SUCCESSION OUTLINE Art. 795.

The validity of a will as to its form depends upon the

observance of the law in force at the time it is made.
GENERAL PROVISIONS
2. As to place of execution
A. Definition and Concept
Art. 17. The forms and solemnities of contracts, wills, and
Art. 712. Ownership is acquired by occupation and by other public instruments shall be governed by the laws of the
intellectual creation. country in which they are executed.
Ownership and other real rights over property are acquired and Art. 810. A person may execute a holographic will which must
transmitted by law, by donation, by estate and intestate be entirely written, dated, and signed by the hand of the testator
succession, and in consequence of certain contracts, by
himself. It is subject to no other form, and may be made inor
tradition.
out of the Philippines, and need not be witnessed
They may also be acquired by means of prescription.   
Art. 815. When a Filipino is in a foreign country, he is
Art. 774. Succession is a mode of acquisition by virtue of authorized to make a will in any of the forms established by the
which the property, rights and obligations to the extent of the law of the country in which he may be. Such will may be
probated in the Philippines. (n)
value of the inheritance, of a person are transmitted through his
death to another or others either by his will or by operation of Art. 816. The will of an alien who is abroad produces effect in
law.  the Philippines if made with the formalities prescribed by the
law of the place in which he resides, or according to the
Art. 1311. Contracts take effect only between the parties, their formalities observed in his country, or in conformity with those
assigns and heirs, except in case where the rights and which this Code prescribes. (n)
obligations arising from the contract are not transmissible by
their nature, or by stipulation or by provision of law. The heir Art. 817. A will made in the Philippines by a citizen or subject
is not liable beyond the value of the property he received from of another country, which is executed in accordance with the
the decedent. law of the country of which he is a citizen or subject, and
which might be proved and allowed by the law of his own
country, shall have the same effect as if executed according to
B. Laws governing form the laws of the Philippines. (n)
1. As to time of execution
Art. 818. Two or more persons cannot make a will jointly, or in The appeal was granted and ordered the probate be denied. The
the same instrument, either for their reciprocal benefit or for Court held that o determine the law applicable to a will, the
the benefit of a third person. (669) determining factor shall be at the time or date it was
executed. Article 795 of the New Civil Code provides: “The
Art. 819. Wills, prohibited by the preceding article, executed validity of a will as to its form depends upon the observance of
by Filipinos in a foreign country shall not be valid in the the law in force at the time it is made.” The validity of a will is
Philippines, even though authorized by the laws of the country to be judged not by the law enforced at the time of the
where they may have been executed. testator’s death or at the time the supposed will is presented in
court for probate or when the petition is decided by the court
In re Will of Rev. Abadia, 50 O.G. #9, p. 4185 but at the time the instrument is executed. However, when
one executes a will which is invalid for failure to observe and
Facts: follow the legal requirements at the time of its execution then
upon his death he should be regarded and declared as having
Father Sancho Abadia, Parish Priest of Talisay Cebu executed died intestate, and his heirs will then inherit by intestate
his last will and Testament on September 6, 1923 where he succession, and no subsequent law with more liberal
designated Andrez Enriquez as his legatee for P8,000. On requirements or which dispenses with such requirements as to
January 14, 1943, Father Abadia died. Andrez Enriquez filed execution should be allowed to validate a defective will and
before CFI-Cebu petition for probate the said will but such thereby divest the heirs of their vested rights in the estate by
petition was opposed by some cousins and nephews of late intestate succession.
Abadia. During the course of the trial, some witnesses testified
stating among others that they have seen the testator wrote such
will in Spanish and signed each of the three pages while the Fleumer v. Hix, 54 Phil. 610
witnesses affixed their signatures on the last page attesting
their presence during the execution. Oppositors did not present Facts
any evidence. The trial court issued its decision admitting the
probate on the ground that the intention of the testator which
according to the trial court is the controlling factor and may The appellant filed his appeal from the decision of the CFI
override any defect in form since at the time and execution and Judge Tuason denying the probate of the will allegedly
death of the testator, holographic will is not permitted by law executed by the testator in Elkins, West Virginia under the
and must comply with the requirements set by law to be valid laws of West Virginia. The reason for the denial was that the
and effective. Appeal was then denied. law of West Virginia with respect to due execution of will has
not been duly proven as facts. The requirements of the law
Held: were not met. There was no printed or published under the
authority of the State of West Virginia, as provided in section granted by law. The CFI rendered its decision denying the
300 of the Code of Civil Procedure. Nor was the extract from application since there were no proof being given that such
the law attested by the certificate of the officer having charge swill was legalized under Californian Law.
of the original, under the sale of the State of West Virginia, as
provided in section 301 of the Code of Civil Procedure. No Held
evidence was introduced to show that the extract from the laws
of West Virginia was in force at the time the alleged will was The petition was granted. The Supreme Court ruled that under
executed. Sec 635 of Code of Civil Procedure provides that;

Held A will granted outside the Philippine Islands, which may be

authenticated and legalized in accordance with the laws of the state
or country in which it was granted, may be authenticated, legalized
The Supreme Court denied the appeal and affirmed the and registered in the Philippine Islands, and shall have the same
decision of the trail court since petitioner’s assertion is a mere effectiveness as that granted in accordance with the laws of these
self-serving and no witnesses were provided to corroborate the Islands.
due execution and acknowledgement of the will by the testator
in his place of domicile. Under the law he will of an alien who While Rule 78 states that:
is abroad produces effect in the Philippines if made with the
formalities prescribed by the law of the place in which he
resides, or according to the formalities observed in his country, Wills proved outside Philippines may be allowed here . - Wills
or in conformity with those which this code provides. proved and allowed in a foreign country, according to the laws of
such country, may be allowed, filed, and recorded by the Court of
First Instance in the Philippines.

Estate of Giberson, 48 O.G. #7, 2657

Facts Article 1 of Rule 78 does not prevent a testament granted in a

foreign country from being legalized in the Philippines, if it
Lela Dalton, herein petitioner asked the Supreme Court to can be legalized in accordance with the laws of that country,
reverse the order of the CFI Cebu denying her application for nor does it require that it be previously legalized in that
the legalization of the will of William Giberson. Such will was country. Code of Civil Procedure was not repealed by Rule 78
granted on April 29, 1920 in San Francisco California where of Rules of Court since the former is a substantive law while
he is citizen and resident of Cebu. He died on August 6, 1943 the latter is mere procedural and must yield on the former.
in UST concentration camp. Spring Giberson, son of the
testator opposed the application for being untrue and was not
 adjudicated de novo, since a joint will is considered a separate
Paula Dela Cerna v. Potot, 12 SCRA 576 will.

Facts Estate of Rodriguez, 46 O.G. # 2, p. 584

Spouses Bernabe Dela Serna and Gervasia Rebaca executed a Facts:

joint will in favor of their niece Manuela Rebaca who was
married to Nicolas Potot. The subject properties were 2 parcel Martine Araniego, widow of the deceased, filed a petition for
of land situated in Borbon Cebu. Bernabe died in 1939 and the probate of the latter’s alleged will before the CFI of Bulacan.
said will was submitted to probate by Manuela and Gervasia Herein respondents, the deceased ‘brother, niece and heirs of
before CFI of Cebu. The said petition was granted in October Bernabe’s brother, opposed the petition alleging among others
1939. Upon the death of Gervasia Rebaca on October 14, that the will was obtained by undue influence, that the
1952, another petition for the probate of the same will insofar deceased had no mental capacity to execute the same and such
as Gervasia was concerned was filed on November 6, 1952. was not the will of Bernabe Rodriguez. The will was then
The petition this was denied for the failure of the petitioner to admitted for probate by the court. Unsatisfied, oppositors then
appear and ordered that the joint will be declared void being alleged that the deceased named petitioner as universal heir
contrary to law. Upon appeal by the appellee, the court and was likewise named the deceased by the latter as her
reversed its decision and declared the joint will as valid and universal heir in her own will, making them reciprocal
should be given effect. beneficiaries of each other, thus violating the prohibition on
joint wills under the Civil Code.
Held
Held
The petition was partially modified. The Supreme Court ruled
that although the joint will is void upon the affectivity of Civil The Supreme Court ruled in the negative. The court held that
Code but the probated joint will was issued long before it and although the Civil Code prohibits the so called joint will being
should be given effect. However, such probate only affect the contrary to public policy, such provision does not apply in this
property of Bernabe Dela Serna since his wife is still living case. It was clear that during presentation of evidence that the
during that time and the law provided, it cannot be probated will being questioned was not joint as alleged by the oppositors
during her lifetime. Hence, in a joint will of husband and wife, since 2 separate and distinct documents were presented. Also,
the probate decree of the will of the husband could only affect the court said that neither old age, physical infirmities
the share of the deceased husband. The validity of the will in feebleness of mind, weakness of the memory, the appointment
so far as the wife is concerned must be on her death and of a guardian, nor eccentricities are sufficient singly or jointly
to show testamentary incapacity.
C. Laws governing content - The recognition of the renvoi theory implies that the
rules of the conflict of laws are to be understood as
1. As to time incorporating not only the ordinary or internal law of
the foreign state or country, but its rules of the conflict
Art. 2263. Rights to the inheritance of a person who died, with of laws as well.
or without a will, before the effectivity of this Code, shall be - The theory in the Renvoi Doctrine is applicable in this
governed by the Civil Code of 1889, by other previous laws, case.
and by the Rules of Court. The inheritance of those who, with - The theory of the doctrine of renvoi is that the court of
or without a will, die after the beginning of the effectivity of the forum, in determining the question before it, must
this Code, shall be adjudicated and distributed in accordance take into account the whole law of the other
with this new body of laws and by the Rules of Court; but the jurisdiction, but also its rules as to conflict of laws, and
testamentary provisions shall be carried out insofar as they may then apply the law to the actual question which the rules
be permitted by this Code. Therefore, legitimes, betterments, of the other jurisdiction prescribe.
legacies and bequests shall be respected; however, their - The recognition of the renvoi theory implies that the
amount shall be reduced if in no other manner can every rules of the conflict of laws are to be understood as
compulsory heir be given his full share according to this Code incorporating not only the ordinary or internal law of
the foreign state or country, but its rules of the conflict
2. As to successional rights, etc. of laws as well. According to this theory the law of the
country means the whole of its laws.
Art. 16(2). However, intestate and testamentary successions,
both with respect to the order of succession and to the amount
Estate of Amos Bellis, 20 SCRA 358
of successional rights and to the intrinsic validity of - The national law of the decedent in intestate and testate
testamentary provisions, shall be regulated by the national law proceedings shall be followed.
of the person whose succession is under consideration, - Texas Law was applied. NCC Article 16 (2) and Art.
whatever may be the nature of the property and regardless of 1039 render applicable the national law of the decedent
the country wherein said property may be found. in intestate or testamentary successions, with regard to
four items: (1) the order of succession; (2) the amount
Art. 1039. Capacity to succeed is governed by the law of the of successional rights; (3) the intrinsic validity of the
nation of the decedent. provisions of the will, and (4) the capacity to succeed.
- Even assuming that Texas has a conflict of law rule
Estate of Christensen, 61 O.G. # 46, p. 7302 providing that the law of the domicile should govern,
the same would not result in a renvoi to Philippine law,
 but would still refer to Texas law. The doctrine of of D. Subject of Succession
renvoi (reference back) in the case at bar is inapplicable
because the U.S. does not adopt the situs theory calling Art. 775. In this Title, "decedent" is the general term applied to
for the application of where the properties are situated, the person whose property is transmitted through succession,
since the properties are located in the Philippines. In the whether or not he left a will. If he left a will, he is also called
absence of proof as to the conflict of law rule of Texas, the testator.
it should not be presumed to be different from ours. As
the SC ruled in Miciano v. Brimo, a provision in a Art. 782. An heir is a person called to the succession either by
foreigner’s will to the effect that his properties shall be the provision of a will or by operation of law.
distributed in accordance with Philippine law and not
his national law, is illegal and void, for his national law Devisees and legatees are persons to whom gifts of real and
cannot be ignored in regard to those matter that Article personal property are respectively given by virtue of a will.
16 of the Civil Code states said national law should
govern. Art. 887. The following are compulsory heirs:

(1) Legitimate children and descendants, with respect to their

Cayetano v. Leonides, 129 SCRA 524 legitimate parents and ascendants;
- It is settled rule that as regards the intrinsic validity of the
provisions of the will, as provided for by Article 16 (2) and (2) In default of the foregoing, legitimate parents and
1039 of the Civil Code, the national law of the decedent must ascendants, with respect to their legitimate children and
apply. descendants;
- Philippine law was not applied as regards the intrinsic validity
(3) The widow or widower;
of the will. The law which governs Adoracion Campos’ will is
the law of Pennsylvania, USA which is the national law of the (4) Acknowledged natural children, and natural children by
decedent by virtue of Art. 16 (2) and Art. 1039 of the Civil legal fiction;
Code. The settlement of the estate of Adoracion was correctly
filed with the CFI of Manila where she had an estate since it (5) Other illegitimate children referred to in Article 287.
was alleged and proven that Adoracion at the time of her death
Compulsory heirs mentioned in Nos. 3, 4, and 5 are not
was a citizen and a permanent resident of Pennsylvania, USA
excluded by those in Nos. 1 and 2; neither do they exclude one
and not a “usual resident” of Cavite.
another.
In all cases of illegitimate children, their filiation must be duly The former unites the head of the family with those who
proved. descend from him.

The father or mother of illegitimate children of the three The latter binds a person with those from whom he descends.
classes mentioned, shall inherit from them in the manner and to (917)
the extent established by this Code.
Art. 966. In the line, as many degrees are counted as there are
Art. 1003. If there are no descendants, ascendants, illegitimate generations or persons, excluding the progenitor.
children, or a surviving spouse, the collateral relatives shall
succeed to the entire estate of the deceased in accordance with In the direct line, ascent is made to the common ancestor. Thus,
the following articles. the child is one degree removed from the parent, two from the
grandfather, and three from the great-grandparent.

In the collateral line, ascent is made to the common ancestor

1. Who are the subjects? and then descent is made to the person with whom the
computation is to be made. Thus, a person is two degrees
2. Relationship removed from his brother, three from his uncle, who is the
Art. 963. Proximity of relationship is determined by the brother of his father, four from his first cousin, and so forth.
number of generations. Each generation forms a degree. (915) (918a)

Art. 964. A series of degrees forms a line, which may be either Art. 967. Full blood relationship is that existing between
direct or collateral. persons who have the same father and the same mother.

