982], 199 PHIL 640-649) administration > settlement of net estate > deliver legacy, device > heirs:
project of partition > heirs will comment > if you want to oppose, you file
your opposition based on the project of partition (this must be raised during
Take note of Sec. 9, Rule 76 (Grounds for Disallowing a Will)
the hearing of project of partition)

Ex. If your ground to oppose is not among the grounds for disallowance
under Art. 839, you can argue that there was undue influence. PRESUMPTION OF UNDUE INFLUENCE WHERE BENEFICIARY PARTICIPATES
IN DRAFTING OF THE WILL DOES NOT APPLY IN INSTANT CASE. —
EXCEPTION TO THE RULE ON THE LIMITED NATURE OF PROBATE COURT’S Appellants invoke a presumption of undue influence held to exist by
JURISDICTION American authorities where the beneficiary participates in the drafting or
execution of the will favoring him; but since the will was prepared by Atty.
We see no useful purpose that would be served if we remand the nullified Pascual, although a nephew of the proponent, we do not think the
provision to the proper court in a separate action for that purpose simply presumption applies; for in the normal course of events, said attorney
because, in the probate of a will, the court does not ordinarily look into would follow the instructions of the testatrix; and a member of the bar in
the intrinsic validity of its provisions. good standing may not be convicted of unprofessional conduct, or of
having conspired to falsify a testament, except upon clear proof.
Article 739 of the Civil Code provides: (Pascual v. De la Cruz, G.R. No. L-24819, [May 30, 1969], 138 PHIL 446-456)

"The following donations shall be void:

REQUIREMENTS FOR PROBATE OF HOLOGRAPHIC WILL
(1)​ Those​ made​ between ​ persons​ who​ were​
guilty​ of​ adultery​ or concubinage at the time of Art. 811. In the probate of a holographic will, it shall be necessary that at
the donation; least one witness who knows the handwriting and signature of the
testator explicitly declare that the will and the signature are in the
Article 1028 of the Civil Code provides: handwriting of the testator. If the will is contested, at least three of such
"The prohibitions​ mentioned in Article 739, concerning donations inter witnesses shall be required.
vivos shall apply to testamentary provisions."
In the absence of any competent witness referred to in the preceding
In Article III of the disputed Will, executed on August 15, 1968, or almost six paragraph, and if the court deem it necessary, expert testimony may be
years before the testator's death on July 16, 1974, Martin Jugo stated that resorted to. (619a)
respondent Rufina Gomez was his legal wife from whom he had been
estranged "for so many years." He also declared that respondents What witnesses will testify
Carmelita Jugo and Oscar Jugo were his legitimate children. In Article IV,
he stated that he had been living as man and wife with the petitioner Notarial - circumstances surrounding the making of the will
since 1952. Testator Jugo declared that the petitioner was entitled to his Holographic - signature and handwritten, an ordinary witness can testify as
love and affection. He stated that Nepomuceno represented Jugo as her long as she is sufficiently familiar with the signature
own husband but "in truth and in fact, as well as in the eyes of the law, I
could not bind her to me in the holy bonds of matrimony because of my Notarial - if no copy pwede pa ma probate as long as naa testimonies
Holographic - if no copy at all, cannot be probated exc if naa photocopy
aforementioned previous marriage.” (Nepomuceno v. Court of Appeals,
G.R. No. L-62952, [October 9, 1985], 223 PHIL 418-429)
HOLOGRAPHIC WILLS; PROBATE OF; EXECUTION AND CONTENTS OF WILL,
HOW PROVED
DISALLOWANCE OF WILLS
The execution and the contents of a lost or destroyed holographic will
Art. 839. The will shall be disallowed in any of the following cases: may not be proved by the bare testimony of witnesses who have seen
and/or read such will. The will itself must be presented; otherwise, it shall
(1)​ If the formalities required by law have not been complied with; produce no effect. The law regards the document itself as material proof
(2)​ If the testator was insane, or otherwise mentally incapable of of authenticity. (Gan v. Yap, G.R. No. L-12190, [August 30, 1958], 104 PHIL
making a will, at the time of its execution; 509-522)
(3)​ If it was executed through force or under duress, or the
influence of fear, or threats;
(4)​ IIf it was procured by undue and improper pressure and PHOTOSTATIC COPY OR XEROX COPY MAY BE ALLOWED
influence, on the part of the beneficiary or of some other
person; A photostatic copy or xerox copy of the holographic will may be allowed
(5)​ If the signature of the testator was procured by fraud; because comparison can be made with the standard writings of the
(6)​ If the testator acted by mistake or did not intend that the testator. In the case of Gan vs. Yap, 104 Phil. 509, the Court ruled that "the
instrument he signed should be his will at the time of affixing execution and the contents of a lost or destroyed holographic will may
his signature thereto. not be proved by the bare testimony of witnesses who have seen and/or
read such will. The will itself must be presented; otherwise, it shall
These are grounds usually used when you oppose the probate of a will in produce no effect. The law regards the document itself as material proof
an initial proceeding of authenticity." But, in Footnote 8 of said decision, it says that "Perhaps it
-​ Raise this in a partition proceeding may be proved by a photographic or photostatic copy. Even a
mimeographed or carbon copy; or by other similar means, if any,
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
whereby the authenticity of the handwriting of the deceased may be
exhibited and tested before the probate court." (In Re: Bonilla v. Aranza, Art. 842. One who has no compulsory heirs may dispose by will of all his
G.R. No. L-58509, [December 7, 1982], 204 PHIL 402-407) estate or any part of it in favor of any person having capacity to
succeed.

WILLS AND LAST TESTAMENT; HOLOGRAPHIC WILL; PROBATE OF; One who has compulsory heirs may dispose of his estate provided he
REQUISITE AS TO NUMBER OF WITNESSES does not contravene the provisions of this Code with regard to the
legitime of said heirs. (763a)
Since the authenticity of the holographic will was not contested,
proponent was not required to produce more than one witness; but even
Ex. You would want to bequeath something to an organization. Are you
if the genuineness of the holographic will were contested, Article 811 of
capacitated to inherit? No. Because you don’t have any legal personality
our present Civil Code cannot be interpreted as to require the
separate and distinct as a member.
compulsory presentation of three witnesses to identify the handwriting of
If you have no compulsory heir, you can dispose of your free portion in any
the testator, under penalty of having the probate denied. Since no
manner that you like as long as the recipient is capacitated to succeed.
witness may have been present at the execution of a holographic will,
none being required by law, it becomes obvious that the existence of
TN: If you’re single and you don’t have a child, under intestate heir, the
witnesses possessing the requisite qualifications is a matter beyond the
sibling will inherit since he is a legal heir (not compulsory). What if he
control of the proponent. (Azaola v. Singson, G.R. No. L-14003, [August 5,
bequeathed it to a total stranger, can he object? No, testate prevails over
1960], 109 PHIL 102-108)
intestacy.

NOTARIAL - if uncontested (1 witness), if contested - all subscribing MANNER OF DESIGNATING AN HEIR

witnesses and the notary public
ARTICLE 843. The testator shall designate the heir by his name and
HOLOGRAPHIC - if uncontested (1 witness), if contested - 3 witnesses surname, and when there are two persons having the same names, he
shall indicate some circumstance by which the instituted heir may be
known.
PROBATE OF HOLOGRAPHIC WILL;
THREE WITNESSES REQUIRED FOR A CONTESTED HOLOGRAPHIC WILL IS
Even though the testator may have omitted the name of the heir, should
MANDATORY
he designate him in such manner that there can be no doubt as to who
has been instituted, the institution shall be valid.
In this petition, the petitioners ask whether the provisions of Article 811 of
the Civil Code are permissive or mandatory. The article provides, as a
requirement for the probate of a contested holographic will, that at least “To my child who is the future lawyer” - that is allowed if you’re the only one
three witnesses explicitly declare that the signature in the will is the referred to. You don’t have to be identified. But if you cannot be identified,
genuine signature of the testator. We are convinced, based on the
language used, that Article 811 of the Civil Code is mandatory. The word Must be related with this provision:
"shall" in a statute commonly denotes an imperative obligation and is
inconsistent with the idea of discretion and that the presumption is that Art. 789. When there is an imperfect description, or when no person or
the word "shall," when used in a statute is mandatory. (Codoy v. Calugay, property exactly answers the description, mistakes and omissions must be
G.R. No. 123486, [August 12, 1999], 371 PHIL 260-280) corrected, if the error appears from the context of the will or from extrinsic
evidence, excluding the oral declarations of the testator as to his intention;
and when an uncertainty arises upon the face of the will, as to the
MODULE 9 application of any of its provisions, the testator's intention is to be
INSTITUTION OF HEIRS, KINDS OF INSTITUTION, and SUBSTITUTION OF ascertained from the words of the will, taking into consideration the
HEIRS circumstances under which it was made, excluding such oral declarations.