A direct line is that constituted by the series of degrees among Half blood relationship is that existing between persons who
ascendants and descendants. have the same father, but not the same mother, or the same
mother, but not the same father. (920a)
A collateral line is that constituted by the series of degrees
among persons who are not ascendants and descendants, but Art. 968. If there are several relatives of the same degree, and
who come from a common ancestor. (916a) one or some of them are unwilling or incapacitated to succeed,
his portion shall accrue to the others of the same degree, save
Art. 965. The direct line is either descending or ascending. the right of representation when it should take place. (922)
Art. 969. If the inheritance should be repudiated by the nearest Art. 16(2). However, intestate and testamentary successions,
relative, should there be one only, or by all the nearest relatives both with respect to the order of succession and to the amount
called by law to succeed, should there be several, those of the of successional rights and to the intrinsic validity of
following degree shall inherit in their own right and cannot testamentary provisions, shall be regulated by the national law
represent the person or persons repudiating the inheritance. of the person whose succession is under consideration,
whatever may be the nature of the property and regardless of
3. Capacity to Succeed the country wherein said property may be found.
Art. 1024. Persons not incapacitated by law may succeed by b. Who may succeed?
will or abintestato.
Parish Priest of Victoria v. Rigor, 89 SCRA 493
The provisions relating to incapacity by will are equally - In order to be capacitated to inherit, the heir, devisee or
applicable to intestate succession. legatee must be living at the moment the succession
opens, except in case of representation, when it is
a. Determination
proper.
Art. 1034. In order to judge the capacity of the heir, devisee or
legatee, his qualification at the time of the death of the Art. 1024. Persons not incapacitated by law may succeed by
decedent shall be the criterion. will or ab intestato.

In cases falling under Nos. 2, 3, or 5 of Article 1032, it shall be The provisions relating to incapacity by will are equally
necessary to wait until final judgment is rendered, and in the applicable to intestate succession. (744, 914)
case falling under No. 4, the expiration of the month allowed
Art. 1025. In order to be capacitated to inherit, the heir, devisee
for the report.
or legatee must be living at the moment the succession opens,
If the institution, devise or legacy should be conditional, the except in case of representation, when it is proper.
time of the compliance with the condition shall also be
A child already conceived at the time of the death of the
considered
decedent is capable of succeeding provided it be born later
Art. 1039. Capacity to succeed is governed by the law of the under the conditions prescribed in article 41. (n)
nation of the decedent.
Art. 1026. A testamentary disposition may be made to the that may arise. In all these cases, the approval of the Court of
State, provinces, municipal corporations, private corporations, First Instance shall be necessary.
organizations, or associations for religious, scientific, cultural,
educational, or charitable purposes. The preceding paragraph shall apply when the testator has
disposed of his property in favor of the poor of a definite
All other corporations or entities may succeed under a will, locality.
unless there is a provision to the contrary in their charter or the
laws of their creation, and always subject to the same. c. Who are incapable of succeeding?

Art. 1029. Should the testator dispose of the whole or part of Art. 1025. In order to be capacitated to inherit, the heir, devisee
his property for prayers and pious works for the benefit of his or legatee must be living at the moment the succession opens,
soul, in general terms and without specifying its application, except in case of representation, when it is proper.
the executor, with the court's approval shall deliver one-half A child already conceived at the time of the death of the
thereof or its proceeds to the church or denomination to which decedent is capable of succeeding provided it be born later
the testator may belong, to be used for such prayers and pious under the conditions prescribed in article 41.
works, and the other half to the State, for the purposes
mentioned in Article 1013. (747a) Art. 1027. The following are incapable of succeeding:

Art. 1030. Testamentary provisions in favor of the poor in (1) The priest who heard the confession of the testator during
general, without designation of particular persons or of any his last illness, or the minister of the gospel who extended
community, shall be deemed limited to the poor living in the spiritual aid to him during the same period;
domicile of the testator at the time of his death, unless it should
(2) The relatives of such priest or minister of the gospel within
clearly appear that his intention was otherwise.
the fourth degree, the church, order, chapter, community,
The designation of the persons who are to be considered as organization, or institution to which such priest or minister may
poor and the distribution of the property shall be made by the belong;
person appointed by the testator for the purpose; in default of
(3) A guardian with respect to testamentary dispositions given
such person, by the executor, and should there be no executor,
by a ward in his favor before the final accounts of the
by the justice of the peace, the mayor, and the municipal
guardianship have been approved, even if the testator should
treasurer, who shall decide by a majority of votes all questions
die after the approval thereof; nevertheless, any provision made
by the ward in favor of the guardian when the latter is his (3) Any person who has accused the testator of a crime for
ascendant, descendant, brother, sister, or spouse, shall be valid; which the law prescribes imprisonment for six years or more, if
the accusation has been found groundless;
(4) Any attesting witness to the execution of a will, the spouse,
parents, or children, or any one claiming under such witness, (4) Any heir of full age who, having knowledge of the violent
spouse, parents, or children; death of the testator, should fail to report it to an officer of the
law within a month, unless the authorities have already taken
(5) Any physician, surgeon, nurse, health officer or druggist action; this prohibition shall not apply to cases wherein,
who took care of the testator during his last illness; according to law, there is no obligation to make an accusation;
(6) Individuals, associations and corporations not permitted by (5) Any person convicted of adultery or concubinage with the
law to inherit. spouse of the testator;
Art. 1028. The prohibitions mentioned in article 739, (6) Any person who by fraud, violence, intimidation, or undue
concerning donations inter vivos shall apply to testamentary influence should cause the testator to make a will or to change
provisions. one already made;
Art. 1031. A testamentary provision in favor of a disqualified (7) Any person who by the same means prevents another from
person, even though made under the guise of an onerous making a will, or from revoking one already made, or who
contract, or made through an intermediary, shall be void. (755) supplants, conceals, or alters the latter's will;
Art. 1032. The following are incapable of succeeding by reason (8) Any person who falsifies or forges a supposed will of the
of unworthiness: decedent. (756, 673, 674a)
(1) Parents who have abandoned their children or induced their Art. 1033. The cause of unworthiness shall be without effect if
daughters to lead a corrupt or immoral life, or attempted the testator had knowledge thereof at the time he made the will,
against their virtue; or if, having known of them subsequently, he should condone
(2) Any person who has been convicted of an attempt against them in writing.
the life of the testator, his or her spouse, descendants, or Art. 990. The hereditary rights granted by the two preceding
ascendants; articles to illegitimate children shall be transmitted upon their
death to their descendants, who shall inherit by right of Article 1037. The unworthy heir who is excluded from the
representation from their deceased grandparent. (941a) succession has a right to demand indemnity or any expenses
incurred in the preservation of the hereditary property, and to
Art. 991. If legitimate ascendants are left, the illegitimate enforce such credits as he may have against the estate. (n)
children shall divide the inheritance with them, taking one-half
of the estate, whatever be the number of the ascendants or of Art. 1014. If a person legally entitled to the estate of the
the illegitimate children. (942-841a) deceased appears and files a claim thereto with the court within
Art. 992. An illegitimate child has no right to inherit five years from the date the property was delivered to the State,
abintestato from the legitimate children and relatives of his such person shall be entitled to the possession of the same, or if
father or mother; nor shall such children or relatives inherit in sold the municipality or city shall be accountable to him for
the same manner from the illegitimate child. such part of the proceeds as may not have been lawfully spent.

d. Effect of alienations by the excluded heir f. Liabilities of the excluded heir

Art. 1036. Alienations of hereditary property, and acts of Art. 1038. Any person incapable of succession, who,
administration performed by the excluded heir, before the disregarding the prohibition stated in the preceding articles,
judicial order of exclusion, are valid as to the third persons who entered into the possession of the hereditary property, shall be
acted in good faith; but the co-heirs shall have a right to obliged to return it together it its accessions.
recover damages from the disqualified heir.
He shall be liable for all the fruits and rents he may have
e. Rights of the excluded heir received, or could have received through the exercise of due
diligence.
Art. 1035. If the person excluded from the inheritance by
reason of incapacity should be a child or descendant of the g. Prescription of Action
decedent and should have children or descendants, the latter
shall acquire his right to the legitime. Art. 1040. The action for a declaration of incapacity and for the
recovery of the inheritance, devise or legacy shall be brought
The person so excluded shall not enjoy the usufruct and within five years from the time the disqualified person took
administration of the property thus inherited by his children. possession thereof. It may be brought by anyone who may have
an interest in the succession.
 the deceased, the payment is valid and cannot be rescinded by
the payer.
E. Object of Succession
Art. 1178. Subject to the laws, all rights acquired in virtue of
Art. 776. The inheritance includes all the property, rights and an obligation are transmissible, if there has been no stipulation
obligations of a person which are not extinguished by his to the contrary.
death.
Art. 1347. All things which are not outside the commerce of
Art. 781. The inheritance of a person includes not only the men, including future things, may be the object of a contract.
property and the transmissible rights and obligations existing at All rights which are not intransmissible may also be the object
the time of his death, but also those which have accrued thereto of contracts.
since the opening of the succession.
No contract may be entered into upon future inheritance except
Art. 1311. Contracts take effect only between the parties, their in cases expressly authorized by law.
assigns and heirs, except in case where the rights and
obligations arising from the contract are not transmissible by All services which are not contrary to law, morals, good
their nature, or by stipulation or by provision of law. The heir customs, public order or public policy may likewise be the
is not liable beyond the value of the property he received from object of a contract.
the decedent.
(Revised Penal Code) Art. 108. Obligation to make restoration,
If a contract should contain some stipulation in favor of a third reparation for damages, or indemnification for consequential
person, he may demand its fulfillment provided he damages and actions to demand the same; Upon whom it
communicated his acceptance to the obligor before its devolves. — The obligation to make restoration or reparation
revocation. A mere incidental benefit or interest of a person is for damages and indemnification for consequential damages
not sufficient. The contracting parties must have clearly and devolves upon the heirs of the person liable.
deliberately conferred a favor upon a third person.
The action to demand restoration, reparation, and
Art. 1429. When a testate or intestate heir voluntarily pays a indemnification likewise descends to the heirs of the person
debt of the decedent exceeding the value of the property which injured.
he received by will or by the law of intestacy from the estate of
Reyes v. CA, S.C. L-5620 July 31, 1954
 - If the contract is void, the property still forms part of F. Opening of Succession
the inheritance in order not to prejudice the heir.
- The natural children of the deceased in this case are Art. 777. The rights to the succession are transmitted from the
moment of the death of the decedent.
questioning the intrinsic validity of the will on the
ground that his compulsory heir cannot be one, as theirs Art. 2263. Rights to the inheritance of a person who died, with
was an illicit relationship. SC held that as a general or without a will, before the effectivity of this Code, shall be
rule, courts in probate proceedings are limited to pass governed by the Civil Code of 1889, by other previous laws,
only upon the extrinsic validity of the will sought to be and by the Rules of Court. The inheritance of those who, with
probated. There are, however, notable circumstances or without a will, die after the beginning of the effectivity of
wherein the intrinsic validity was first determined as this Code, shall be adjudicated and distributed in accordance
when the defect of the will is apparent on its face and with this new body of laws and by the Rules of Court; but the
the probate of the will may become a useless ceremony testamentary provisions shall be carried out insofar as they may
if it is intrinsically invalid. The intrinsic validity of a be permitted by this Code. Therefore, legitimes, betterments,
will may be passed upon because “practical legacies and bequests shall be respected; however, their
considerations” demanded it as when there is preterition amount shall be reduced if in no other manner can every
of heirs or the testamentary provisions are doubtful compulsory heir be given his full share according to this Code.
legality. In this case however, there was never an open
admission of any illicit relationship. Thus, there was no Art. 2253. The Civil Code of 1889 and other previous laws
need to go beyond the face of the will. shall govern rights originating, under said laws, from acts done
or events which took place under their regime, even though this
Code may regulate them in a different manner, or may not
Guinto v. Medina, 50 O.G. # 1, p. 199, Oct. 7, 1953. recognize them. But if a right should be declared for the first
- SC held that the heirs of a defendant in a civil action is time in this Code, it shall be effective at once, even though the
liable for damages for such action survives despite the
act or event which gives rise thereto may have been done or
defendant’s death.
- As they are merely substituted in place of Santiago may have occurred under prior legislation, provided said new
Medina upon his death, their liability is only up to the right does not prejudice or impair any vested or acquired right,
extent of the value of the property, which they might of the same origin.
have received from the original defendant, Santiago
Medina. Art. 533. The possession of hereditary property is deemed
transmitted to the heir without interruption and from the
moment of the death of the decedent, in case the inheritance is Art. 132. A donation by reason of marriage is not revocable,
accepted. save in the following cases:

One who validly renounces an inheritance is deemed never to (1) If it is conditional and the condition is not complied with;
have possessed the same.
(2) If the marriage is not celebrated;
Art. 1347. All things which are not outside the commerce of
men, including future things, may be the object of a contract. (3) When the marriage takes place without the consent of the
All rights which are not intransmissible may also be the object parents or guardian, as required by law;
of contracts. (4) When the marriage is annulled, and the donee acted in bad
No contract may be entered into upon future inheritance except faith;
in cases expressly authorized by law. (5) Upon legal separation, the donee being the guilty spouse;
All services which are not contrary to law, morals, good (6) When the donee has committed an act of ingratitude as
customs, public order or public policy may likewise be the specified by the provisions of this Code on donations in
object of a contract. general.
Art. 1461. Things having a potential existence may be the Art. 390. After an absence of seven years, it being unknown
object of the contract of sale. whether or not the absentee still lives, he shall be presumed
The efficacy of the sale of a mere hope or expectancy is dead for all purposes, except for those of succession.
deemed subject to the condition that the thing will come into The absentee shall not be presumed dead for the purpose of
existence. opening his succession till after an absence of ten years. If he
The sale of a vain hope or expectancy is void. disappeared after the age of seventy-five years, an absence of
five years shall be sufficient in order that his succession may
Art. 130. The future spouses may give each other in their be opened.
marriage settlements as much as one-fifth of their present
property, and with respect to their future property, only in the Art. 391. The following shall be presumed dead for all
event of death, to the extent laid down by the provisions of this purposes, including the division of the estate among the heirs:
Code referring to testamentary succession.
(1) A person on board a vessel lost during a sea voyage, or an (3) When the marriage is annulled, and the donee acted in bad
aeroplane which is missing, who has not been heard of for four faith;
years since the loss of the vessel or aeroplane;
(4) Upon legal separation, the donee being the guilty spouse;
(2) A person in the armed forces who has taken part in war, and
has been missing for four years; (5) If it is with a resolutory condition and the condition is
complied with;
(3) A person who has been in danger of death under other
circumstances and his existence has not been known for four (6) When the donee has committed an act of ingratitude as
years. specified by the provisions of the Civil Code on donations in
general.
(Family Code) Art. 84. If the future spouses agree upon a
regime other than the absolute community of property, they
cannot donate to each other in their marriage settlements more Requisites for the transmission of Successional Rights
than one-fifth of their present property. Any excess shall be
considered void. 1. Express will of the testator or provision of law
2. Death of the person whose property is the subject of
Donations of future property shall be governed by the succession
provisions on testamentary succession and the formalities of
wills. Art. 43. If there is a doubt, as between two or more persons
who are called to succeed each other, as to which of them
(Family Code) Art. 86. A donation by reason of marriage may died first, whoever alleges the death of one prior to the
be revoked by the donor in the following cases: other, shall prove the same; in the absence of proof, it is
(1) If the marriage is not celebrated or judicially declared void presumed that they died at the same time and there shall be
ab initio except donations made in the marriage settlements, no transmission of rights from one to the other.
which shall be governed by Article 81; Survivorship Rule:
(2) When the marriage takes place without the consent of the Rule 131, Sec.3(ii)That a trustee or other person whose
parents or guardian, as required by law; duty it was to convey real property to a particular person
has actually conveyed it to him when such presumption is
 necessary to perfect the title of such person or his order to repudiate it, the approval of the court shall be
successor in interest necessary.(993a)

Art. 1046. Public official establishments can neither accept nor

repudiate an inheritance without the approval of the
3. Acceptance of the inheritance government. (994)

Art. 1041. The acceptance or repudiation of the inheritance is Art. 1047. A married woman of age may repudiate an
an act which is purely voluntary and free. (988) inheritance without the consent of her husband. (995a)

Art. 1042. The effects of the acceptance or repudiation shall Art. 1048. Deaf-mutes who can read and write may accept or
always retroact to the moment of the death of the repudiate the inheritance personally or through an agent.
decedent. (989) Should they not be able to read and write, the inheritance shall
be accepted by their guardians. These guardians may repudiate
Art. 1043. No person may accept or repudiate an inheritance the same with judicial approval. (996a)
unless he is certain of the death of the person from whom he is
to inherit, and of his right to the inheritance. (991) Art. 1049. Acceptance may be express or tacit.

Art. 1044. Any person having the free disposal of his property An express acceptance must be made in a public or private
may accept or repudiate an inheritance. document.

Any inheritance left to minors or incapacitated persons may be A tacit acceptance is one resulting from acts by which the
accepted by their parents or guardians. Parents or guardians intention to accept is necessarily implied, or which one would
may repudiate the inheritance left to their wards only by have no right to do except in the capacity of an heir.
judicial authorization.
Acts of mere preservation or provisional administration do not
The right to accept an inheritance left to the poor shall belong imply an acceptance of the inheritance if, through such acts, the
to the persons designated by the testator to determine the title or capacity of an heir has not been assumed. (999a)
beneficiaries and distribute the property, or in their default, to
those mentioned in Article 1030. (992a) Art. 1050. An inheritance is deemed accepted:

Art. 1045. The lawful representatives of corporations, (1) If the heirs sells, donates, or assigns his right to a
associations, institutions and entities qualified to acquire stranger, or to his co-heirs, or to any of them;
property may accept any inheritance left to the latter, but in
 (2) If the heir renounces the same, even though Art. 1055. If a person, who is called to the same inheritance as
gratuitously, for the benefit of one or more of his co- an heir by will and ab intestato, repudiates the inheritance in
heirs; his capacity as a testamentary heir, he is understood to have
repudiated it in both capacities.
(3) If he renounces it for a price in favor of all his co-
heirs indiscriminately; but if this renunciation should be Should he repudiate it as an intestate heir, without knowledge
gratuitous, and the co-heirs in whose favor it is made of his being a testamentary heir, he may still accept it in the
are those upon whom the portion renounced should latter capacity. (1009)
devolve by virtue of accretion, the inheritance shall not
be deemed as accepted. (1000) Art. 1056. The acceptance or repudiation of an inheritance,
once made, is irrevocable, and cannot be impugned, except
Art. 1051. The repudiation of an inheritance shall be made in a when it was made through any of the causes that vitiate
public or authentic instrument, or by petition presented to the consent, or when an unknown will appears. (997)
court having jurisdiction over the testamentary or intestate
proceedings. (1008) Art. 1057. Within thirty days after the court has issued an order
for the distribution of the estate in accordance with the Rules of
Art. 1052. If the heir repudiates the inheritance to the prejudice Court, the heirs, devisees and legatees shall signify to the court
of his own creditors, the latter may petition the court to having jurisdiction whether they accept or repudiate the
authorize them to accept it in the name of the heir. inheritance.

The acceptance shall benefit the creditors only to an extent If they do not do so within that time, they are deemed to have
sufficient to cover the amount of their credits. The excess, accepted the inheritance. (n) 
should there be any, shall in no case pertain to the renouncer,
but shall be adjudicated to the persons to whom, in accordance Uson v. Del Rosario, 92 Phil. 530
with the rules established in this Code, it may belong. (1001) - Rights recognized for the first time in the NCC shall be
given retroactive effect subject to the exception when
Art. 1053. If the heir should die without having accepted or an acquired or vested right shall be impaired.
repudiated the inheritance his right shall be transmitted to his
- Article 2253 provides that "if a right should be declared
heirs. (1006)
for the first time in this Code, it shall be effective at
Art. 1054. Should there be several heirs called to the once, even though the act or event which gives rise
inheritance, some of them may accept and the others may thereto may have been done or may have occurred
repudiate it. (1007a) under the prior legislation, provided said new right does
 not prejudice or impair any vested or acquired right, of - The question as to whether an action survives or not
the same origin." The right of ownership of Uson depends on the nature of the action and the damage
became vested in 1945 upon the death of her husband sued for. In the causes of action which survive, the
this is so because of Art. 777. The new right recognized wrong complained [of] affects primarily and principally
under the NCC in favor of illegitimate children of the property and property rights, the injuries to the person
deceased cannot be asserted to the impairment of the being merely incidental, while in the causes of action
vested right of Uson over the lands. which do not survive, the injury complained of is to the
person, the property and rights of property affected
De Borja v. De Borja, 46 SCRA 577 being incidental.
- The claim of the defendants that Maria Uson (legal
wife) has relinquished her right over the lands in Cruz v. Cruz, G.R. No. 173292, September 1, 2010
question because she expressly renounced to inherit any - A Petition for Declaration of Nullity of Deed of Sale of
future property that her husband may acquire and leave Real Property is one relating to property and property
upon his death in the deed of separation they had rights, and therefore, survives the death of the
entered into cannot be entertained for the simple reason petitioner.
that future inheritance cannot be the object of a contract
nor can it be renounced. Bough v. Modesto, Jan 28, 1954, 94 Phil.
- The contract is valid. It is well settled that rights by
inheritance are acquired and transmitted upon the death
Bonilla v. Barcena, 71 SCRA 491 of the decedent. If this is so, it must necessarily follow
- From the moment of the death of the decedent, the heirs that it is perfectly legal for an heir to enter into a
become the absolute owners of his property, subject to contract of the nature of the document (Modesto agreed
the rights and obligations of the decedent, and they that he would share with Restituto whatever property he
cannot be deprived of their rights thereto except by the might inherit from his deceased wife) in this case, the
methods provided for by law. The moment of death is understanding to be, of course, that the contract would
the determining factor when the heirs acquire a definite be effective only if and when he is really declared an
right to the inheritance whether such right be pure or heir and only as regards any property that might be
contingent. The right of the heirs to the property of the adjudicated to him as such.
deceased vests in them even before judicial declaration
of their being heirs in the testate or intestate Borromeo-Herrera v. Borromeo, 152 SCRA 171
proceedings. - The heirs could waive their hereditary rights in 1967
even if the order to partition the estate was issued only
 in 1969. The prevailing jurisprudence on waiver of (1) If a person dies without a will, or with a void will, or one
hereditary rights is that "the properties included in an which has subsequently lost its validity;
existing inheritance cannot be considered as belonging (2) When the will does not institute an heir to, or dispose of all
to third persons with respect to the heirs, who by fiction the property belonging to the testator. In such case, legal
of law continue the personality of the former. Nor do succession shall take place only with respect to the property of
such properties have the character of future property, which the testator has not disposed;
because the heirs acquire a right to succession from the
moment of the death of the deceased. (3) If the suspensive condition attached to the institution of heir
- For a waiver to exist, three elements are essential: (1) does not happen or is not fulfilled, or if the heir dies before the
the existence of a right; (2) the knowledge of the testator, or repudiates the inheritance, there being no
existence thereof; and (3) an intention to relinquish substitution, and no right of accretion takes place;
such right. The intention to waive a right or advantage
must be shown clearly and convincingly. The (4) When the heir instituted is incapable of succeeding, except
circumstances of this case show that the signatories to in cases provided in this Code. 
the waiver document did not have the clear and
convincing intention to relinquish their rights, in fact on 3. Mixed
a later date, an agreement to partition was signed by the
heirs and was approved by the trial court. Art. 780. Mixed succession is that effected partly by will and
partly byoperation of law.

G. Kinds of Succession 4. Contractual

Art. 778. Succession may be:
(1) Testamentary; Art. 130. The future spouses may give each other in their
(2) Legal or intestate; or marriage settlements as much as one-fifth of their present
(3) Mixed. property, and with respect to their future property, only in the
event of death, to the extent laid down by the provisions of this
1. Testamentary Code referring to testamentary succession.
Art. 779. Testamentary succession is that which results from
the designation of an heir, made in a will executed in the form Art. 1347. All things which are not outside the commerce of
prescribed by law men, including future things, may be the object of a contract.
2. Legal or Intestate All rights which are not intransmissible may also be the object
Art. 960. Legal or intestate succession takes place: of contracts.
No contract may be entered into upon future inheritance except Article 783. A will is an act whereby a person is permitted,
in cases expressly authorized by law. with the formalities prescribed by law, to control to a certain
degree the disposition of this estate, to take effect after his
All services which are not contrary to law, morals, good death. (667a)
customs, public order or public policy may likewise be the
object of a contract. B. Characteristics
Article 783. A will is an act whereby a person is permitted,
Art. 752. The provisions of Article 750 notwithstanding, no with the formalities prescribed by law, to control to a certain
person may give or receive, by way of donation, more than he degree the disposition of this estate, to take effect after his
may give or receive by will. death. (667a)

The donation shall be inofficious in all that it may exceed this Article 839. The will shall be disallowed in any of the
limitation. following cases:
xx
(Family Code) Art. 84. If the future spouses agree upon a xx
regime other than the absolute community of property, they (3) If it was executed through force or under duress, or the
cannot donate to each other in their marriage settlements more influence of fear, or threats;
than one-fifth of their present property. Any excess shall be (4) If it was procured by undue and improper pressure and
considered void. influence, on the part of the beneficiary or of some other
person;
Donations of future property shall be governed by the Article 828. A will may be revoked by the testator at any time
provisions on testamentary succession and the formalities of before his death. Any waiver or restriction of this right is void.
wills. (737a)

5. Compulsory Article 796. All persons who are not expressly prohibited by
law may make a will. (662)

TESTAMENTARY SUCCESSION Article 797. Persons of either sex under eighteen years of age
cannot make a will. (n)
II. WILLS
Article 798. In order to make a will it is essential that the
A. Definition. testator be of sound mind at the time of its execution. (n)
Article 777. The rights to the succession are transmitted from
the moment of the death of the decedent. (657a) Article 789. When there is an imperfect description, or when
no person or property exactly answers the description, mistakes
Article 818. Two or more persons cannot make a will jointly, and omissions must be corrected, if the error appears from the
or in the same instrument, either for their reciprocal benefit or context of the will or from extrinsic evidence, excluding the
for the benefit of a third person. (669) oral declarations of the testator as to his intention; and when an
uncertainty arises upon the face of the will, as to the
Article 784. The making of a will is a strictly personal act; it application of any of its provisions, the testator's intention is to
cannot be left in whole or in part to the discretion of a third be ascertained from the words of the will, taking into
person, or accomplished through the instrumentality of an consideration the circumstances under which it was made,
agent or attorney. (670a) excluding such oral declarations. (n)

Article 785. The duration or efficacy of the designation of Article 790. The words of a will are to be taken in their
heirs, devisees or legatees, or the determination of the portions ordinary and grammatical sense, unless a clear intention to use
which they are to take, when referred to by name, cannot be them in another sense can be gathered, and that other can be
left to the discretion of a third person. (670a) ascertained.
Technical words in a will are to be taken in their technical
Article 786. The testator may entrust to a third person the sense, unless the context clearly indicates a contrary intention,
distribution of specific property or sums of money that he may or unless it satisfactorily appears that the will was drawn solely
leave in general to specified classes or causes, and also the by the testator, and that he was unacquainted with such
designation of the persons, institutions or establishments to technical sense.
which such property or sums are to be given or applied. (671a) (675a)

Article 787. The testator may not make a testamentary Article 791. The words of a will are to receive an interpretation
disposition in such manner that another person has to which will give to every expression some effect, rather than
determine whether or not it is to be operative. (n) one which will render any of the expressions inoperative; and
of two modes of interpreting a will, that is to be preferred
which will prevent intestacy. (n)
C. Interpretation of Wills
Article 792. The invalidity of one of several dispositions
Article 788. If a testamentary disposition admits of different contained in a will does not result in the invalidity of the other
interpretations, in case of doubt, that interpretation by which dispositions, unless it is to be presumed that the testator would
the disposition is to be operative shall be preferred. (n)
not have made such other dispositions if the first invalid
disposition had not been made. (n)
TESTAMENTARY CAPACITY AND
Article 793. Property acquired after the making of a will shall INTENT
only pass thereby, as if the testator had possessed it at the time A. Who may make a will?
of making the will, should it expressly appear by the will that
such was his intention. (n) Article 796. All persons who are not expressly prohibited by
law may make a will. (662)
Article 794. Every devise or legacy shall cover all the interest
which the testator could device or bequeath in the property Article 797. Persons of either sex under eighteen years of age
disposed of, unless it clearly appears from the will that he cannot make a will. (n)
intended to convey a less interest. (n)
Article 798. In order to make a will it is essential that the
Article 930. The legacy or devise of a thing belonging to testator be of sound mind at the time of its execution. (n)
another person is void, if the testator erroneously believed that
the thing pertained to him. But if the thing bequeathed, though Article 799. To be of sound mind, it is not necessary that the
not belonging to the testator when he made the will, afterwards testator be in full possession of all his reasoning faculties, or
becomes his, by whatever title, the disposition shall take effect. that his mind be wholly unbroken, unimpaired, or unshattered
(862a) by disease, injury or other cause.
Solla v. Ascuenta, 49 Phil. 333 It shall be sufficient if the testator was able at the time of
Where the testator's intention is manifest from the context of
making the will to know the nature of the estate to be disposed
the will and surrounding circumstances, but is obscured by
inapt and inaccurate modes of expression, the language will be of, the proper objects of his bounty, and the character of the
subordinated to the intention, and in order to give effect to such testamentary act. (n)
intention, as far as possible, the court may depart from the
strict wording and read word or phrase in a sense different Article 800. The law presumes that every person is of sound
from that which is ordinarily attributed to it, and for such mind, in the absence of proof to the contrary.
purpose may mould or change the language of the will. such as
restricting its application or supplying omitted words or The burden of proof that the testator was not of sound mind at
phrases. the time of making his dispositions is on the person who
opposes the probate of the will; but if the testator, one month,
or less, before making his will was publicly known to be
insane, the person who maintains the validity of the will must Article 804. Every will must be in writing and executed in a
prove that the testator made it during a lucid interval. (n) language or dialect known to the testator. (n)

Article 801. Supervening incapacity does not invalidate an Article 810. A person may execute a holographic will which
effective will, nor is the will of an incapable validated by the must be entirely written, dated, and signed by the hand of the
supervening of capacity. (n) testator
himself. It is subject to no other form, and may be made in or
Article 802. A married woman may make a will without the out of the Philippines, and need not be witnessed. (678, 688a)
consent of her husband, and without the authority of the court.
B. Notarial Wills
(n)

Article 803. A married woman may dispose by will of all her 1. General requirements.
separate property as well as her share of the conjugal Article 804. Every will must be in writing and executed in a
partnership or absolute community property. (n) language or dialect known to the testator. (n)
B. Supervening incapacity Suroza v. Honrado, 110 SCRA 388
- A will written in a language not known to the testator is void.
Article 801. Supervening incapacity does not invalidate an
It runs contrary to the mandatory provision of Article 804 of
effective will, nor is the will of an incapable validated by the
the Civil Code that every will must be executed in a language
supervening of capacity. (n)
or dialect known to the testator.
- In the opening paragraph of the will, it was stated that English
was a language “understood and known” to the testatrix. But in
Baltazar v. Laxa, G.R. No. 174489, April 11, 2012
its concluding paragraph, it was stated that the will was read to
- The burden of proving the testator’s incapacity lies on
the testatrix “and translated into Filipino language.”
those who assail the validity of his will. It must be
proven with clear and convincing evidence and not just
bare allegation of forgetfulness.
2. Specific requirements.