Ex. Kita ka ug note na gisuwat sa imo Papa na ako ang gi refer to. Then
INSTITUTION OF HEIR that’s an extrinsic aspect, pwede na ma use. But if you only say, “Ako mana
gi mean ni Papa”, that’s not allowed because that’s an oral declaration.
Art. 840. Institution of heir is an act by virtue of which a testator
designates in his will the person or persons who are to succeed him in his
DISPOSITION IN FAVOR OF AN UNKNOWN PERSON
property and transmissible rights and obligations.

ARTICLE 845. Every disposition in favor of an unknown person shall be

Art. 785. The duration or efficacy of the designation of heirs, devisees or
void, unless by some event or circumstance his identity becomes
legatees, or the determination of the portions which they are to take,
certain. However, a disposition in favor of a definite class or group of
when referred to by name, cannot be left to the discretion of a third
persons shall be valid.
person.

Ex. “The victims of fire in Alaska, Mambaling which happened on blah” that’s
Institution pertains to the free disposable portion of the testator.
valid even if not individually made.

NATURE OF THE POWER TO MAKE AN INSTITUTION OF HEIR and ITS

PRINCIPLE OF EQUALITY
LIMITATIONS
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
sa Bar.
ARTICLE 846. Heirs instituted without designation of shares shall inherit in
equal parts. (765)|||
That will only disregard the disposition, not invalidate. Because we give
primacy to the intention of the testator.
“I institute my children, A, B, C and D as sole heirs of the estate.” That is
allowed, divided equally.
SHARE IN THE INSTITUTION RULE No. 1

DIFFERENT RULE IN INTESTATE SUCCESSION ARTICLE 851. If the testator has instituted only one heir, and the institution
is limited to an aliquot part of the inheritance, legal succession takes
ARTICLE 1006. Should brothers and sisters of the full blood survive place with respect to the remainder of the estate.
together with brothers and sisters of the half blood, the former shall be
entitled to a share double that of the latter. (949)||| The same rule applies, if the testator has instituted several heirs each
being limited to an aliquot part, and all the parts do not cover the whole
inheritance. (n)
RULE IN TESTATE SUCCESSION

ARTICLE 848. If the testator should institute his brothers and sisters, and RULE No. 2
he has some of full blood and others of half blood, the inheritance shall
be distributed equally unless a different intention appears. (770a)||| Intention of testator is “ALL THE INSTITUTED HEIRS SHOULD BECOME SOLE
HEIRS”

Compare this with Art. 1006 [Exam] 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,
RULE OF INDIVIDUALITY IN INSTITUTION 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
ARTICLE 847. When the testator institutes some heirs individually and whole inheritance, or the whole free portion, each part shall be increased
others collectively as when he says, "I designate as my heirs A and B, proportionally.
and the children of C," those collectively designated shall be considered
as individually instituted, unless it clearly appears that the intention of TN: Rule No. 2 and 3
the testator was otherwise. |||

RULE No. 3
[Exam]
ARTICLE 853. If each of the instituted heirs has been given an aliquot part
If 10 ang children, all in all 12. Applies only if testate. So, dapat individually of the inheritance, and the parts together exceed the whole inheritance,
instituted. or the whole free portion, as the case may be, each part shall be reduced
proportionally. (n)|||
If intestate = ex. A is the Papa, B is the sibling of your father as well as C.
Walay will gibilin imo lolo. Si C una namatay. Ang children ni C maka inherit
ba? Yes, by way of right of representation. How much? The share of C will be
EFFECT WHEN THERE IS PREDECEASE, REPUDIATION (Note: This pertains to
divided among his children.
the free and disposable portion)

RULE OF SIMULTANEOUS INSTITUTION ARTICLE 956. If the legatee or devisee cannot or is unwilling to accept the
legacy or devise, or if the legacy or devise for any reason should become
When the testator calls to the succession a person and his children they ineffective, it shall be merged into the mass of the estate, except in cases
are all deemed to have been instituted simultaneously and not of substitution and of the right of accretion. (888a)|||
successively.

“No one shall be compelled to accept generosity from another”.

Ex. Ako Lolo instituted as heir mga anak ni M and M himself. Pwede muingon
si M na since he's still alive, magpaabot sla na mamatay sya before they If the legatee or devisee (ex. stranger) died ahead, the heirs of the former
can inherit. Can he do that? No. and latter cannot say that they are entitled to inherit. But if compulsory, the
heirs have the right to ask by right of representation equivalent to the
portion of the legitime, not the disposable free portion.
EFFECT OF A FALSE CAUSE FOR THE INSTITUTION OF AN HEIR
“Merge with mass of the estate” - mabalik sa common
Art. 850. The statement of a false cause for the institution of an heir shall
be considered as not written, unless it appears from the will that the END OF MIDTERMS
testator would not have made such institution if he had known the falsity
of such cause. (767a)
RATIONALE: This is a gratuitous disposition

“I institute my cousin as lawful heir because he’s fulfilling my dream as a

lawyer.” But it turns out wala diay sya ni human ug skwela/ wala ka pasar
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​

ARTICLE 875. Any disposition made upon the condition that the heir shall
make some provision in his will in favor of the testator or of any other
person shall be void. (794a)||

CONDITIONAL DISPOSITION
CASUAL OR MIXED CONDITION

ARTICLE 877. If the condition is casual or mixed, it shall be sufficient if it

happen or be fulfilled at any time before or after the death of the
testator, unless he has provided otherwise.

Should it have existed or should it have been fulfilled at the time the will
was executed and the testator was unaware thereof, it shall be deemed
as complied with.

If he had knowledge thereof, the condition shall be considered fulfilled

only when it is of such a nature that it can no longer exist or be complied
with again. (796)

TN: This statement does not apply with the legitimes

If an impossible or illegal condition is attached, that makes the condition

void.

Since it is a gratuitous condition, all these illegal/unlawful conditions will just

be simply disregarded. It is not automatically invalid.

POSITIVE POTESTATIVE CONDITION

ARTICLE 876. Any purely potestative condition imposed upon an heir

must be fulfilled by him as soon as he learns of the testator's death.

KINDS OF INSTITUTION This rule shall not apply when the condition, already complied with,
cannot be fulfilled again. (795a)
ARTICLE 777. The rights to the succession are transmitted from the
moment of the death of the decedent.||| NEGATIVE POTESTATIVE CONDITION [EXAM]

CONDITIONAL INSTITUTION, MODAL INSTITUTION ARTICLE 879. If the potestative condition imposed upon the heir is
negative, or consists in not doing or not giving something, he shall
ARTICLE 871. The institution of an heir may be made conditionally, or for a comply by giving a security that he will not do or give that which has
certain purpose or cause. been prohibited by the testator, and that in case of contravention he will
return whatever he may have received, together with its fruits and
interests. (800a)
KINDS OF INOPERATIVE CONDITIONS
The security is known as “Caucion Muciana”
ARTICLE 872. The testator cannot impose any charge, condition, or
substitution whatsoever upon the legitimes prescribed in this Code.
Should he do so, the same shall be considered as not imposed. (813a) This condition is dependent upon the will of the heir.

ARTICLE 873. Impossible conditions and those contrary to law or good Negative - the heir is not supposed to do something
customs shall be considered as not imposed and shall in no manner
prejudice the heir, even if the testator should otherwise provide. (792a) -​ If you’re an heir under this condition. Upon the death of the
testator, you can demand for the inheritance as long as you
ARTICLE 874. An absolute condition not to contract a first or subsequent comply by giving security
marriage shall be considered as not written unless such condition has
been imposed on the widow or widower by the deceased spouse, or by SUSPENSIVE CONDITION ESTATE BE PLACED UNDER ADMINISTRATION
the latter's ascendants or descendants.
||| (Civil Code of the Philippines, Republic Act No. 386, [June 18, 1949]) ARTICLE 880. If the heir be instituted under a suspensive condition or
term, the estate shall be placed under administration until the condition
is fulfilled, or until it becomes certain that it cannot be fulfilled, or until the
DISPOSICION CAPTATORIA arrival of the term.
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​