Article 805. Every will, other than a holographic will, must be

IV. SOLEMNITIES OF WILLS
A. Kinds of Wills. Arts. 804, 810 subscribed at 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 attested and subscribed by
three or more credible witnesses in the presence of the testator - A cross cannot be taken as the signature of the
and of one another. testator absent proof unless it is his usual signature.
- The cross was not proven to be the signature of the
The testator or the person requested by him to write his name testator.
and the instrumental witnesses of the will, shall also sign, as
aforesaid, each and every page thereof, except the last, on the Balonan v. Abellana, 109 Phil. 358
- The law requires that the testator himself sign the will,
left margin, and all the pages shall be numbered correlatively
or if he cannot do so, the testator's name must be
in letters placed on the upper part of each page. written by some other person in his presence and by his
express direction.
The attestation shall state the number of pages used upon
- The present law, Article 805 of the Civil Code, in part
which the will is written, and the fact that the testator signed
provides as follows: “Every will, other than a
the will and every page thereof, or caused some other person to
holographic will, must be subscribed at the end thereof
write his name, under his express direction, in the presence of
by the testator himself or by the testator's name written
the instrumental witnesses, and that the latter witnessed and
by some other person in his presence, and by his
signed the will and all the pages thereof in the presence of the
express direction, and attested and subscribed by three
testator and of one another.
or more credible witness in the presence of the testator
If the attestation clause is in a language not known to the and of one another.”
witnesses, it shall be interpreted to them. (n) - Note that the old law as well as the new requires that
the testator himself sign the will, or if he cannot do so,
Article 806. Every will must be acknowledged before a notary the testator's name must be written by some other
public by the testator and the witnesses. The notary public shall person in his presence and by his express direction.
not be required to retain a copy of the will, or file another with
the office of the Clerk of Court.(n) Nera v. Rimando, 18 Phil. 450
- The true test of presence of the testator and the
witnesses in the execution of a will is not whether they
actually saw each other sign, but whether they might
Garcia v. Lacuesta, 90 Phil. 489 have been seen each other sign, had they chosen to do
- An attestation clause must state that another person so, considering their mental and physical condition and
wrote the testator’s name under the latter’s express position with relation to each other at the moment of
direction. inscription of each signature. The position of the
parties with relation to each other at the moment of the
subscription of each signature, must be such that they In re Enrique Lopez. Lopez v. Lopez, G.R. No. 189984,
may see each other sign if they choose to do so. November 12, 2012
- The law is clear that the attestation must state the
Taboada v. Rosal, 118 SCRA 195 number of pages used upon which the will is written. The
- When the testator signs at the left hand margin of purpose of the law is to safeguard against possible interpolation
the last page instead of the attestation clause, it is or omission of one or some of its pages and prevent any
considered an unsubstantial defect which must be increase or decrease in the pages. It held that while Article 809
ignored in order to fulfill the wishes of the decedent. of the same Code requires mere substantial compliance of the
form in Article 805, the rule only applies if the number of
Defects: pages is reflected somewhere else in the will with no evidence
1. No indication of total number of pages = disposition aliunde or extrinsic evidence required. While the
stated total number of pages; acknowledgment portion stated that the will consists of 7 pages
2. Signature of testatrix at the left hand margin and not including the page on which the ratification and
at the end = it is an unsubstantial defect which may be acknowledgment are written, the RTC observed that it has 8
ignored. pages including the acknowledgment portion. As such, it
disallowed the will for not having been executed and attested in
accordance with law.
Echavez v. Dozen Construction, G.R. No.
192916, October 11, 2010 Icasiano v. Icasiano, 11 SCRA 422
- An acknowledgment is made by one executing a - The prevailing policy is to require satisfaction of
deed, declaring before a competent officer or court that the legal requirements in order to guard against fraud
the deed or act is his own. On the other hand, the and bad faith but without undue or unnecessary
attestation of a will refers to the act of the instrumental curtailment of testamentary privilege.
witnesses themselves who certify to the execution of - The inadvertent failure of one witness to affix his
the instrument before them and to the manner of its signature to one page of a testament, due to the
execution. simultaneous lifting of two pages in the course of
- An attestation must state all the details the third signing, is not per se sufficient to justify denial of
paragraph of Article 805 requires. In the absence of the probate. Impossibility of substitution of this page is
required avowal by the witnesses themselves, no assured not only the fact that the testatrix and two
attestation clause can be deemed embodied in the other witnesses did sign the defective page, but also by
Acknowledgement of the Deed of Donation Mortis its bearing the coincident imprint of the seal of the
Causa. notary public before whom the testament was ratified
by testatrix and all three witnesses.
 - The law should not be so strictly and literally - If the will bears no required documentary stamp, the
interpreted as to penalize the testatrix on account of the court should not dismiss the probation of a will but
inadvertence of a single witness over whose conduct rather require the petitioner to affix the required
she had no control, where the purpose of the law to documentary stamp to the notarial acknowledgment of
guarantee the identity of the testament and its the will.
component pages is sufficiently attained, no intentional
or deliberate deviation existed, and the evidence on Javellana v. Ledesma, 97 Phil. 258
record attests to the full observance of the statutory - The New Civil Code does not require that the
requisites. The prevailing policy is to require signing of the testator, witnesses and the notary be
satisfaction of the legal requirements in order to guard accomplished in one single act. All that is required is that every
against fraud and bad faith but without undue or will must be acknowledged before a notary public by the
unnecessary curtailment of testamentary privilege. testator and witnesses.
- The law should not be so strictly and literally
interpreted as to penalize the testatrix on account of the
inadvertence of a single witness over whose conduct
she had no control, where the purpose of the law to Witnesses to a will
guarantee the identity of the testament and its
component pages is sufficiently attained, no intentional a. Who are competent?
or deliberate deviation existed, and the evidence on
record attests to the full observance of the statutory Article 820. Any person of sound mind and of the age
requisites. The prevailing policy is to require of eighteen years or more, and not blind, deaf or dumb,
satisfaction of the legal requirements in order to guard and able to read and write, may be a witness to the
against fraud and bad faith but without undue or execution of a will mentioned in article 805 of this
unnecessary curtailment of testamentary privilege.
Code. (n)
Cruz v. Villasor, 54 SCRA, 31 Article 821. The following are disqualified from being
- The notary public before whom the will was
witnesses to a will:
acknowledged cannot be considered as the third instrumental
witness since he cannot acknowledge before himself his having (1) Any person not domiciled in the Philippines;
signed the will.
(2) Those who have been convicted of falsification of a
Gabucan v. Manta, 95 SCRA 752 document, perjury or false testimony. (n)
Article 824. A mere charge on the estate of the testator designate two persons to read it and communicate to him, in
for the payment of debts due at the time of the testator's some practicable manner, the contents thereof. (n)
death does not prevent his creditors from being
competent witnesses to his will. (n) Article 808. If the testator is blind, the will shall be read to him
twice; once, by one of the subscribing witnesses, and again, by
b. Supervening incompetency. the notary public before whom the will is acknowledged. (n)

Article 822. If the witnesses attesting the execution of a Garcia v. Vasquez, 32 SCRA 489
will are competent at the time of attesting, their - Art. 808 of the NCC provides that: “if the testator is
becoming subsequently incompetent shall not prevent blind, the will shall be read to him twice; once by one
the allowance of the will. (n) of the subscribing witnesses, and again by the notary
public before whom the will is acknowledged.” The
rationale behind the requirement of reading the will to
c. Competency of interested witness. the testator if he is blind or incapable of reading is to
make the provisions thereof known to him, so that he
Article 823. If a person attests the execution of a will, may able to object if they are not in accordance with his
to whom or to whose spouse, or parent, or child, a wishes. The aim of the law is to ensure that the
devise or legacy is given by such will, such devise or dispositions of the will are properly communicated to
and understood by the handicapped testator, thus,
legacy shall, so far only as concerns such person, or
making them truly reflective of his desire.
spouse, or parent, or child of such person, or any one
claiming under such person or spouse, or parent, or
child, be void, unless there are three other competent 4. Substantial Compliance.
witnesses to such will. However, such person so
Article 809. In the absence of bad faith, forgery, or fraud, or
attesting shall be admitted as a witness as if such devise
undue and improper pressure and influence, defects and
or legacy had not been made or given. (n)
imperfections in the form of attestation or in the language used
3. Special Requirements for deaf, deaf-mute & blind therein shall not render the will invalid if it is proved that the
testators. will was in fact executed and attested in substantial compliance
with all the requirements of article 805. (n)
Article 807. If the testator be deaf, or a deaf-mute, he must
personally read the will, if able to do so; otherwise, he shall
C. Holographic Wills - As a general rule only parts which are under erasures,
1. General requirements. corrections, and interlineations made by the testator in a
holographic will litem not been noted under his
Article 804. Every will must be in writing and executed signature shall be deemed void, HOWEVER if those
in a language or dialect known to the testator. (n) particular words are erased or corrected if made void
would not leave the will with anything to stand on, is
2. Specific requirements. shall be void as a whole.

Article 810. A person may execute a holographic will which

must be entirely written, dated, and signed by the hand of the V. INCORPORATION OF DOCUMENT BY
testator himself. It is subject to no other form, and may be REFERENCE.
made in or out of the Philippines, and need not be witnessed.
(678, 688a) Article 827. If a will, executed as required by this Code,
incorporates into itself by reference any document or paper,
Article 812. In holographic wills, the dispositions of the
such document or paper shall not be considered a part of the
testator written below his signature must be dated and signed
by him in order to make them valid as testamentary will unless the following requisites are present:
dispositions. (n)
(1) The document or paper referred to in the will must be in
Article 813. When a number of dispositions appearing in a existence at the time of the execution of the will;
holographic will are signed without being dated, and the last
(2) The will must clearly describe and identify the same,
disposition has a signature and a date, such date validates the
dispositions preceding it, whatever be the time of prior stating among other things the number of pages thereof;
dispositions. (n)
(3) It must be identified by clear and satisfactory proof as the
document or paper referred to therein; and
Roxas v. De Jesus, 134 SCRA 245
- A date containing the month and year, without (4) It must be signed by the testator and the witnesses on each
indicating the specific day, is valid compliance with art and every page, except in case of voluminous books of account
810 (holographic will must be dated) there being no or inventories. (n)
appearance of fraud, bad faith, undue influence and
pressure.
VI. CODICILS
Kalaw v. Relova, 132 SCRA 237
 A. Definition. Art. 825, 830 VII. REVOCATION OF WILLS AND
TESTAMENTARY DISPOSITIONS
Article 825. A codicil is supplement or addition to a will, made
after the execution of a will and annexed to be taken as a part
thereof, by which disposition made in the original will is A. Definition of revocation
explained, added to, or altered. (n)
B. When may revocation be effected.
Article 830. No will shall be revoked except in the following
cases: Article 828. A will may be revoked by the testator at any time
before his death. Any waiver or restriction of this right is void.
(1) By implication of law; or (737a)

(2) By some will, codicil, or other writing executed as provided C. Law governing revocation.
in case of wills; or
Article 829. A revocation done outside the Philippines, by a
(3) By burning, tearing, cancelling, or obliterating the will with person who does not have his domicile in this country, is valid
the intention of revoking it, by the testator himself, or by some when it is done according to the law of the place where the will
other person in his presence, and by his express direction. If was made, or according to the law of the place in which the
burned, torn, cancelled, or obliterated by some other person, testator had his domicile at the time; and if the revocation takes
without the express direction of the testator, the will may still place in this country, when it is in accordance with the
be established, and the estate distributed in accordance provisions of this Code. (n)
therewith, if its contents, and due execution, and the fact of its
unauthorized destruction, cancellation, or obliteration are D. Modes of revocation.
established according to the Rules of Court. (n) Article 830. No will shall be revoked except in the following
B. Solemnities. Art. 826 cases:

Article 826. In order that a codicil may be effective, it shall be (1) By implication of law; or
executed as in the case of a will. (n) (2) By some will, codicil, or other writing executed as provided
in case of wills; or
(3) By burning, tearing, cancelling, or obliterating the will with
the intention of revoking it, by the testator himself, or by some Casiano v. CA, 158 SCRA 451
other person in his presence, and by his express direction. If - In this case, while animus revocandi or the intention to
burned, torn, cancelled, or obliterated by some other person, revoke, may be conceded, for that is a state of mind, yet
without the express direction of the testator, the will may still the requisite alone would not suffice. Animus revocandi
be established, and the estate distributed in accordance is only one of the necessary elements for the effective
therewith, if its contents, and due execution, and the fact of its revocation of a last will and testament. The intention to
unauthorized destruction, cancellation, or obliteration are revoke must be accompanied by the overt physical act
established according to the Rules of Court. (n) of burning, tearing, obliterating, or cancelling the will
carried out by the testator or by another person in his
presence and under his express direction.
Gago v. Mamuyac, 49 Phil. 902 - There is paucity of evidence to show compliance with
- Where the will which cannot be found is shown these requirements. For one, the documents or papers
to have been in possession of the testator, when burned by Adriana’s maid, Guadalupe, was not
last seen, the presumption is, in the absence of satisfactorily established to be a will at all, much less
other competent evidence, that the same was the will of Adriana Maloto. For another, the burning
cancelled or destroyed; was not proven to be under the express direction of
- The fact that such cancellation or revocation has Adriana.
taken place must either remain unproved or be
inferred from evidence showing that after due E. Effect of revocation.
search the original will cannot be found.
- In view of the fact that the original will of 1919 Article 831. Subsequent wills which do not revoke the previous
could not be found after the death of the testator ones in an express manner, annul only such dispositions in the
Miguel Mamuyac and in view of the positive prior wills as are inconsistent with or contrary to those
proof that the same had been cancelled, the contained in the later wills. (n)
Court is of the conclusion that the will presented
for probate had been cancelled by the testator in Article 832. A revocation made in a subsequent will shall take
1920. effect, even if the new will should become inoperative by
- Duplicate copy of a will may be admitted in
reason of the incapacity of the heirs, devisees or legatees
evidence when it is made to appear that the
original has been lost and was not cancelled or designated therein, or by their renunciation. (740a)
destroyed by the testator.
Article 833. A revocation of a will based on a false cause or an
illegal cause is null and void. (n)
Article 834. The recognition of an illegitimate child does not Article 837. If after making a will, the testator makes a second
lose its legal effect, even though the will wherein it was made will expressly revoking the first, the revocation of the second
should be revoked. (741) will does not revive the first will, which can be revived only by
another will or codicil. (739a)
Molo v. Molo, 90 Phil. 3
- This doctrine is known as that of dependent relative
revocation, and is usually applied here the testator
cancels or destroys a will or executes an instrument IX. ALLOWANCE OF WILLS.
intended to revoke a will with a present intention to
make a new testamentary disposition as a substitute for Article 838. No will shall pass either real or personal property
the old, and the new disposition is not made or, if made, unless it is proved and allowed in accordance with the Rules of
fails of effect for same reason. The doctrine is limited Court.
to the existence of some other document, however, and
has been applied where a will was destroyed as a The testator himself may, during his lifetime, petition the court
consequence of a mistake of law. having jurisdiction for the allowance of his will. In such case,
- Revocation of the first will, will be conditional and the pertinent provisions of the Rules of Court for the allowance
dependent upon the efficacy of the new disposition; and
of wills after the testator's a death shall govern.
if, for any reason, the new will intended to be made as a
substitute is inoperative, the revocation fails and the The Supreme Court shall formulate such additional Rules of
original will remains in full force.
Court as may be necessary for the allowance of wills on
F. Doctrine of Dependent Relative Revocation petition of the testator.