SUSPENSIVE TERM; RIGHT OF INSTITUTED HEIR PENDING ARRIVAL OF THE The institution of an heir in the manner prescribed in Article 882 is what is
TERM known in the law of succession as an institucion sub modo or a modal
institution. In a modal institution, the testator states (1) the object of the
ARTICLE 878. A disposition with a suspensive term does not prevent the institution, (2) the purpose or application of the property left by the
instituted heir from acquiring his rights and transmitting them to his heirs testator, or (3) the charge imposed by the testator upon the heir. A
even before the arrival of the term. "mode" imposes an obligation upon the heir or legatee but it does not
affect the efficacy of his rights to the succession. On the other hand, in a
2ND PAR. OF ARTICLE 805 conditional testamentary disposition, the condition must happen or be
fulfilled in order for the heir to be entitled to succeed the testator. The
In both cases, the legal heir shall be considered as called to the condition suspends but does not obligate; and the mode obligates but
succession until the arrival of the period or its expiration. But in the first does not suspend. To some extend, it is similar to a resolutory
case he shall not enter into possession of the property until after having condition.||| (Rabadilla v. Court of Appeals, G.R. No. 113725, [June 29,
given sufficient security, with the intervention of the instituted heir. 2000], 390 PHIL 11-36)
(805)|||

MODE OF COMPLIANCE
Art. 885 applies to a condition with a term
Art. 880 applies to a suspensive condition
ARTICLE 883. When without the fault of the heir, an institution referred to
in the preceding article cannot take effect in the exact manner stated by
Ex. G’s father has a legacy in favor of his friend with a suspensive condition.
the testator, it shall be complied with in a manner most analogous to
If we apply 880, at the time that it has not been fulfilled yet, the
and in conformity with his wishes.
administrator will hold it. If we apply 885, the one who will hold the property
is 885.
If the person interested in the condition should prevent its fulfillment,
without the fault of the heir, the condition shall be deemed to have been
EFFECT OF FULFILLMENT OF CONDITION complied with. (798a)

ARTICLE 885. The designation of the day or time when the effects of the ||| (Civil Code of the Philippines, Republic Act No. 386, [June 18, 1949])
institution of an heir shall commence or cease shall be valid.
In both cases, the legal heir shall be considered as called to the
succession until the arrival of the period or its expiration. But in the first PRETERITION
case he shall not enter into possession of the property until after having
given sufficient security, with the intervention of the instituted heir. (805) Art. 854. The preterition or omission of one, some, or all of the
compulsory heirs in the direct line, whether living at the time of the
execution of the will or born after the death of the testator, shall annul
MODAL INSTITUTION the institution of heir; but the devises and legacies shall be valid insofar
as they are not inofficious.
ARTICLE 882. The statement of the object of the institution, or the
application of the property left by the testator, or the charge imposed by If the omitted compulsory heirs should die before the testator, the
him, shall not be considered as a condition unless it appears that such institution shall be effectual, without prejudice to the right of
was his intention. representation.

That which has been left in this manner may be claimed at once
TN: an illegitimate child is a compulsory heir
provided that the instituted heir or his heirs give security for compliance
with the wishes of the testator and for the return of anything he or they
“Total omission” from the inheritance.
may receive, together with its fruits and interests, if he or they should
disregard this obligation.
Not preterition if naay nadawat during the lifetime.

Ex. G will say that you are a devisee of a parcel of land but then he also said Effect: it is as if there is no will executed
that for 5 years, whatever income that the land will derive, 50% of which will
be given to the church.
PRETERITION MUST BE TOTAL

Here, a testator states 3 things:

Preterition consists in the omission of a compulsory heir from the will,
1.​ Object of the institution
either because he is not named or, although he is named as a father,
2.​ Application of the property
son, etc., he is neither instituted as an heir nor assigned any part of the
3.​ Charge imposed by the testator
estate without expressly being disinherited — tacitly depriving the heir of
his legitime. 5
In case of contravention, it may be claimed at once.

Preterition requires that the omission is total, meaning the heir did not
also receive any legacies, devises, or advances on his legitime. 6|||
MODAL INSTITUTION VS. CONDITIONAL INSTITUTION (Morales v. Olondriz, G.R. No. 198994, [February 3, 2016], 780 PHIL 317-326)

Modal Institution is similar to a Resolutory Condition to some extent

BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
EFFECT OF PRETERITION legacies.

Under the Civil Code, the preterition of a compulsory heir in the direct line In ineffective disinheritance under Article 918 of the same Code, such
shall annul the institution of heirs, but the devises and legacies shall disinheritance shall also "annul the institution of heirs," but only "insofar
remain valid insofar as the legitimes are not impaired. Consequently, if a as it may prejudice the person disinherited," which last phrase was
will does not institute any devisees or legatees, the preterition of a omitted in the case of preterition. (III Tolentino, Civil Code of the
compulsory heir in the direct line will result in total intestacy. Philippines, 1961. Edition, p. 172.) Better stated yet, in disinheritance the
nullity is limited to that portion of the estate of which the disinherited
In the present case, the decedent's will evidently omitted Francisco heirs have been illegally deprived. (Nuguid v. Nuguid, G.R. No. L-23445,
Olondriz as an heir, legatee, or devisee. As the decedent's illegitimate [June 23, 1966], 123 PHIL 1305-1317)
son, Francisco is a compulsory heir in the direct line. Unless Morales
could show otherwise, Francisco's omission from the will leads to the
conclusion of his preterition. (Morales v. Olondriz, G.R. No. 198994, SUBSTITUTION OF HEIRS
[February 3, 2016], 780 PHIL 317-326)
ARTICLE 857. Substitution is the appointment of another heir so that he
may enter into the inheritance in default of the heir originally instituted.
FOR PRETERITION TO ARISE, THERE MUST BE A WILL (n)

In the case at bar, Don Julian did not execute a will since what he ARTICLE 858. Substitution of heirs may be:
resorted to was a partition inter vivos of his properties, as evidenced by
the court approved Compromise Agreement. Thus, it is premature if not (1)​ Simple or common;
irrelevant to speak of preterition prior to the death of Don Julian in the
absence of a will depriving a legal heir of his legitime.||| (J.L.T. Agro Inc. v. (2)​ Brief or compendious;
Balansag, G.R. No. 141882, [March 11, 2005], 493 PHIL 365-390)
(3)​ Reciprocal; or

PRETERITION DISTINGUISHED FROM DISINHERITANCE (4)​ Fideicommissary. (n)

Preterition "consists in the omission in the testator's will of the forced heirs
Substitution must be placed in the will. If no indication, the effect is
or anyone of them, either because they are not mentioned therein, or,
intestacy.
though mentioned, they are neither instituted as heirs nor are expressly
disinherited." (Neri, et al. vs. Akutin, at al., 72 Phil., p. 325.)
SIMPLE SUBSTITUTION
Disinheritance; in turn, "is a testamentary disposition depriving any
compulsory heir of heir share in the legitime for a cause authorized by ARTICLE 859. The testator may designate one or more persons to
law." (Justice J.B.L. Reyes and R.C. Puno, "An Outline of Philippine Civil Law," 1.​ substitute the heir or heirs instituted in case such heir or heirs
1956 ed., Vol. III, p. 8, citing cases.) 2.​ should die before him, or should not wish, or
3.​ should be incapacitated to accept the inheritance.
Disinheritance is always "voluntary"; preterition upon the other hand, is
presumed to be "involuntary." (Sanchez Roman, Estudios de Derecho A simple substitution, without a statement of the cases to which it refers,
Civil, 2nd edition, Volume 20, p. 1131.) (Nuguid v. Nuguid, G.R. No. L-23445, shall comprise the three mentioned in the preceding paragraph, unless
[June 23, 1966], 123 PHIL 1305-1317) the testator has otherwise provided. (774)

P - governed by Art. 854 Under substitutions in general, the testator may either
Effect: shall annul the institution of heir
1.​ provide for the designation of another heir to whom the property
D - governed by Art. 918 shall pass in case the original heir should die before him/her,
Effect: shall annul the institution of heirs insofar as it may prejudice the renounce the inheritance or be incapacitated to inherit, as in a
person disinherited simple substitution
2.​ Leave his/her property to one person with the express charge that
Ex. Testator says na kini ako anak gapauwaw rani nako, sge ra take ug bar it be transmitted subsequently to another or others, as in a
walay pasar2. Not a valid ground. It makes it as an ineffective fideicommissary substitution.
disinheritance. a.​ Here, the 2 heirs inherit together but that doesn’t mean
that the 2nd heir demands for the estate of the
Ang makuha ra ky iya legitime, the rest of the estate under the disposable inheritance.
free portion ky dli na niya makuha.