VIII. REPUBLICATION AND REVIVAL OF WILLS Subject to the right of appeal, the allowance of the will, either
during the lifetime of the testator or after his death, shall be
Article 835. The testator cannot republish, without reproducing conclusive as to its due execution. (n)
in a subsequent will, the dispositions contained in a previous
one which is void as to its form. (n)
A. Concept of probate
Article 836. The execution of a codicil referring to a previous
Agtarap v. Agtarap, G.R. No. 177099 and 177192,
will has the effect of republishing the will as modified by the
June 8, 2011
codicil. (n) - GEN RULE: The jurisdiction of the trial
court, either as a probate or an intestate court,
relates only to matters having to do with the B. Necessity of probate
probate of the will and/or settlement of the
estate of deceased persons, but does not extend De Borja v. De Borja, 46 SCRA 577
to the determination of questions of ownership - Probate of a will is MANDATORY when the
that arise during the proceedings. heirs SETTLE and DISTRIBUTE the estate of
- As held in several cases, a probate court or the decedent.
one in charge of estate proceedings, whether - Probate of will is NOT NECESSARY in the
testate or intestate, cannot adjudicate or CONVEYANCE of SHARE as a hereditary
determine title to properties claimed to be a part share in a decedent’s estate is transmitted or
of the estate. All that the said court could do as vested immediately from the moment of the
regards said properties is to determine whether death of such predecessor in interest.
or not they should be included in the inventory - Probate of will is NOT NECESSARY in the
of properties to be administered by the CONVEYANCE of share belonging to a
administrator. compulsory heir; the compulsory heir’s
- EXCEPTIONS: (1) the probate court may successional interest exists independent of the
provisionally pass upon in an intestate or a will and would exist even if such will were not
testate proceeding the question of inclusion in, probated at all.
or exclusion from, the inventory of a piece of - A hereditary share in a decedent’s estate is
property w/o prejudice to the final determination transmitted or vested immediately from the
of ownership in a separate action; (2) if the moment of the death of the decedent (w/
interested parties are all heirs to estate, or the requisite contracting capacity) disposing of
question is one of collation or advancement, or his/her hereditary share immediately after such
the parties consent to the assumption of death, even if the actual extent of such share is
jurisdiction by the probate court and the rights not determined until the subsequent liquidation
of third parties are not impaired, then the of the estate.
probate court is competent to resolve issues on - It is likewise worthy of note in this
ownership. connection that as the surviving spouse of
Francisco de Borja, Tasiana Ongsingco was his
compulsory heir under article 995 of the NCC.
 C. Modes of probate Rodelas v. Aranza, 119 SCRA 16
- Pursuant to Art. 811 of the Civil Code, probate of
D. Requirements for probate. holographic will is the allowance of the will by the
court after its due execution has been proved.
Article 811. In the probate of a holographic will, it shall be - The probate may be uncontested or not. If
necessary that at least one witness who knows the handwriting uncontested, at least one identifying witness is required
and signature of the testator explicitly declare that the will and and, if not witness is available, experts may be resorted
the signature are in the handwriting of the testator. If the will is to. If contested, at least three identifying witnesses are
contested, at least three of such witnesses shall be required. required.
- However, if the holographic will has been
In the absence of any competent witness referred to in the lost/destroyed and no other copy is available, the will
preceding paragraph, and if the court deem it necessary, expert cannot be probated because the best and only evidence
is the handwriting of the testator in said will. It is
testimony may be resorted to. (619a)
necessary that there be a comparison between sample
Gan v. Yap, 104 Phil 509 handwritten statements of the testator and the
- The courts will not distribute the property of the handwritten will. But, a photostatic copy or xerox copy
deceased in accordance with his holographic will, of the holographic will may be allowed because
unless they are shown his handwriting and signature. comparison can be made with the standard writings of
- The execution and the contents of a lost/destroyed the testator.
holographic will may not be proved by the bare
testimony of witnesses who have seen and/or read such
will. Azaola v. Singson, 109 Phil. 102
- In the case of a lost will, the three subscribing - Whether the will is contested/not contested, Art.
witnesses would be testifying to a fact which they saw, 811 of the NCC cannot be interpreted as to require the
namely the act of the testator of subscribing the will; compulsory presentation of three witnesses to indentify
whereas in the case of a lost holographic will, the the handwriting of the testator, under penalty of having
witnesses would testify as to their opinion of the the probate denied.
handwriting which they allegedly saw, an opinion - The three-witness rule in Art. 811 (when contested)
which can not be tested in court, nor directly can be considered mandatory only in the case of
contradicted by the oppositors, because the handwriting ordinary testaments, precisely because the presence of
itself is not at hand. at least three witnesses at the execution of ordinary
wills is made by law essential to their validity (Art.
805). Where the will is holographic, no witness need be
present (Art. 810), and the rule requiring production of - Our rules require merely that the petition for the
three witnesses must be deemed merely permissive if allowance of a will must show, so far as known to the
absurd results are to be avoided. petitioner: (a) jurisdictional facts; (b) the names, ages,
and residences of the heirs, legatees, and devisees of the
Codoy v. Calugay, 312 SCRA 333 testator or decedent; (c) the probable value and
- Art. 811 is mandatory. The word “shall” in a statute character of the property of the estate; (d) the name of
commonly denotes an imperative obligation and is the person for whom letters are prayed; and (e) if the
inconsistent with the idea of discretion and that the will has not been delivered to the court, and the name of
presumption is that the word “shall,” when used in a the person having custody of it.
statute is mandatory.
E. Effect of allowance of wills

Uy Kiao Eng v. Nixon Lee, G.R. No. 176831, January Gallanosa .v. Arcangel, 83 SCRA 676
15, 2010 - The 1939 decree of probate is conclusive
- The remedy of mandamus cannot be availed of by a as to the due execution or formal validity of
person seeking for the production of the original copy the will. That means that the testator was of
of a holographic will because there lies another plain, sound disposing mind at the time when he
speedy and adequate remedy in the ordinary course of executed the will and was not acting under
law by virtue of Rule 76, Sec. 1 and Rule 75, Secs. 2-5. duress, menace, fraud or undue influence;
that the will was signed by him, in the
presence of the required number of
Palaganas v. Palaganas, G.R. No. 169144, January 26, witnesses, and that the will is genuine and
2011 not a forgery. Accordingly, these facts
- Our laws do not prohibit the probate of wills cannot again be questioned in subsequent
executed by foreigners abroad although the same have proceeding, not even in a criminal action for
not as yet been probated and allowed in the countries of the forgery of will.
their execution. A foreign will can be given legal
effects in our jurisdiction. Art. 816 of the Civil Code De la Cerna v. Leonides, 129 SCRA 33
states that the will of an alien who is abroad produces
effect in the Philippines if made in accordance with the
formalities prescribed by the law of the place where he Roberts v. Leonides, 129 SCRA 33
resides, or according to the formalities observed in his - The probate of the will is mandatory. It
country. is anomalous that the estate of a person who
 died testate should be settled in an intestate (2) If the testator was insane, or otherwise mentally incapable
proceeding. Therefore, the intestate case of making a will, at the time of its execution;
should be consolidated with the testate
proceeding and the judge assigned to the (3) If it was executed through force or under duress, or the
testate proceeding should continue hearing influence of fear, or threats;
two case.
(4) If it was procured by undue and improper pressure and
Nepomuceno v. Ca, 139 SCRA 206 influence, on the part of the beneficiary or of some other
- Citing Nuguid v. Nuguid: “In view of person;
certain unusual provisions of the will, which
are of dubious legality, and because of the (5) If the signature of the testator was procured by fraud;
motion to withdraw the petition for probate,
the trial court acted correctly in passing (6) If the testator acted by mistake or did not intend that the
upon the will’s intrinsic validity even before instrument he signed should be his will at the time of affixing
its formal validity had been established. The his signature thereto. (n)
probate of a will might become an idle
ceremony if on its face, it appears to be
intrinsically void. Article 1335. There is violence when in order to wrest consent,
- Where practical considerations demand
serious or irresistible force is employed.
that the intrinsic validity of the will be
passed upon, even before it is probated, the There is intimidation when one of the contracting parties is
court should meet the issue.
compelled by a reasonable and well-grounded fear of an
imminent and grave evil upon his person or property, or upon
X. DISALLOWANCE OF WILLS. the person or property of his spouse, descendants or
ascendants, to give his consent.
Article 839. The will shall be disallowed in any of the
following cases: To determine the degree of intimidation, the age, sex and
condition of the person shall be borne in mind.
(1) If the formalities required by law have not been complied
with; A threat to enforce one's claim through competent authority, if
the claim is just or legal, does not vitiate consent. (1267a)
Article 1337. There is undue influence when a person takes least were so situated at the moment that they could
improper advantage of his power over the will of another, have seen each other sign, had they wanted to do so.
depriving the latter of a reasonable freedom of choice. The
XI. LEGITIME
following circumstances shall be considered: the confidential,
family, spiritual and other relations between the parties, or the A. Concept. Art. 886
fact that the person alleged to have been unduly influenced was
suffering from mental weakness, or was ignorant or in financial Article 886. Legitime is that part of the testator's property
distress. (n) which he cannot dispose of because the law has reserved it for
certain heirs who are, therefore, called compulsory heirs. (806)

Article 1338. There is fraud when, through insidious words or

machinations of one of the contracting parties, the other is Rosales v. Rosales, 148 SCRA 69
induced to enter into a contract which, without them, he would A surviving spouse is not an intestate heir of his or her parent-
not have agreed to. (1269) in-law. Surviving spouse is a third party in the estate of a
parent-in-law.
Pascual v. de la Cruz, 28 SCRA 421
- Contradictions and inconsistencies appearing in Intestate or legal heirs are classified into 2 groups: (1) those
the testimonies of the witnesses and the notary, who inherit by their own right, and (2) those who inherit by the
pointed out by the oppositors-appellants, relate to right of representation (article 981). The basis for right of
unimportant details of the impressions of the representation is blood relationship.
witnesses about certain details which could have
been affected by the lapse of time and the treachery
of human memory, and which inconsistencies, by B. Who are entitled to legitimes: Compulsory
themselves, would not alter the probative value of heirs.
their testimonies on the due execution of the will.
- For purposes of determining the due execution of Article 887. The following are compulsory heirs:
a will, it is not necessary that the instrumental
witnesses should give an accurate and detailed (1) Legitimate children and descendants, with respect to their
account of the proceeding, such as recalling the legitimate parents and ascendants;
order of the signing of the document by the said
witnesses. It is sufficient that they have seen or at
(2) In default of the foregoing, legitimate parents and The latter may freely dispose of the remaining half, subject to
ascendants, with respect to their legitimate children and the rights of illegitimate children and of the surviving spouse as
descendants; hereinafter provided. (808a)

(3) The widow or widower; Article 889. The legitime of legitimate parents or ascendants
consists of one-half of the hereditary estates of their children
(4) Acknowledged natural children, and natural children by and descendants.
legal fiction;
The children or descendants may freely dispose of the other
(5) Other illegitimate children referred to in article 287. half, subject to the rights of illegitimate children and of the
Compulsory heirs mentioned in Nos. 3, 4, and 5 are not surviving spouse as hereinafter provided. (809a)
excluded by those in Nos. 1 and 2; neither do they exclude one Article 890. The legitime reserved for the legitimate parents
another. shall be divided between them equally; if one of the parents
In all cases of illegitimate children, their filiation must be duly should have died, the whole shall pass to the survivor.
proved. If the testator leaves neither father nor mother, but is survived
The father or mother of illegitimate children of the three by ascendants of equal degree of the paternal and maternal
classes mentioned, shall inherit from them in the manner and to lines, the legitime shall be divided equally between both lines.
the extent established by this Code. (807a) If the ascendants should be of different degrees, it shall pertain
entirely to the ones nearest in degree of either line. (810)
Article 902. The rights of illegitimate children set forth in the
preceding articles are transmitted upon their death to their Art. 892. If only one legitimate child or descendant of the
descendants, whether legitimate or illegitimate. (843a) deceased survives, the widow or widower shall be entitled to
one-fourth of the hereditary estate. In case of a legal separation,
the surviving spouse may inherit if it was the deceased who
C. Concurrence of compulsory heirs and their had given cause for the same.
corresponding legitimes.
If there are two or more legitimate children or descendants, the
Article 888. The legitime of legitimate children and surviving spouse shall be entitled to a portion equal to the
descendants consists of one-half of the hereditary estate of the legitime of each of the legitimate children or descendants.
father and of the mother.
In both cases, the legitime of the surviving spouse shall be legitime of the surviving spouse must first be fully
taken from the portion that can be freely disposed of by the satisfied. (840a)
testator. (834a)
Art. 896. Illegitimate children who may survive with legitimate
Art. 893. If the testator leaves no legitimate descendants, but parents or ascendants of the deceased shall be entitled to one-
leaves legitimate ascendants, the surviving spouse shall have a fourth of the hereditary estate to be taken from the portion at
right to one-fourth of the hereditary estate. the free disposal of the testator. (841a)