EFFECT WHEN THERE IS SUBSTITUTION OF HEIRS

EFFECTS FLOWING FROM PRETERITION AND DISINHERITANCE
ARTICLE 860. Two or more persons may be substituted for one; and one
The effects flowing from preterition are totally different from those of person for two or more heirs. (778)
disinheritance. Preterition under Article 854 of the Civil Code "shall annul
the institution of heir. "This annulment is in toto, unless in the will there ARTICLE 861. If heirs instituted in unequal shares should be reciprocally
are, in addition, testamentary dispositions in the form of devises or substituted, the substitute shall acquire the share of the heir who dies,
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
renounces, or is incapacitated, unless it clearly appears that the will, there is no fideicommissary substitution."
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 Also, the near descendants' right to inherit from the testatrix is not
institution. (779a) definite. The property will only pass to them should Dr. Jorge Rabadilla or
his heirs not fulfill the obligation to deliver part of the usufruct to private
ARTICLE 862. The substitute shall be subject to the same charges and respondent. Another important element of a fideicommissary
conditions imposed upon the instituted heir, unless the testator has substitution is also missing here. Under Article 863, the second heir or the
expressly provided the contrary, or the charges or conditions are fideicommissary to whom the property is transmitted must not be
personally applicable only to the heir instituted. (780) beyond one degree from the first heir or the fiduciary. A fideicommissary
substitution is therefore, void if the first heir is not related by first degree
to the second heir. In the case under scrutiny, the near descendants are
FIDEICOMMISSARY SUBSTITUTION not at all related to the instituted heir, Dr. Jorge Rabadilla. (Rabadilla v.
Court of Appeals, G.R. No. 113725, [June 29, 2000], 390 PHIL 11-36)
ARTICLE 863. A fideicommissary substitution by virtue of which the
fiduciary or first heir instituted is entrusted with the obligation to preserve
and to transmit to a second heir the whole or part of the inheritance, RIGHT OF THE SECOND HEIR (FIDEICOMMISSARY HEIR)
shall be valid and shall take effect, provided such substitution does not
go beyond one degree from the heir originally instituted, and provided ARTICLE 866. The second heir shall acquire a right to the succession from
further, that the fiduciary or first heir and the second heir are living at the the time of the testator's death, even though he should die before the
time of the death of the testator. fiduciary. The right of the second heir shall pass to his heirs. |||

ARTICLE 864. A fideicommissary substitution can never burden the

legitime. NO FIDEICOMMISSARY SUBSTITUTION

ARTICLE 867. The following shall not take effect:

It is indispensable na dapat buhi ang duha ka heirs pagka buhat sa will. If
either of the heirs dies, there’s no fideicommissary. Only a different
(1)​ Fideicommissary substitutions which are not made in an
substitution.
express manner, either by giving them this name, or
imposing upon the fiduciary the absolute obligation to
PURPOSE OF FIDEICOMMISSARY SUBSTITUTION deliver the property to a second heir;

It is of the essence of a fideicommissary substitution that an obligation (2)​ Provisions which contain a perpetual prohibition to alienate,
be clearly imposed upon the first heir to preserve and transmit to and even a temporary one, beyond the limit fixed in article
another the whole or part of the estate bequeathed to him, upon his 863;
death or upon the happening of a particular event. (De Crisologo v.
Singson, G.R. No. L-13876, [February 28, 1962], 114 PHIL 410-415) (3)​ Those which impose upon the heir the charge of paying to
various persons successively, beyond the limit prescribed in
article 863, a certain income or pension;
ESSENTIAL REQUISITE OF FIDEICOMMISSARY SUBSTITUTION
(4)​ Those which leave to a person the whole or part of the
ARTICLE 865. Every fideicommissary substitution must be expressly hereditary property in order that he may apply or invest the
made in order that it may be valid. same according to secret instructions communicated to him
by the testator. (785a)
The fiduciary shall be obliged to deliver the inheritance to the second
heir, without other deductions than those which arise from legitimate
expenses, credits and improvements, save in the case where the testator EFFECT WHEN FIDEICOMMISSARY SUBSTITUTION IS NULL
has provided otherwise. (783)
ARTICLE 868. The nullity of the fideicommissary substitution does not
prejudice the validity of the institution of the heirs first designated; the
FIDEICOMMISSARY SUBSTITUTION DIFFERENT FROM CODICIL; CASE AT fideicommissary clause shall simply be considered as not written. (786)
BAR. —
ARTICLE 869. A provision whereby the testator leaves to a person the
NO OBLIGATION TO PRESERVE whole or part of the inheritance, and to another the usufruct, shall be
valid. If he gives the usufruct to various persons, not simultaneously, but
Neither is there a fideicommissary substitution here and on this point, successively, the provisions of article 863 shall apply. (787a)
petitioner is correct. In a fideicommissary substitution, the first heir is
strictly mandated to preserve the property and to transmit the same ARTICLE 870. The dispositions of the testator declaring all or part of the
later to the second heir. In the case under consideration, the instituted estate inalienable for more than twenty years are void.
heir is in fact allowed under the Codicil to alienate the property provided
the negotiation is with the near descendants or the sister of the testatrix.
Thus, a very important element of a fideicommissary substitution is MODULE 9
lacking; the obligation clearly imposing upon the first heir the LEGITIME AND RESERVA TRONCAL
preservation of the property and its transmission to the second heir.
"Without this obligation to preserve clearly imposed by the testator in his
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
LEGITIME
(3)​ The widow or widower;
Art. 886. Legitime is that part of the testator's property which he cannot
dispose of because the law has reserved it for certain heirs who are, (4)​ Acknowledged natural children, and natural children by legal
therefore, called compulsory heirs. (806) fiction;

CONCEPT OF LEGITIME (5)​ Other​ illegitimate​ children​ referred​ to​

in Article 287.
Compulsory succession is a distinct kind of succession, albeit not
categorized as such in Article 778 of the Civil Code. It reserves a portion
of the net estate of the decedent in favor of certain heirs, or group of WHO CONCURS AND WHO EXCLUDES [ANOTHER HEIR]
heirs, or combination of heirs, prevailing over all kinds of succession. The
portion that is so reserved is the legitime. Article 886 of the Civil Code Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by those
defines legitime as "that part of the testator's property which he cannot in Nos. 1 and 2; neither do they exclude one another.
dispose of because the law has reserved it for certain heirs who are, In all cases of illegitimate children, their filiation must be duly proved.
therefore, called compulsory heirs." (Raymundo v. Vda. de Suarez, G.R. No.
149017, [November 28, 2008], 593 PHIL 28- 57) The father or mother of illegitimate children of the three classes
mentioned, shall inherit from them in the manner and to the extent
established by this Code. (807a)
LIMITATION ON THE POWER TO MAKE AN INSTITUTION OF HEIR

Who can concur?

Article 842. One who has no compulsory heirs may dispose by will of all
1.​ Parents and spouse
his estate or any part of it in favor of any person having capacity to
2.​ Spouse and illegitimate children
succeed.

One who has compulsory heirs may dispose of his estate provided he An adopted child is also a compulsory heir
does not contravene the provisions of this Code with regard to the
legitime of said heirs. (763a) “Under Article 39 of P.D. No. 603, known as the Child and Youth Welfare
Code, adoption gives to the adopted person the same rights and duties
as if he were a legitimate child of the adopter and makes the adopted
EVEN IF WILL IS EXTRINSICALLY VALID, THE WILL MAY BE SET ASIDE IF THERE person a legal heir of the adopter. It cannot be denied that she was
IS IMPAIRMENT OF LEGITIME totally omitted and preterited in the will of the testator and that both
adopted child and the widow were deprived of at least their legitime.
Thus, it does not necessarily follow that an extrinsically valid last will and Neither can it be denied that they were not expressly disinherited. Hence,
testament is always intrinsically valid. this is a clear case of preterition of the legally adopted child.||| (Acain v.
Intermediate Appellate Court, G.R. No. 72706, [October 27, 1987], 239 PHIL
Even if the will was validly executed, if the testator provides for 96-108)
dispositions that deprives or impairs the lawful heirs of their legitime or
rightful inheritance according to the laws on succession, the unlawful
provisions/dispositions thereof cannot be given effect. (Dorotheo v. Court RELATIONSHIP BY ADOPTION
of Appeals, G.R. No. 108581, [December 8, 1999], 377 PHIL 851-862)
[NOTE: Section 41, R.A. 11642 [approved January 6, 2022], otherwise known
as Administrative Adoption and Alternative Child Care Act, viz:
RIGHT OF A COMPULSORY HEIR WHO​ RECEIVES A LEGITIME LESS THAN
WHAT HE IS ENTITLED TO Section 41. Legitimacy. – the adoptee shall be considered the legitimate
child of the adopter for all intents and purposes and as such is entitled to
ARTICLE 906. Any compulsory heir to whom the testator has left by any all the rights and obligations provided by law to legitimate children born
title less than the legitime belonging to him may demand that the same to them without discrimination of any kind. To this end, the adoptee is
be fully satisfied. entitled to love, guidance, and support in keeping with the means of the
family. The legitimate filiation that is created between the adopter and
ARTICLE 907. Testamentary dispositions that impair or diminish the adoptee shall be extended to the adopter’s parents, adopter’s legitimate
legitime of the compulsory heirs shall be reduced on petition of the siblings, and legitimate descendants.
same, insofar as they may be inofficious or excessive. (817)||I
A son-in-law is not a compulsory heir of his parents-in-law

WHO ARE THE HEIRS ENTITLED TO THE LEGITIME “The aforesaid provision of law refers to the estate of the deceased
spouse in which case the surviving spouse (widow or widower) is a
Art. 887. The following are compulsory heirs: compulsory heir. It does not apply to the estate of a parent-in-law.

(1)​ Legitimate children and descendants, with respect to their Indeed, the surviving spouse is considered a third person as regards the
legitimate parents and ascendants; estate of the parent-in-law. (Intestate Estate of Rosales v. Rosales, G.R.
No. L- 40789, [February 27, 1987], 232 PHIL 73-80)
(2)​ In default of the foregoing, legitimate parents and ascendants,
with respect to their legitimate children and descendants; “Petitioner, a son-in-law of Rafael, is not one of Rafael's compulsory heirs.
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
Article 887 of the Civil Code is clear on this point. With respect to Rafael's title less than the legitime belonging to him may demand that the same
estate, therefore, petitioner who was not even shown to be a creditor of be fully satisfied. (815)
Rafael is considered a third person or a stranger. As such, petitioner may
not be dragged into the intestate estate proceeding. Neither may he be ARTICLE 907. Testamentary dispositions that impair or diminish the
permitted or allowed to intervene as he has no personality or interest in legitime of the compulsory heirs shall be reduced on petition of the
the said proceeding, which petitioner correctly argued in his same, insofar as they may be inofficious or excessive. (817)
manifestation.” (Vizconde v. Court of Appeals, G.R. No. 118449, [February 11,
1998], 349 PHIL 883-897)
DETERMINATION AND COMPUTATION OF LEGITIME How to compute the
legitime
SUMMARY OF RULES ON LEGITIME

If the survivor is: ARTICLE 908. To determine the legitime, the value of the property left at
the death of the testator shall be considered, deducting all debts and
●​ Legitimate children: 1/2 of the estate, divided among charges, which shall not include those imposed in the will.
themselves in equal portions
●​ Legitimate parents: same To the net value of the hereditary estate, shall be added the value of all
●​ Illegitimate parents: same donations by the testator that are subject to collation, at the time he
●​ Surviving spouse: same, but if the marriage was in articulo made them.
mortis 1/3 and 1/2 if living together with the deceased but
celebrated the marriage in articulo mortis
Collation - you will bring back to the estate the value made by the testator
●​ 1 legitimate child and the Surviving Spouse: 1/2 for the child
in his donations or all dispositions by gratuitous title. But if gi sell to sa
and 1/4 for the spouse
imoha, dli mu apply ky onerous title man to.
●​ 2 or more legitimate children and surviving spouse: 1/2 to the
children, to be divided equally and the spouse's share is equal
to the share of 1 child (to be taken from FREE PORTION) DONATIONS MADE BY THE TESTATOR (DURING HIS LIFETIME )TO HIS
●​ 2 or more legitimate children, the surviving spouse and CHILDREN -
illegitimate children: 1/2 for the legitimate children (divided
equally among them,) spouse gets a share equal to 1 ARTICLE 909. Donations given to children shall be charged to their
legitimate child's and each illegitimate child gets a share of legitime.
1/2 of a legitimate child
●​ Legitimate parents and surviving spouse: parents get 1/2, Donations made to strangers shall be charged to that part of the estate
spouse gets ¼ of which the testator could have disposed by his last will.
●​ Illegitimate parents and surviving spouse: both get 1/4 each,
illegitimate parents divide the 1/4 among themselves Insofar as they may be inofficious or may exceed the disposable portion,
●​ Surviving spouse and illegitimate children: both get 1/3 each, they shall be reduced according to the rules established by this Code.
but illegitimate children divide the 1/3 among themselves (819a)
●​ Legitimate parents, illegitimate children and surviving
spouse: parents get 1/2 (to be divided among themselves)
spouse gets 1/8 and illegitimate children get 1/4 (also to be Check Art. 911 and 950
divided among themselves)
Mugawas ni sa exam. Unsa man na provision apply
Mere estrangement of the surviving spouse from the deceased does
not disqualify him/her as an heir of the latter RULE ON RESERVA TRONCAL

“The petitioners therefore acted correctly in settling their obligation with Art. 891. The ascendant who inherits from his descendant any property
Alicia as the widow of Bienvenido and as the natural guardian of their which the latter may have acquired by gratuitous title from another
lone child. This is so even if Alicia had been estranged from Bienvenido. ascendant, or a brother or sister, is obliged to reserve such property as
he may have acquired by operation of law for the benefit of relatives
Mere estrangement is not a legal ground for the disqualification of a who are within the third degree and who belong to the line from which
surviving spouse as an heir of the deceased spouse.” (Baritua v. Court of said property came.
Appeals, G.R. No. 82233, [March 22, 1990], 262 PHIL 618-625)

If you have no heirs, you are called “without issue”

Remember, the share of the legitime can never be less than 50%. If within the family line mu inherit, no reserva troncal

In intestate succession, those who are illegitimate ky mag bahin lng sla sa
ila share. Ang legitime ky ½ jud dapat OBJECTIVE OF RESERVA TRONCAL

Reserva troncal is a special rule designed primarily to assure the return

RIGHT OF A COMPULSORY HEIR WHO RECEIVES A LEGITIME LESS THAN of a reservable property to the third degree relatives belonging to the
WHAT HE IS ENTITLED TO line from which the property originally came, and avoid its being
dissipated into and by the relatives of the inheriting ascendant.
ARTICLE 906. Any compulsory heir to whom the testator has left by any (Mendoza v. Delos Santos, G.R. No. 176422, [March 20, 2013], 707 PHIL
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
69-82) GIVE RISE TO A RESERVA
2.​ IT IS FROM HIM WHERE THE THIRD DEGREE IS COUNTED
3.​ WHILE HE IS ALIVE, THERE IS NO RESERVA YET
THREE LINES OF TRANSMISSION IN RESERVA TRONCAL 4.​ HE MUST BE A LEGITIMATE DESCENDANT (OR, LEGITIMATE
HALF-BROTHER OR HALF-SISTER) OF THE ORIGIN
There are three (3) lines of transmission in reserva troncal.

●​ The first transmission is by gratuitous title, whether by RULES PERTAINING TO RESERVISTA

inheritance or donation, from an ascendant/brother/sister to
a descendant called the prepositus. 1.​ HE IS THE ASCENDANT WHO INHERITS FROM THE PROPOSITUS “BY
●​ The second transmission is by operation of law from the OPERATION OF LAW”
prepositus to the other ascendant or reservor, also called the 2.​ HE IS THE ONE WHO HAS THE OBLIGATION TO RESERVE THE
reservista. PROPERTY HE INHERITED FROM THE PROPOSITUS
●​ The third and last transmission is from the reservista to the 3.​ HE RECEIVES THE PROPERTY FROM THE PROPOSITUS EITHER BY
reservees or reservatarios who must be relatives within the LEGAL SUCCESSION OR ARISING FROM HIS RIGHT OVER THE
third degree from which the property came. (Mendoza v. Delos LEGITIME
Santos, G.R. No. 176422, [March 20, 2013], 707 PHIL 69-82)
The reserved property does not form part of the estate of the reservista

“The contention that an intestacy proceeding is still necessary rests upon

the assumption that the reservatario will succeed in, or inherit, the
reservable property from the reservista. This is not true.

The reservatario is not the reservista's successor mortis causa nor is the
reservable property part of the reservista's estate; the reservatario
receives the property as a conditional heir of the descendant
(prepositus), said property merely reverting to the line of origin from
which it had temporarily and accidentally strayed during the
reservatarios that survive the reservista, the latter must be deemed to
have enjoyed no more than a life interest in the reservable property.
(Cano v.Director of Lands, G.R. No. L-10701, [January 16, 1959], 105 PHIL 1-6)