This fourth shall be taken from the free portion of the Art. 897. When the widow or widower survives with legitimate
estate. (836a) children or descendants, and acknowledged natural children, or
natural children by legal fiction, such surviving spouse shall be
Art. 894. If the testator leaves illegitimate children, the entitled to a portion equal to the legitime of each of the
surviving spouse shall be entitled to one-third of the hereditary legitimate children which must be taken from that part of the
estate of the deceased and the illegitimate children to another estate which the testator can freely dispose of. (n)
third. The remaining third shall be at the free disposal of the
testator. (n) Art. 898. If the widow or widower survives with legitimate
children or descendants, and with illegitimate children other
Art. 895. The legitime of each of the acknowledged natural than acknowledged natural, or natural children by legal fiction,
children and each of the natural children by legal fiction shall the share of the surviving spouse shall be the same as that
consist of one-half of the legitime of each of the legitimate provided in the preceding article. (n)
children or descendants.
Art. 899. When the widow or widower survives with legitimate
The legitime of an illegitimate child who is neither an parents or ascendants and with illegitimate children, such
acknowledged natural, nor a natural child by legal fiction, shall surviving spouse shall be entitled to one-eighth of the
be equal in every case to four-fifths of the legitime of an hereditary Art. 892. If only one legitimate child or descendant
acknowledged natural child. of the deceased survives, the widow or widower shall be
The legitime of the illegitimate children shall be taken from the entitled to one-fourth of the hereditary estate. In case of a legal
portion of the estate at the free disposal of the testator, separation, the surviving spouse may inherit if it was the
provided that in no case shall the total legitime of such deceased who had given cause for the same.
illegitimate children exceed that free portion, and that the
If there are two or more legitimate children or descendants, the descendants, nor a surviving spouse, nor illegitimate children,
surviving spouse shall be entitled to a portion equal to the is one-half of the hereditary estate of such illegitimate child. If
legitime of each of the legitimate children or descendants. only legitimate or illegitimate children are left, the parents are
not entitled to any legitime whatsoever. If only the widow or
In both cases, the legitime of the surviving spouse shall be widower survives with parents of the illegitimate child, the
taken from the portion that can be freely disposed of by the legitime of the parents is one-fourth of the hereditary estate of
testator. (834a) the child, and that of the surviving spouse also one-fourth of
Art. 900. If the only survivor is the widow or widower, she or the estate. (n)
he shall be entitled to one-half of the hereditary estate of the Article 39. The following circumstances, among others, modify
deceased spouse, and the testator may freely dispose of the or limit capacity to act: age, insanity, imbecility, the state of
other half. (837a) being a deaf-mute, penalty, prodigality, family relations,
If the marriage between the surviving spouse and the testator alienage, absence, insolvency and trusteeship. The
was solemnized in articulo mortis, and the testator died within consequences of these circumstances are governed in this
three months from the time of the marriage, the legitime of the Code, other codes, the Rules of Court, and in special laws.
surviving spouse as the sole heir shall be one-third of the Capacity to act is not limited on account of religious belief or
hereditary estate, except when they have been living as political opinion.
husband and wife for more than five years. In the latter case, A married woman, twenty-one years of age or over, is qualified
the legitime of the surviving spouse shall be that specified in for all acts of civil life, except in cases specified by law. (n)
the preceding paragraph. (n)

Art. 901. When the testator dies leaving illegitimate children **P.D. No. 603**
and no other compulsory heirs, such illegitimate children shall
have a right to one-half of the hereditary estate of the deceased. D. Restrictions regarding the legitime.

The other half shall be at the free disposal of the testator. Article 904. The testator cannot deprive his compulsory heirs
(842a) of their legitime, except in cases expressly specified by law.

Article 903. The legitime of the parents who have an

illegitimate child, when such child leaves neither legitimate
Neither can he impose upon the same any burden, No contract may be entered into upon future inheritance except
encumbrance, condition, or substitution of any kind in cases expressly authorized by law.
whatsoever. (813a)
All services which are not contrary to law, morals, good
Article 872. The testator cannot impose any charge, condition, customs, public order or public policy may likewise be the
or substitution whatsoever upon the legitimes prescribed in this object of a contract. (1271a)
Code. Should he do so, the same shall be considered as not
imposed. (813a) Santiago v. Santiago, et. al., G.R. 179859, August 9,
2010
Article 905. Every renunciation or compromise as regards a
Restrictions regarding legitimes Note: This case is primarily
future legitime between the person owing it and his focused on res judicata, it barely touched upon restrictions.
compulsory heirs is void, and the latter may claim the same
upon the death of the former; but they must bring to collation While the intention of the decedent is clear that the property be
whatever they may have received by virtue of the renunciation owned in common, the condition set is subject to statutory
or compromise. (816) limitation regarding indivisibility.

Article 906. Any compulsory heir to whom the testator has left
by any title less than the legitime belonging to him may E. Determination or computation.
demand that the same be fully satisfied. (815)
Article 908. To determine the legitime, the value of the
Article 907. Testamentary dispositions that impair or diminish property left at the death of the testator shall be considered,
the legitime of the compulsory heirs shall be reduced on deducting all debts and charges, which shall not include those
petition of the same, insofar as they may be inofficious or imposed in the will.
excessive. (817)
To the net value of the hereditary estate, shall be added the
value of all donations by the testator that are subject to
Article 1347. All things which are not outside the commerce of collation, at the time he made them. (818a)
men, including future things, may be the object of a contract.
Article 909. Donations given to children shall be charged to
All rights which are not intransmissible may also be the object
their legitime.
of contracts.
Donations made to strangers shall be charged to that part of the (3) If the devise or legacy consists of a usufruct or life annuity,
estate of which the testator could have disposed by his last will. whose value may be considered greater than that of the
disposable portion, the compulsory heirs may choose between
Insofar as they may be inofficious or may exceed the complying with the testamentary provision and delivering to
disposable portion, they shall be reduced according to the rules the devisee or legatee the part of the inheritance of which the
established by this Code. (819a) testator could freely dispose. (820a)
Article 910. Donations which an illegitimate child may have Article 912. If the devise subject to reduction should consist of
received during the lifetime of his father or mother, shall be real property, which cannot be conveniently divided, it shall go
charged to his legitime. to the devisee if the reduction does not absorb one-half of its
Should they exceed the portion that can be freely disposed of, value; and in a contrary case, to the compulsory heirs; but the
they shall be reduced in the manner prescribed by this Code. former and the latter shall reimburse each other in cash for
(847a) what respectively belongs to them.

Article 911. After the legitime has been determined in The devisee who is entitled to a legitime may retain the entire
accordance with the three preceding articles, the reduction shall property, provided its value does not exceed that of the
be made as follows: disposable portion and of the share pertaining to him as
legitime. (821)
(1) Donations shall be respected as long as the legitime can be
covered, reducing or annulling, if necessary, the devises or Article 913. If the heirs or devisees do not choose to avail
legacies made in the will; themselves of the right granted by the preceding article, any
heir or
(2) The reduction of the devises or legacies shall be pro rata,
without any distinction whatever. devisee who did not have such right may exercise it; should the
latter not make use of it, the property shall be sold at public
If the testator has directed that a certain devise or legacy be auction at the instance of any one of the interested parties.
paid in preference to others, it shall not suffer any reduction (822)
until the latter have been applied in full to the payment of the
legitime.
 COLLATION. the testator has provided otherwise, in which case his
wishes must be respected, if the legitime of the co-heirs
Article 1061. Every compulsory heir, who succeeds is not prejudiced. (1038)
with other compulsory heirs, must bring into the mass
of the estate any property or right which he may have Article 1065. Parents are not obliged to bring to collation in the
received from the decedent, during the lifetime of the inheritance of their ascendants any property which may have
latter, by way of donation, or any other gratuitous title, been donated by the latter to their children. (1039)
in order that it may be computed in the determination of
the legitime of each heir, and in the account of the Article 1066. Neither shall donations to the spouse of the child
partition. (1035a) be brought to collation; but if they have been given by the
parent to the spouses jointly, the child shall be obliged to bring
Article 1062. Collation shall not take place among to collation one-half of the thing donated. (1040)
compulsory heirs if the donor should have so expressly
provided, or if the donee should repudiate the Article 1067. Expenses for support, education, medical
inheritance, unless the donation should be reduced as attendance, even in extraordinary illness, apprenticeship,
inofficious. (1036) ordinary equipment, or customary gifts are not subject to
collation. (1041)
Article 1063. Property left by will is not deemed subject
to collation, if the testator has not otherwise provided, Article 1068. Expenses incurred by the parents in giving their
but the legitime shall in any case remain unimpaired. children a professional, vocational or other career shall not be
(1037) brought to collation unless the parents so provide, or unless
they impair the legitime; but when their collation is required,
Article 1064. When the grandchildren, who survive the sum which the child would have spent if he had lived in the
with their uncles, aunts, or cousins, inherit from their house and company of his parents shall be deducted therefrom.
grandparents in representation of their father or mother, (1042a)
they shall bring to collation all that their parents, if
alive, would have been obliged to bring, even though Article 1069. Any sums paid by a parent in satisfaction of the
such grandchildren have not inherited the property. debts of his children, election expenses, fines, and similar
expenses shall be brought to collation. (1043a)
They shall also bring to collation all that they may have
received from the decedent during his lifetime, unless
Article 1070. Wedding gifts by parents and ascendants De Roma v. CA, 152 SCRA 205
consisting of jewelry, clothing, and outfit, shall not be reduced There is nothing in the provisions of the will which
as inofficious except insofar as they may exceed one-tenth of expressly prohibits the collation of donated properties.
The phrase describing the donation as irrevocable
the sum which is disposable by will. (1044)
should not be construed as an express prohibition
Article 1071. The same things donated are not to be brought to against collation. Art. 1062 of the Civil Code provides
that collation shall not take place if the donor should
collation and partition, but only their value at the time of
have expressly so provided. Anything less than such
thedonation, even though their just value may not then have express prohibition will not suffice under the clear
been assessed. language of Art. 1062
Their subsequent increase or deterioration and even their total Locsin v. CA, 206 SCRA 383
loss or destruction, be it accidental or culpable, shall be for the The right arising under certain circumstances to impugn and
benefit or account and risk of the donee. (1045a) compel the reduction or revocation of a decedent's gifts inter
vivos does not inure to the respondents since neither they nor
Arellano v. Pascual, G.R. No. 189776, December 15, 2010 the donees are compulsory (or forced) heirs.
Collation takes place when there are compulsory heirs, F. Freedom to dispose free portion.
one of its purposes being to determine the legitime and
the free portion. If there is no compulsory heir, there is Article 914. The testator may devise and bequeath the
no legitime to be safeguarded. free portion as he may deem fit. (n)
Gregorio v. Madarang, G.R. No. 185226, February
11, 2010
Even if the heirs have agreed to exclude property from
the estate, Art. 1061 of the Civil Code must be Principles Affecting Legitime
followed. (Heirs can’t decide on their own what is
included and what is not) XII. PRETERITION.

Dizon-Rivera v. Dizon, 33 SCRA 554 Article 854. The preterition or omission of one, some, or all of
A will that includes the partition wishes of the testator the compulsory heirs in the direct line, whether living at the
as regards his/her estate is valid and binding among the time of the execution of the will or born after the death of the
compulsory heirs without prejudice to their legitime testator, shall annul the institution of heir; but the devises and
and cannot be subject to collation.
legacies shall be valid insofar as they are not inofficious.
If the omitted compulsory heirs should die before the testator, institution of the heirs be annulled, but only that her legitime be
the institution shall be effectual, without prejudice to the right completed.
of representation. (814a)
Nuguid v. Nuguid, 17 SCRA 449
Article 906. Any compulsory heir to whom the testator has left The declaration of a universal heir and the preterition of other
by any title less than the legitime belonging to him may heirs shall result in the nullification of the institution of heirs.
However, if the will does not contain any legacies or devises,
demand that the same be fully satisfied. (815)
then the will shall be a complete nullity as well.
Article 855. The share of a child or descendant omitted in a Reyes v. Barreto-Datu, 19 SCRA 85
will must first be taken from the part of the estate not disposed The legal precept (Article 1081) does not speak of children, or
of by the will, if any; if that is not sufficient, so much as may descendants, but of heirs (without distinction between forced,
be necessary must be taken proportionally from the shares of voluntary or intestate ones), and the fact that Salud happened
the other compulsory heirs. (1080a) not to be a daughter of Bibiano does not preclude her being one
of the heirs expressly named in his testament; for Bibiano
Article 918. Disinheritance without a specification of the cause, Barretto was at liberty to assign the free portion of his estate to
or for a cause the truth of which, if contradicted, is not proved, whomsoever he chose. While the share (½) assigned to Salud
impinged on the legitime of Milagros, Salud did not for that
or which is not one of those set forth in this Code, shall annul
reason cease to be a testamentary heir of Bibiano Barretto.
the institution of heirs insofar as it may prejudice the person
disinherited; but the devises and legacies and other Escuin v. Escuin, 11 Phil. 332
testamentary dispositions shall be valid to such extent as will In case of preterition of a compulsory heir, the will is only
not impair the legitime. (851a) annulled insofar as the legal portion of the said heir was
impaired. Legacies and betterments shall be valid, insofar as
Heirs of Policronio Ureta, Sr. v. Heirs of Liberato Ureta, they are not illegal.
G.R. No. 165748 and 165930, September 14, 2011
Preterition is a concept of testamentary succession and The testator wished to dispose property in his will, designating
therefore requires a will. as heirs his natural father, Francisco Escuin, and his wife,
Maria Teresa Ponce de Leon, all together ignoring his
Aznar v. Duncan, 17 SCRA 590 recognized natural child who is the general heir of the late
Since the decedent left the “preterited” heir a legacy, then this Emilio Escuin. In view thereof, and for the reason that he
case is not a case of preterition. The heir could not that the exceeded his rights, the said designation of heirs became void
insofar as it impaired the right of his general heir and deprived
him of his legal portions; that the will, however, is valid with Edroso v. Sablan, 25 Phil. 295
respect to the 2/3 of the property which the testator freely Upon the death of Victoriano Sablan, he left his son Pedro two
disposed of. parcels of land. Subsequently, Pedro died without issue and the
properties were inherited by his mother, Marcelina. Marcelina
Balanay v. Martinez, 64 SCRA 452 filed a petition to register the said properties under her name.
The preterition of the surviving spouse does not entirely annul Two legitimate brothers of Victoriano opposed the registration.
the institution of heir as he is not a compulsory heir in the The trial court denied the application. Hence, this petition.
direct line. The institution is only partially annulled, by
reducing the rights of the instituted heir to the extent necessary
to cover the legitime of the omitted surviving spouse. This Seines v. Esparcia, 1 SCRA 750
differs from the preterition of compulsory heirs in the direct The reservista has the legal title and dominion to the
line, which produces total intestacy, saving devisees and reservable property but subject to a resolutory
legacies. condition; that he is like a life usufructuary of the
reservable property; that he may alienate the same but
Solano v. CA, 126 SCRA 122 subject to reservation, said alienation transmitting only
the revocable and conditional ownership of the
reservists, the rights acquired by the transferee being
Acain v. CA, 155 SCRA 100 revoked or resolved by the survival of reservatarios at
(1) Even if the surviving spouse is a compulsory heir, there is the time of the death of the reservista
no preterition even if she is omitted from the inheritance, for
she is not in the direct line.  (2) Adoption gives to the adopted Florentino v. Florentino, 40 Phil. 480
person the same rights and duties as if he were a legitimate Reservable property left, through a will or otherwise, by the
child of the adopter and makes the adopted person a legal heir death of ascendant (reservista) together with his own property in
of the adopter. favor of another of his descendants as forced heir, forms no part
of the latter's lawful inheritance nor of the legitime, for the
XIII. RESERVA TRONCAL. reason that, as said property continued to be reservable, the heir
Article 891. The ascendant who inherits from his descendant receiving the same as an inheritance from his ascendant has the
any property which the latter may have acquired by gratuitous strict obligation of its delivery to the relatives, within the third
title from another ascendant, or a brother or sister, is obliged to degree, of the predecessor in interest (prepositus), without
reserve such property as he may have acquired by operation of prejudicing the right of the heir to an aliquot part of the
law for the benefit of relatives who are within the third degree property, if he has at the same time the right of a reservatario
and who belong to the line from which said property came. (reservees).
(871)
- There is right of representation on the part of the Article 39. The following circumstances, among others, modify
reservatorios who are within the third degree mentioned or limit capacity to act: age, insanity, imbecility, the state of
by law, as in the case of nephews of the deceased being a deaf-mute, penalty, prodigality, family relations,
persons from whom the reservable property came. alienage, absence, insolvency and trusteeship. The
consequences of these circumstances are governed in this
Padura v. Baldovino, 104 Phil. 1065 Code, other codes, the Rules of Court, and in special laws.
While all relatives within the third degree, as a group Capacity to act is not limited on account of religious belief or
are called to succeed as reservees, as among themselves political opinion.
the rules of intestacy will apply, particularly Articles A married woman, twenty-one years of age or over, is qualified
1001, 1004, 1005, and 1009 in this case. In the case at for all acts of civil life, except in cases specified by law. (n)
bar, the Baldovinos being nephews of whole blood are
entitled to a share twice as large of the Paduras, who are Banawa v. Mirano, 97 SCRA 517
nephews of half blood.