Mendoza v. Delos Santos: READ

Ex. Your Lolo donates to you a property. Your Lolo is the origin, you are the
propositus. But at this point, wala pay reserva troncal. After your death and The reservor has the legal title and dominion to the reservable property
you have no heirs and spouse, your heir is the surviving ascendant. If the but subject to the resolutory condition that such title is extinguished if the
property comes from your grandfather and your heir is your father, no reservor predeceased the reservee. The reservor is a usufructuary of the
reserve troncal yet. reservable property. He may alienate it subject to the reservation. The
transferee gets the revocable and conditional ownership of the reservor.
This only applies when a property will temporarily stray to another line. Your The transferee's rights are revoked upon the survival of the reservees at
mama is the reservista. Will that property form part of her estate? No. the time of the death of the reservor but become indefeasible
(G.R. No. 176422, [March 20, 2013], 707 PHIL 69-82)
Can she alienate? Yes, but subject to resolutory conditions.
A duty is imposed upon the reservor to annotate the reservable
Dapat ang reservable character of the property must be annotated. character of the property. This is necessary to protect the rights of the
reservatarios.
Dli ka ka adverse claim as the reservatorio bec inchoate pa imong right
upon the death of the reservista. Iya rang right to demand the annotation. We do not agree, however, with the disposition of the appellate court
that there is no need to register the reservable character of the property,
if only for the protection of the reservees, against innocent third persons.
This was suggested as early as the case of Director of Lands v. Aguas,
RULES PERTAINING TO ORIGIN G.R. No. 42737, August 11, 1936, 63 Phil. 279. The main issue submitted for
resolution therein was whether the reservation established by Article 811
●​ MUST BE A LEGITIMATE RELATIVE (now Art. 891 of the New Civil Code) of the Civil Code, for the benefit of
●​ ORIGIN MUST BE AN ASCENDANT OR BROTHER OR SISTER the relatives within the third degree belonging to the line of the
●​ RESERVA TRONCAL EXIST ONLY IN THE LEGITIMATE FAMILY descendant from whom the ascendant reservor received the property,
●​ TRANSMISSION FROM ORIGIN TO PREPOSITUS MUST BE BY should be understood as made in favor of all the relatives within said
GRATUITOUS TITLE degree and belonging to the line above-mentioned, without distinction
legitimate, natural and illegitimate ones not having the legal status of
natural children.(Sumaya v. Intermediate Appellate Court, G.R. Nos.
RULES PERTAINING TO PROPOSITUS 68843-44, [September 2, 1991], 278 PHIL 201-214)

1.​ HE IS THE DESCENDANT (BROTHER OR SISTER) WHOSE DEATH WILL

BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
RULES PERTAINING TO RESERVATARIOS (RESERVEES) conditional heir of the descendant (prepositus), said property merely
reverting to the line of origin from which it had temporarily and
1.​ THEY ARE THE RELATIVES WITHIN THE THIRD DEGREE (FROM THE accidentally strayed during the reservista's lifetime" (J.B.L. Reyes in Cano
PROPOSITUS) vs. Director of Lands, Supra). (Gonzalez v. Court of First Instance of Manila,
2.​ THEY WILL BECOME FULL OWNERS OF THE PROPERTY FROM THE G.R. No. L-34395, [May 19, 1981], 192 PHIL 1-21)
MOMENT THE RESERVISTA (RESERVOR) DIES
3.​ THEY INHERIT NOT FROM THE RESERVISTA BUT FROM THE
PROPOSITUS RIGHT TO COMPEL THE ANNOTATION

The reservee cannot impugn any conveyance made by the reservor but
RELATIVES WITHIN THE THIRD DEGREE he can require that the reservable character of the property be
recognized by the purchaser (Riosa vs. Rocha, 48 Phil. 737; Edroso vs.
Nearer excludes the farther principle applies Sablan 25 Phil. 295, 312-3; Gueco vs. Lacson, 118 Phil. 944). "Even during the
reservista's lifetime, the reservatarios, who are the ultimate acquirers of
RIGHTS OF SUCCESSION. — According to the order of succession the property, can already assert the right to prevent the reservista from
prescribed by law for legitimes, when there are relatives within the third doing anything that might frustrate their revisionary right. and, for this
degree of the deceased descendant, the right of the relative's nearest purpose, they can compel the annotation of their right in the registry of
reservative (reservatario) to the property excludes that of the one more property even while the reservista is alive." (Ley Hipotecaria de Ultramar,
remote. Wherefore the property ought to be handed over to said relative Arts. 168, 199; Edroso vs. Sablan, 25 Phil. 295) (Gonzalez v. Court of First
by the reservist (reservista), without it being possible to allege a right of Instance of Manila, G.R. No. L-34395, [May 19, 1981], 192 PHIL 1-21)
representation when he who attempts the same is not comprehended
within the third degree, among the predecessor-in-interest's relatives.
Inasmuch as the right conceded by the aforementioned article 811 of the IF UPON THE DEATH OF THE RESERVISTA, THERE IS A RESERVATORIO, THE
Civil Code is, in the highest degree, for the personal and exclusive benefit SALE MADE BY THE RESERVISTA WOULD BE WITHOUT EFFECT
of the persons pointed out by law, in no manner can there be included
relatives of the fourth and succeeding degrees, not recognize by law. The sale made by Andrea Gutang in favor of appellees was, therefore,
(Florentino v. Florentino, G.R. No. 14856, [November 15, 1919], 40 subject to the condition that the vendees would definitely acquire
PHIL 480-496) ownership, by virtue of the alienation, only if the vendor died without
being survived by any person entitled to the reservable property.
Inasmuch as when Andrea Gutang died, Cipriano Yaeso was still alive,
RULE OF INTESTACY ALSO APPLIES [AS AMONG THE RESERVATARIOS] the conclusion becomes inescapable that the previous sale made by the
former in favor of appellants became of no legal effect and the
The issue raised is whether, as contended by the plaintiffs-appellees and reservable property subject matter thereof passed in exclusive
ruled by the lower Court, all relatives of the praepositus within the third ownership to Cipriana.​ (Sienes v. Esparcia, G.R. No. L-12957,
degree in the appropriation line succeed without distinction to the [March 24, 1961], 111 PHIL 349-354)
reservable property upon the death of the reservista, as seems to be
implicit in Art. 891 of the Civil Code, or, as asserted by the
defendant-appellant, the rights of said relatives are subject to, and EXTINGUISHMENT OF RESERVA TRONCAL
should be determined by, the rules on intestate succession. That
question has already been answered in Padura vs. Baldovino, where the ●​ Death of all reservatarios. — this is the resolutory​ condition
reservatario was survived by eleven nephews and nieces of the to the title of the reservista and his heirs, hence if there is no
praepositus in the line of origin, four of whole blood and seven of half reservatario, the property stays with the reservista and his or
blood, and the claim was also made that all eleven were entitled to the her heirs;
reversionary property in equal shares. This Court, speaking through Mr. ●​ Death of the reservista. - this is the suspensive condition for
Justice J.B.L. Reyes, declared the principles of intestacy to be controlling, the acquisition of title by the reservatario by operation of law;
and ruled that the nephews and nieces of whole blood were each there is no more reserve because it is already in the hands of
entitled to a share double that of each of the nephews and nieces of half the reservee;
blood in accordance with Article 1006 of the Civil Code.” (De Papa v. ●​ Waiver, refusal, or renunciation by the reservatarios;
Camacho, G.R. No.
L-28032, [September 24, 1986], 228 PHIL 269-279)
PRESCRIPTIVE PERIOD TO RECONVEY BASED ON RESERVA TRONCAL IS
RECKONED FROM THE DEATH OF THE RESERVISTA
Nature of the reservatario’s title
It is claimed that the complaint of petitioners to recover the one-half
The reservee has only an inchoate, expectant or contingent right. His portion of Lot 399 which originally belonged to Juanito Frias Chua has
expectant right would disappear if he predeceased the reservor. It would already prescribed when it was filed on May 11, 1966. We do not believe
become absolute should the reservor predecese the reservee. There is a so. It must be remembered that the petitioners herein are claiming as
holding that renunciation of the reservee's right to the reservable reservees of the property in question and their cause of action as
property is illegal for being a contract regarding future inheritance reservees did not arise until the time the reservor, Consolacion de la
(Velayo Bernardo vs. Siojo, 58 Phil. 89, 96). And there is a dictum that the Torre, died in March 1966. When the petitioners therefore filed their
reservee's right is a real right which he may alienate and dispose of complaint to recover the one-half (1/2) portion of Lot 399, they were very
conditionally. The condition is that the alienation shall transfer ownership much in time to do so (Chua v. Court of First Instance of Negros
to the vendee only if and when the reservee survives the tetervor (Sienes Occidental, Branch V, G.R. No. L-29901, [August 31, 1977], 168 PHIL 571-578)
vs. Esparcia, ill Phil. 349, 353). "The reservatorio receives the property as a
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
MODULE 10 instituted a share in the inheritance. As to him, the will is inexistent. There
DISINHERITANCE, LEGACY AND DEVISE must be, in addition to such institution, a testamentary disposition
granting him bequests or legacies apart and separate from the nullified
institution of heir. ||| (Nuguid v. Nuguid, G.R. No. L-23445, [June 23, 1966],
Art. 915. A compulsory heir may, in consequence of disinheritance, be 123 PHIL 1305-1317)
deprived of his legitime, for causes expressly stated by law. (848a)

Art. 916. Disinheritance can be effected only through a will wherein the DISINHERITANCE OF CHILDREN AND DESCENDANTS
legal cause therefor shall be specified. (849)
Art. 919. The following shall be sufficient causes for the disinheritance of
children and descendants, legitimate as well as illegitimate:
These are indispensable requisites for a valid disinheritance.

(1)​ When a child or descendant has been found guilty of an

REQUISITES FOR A VALID DISINHERITANCE attempt against the life of the testator, his or her spouse,
descendants, or ascendants;
●​ Valid Will
●​ Must be made expressly oMust be for a legal cause oMust be (2)​ When a child or descendant has accused the testator of a
for a true cause crime for which the law prescribes imprisonment for six years
●​ Must be for an existing cause oMust be total and complete or more, if the accusation has been found groundless;
●​ Cause must be stated in the will
●​ The disinherited heir must be clearly identified (3)​ When a child or descendant has been convicted of adultery or
●​ Will must not have been revoked concubinage with the spouse of the testator;

(4)​ When a child or descendant by fraud, violence, intimidation, or

IT IS A CASE OF INEFFECTIVE DISINHERITANCE IF THE REQUISITES ARE NOT undue influence causes the testator to make a will or to
COMPLIED change one already made

Art. 918. Disinheritance without a specification of the cause, or for a (5)​ A refusal without justifiable cause to support the parent or
cause the truth of which, if contradicted, is not proved, or which is not ascendant who disinherits such child or descendant;
one of those set forth in this Code, shall annul the institution of heirs
insofar as it may prejudice the person disinherited; but the devises and (6)​ Maltreatment​ of​ the​ testator​ by​
legacies and other testamentary dispositions shall be valid to such word​ or​ deed,​ by​ the​ child​
extent as will not impair the legitime. (851a) or descendant;

(7)​ When a child or descendant leads a dishonorable or

Preterion vs. Disinheritance disgraceful life;

Preterition "consists in the omission in the testator's will of the forced heirs (8)​ Conviction​ of a​ crime​ which​ carries
or anyone of them, either because the are not mentioned therein, or, with it the​penalty of civil interdiction.
though mentioned, they are neither instituted as heirs nor are expressly
disinherited." (Neri, et al. vs. Akutin, at al.,72 Phil.,p. 325.)
DISINHERITANCE OF PARENTS OR ASCENDANTS
Disinheritance; in turn, "is a testamentary disposition depriving any
compulsory heir of heir share in the legitime for a cause authorized by Art. 920. The following shall be sufficient causes for the disinheritance of
law." (Justice J.B.L. Reyes and R.C. Puno, "An Outline of Philippine Civil Law," parents or ascendants, whether legitimate or illegitimate:
1956 ed.,Vol. III, p. 8, citing cases.) Disinheritance is always
"voluntary";preterition upon the other hand, is presumed to be (1)​ When the parents have abandoned their children or induced
"involuntary." (Sanchez Roman, Estudios de Derecho Civil, 2nd edition, their daughters to live a corrupt or immoral life, or attempted
Volume 20, p. 1131.) (Nuguid v. Nuguid, G.R. No. L-23445, [June 23, 1966], 123 against their virtue;
PHIL 1305-1317)
(2)​ When the parent or ascendant has been convicted of an
attempt against the life of the testator, his or her spouse,
descendants, or ascendants;

(3)​ When the parent or ascendant has accused the testator of a

EFFECT OF INEFFECTIVE DISINHERITANCE, AN INSTITUTION SHOULD NOT BE crime for which the law prescribes imprisonment for six years
AUTOMATICALLY BE DEEMED AS LEGACY OR DEVISE or more, if the accusation has been found to be false;

We should not be led astray by the statement in Article 854 that, (4)​ When the; parent or ascendant has been convicted of
annulment notwithstanding, "the devises and legacies shall be valid adultery or concubinage with the spouse of the testator
insofar as they are not inofficious." Legacies and devises merit
consideration only when they are so expressly given as such in a will. (5)​ When the parent or ascendant by fraud, violence, intimidation,
Nothing in Article 854 suggests that the mere institution of a universal or undue influence causes the testator to make a will or to
heir in a will — void because of preterition — would give the heir so change one already made;
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
DISTINCTION BETWEEN EFFECT OF RECONCILIATION BETWEEN
(6)​ The loss of parental authority for causes specified in this Code; DISINHERITANCE AND INCAPACITY TO SUCCEED BY REASON OF
UNWORTHINESS
(7)​ The refusal to support the children or descendants without
justifiable cause; Art. 922. A subsequent reconciliation between the offender and the
offended person deprives the latter of the right to disinherit, and renders
(8)​ An attempt by one of the parents against the life of the other, ineffectual any disinheritance that may have been made.
unless there has been a reconciliation between them.
ARTICLE 1033. The causes of unworthiness shall be without effect if the
testator had knowledge thereof at the time he made the will, or if, having
known of them subsequently, he should condone them in writing.

MEANING OF ABANDONMENT MAY BE ADOPTED WHAT RULE TO FOLLOW WHEN DISINHERITANCE HAS ALREADY BEEN MADE
ON A GROUND WHICH IS ALSO GROUND FOR INCAPACITY TO INHERIT?
In adoption proceedings abandonment imports "any conduct on the
part of the parent which evinces a settled purpose to forgo all parental ●​ Can be done impliedly
duties and relinquish all parental claims to the child". It means "neglect ●​ Rationale: Incapacity by reason of unworthiness is merely an
or refusal to perform the natural and legal obligations of care an support expression of the implied will of a person who did not express
which parents owe to their children." (2 Am. Jur. 2d, Adoption, Sec. 32, pp. his intention in a will (as when one makes a disinheritance)
886- 887.)||| (Santos v. Aranzanso, G.R. No. L-23828, [February 28, 1966], ●​ If an “express intention” (made thru disinheritance) would be
123 PHIL 160-179) rendered ineffective by implied reconciliation, why would a
mere implied will of the testator be made to abrogate it just
because it was not done in writing (Tolentino’s view)
DISINHERITANCE OF A SPOUSE

Art. 921. The following shall be sufficient causes for disinheriting a RIGHT OF REPRESENTATION IN DISINHERITANCE
spouse:
Art. 923. The children and descendants of the person disinherited shall
(1)​ When the spouse has been convicted of an attempt against take his or her place and shall preserve the rights of compulsory heirs
the life of the testator, his or her descendants, or ascendants; with respect to the legitime; but the disinherited parent shall not have
the usufruct or administration of the property which constitutes the
(2)​ When the spouse has accused the testator of a crime for legitime. (857
which the law prescribes imprisonment of six years or more,
and the accusation has been found to be false;
But just because you’re not disinherited, doesn’t mean you’re safe. Even if
you’re not disinherited, there are grounds to make you an incapacitated
(3)​ When the spouse by fraud, violence, intimidation, or undue
heir.
influence cause the testator to make a will or to change one
already made;
Just in case the disinherited heir would question, you must prove that by
preponderance of evidence that what you’re alleging is true and genuine.
(4)​ When the spouse has given cause for legal separation;

(5)​ When the spouse has given grounds for the loss of parental LEGACY AND DEVISES
authority;
Art. 924.​ All things and rights which​ are within the commerce of
(6)​ Unjustifiable refusal to support the children or the other man be bequeathed or devised. (865a)
spouse.
NATURE OF A LEGACY OR DEVISE

EFFECT OF RECONCILIATION ON RIGHT TO DISINHERIT Legacies and devises are testamentary dispositions giving an economic
benefit or advantage OTHER THAN AN ALIQUOT or FRACTIONAL part of the
Art. 922. A subsequent reconciliation between the offender and the inheritance.
offended person deprives the latter of the right to disinherit, and renders
ineffectual any disinheritance that may have been made. (856) In institution of heir, one is an heir to the entire estate.

In legacy or devise, one is an heir to a particular estate.

WHO SHALL COMPLY WITH A LEGACY OR DEVISE

NOTES ON RECONCILIATION
Art. 926. When the testator charges one of the heirs with a legacy or
●​ May be done expressly or impliedly devise, he alone shall be bound.
●​ An example of implied reconciliation is when the spouses live
together Should he not charge anyone in particular, all shall be liable in the same
proportion in which they may inherit. (859)
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
mortgaged to secure a recoverable debt before the execution of the will,
LIABILITY OF THE HEIR BOUND TO DELIVER LEGACY OR DEVISE the estate is obliged to pay the debt, unless the contrary intention
appears.
Art. 928. The heir who is bound to deliver the legacy or devise shall be
liable in case of eviction, if the thing is indeterminate and is indicated The same rule applies when the thing is pledged or mortgaged after the
only by its kind. (860) execution of the will.