Chua v.CFI, 78 SCRA 406 Teotico v. del Val, 13 SCRA 406

"The essential thing is that the person who transmits it does so Under our law the relationship by adoption is limited solely to
gratuitously, from pure generosity, without requiring from the the adopted and does not extend to the relatives of the adopting
transferee any prestation." parents or of the adopted child except only as expressly
provided for by law. Hence, no relationship is created between
As long as the transmission of the property to the heirs is free the adopted and the collaterals of the adopting parents. As a
from any condition imposed by the deceased himself and the consequence, the adopted is an heir of the adopter but not of
property is given out of pure generosity, it is gratuitous. the relatives of the adopted.

Gonzales v. CFI 104 SCRA 161 **P.D. No. 603**

The reservor cannot make a disposition mortis causa of
the reservable properties as long as the reservees XV. DISINHERITANCE. Arts. 915-923
survived the reservor.
Article 915. A compulsory heir may, in consequence of
De Papa v. Camacho, 144 SCRA 281 disinheritance, be deprived of his legitime, for causes expressly
stated by law. (848a)

XIV. RESERVA ADOPTIVA. Art. 39, PD 603

Article 916. Disinheritance can be effected only through a will (5) A refusal without justifiable cause to support the parent or
wherein the legal cause therefor shall be specified. (849) ascendant who disinherits such child or descendant;

Article 917. The burden of proving the truth of the cause for (6) Maltreatment of the testator by word or deed, by the child
disinheritance shall rest upon the other heirs of the testator, if or descendant;
the disinherited heir should deny it. (850)
(7) When a child or descendant leads a dishonorable or
Article 918. Disinheritance without a specification of the cause, disgraceful life;
or for a cause the truth of which, if contradicted, is not proved,
or which is not one of those set forth in this Code, shall annul (8) Conviction of a crime which carries with it the penalty of
the institution of heirs insofar as it may prejudice the person civil interdiction. (756, 853, 674a)
disinherited; but the devises and legacies and other
testamentary dispositions shall be valid to such extent as will Article 920. The following shall be sufficient causes for the
not impair the legitime. (851a) disinheritance of parents or ascendants, whether legitimate or
illegitimate:
Article 919. The following shall be sufficient causes for the
disinheritance of children and descendants, legitimate as well (1) When the parents have abandoned their children or induced
as illegitimate: their daughters to live a corrupt or immoral life, or attempted
against their virtue;
(1) When a child or descendant has been found guilty of an
attempt against the life of the testator, his or her spouse, (2) When the parent or ascendant has been convicted of an
descendants, or ascendants; attempt against the life of the testator, his or her spouse,
descendants, or ascendants;
(2) When a child or descendant has accused the testator of a
crime for which the law prescribes imprisonment for six years (3) When the parent or ascendant has accused the testator of a
or more, if the accusation has been found groundless; crime for which the law prescribes imprisonment for six years
or more, if the accusation has been found to be false;
(3) When a child or descendant has been convicted of adultery
or concubinage with the spouse of the testator; (4) When the parent or ascendant has been convicted of
adultery or concubinage with the spouse of the testator;
(4) When a child or descendant by fraud, violence,
intimidation, or undue influence causes the testator to make a
will or to change one already made;
(5) When the parent or ascendant by fraud, violence, (6) Unjustifiable refusal to support the children or the other
intimidation, or undue influence causes the testator to make a spouse. (756, 855, 674a)
will or to change one already made;
Article 922. A subsequent reconciliation between the offender
(6) The loss of parental authority for causes specified in this and the offended person deprives the latter of the right to
Code; disinherit, and renders ineffectual any disinheritance that may
have been made. (856)
(7) The refusal to support the children or descendants without
justifiable cause; Article 923. The children and descendants of the person
disinherited shall take his or her place and shall preserve the
(8) An attempt by one of the parents against the life of the rights of compulsory heirs with respect to the legitime; but the
other, unless there has been a reconciliation between them. disinherited parent shall not have the usufruct or administration
of the property which constitutes the legitime. (857)
(756, 854, 674a)

Article 921. The following shall be sufficient causes for Principles Affecting the Freely Disposable Portion
disinheriting a spouse:
XVI. INSTITUTION OF HEIRS
(1) When the spouse has been convicted of an attempt against
the life of the testator, his or her descendants, or ascendants; A. In General

(2) When the spouse has accused the testator of a crime for 1. Definition.
which the law prescribes imprisonment of six years or more,
and the accusation has been found to be false; Article 840. Institution of heir is an act by virtue of
which a testator designates in his will the person or
(3) When the spouse by fraud, violence, intimidation, or undue persons who are to succeed him in his property and
influence cause the testator to make a will or to change one transmissible rights and obligations. (n)
already made;
2. Requisites for valid institution of heirs.
(4) When the spouse has given cause for legal separation;
Article 785. The duration or efficacy of the designation
(5) When the spouse has given grounds for the loss of parental of heirs, devisees or legatees, or the determination of
authority; the portions which they are to take, when referred to by
name, cannot be left to the discretion of a third person. Article 843. The testator shall designate the heir by his
(670a) name and surname, and when there are two persons
having the same names, he shall indicate some
Article 787. The testator may not make a testamentary circumstance by which the instituted heir may be
disposition in such manner that another person has to known.
determine whether or not it is to be operative. (n)
Even though the testator may have omitted the name of
3. Effect if will institutes no heir. the heir, should he designate him in such manner that
there can be no doubt as to who has been instituted, the
Article 841. A will shall be valid even though it should institution shall be valid. (772)
not contain an institution of an heir, or such institution
should not comprise the entire estate, and even though Article 844. An error in the name, surname, or
the person so instituted should not accept the circumstances of the heir shall not vitiate the institution
inheritance or should be incapacitated to succeed. when it is possible, in any other manner, to know with
certainty the person instituted.
In such cases the testamentary dispositions made in
accordance with law shall be complied with and the If among persons having the same names and surnames,
remainder of the estate shall pass to the legal heirs. there is a similarity of circumstances in such a way that,
(764) even with the use of other proof, the person instituted
cannot be identified, none of them shall be an heir.
4. Freedom of disposition. (773a)

Article 842. One who has no compulsory heirs may Article 789. When there is an imperfect description, or
dispose by will of all his estate or any part of it in favor when no person or property exactly answers the
of any person having capacity to succeed. description, mistakes and omissions must be corrected,
if the error appears from the context of the will or from
One who has compulsory heirs may dispose of his extrinsic evidence, excluding the oral declarations of
estate provided he does not contravene the provisions of the testator as to his intention; and when an uncertainty
this Code with regard to the legitime of said heirs. arises upon the face of the will, as to the application of
(763a) any of its provisions, the testator's intention is to be
ascertained from the words of the will, taking into
5. Manner of designating an heir. consideration the circumstances under which it was
made, excluding such oral declarations. (n)
 6. Disposition in favor of an unknown unless a different intention appears. (770a)
person.

Article 845. Every disposition in favor of an unknown 9. Individuality of institution.

person shall be void, unless by some event or
circumstance his identity becomes certain. However, a Article 847. When the testator institutes some
disposition in favor of a definite class or group of heirs individually and others collectively as
persons shall be valid. (750a) when he says, "I designate as my heirs A and B,
and the children of C," those collectively
7. Disposition in favor of a definite class. designated shall be considered as individually
Art. 845 in relation to. Art. 786 instituted, unless it clearly appears that the
intention of the testator was otherwise. (769a)
Article 845. Every disposition in favor of an unknown
person shall be void, unless by some event or 10. Simultaneity of institution.
circumstance his identity becomes certain. However, a
disposition in favor of a definite class or group of Article 849. When the testator calls to the
persons shall be valid. (750a) succession a person and his children they are all
deemed to have been instituted simultaneously
Article 786. The testator may entrust to a third person and not successively. (771)
the distribution of specific property or sums of money
that he may leave in general to specified classes or 11. Institution based on a false cause.
causes, and also the designation of the persons,
institutions or establishments to which such property or Article 850. The statement of a false cause for
sums are to be given or applied. (671a) the institution of an heir shall be considered as
not written, unless it appears from the will that
8. Equality of heirs. the testator would not have made such
institution if he had known the falsity of such
Article 846. Heirs instituted without designation of cause. (767a)
shares shall inherit in equal parts. (765)

Article 848. If the testator should institute his brothers B. Kinds of Institution
and sisters, and he has some of full blood and others of
half-blood, the inheritance shall be distributed equally 1. Simple or Pure.
Article 777. The rights to the succession are Should he do so, the same shall be considered as
transmitted from the moment of the death of the not imposed. (813a)
decedent. (657a)
Article 873. Impossible conditions and those
2. Conditional. Art. 871 contrary to law or good customs shall be
considered as not imposed and shall in no
Article 871. The institution of an heir may be manner prejudice the heir, even if the testator
made conditionally, or for a certain purpose or should otherwise provide. (792a)
cause. (790a)
Article 874. An absolute condition not to
a. Kinds contract a first or subsequent marriage shall be
considered as not written unless such condition
1. Simple or Pure. has been imposed on the widow or widower by
the deceased spouse, or by the latter's
Article 777. The rights to the succession are ascendants or descendants.
transmitted from the moment of the death of the
decedent. (657a) Nevertheless, the right of usufruct, or an
allowance or some personal prestation may be
devised or bequeathed to any person for the time
2. Conditional. during which he or she should remain unmarried
or in widowhood. (793a)
Article 871. The institution of an heir may be
made conditionally, or for a certain purpose or
cause. (790a) Article 1183. Impossible conditions, those
contrary to good customs or public policy and
a. Kinds those prohibited by law shall annul the
obligation which depends upon them. If the
b. Inoperative conditions. obligation is divisible, that part thereof which is
not affected by the impossible orunlawful
Article 872. The testator cannot impose any condition shall be valid.
charge, condition, or substitution whatsoever
upon the legitimes prescribed in this Code.
The condition not to do an impossible thing nature that it can no longer exist or be complied
shall be considered as not having been agreed with again. (796)
upon. (1116a)

c. Disposition Captatoria. e. Effect.

Article 875. Any disposition made upon the Article 1034. In order to judge the capacity of
condition that the heir shall make some the heir, devisee or legatee, his qualification at
provision in his will in favor of the testator or of the time of the death of the decedent shall be the
any other person shall be void. (794a) criterion.

d. Compliance. In cases falling under Nos. 2, 3, or 5 of article

1032, it shall be necessary to wait until final
Article 876. Any purely potestative condition judgment is rendered, and in the case falling
imposed upon an heir must be fulfilled by him under No. 4, the expiration of the month
as soon as he learns of the testator's death. allowed for the report.

This rule shall not apply when the condition, If the institution, devise or legacy should be
already complied with, cannot be fulfilled again. conditional, the time of the compliance with the
(795a) condition shall also be considered. (758a)

Article 877. If the condition is casual or mixed, Article 879. If the potestative condition imposed
it shall be sufficient if it happen or be fulfilled at upon the heir is negative, or consists in not
any time before or after the death of the testator, doing or not giving something, he shall comply
unless he has provided otherwise. by giving a security that he will not do or give
that which has been prohibited by the testator,
Should it have existed or should it have been and that in case of contravention he will return
fulfilled at the time the will was executed and whatever he may have received, together with
the testator was unaware thereof, it shall be its fruits and interests. (800a)
deemed as complied with.
Article 880. If the heir be instituted under a
If he had knowledge thereof, the condition shall suspensive condition or term, the estate shall be
be considered fulfilled only when it is of such a placed under administration until the condition
 is fulfilled, or until it becomes certain that it until after having given sufficient security, with
cannot be fulfilled, or until the arrival of the the intervention of the instituted heir. (805)
term.
b. Effect. Arts.878, 885 2nd par.in relation to
The same shall be done if the heir does not give 880.
the security required in the preceding article.
(801a) Article 878. A disposition with a suspensive
term does not prevent the instituted heir from
Article 881. The appointment of the acquiring his rights and transmitting them to his
administrator of the estate mentioned in the heirs even before the arrival of the term. (799a)
preceding article, as well as the manner of the
administration and the rights and obligations of Article 885. The designation of the day or time
the administrator shall be governed by the Rules when the effects of the institution of an heir
of Court. (804a) shall commence or cease shall be valid.