Any other charge, perpetual or temporary, with which the thing

Legacy - specific personal property
bequeathed is burdened, passes with it to the legatee or devisee. (867a)
Devisee - real property

Preterition - effect it is as if there is no will but in the very same will where
ESTATE HAS NO OBLIGATION TO FREE THE PROPERTY
naa legacy or devisee, it is still capable of being saved as long as it is not
inofficious.
★​ Easement
★​ Usufruct
Legacy as devisee is only possible when there is a last will and testament
★​ Leases
XPN: case of preterition
★​ Any other charge

LEGACY OF A CREDIT AGAINST A THIRD PERSON OR REMISSION OF A DEBT

OF LEGATEE
LEGACY/DEVISE WHEN TESTATOR IS ONLY A PART OWNER
ARTICLE 935. The legacy of a credit against a third person or of the
Art. 929. If the testator, heir, or legatee owns only a part of, or an interest remission or release of a debt of the legatee shall be effective only as
in the thing bequeathed, the legacy or devise shall be understood limited regards that part of the credit or debt existing at the time of the death of
to such part or interest, unless the testator expressly declares that he the testator.
gives the thing in its entirety. (864a)
In the first case, the estate shall comply with the legacy by assigning to
the legatee all rights of action it may have against the debtor. In the
LEGACY/DEVISE WHEN THING BELONGS TO ANOTHER PERSON second case, by giving the legatee an acquittance, should he request
one.
Art. 930. The legacy or devise of a thing belonging to another person is
void, if the testator erroneously believed that the thing pertained to him. In both cases, the legacy shall comprise all interests on the credit or debt
But if the thing bequeathed, though not belonging to the testator when which may be due the testator at the time of his death. (870a) ||| (Civil
he made the will, afterwards becomes his, by whatever title, the Code of the Philippines, Republic Act No. 386, [June 18, 1949])
disposition shall take effect. (862a)

Relate this with the modes of extinguishing obligations.

ORDER OF TESTATOR TO ACQUIRE [EXAM]

A CASE OF REVOCATION OF LEGACY
Art. 931. If the testator orders that a thing belonging to another be
acquired in order that it be given to a legatee or devisee, the heir upon ARTICLE 936. The legacy referred to in the preceding article shall lapse if
whom the obligation is imposed or the estate must acquire it and give the testator, after having made it, should bring an action against the
the same to the legatee or devisee; but if the owner of the thing refuses debtor for the payment of his debt, even if such payment should not
to alienate the same, or demands an excessive price therefor, the heir or have been effected at the time of his death.
the estate shall only be obliged to give the just value of the thing. (861a)
The legacy to the debtor of the thing pledged by him is understood to
discharge only the right of pledge. (871)
In the will, the testator orders the heir to acquire a property so it will be given
to the legatee or devisee.
Ex. X during his lifetime had a will probated. In that will, there was a legacy of
This presupposes that you can give a legacy or devisee even if you’re not remission of debt in favor of S. X filed a case against him for collection of
yet the owner of the property for as long as you specifically ordered the money. Will that case prosper? Yes because that is a form of revocation of
heir/ administrator to acquire it. legacy.

But if you didn’t know that the thing belongs to you, the disposition is void.
LEGACY IN FAVOR OF A CREDITOR
ALSO KNOWN AS INEFFECTIVE DISPOSITION.

ARTICLE 938. A legacy or devise made to a creditor shall not be applied

This provision only applies if there are specific instructions. But other authors
to his credit, unless the testator so expressly declares.
argue that there is implicit instruction just by the fact that he sold the
property even if he knew that he didn’t own it.
In the latter case, the creditor shall have the right to collect the excess, if
any, of the credit or of the legacy or devise. (873a)
LEGACY OF A THING PLEDGED OR MORTGAGED

Art. 934. If the testator should bequeath or devise something pledged or LEGACY OF GENERIC PERSONAL PROPERTY OR DEVISE OF INDETERMINATE
BASIC SUCCESSION LAW 2024 - 2025​ ​ ​ ​ ​ ​ ​
REAL PROPERTY
WHAT HAPPENS WHEN LEGATEE OR DEVISEE CANNOT OR UNWILLING TO
ARTICLE 941. A legacy of generic personal property shall be valid even if ACCEPT [IMPORTANT]
there be no things of the same kind in the estate.
ARTICLE 956. If the legatee or devisee cannot or is unwilling to accept the
A devise of indeterminate real property shall be valid only if there be legacy or devise, or if the legacy or devise for any reason should become
immovable property of its kind in the estate. ineffective, it shall be merged into the mass of the estate, except in cases
of substitution and of the right of accretion.|||
The right of choice shall belong to the executor or administrator who
shall comply with the legacy by the delivery of a thing which is neither of
TN: there is no right of representation in repudiation as well as in legacy and
inferior nor of superior quality. (875a)
devisee.

RULE TO FOLLOW WHEN ESTATE IS INSUFFICIENT TO SATISFY ALL LEGACIES

RIGHT OF CHOICE IN LEGACY AND DEVISE AND DEVISES

ARTICLE 942. Whenever the testator expressly leaves the right of choice ARTICLE 950. If the estate should not be sufficient to cover all the
to the heir, or to the legatee or devisee, the former may give or the latter legacies or devises, their payment shall be made in the following order:
may choose whichever he may prefer. (876a) cd (1)​ Remuneratory legacies or devises;
(2)​ Legacies or devises declared by the testator to be preferential;
ARTICLE 943. If the heir, legatee or devisee cannot make the choice, in (3)​ Legacies for support;
case it has been granted him, his right shall pass to his heirs; but a (4)​ Legacies for education;
choice once made shall be irrevocable. (5)​ Legacies or devises of a specific, determinate thing which
forms a part of the estate;
(6)​ All others pro rata.
WHEN RIGHT OF LEGATEE OR DEVISEE ACCRUES AND WHO BEARS THE LOSS
Note: Article 950 applies when the question is reduction of
ARTICLE 948. If the legacy or devise is of a specific and determinate ”legacies/devises”, otherwise Article 911 applies when-apart from
thing pertaining to the testator, the legatee or devisee acquires the legacies,etc.-there are also donations made by the testator
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
Correlate with Art. 911. Apply 911 if there is a donation. But if legacy ra nag
income which was due and unpaid before the latter's death. cda
argue, use 950

From the moment of the testator's death, the thing bequeathed shall be
at the risk of the legatee or devisee, who shall, therefore, bear its loss or INSTANCES WHEN LEGACY OR DEVISE LOSES EFFECT
deterioration, and shall be benefited by its increase or improvement,
without prejudice to the responsibility of the executor or administrator. Art. 957. The legacy or devise shall be without effect:
(882a)
(1)​ If the testator transforms the thing bequeathed in such a
manner that it does not retain either the form or the
DEMAND FOR THE DELIVERY OF LEGACY AND DEVISE MUST BE THROUGH denomination it had;
HEIR CHARGED WITH DELIVERY OR THE EXECUTOR OR ADMINISTRATOR
(2)​ If the testator by any title or for any cause alienates the thing
ARTICLE 953. The legatee or devisee cannot take possession of the thing bequeathed or any part thereof, it being understood that in
bequeathed upon his own authority, but shall request its delivery and the latter case the legacy or devise shall be without effect only
possession of the heir charged with the legacy or devise, or of the with respect to the part thus alienated. If after the alienation
executor or administrator of the estate should he be authorized by the the thing should again belong to the testator, even if it be by
court to deliver it. 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 of repurchase;
ACCEPTANCE AND RENUNCIATION OF TWO LEGACIES ONE OF WHICH IS
ONEROUS; OR, BOTH ARE ONEROUS; OR, BOTH ARE GRATUITOUS (3)​ If the thing bequeathed is totally lost during the lifetime of the
testator, or after his death without the heir's fault. Nevertheless,
ARTICLE 955. The legatee or devisee of two legacies or devises, one of the person obliged to pay the legacy or devise shall be liable
which is onerous, cannot renounce the onerous one and accept the for eviction if the thing bequeathed should not have been
other. If both are onerous or gratuitous, he shall be free to accept or determinate as to its kind, in accordance with the provisions of
renounce both, or to renounce either. But if the testator intended that the Article 928. (869a)
two legacies or devises should be inseparable from each other, the
legatee or devisee must either accept or renounce both. Cd INTESTATE SUCCESSION
tai
-​ Heirs are only those who will qualify as legal heirs
Any compulsory heir who is at the same time a legatee or devisee may -​ No devisee or legacy
waive the inheritance and accept the legacy or devise, or renounce the
latter and accept the former, or waive or accept both. NEXT MEETING: Slide 3
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COLLATION - basically accounting of all the properties received through
gratuitous title while the testator was alive

Ex. Decedent left 1M. The children’s legitime is 500k, if 5 children = 100k each
sla. If G (one of the heirs) got a donation worth 50k, kato 50k iminus nato sa
iya 100k. Check RE: Art. 908 for the computation of the legitime