Article 884. Conditions imposed by the testator In both cases, the legal heir shall be considered
upon the heirs shall be governed by the rules as called to the succession until the arrival of the
established for conditional obligations in all period or its expiration. But in the first case he
matters not provided for by this Section. (791a) shall not enter into possession of the property
until after having given sufficient security, with
the intervention of the instituted heir. (805)
3. Institution with a Term
Article 880. If the heir be instituted under a
a. Kinds Art. 885, 1st par. suspensive condition or term, the estate shall be
placed under administration until the condition
Article 885. The designation of the day or time is fulfilled, or until it becomes certain that it
when the effects of the institution of an heir cannot be fulfilled, or until the arrival of the
shall commence or cease shall be valid. term.

In both cases, the legal heir shall be considered The same shall be done if the heir does not give
as called to the succession until the arrival of the the security required in the preceding article.
period or its expiration. But in the first case he (801a)
shall not enter into possession of the property
 4. Modal Institution. B. Kinds of substitution.

Article 882. The statement of the object of the Article 858. Substitution of heirs may be:
institution, or the application of the property left by the (1) Simple or common;
testator, or the charge imposed by him, shall not be (2) Brief or compendious;
considered as a condition unless it appears that such (3) Reciprocal; or
was his intention. (4) Fideicommissary. (n)

That which has been left in this manner may be claimed 1. Simple or common.
at once provided that the instituted heir or his heirs give
security for compliance with the wishes of the testator Article 859. The testator may designate one or
and for the return of anything he or they may receive, more persons to substitute the heir or heirs
together with its fruits and interests, if he or they should instituted in case such heir or heirs should die
disregard this obligation. (797a) before him, or should not wish, or should be
incapacitated to accept the inheritance.
Article 883. When without the fault of the heir, an
institution referred to in the preceding article cannot A simple substitution, without a statement of the
take effect in the exact manner stated by the testator, it cases to which it refers, shall comprise the three
shall be complied with in a manner most analogous to mentioned in the preceding paragraph, unless
and in conformity with his wishes. the testator has otherwise provided. (774)

If the person interested in the condition should prevent 2. Brief or compendious.

its fulfillment, without the fault of the heir, the
condition shall be deemed to have been complied with. Article 860. Two or more persons may be
(798a) substituted for one; and one person for two or
more heirs. (778)
XVII. SUBSTITUTION OF HEIRS
3. Reciprocal.
A. Concept of substitution.
Article 861. If heirs instituted in unequal shares
Article 857. Substitution is the appointment of another heir so should be reciprocally substituted, the substitute
that he may enter into the inheritance in default of the heir shall acquire the share of the heir who dies,
originally instituted. (n) renounces, or is incapacitated, unless it clearly
appears that the intention of the testator was Article 866. The second heir shall acquire a
otherwise. If there are more than one substitute, right to the succession from the time of the
they shall have the same share in the testator's death, even though he should die
substitution as in the institution. (779a) before the fiduciary. The right of the second heir
shall pass to his heirs. (784)

4. Fideicommissary. Article 867. The following shall not take effect:

Article 863. A fideicommissary substitution by (1) Fideicommissary substitutions which are not
virtue of which the fiduciary or first heir made in an express manner, either by giving
instituted is entrusted with the obligation to them this name, or imposing upon the fiduciary
preserve and to transmit to a second heir the the absolute obligation to deliver the property to
whole or part of the inheritance, shall be valid a second heir;
and shall take effect, provided such substitution
does not go beyond one degree from the heir (2) Provisions which contain a perpetual
originally instituted, and provided further, that prohibition to alienate, and even a temporary
the fiduciary or first heir and the second heir are one, beyond the limit fixed inarticle 863;
living at the time of the death of the testator.
(781a) (3) Those which impose upon the heir the
charge of paying to various persons
Article 864. A fideicommissary substitution can successively, beyond the limit prescribed in
never burden the legitime. (782a) article 863, a certain income or pension;

Article 865. Every fideicommissary substitution (4) Those which leave to a person the whole or
must be expressly made in order that it may be part of the hereditary property in order that he
valid. may apply or invest the same according to secret
instructions communicated to him by the
The fiduciary shall be obliged to deliver the testator. (785a)
inheritance to the second heir, without other
deductions than those which arise from Article 868. The nullity of the fideicommissary
legitimate expenses, credits and improvements, substitution does not prejudice the validity of
save in the case where the testator has provided the institution of the heirs first designated; the
otherwise. (783)
 fideicommissary clause shall simply be Should he not charge anyone in particular, all shall be liable in
considered as not written. (786) the same proportion in which they may inherit. (859)

Article 869. A provision whereby the testator Art. 927. If two or more heirs take possession of the estate,
leaves to a person the whole or part of the they shall be solidarily liable for the loss or destruction of a
inheritance, and to another the usufruct, shall be thing devised or bequeathed, even though only one of them
valid. If he gives the usufruct to various persons, should have been negligent. (n)
not simultaneously, but successively, the
provisions of article 863 shall apply. (787a) 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
C. Time-limitation on inalienability. and is indicated only by its kind. (860)

Article 870. The dispositions of the testator declaring Art. 929. If the testator, heir, or legatee owns only a part of, or
all or part of the estate inalienable for more than twenty an interest in the thing bequeathed, the legacy or devise shall
years are void. (n) be understood limited to such part or interest, unless the
testator expressly declares that he gives the thing in its entirety.
(864a)

XVIII. LEGACIES AND DEVISES. Art. 930. The legacy or devise of a thing belonging to another
person is void, if the testator erroneously believed that the
Art. 924. All things and rights which are within the commerce thing pertained to him. But if the thing bequeathed, though not
of man be bequeathed or devised. (865a) belonging to the testator when he made the will, afterwards
becomes his, by whatever title, the disposition shall take effect.
Art. 925. A testator may charge with legacies and devises not (862a)
only his compulsory heirs but also the legatees and devisees.
Art. 931. If the testator orders that a thing belonging to another
The latter shall be liable for the charge only to the extent of the be acquired in order that it be given to a legatee or devisee, the
value of the legacy or the devise received by them. The heir upon whom the obligation is imposed or the estate must
compulsory heirs shall not be liable for the charge beyond the acquire it and give the same to the legatee or devisee; but if the
amount of the free portion given them. (858a) owner of the thing refuses to alienate the same, or demands an
excessive price therefor, the heir or the estate shall only be
Art. 926. When the testator charges one of the heirs with a obliged to give the just value of the thing. (861a)
legacy or devise, he alone shall be bound.
Art. 932. The legacy or devise of a thing which at the time of only as regards that part of the credit or debt existing at the
the execution of the will already belonged to the legatee or time of the death of the testator.
devisee shall be ineffective, even though another person may
have some interest therein. In the first case, the estate shall comply with the legacy by
assigning to the legatee all rights of action it may have against
If the testator expressly orders that the thing be freed from such the debtor. In the second case, by giving the legatee an
interest or encumbrance, the legacy or devise shall be valid to acquittance, should he request one.
that extent. (866a)
In both cases, the legacy shall comprise all interests on the
Art. 933. If the thing bequeathed belonged to the legatee or credit or debt which may be due the testator at the time of his
devisee at the time of the execution of the will, the legacy or death. (870a)
devise shall be without effect, even though it may have
subsequently alienated by him. Art. 936. The legacy referred to in the preceding article shall
lapse if the testator, after having made it, should bring an
If the legatee or devisee acquires it gratuitously after such time, action against the debtor for the payment of his debt, even if
he can claim nothing by virtue of the legacy or devise; but if it such payment should not have been effected at the time of his
has been acquired by onerous title he can demand death.
reimbursement from the heir or the estate. (878a)
The legacy to the debtor of the thing pledged by him is
Art. 934. If the testator should bequeath or devise something understood to discharge only the right of pledge. (871)
pledged or mortgaged to secure a recoverable debt before the
execution of the will, the estate is obliged to pay the debt, Art. 937. A generic legacy of release or remission of debts
unless the contrary intention appears. comprises those existing at the time of the execution of the
will, but not subsequent ones. (872)
The same rule applies when the thing is pledged or mortgaged
after the execution of the will. Art. 938. A legacy or devise made to a creditor shall not be
applied to his credit, unless the testator so expressly declares.
Any other charge, perpetual or temporary, with which the thing
bequeathed is burdened, passes with it to the legatee or devisee. In the latter case, the creditor shall have the right to collect the
(867a) excess, if any, of the credit or of the legacy or devise. (837a)

Art. 935. The legacy of a credit against a third person or of the Art. 939. If the testator orders the payment of what he believes
remission or release of a debt of the legatee shall be effective he owes but does not in fact owe, the disposition shall be
considered as not written. If as regards a specified debt more of a thing which is neither of inferior nor of superior quality.
than the amount thereof is ordered paid, the excess is not due, (875a)
unless a contrary intention appears.
Art. 942. Whenever the testator expressly leaves the right of
choice to the heir, or to the legatee or devisee, the former may
give or the latter may choose whichever he may prefer. (876a)
The foregoing provisions are without prejudice to the
fulfillment of natural obligations. (n) Art. 943. If the heir, legatee or devisee cannot make the choice,
in case it has been granted him, his right shall pass to his heirs;
Art. 940. In alternative legacies or devises, the choice is but a choice once made shall be irrevocable. (877a)
presumed to be left to the heir upon whom the obligation to
give the legacy or devise may be imposed, or the executor or Art. 944. A legacy for education lasts until the legatee is of
administrator of the estate if no particular heir is so obliged. age, or beyond the age of majority in order that the legatee may
finish some professional, vocational or general course,
If the heir, legatee or devisee, who may have been given the provided he pursues his course diligently.
choice, dies before making it, this right shall pass to the
respective heirs. A legacy for support lasts during the lifetime of the legatee, if
the testator has not otherwise provided.
Once made, the choice is irrevocable.
If the testator has not fixed the amount of such legacies, it shall
In the alternative legacies or devises, except as herein be fixed in accordance with the social standing and the
provided, the provisions of this Code regulating obligations of circumstances of the legatee and the value of the estate.
the same kind shall be observed, save such modifications as
may appear from the intention expressed by the testator. (874a) If the testator or during his lifetime used to give the legatee a
certain sum of money or other things by way of support, the
Art. 941. A legacy of generic personal property shall be valid same amount shall be deemed bequeathed, unless it be
even if there be no things of the same kind in the estate. markedly disproportionate to the value of the estate. (879a)

A devise of indeterminate real property shall be valid only if Art. 945. If a periodical pension, or a certain annual, monthly,
there be immovable property of its kind in the estate. or weekly amount is bequeathed, the legatee may petition the
court for the first installment upon the death of the testator, and
The right of choice shall belong to the executor or for the following ones which shall be due at the beginning of
administrator who shall comply with the legacy by the delivery each period; such payment shall not be returned, even though
the legatee should die before the expiration of the period which (1) Remuneratory legacies or devises;
has commenced. (880a)
(2) Legacies or devises declared by the testator to be
Art. 946. If the thing bequeathed should be subject to a preferential;
usufruct, the legatee or devisee shall respect such right until it
is legally extinguished. (868a) (3) Legacies for support;

Art. 947. The legatee or devisee acquires a right to the pure and (4) Legacies for education;
simple legacies or devises from the death of the testator, and
transmits it to his heirs. (881a) (5) Legacies or devises of a specific, determinate thing which
forms a part of the estate;
Art. 948. If the legacy or device is of a specific and determinate
thing pertaining to the testator, the legatee or devisee acquires (6) All others pro rata. (887a)
the ownership thereof upon the death of the testator, as well as
any growing fruits, or unborn offspring of animals, or Art. 951. The thing bequeathed shall be delivered with all its
uncollected income; but not the income which was due and accessories and accessories and in the condition in which it
unpaid before the latter's death. may be upon the death of the testator. (883a)

From the moment of the testator's death, the thing bequeathed Art. 952. The heir, charged with a legacy or devise, or the
shall be at the risk of the legatee or devisee, who shall, executor or administrator of the estate, must deliver the very
therefore, bear its loss or deterioration, and shall be benefited thing bequeathed if he is able to do so and cannot discharge
by its increase or improvement, without prejudice to the this obligation by paying its value.
responsibility of the executor or administrator. (882a)
Legacies of money must be paid in cash, even though the heir
Art. 949. If the bequest should not be of a specific and or the estate may not have any.
determinate thing, but is generic or of quantity, its fruits and
interests from the time of the death of the testator shall pertain The expenses necessary for the delivery of the thing
to the legatee or devisee if the testator has expressly so ordered. bequeathed shall be for the account of the heir or the estate, but
(884a) without prejudice to the legitime. (886a)

Art. 950. If the estate should not be sufficient to cover all the Art. 953. The legatee or devisee cannot take possession of the
legacies or devises, their payment shall be made in the thing bequeathed upon his own authority, but shall request its
following order: delivery and possession of the heir charged with the legacy or
devise, or of the executor or administrator of the estate should (1) If the testator transforms the thing bequeathed in such a
he be authorized by the court to deliver it. (885a) manner that it does not retain either the form or the
denomination it had;
Art. 954. The legatee or devisee cannot accept a part of the
legacy or devise and repudiate the other, if the latter be (2) If the testator by any title or for any cause alienates the
onerous. thing bequeathed or any part thereof, it being understood that
in the latter case the legacy or devise shall be without effect
Should he die before having accepted the legacy or devise, only with respect to the part thus alienated. If after the
leaving several heirs, some of the latter may accept and the alienation the thing should again belong to the testator, even if
others may repudiate the share respectively belonging to them it be by reason of nullity of the contract, the legacy or devise
in the legacy or devise. (889a) shall not thereafter be valid, unless the reacquisition shall have
been effected by virtue of the exercise of the right of
Art. 955. The legatee or devisee of two legacies or devises, one repurchase;
of which is onerous, cannot renounce the onerous one and
accept the other. If both are onerous or gratuitous, he shall be (3) If the thing bequeathed is totally lost during the lifetime of
free to accept or renounce both, or to renounce either. But if the the testator, or after his death without the heir's fault.
testator intended that the two legacies or devises should be Nevertheless, the person obliged to pay the legacy or devise
inseparable from each other, the legatee or devisee must either shall be liable for eviction if the thing bequeathed should not
accept or renounce both. have been determinate as to its kind, in accordance with the
provisions of Article 928. (869a)
Any compulsory heir who is at the same time a legatee or
devisee may waive the inheritance and accept the legacy or Art. 958. A mistake as to the name of the thing bequeathed or
devise, or renounce the latter and accept the former, or waive devised, is of no consequence, if it is possible to identify the
or accept both. (890a) thing which the testator intended to bequeath or devise. (n)

Art. 956. If the legatee or devisee cannot or is unwilling to Art. 959. A disposition made in general terms in favor of the
accept the legacy or devise, or if the legacy or devise for any testator's relatives shall be understood to be in favor of those
reason should become ineffective, it shall be merged into the nearest in degree. (751)
mass of the estate, except in cases of substitution and of the
right of accretion. (888a)

Art. 957. The legacy or devise shall be without effect: LEGAL OR INTESTATE SUCCESSION
XIX. GENERAL PROVISIONS 3. Order of and share in the in testate
succession.
A. In general
Art. 962. In every inheritance, the relative nearest in
1. When does it take place? degree excludes the more distant ones, saving the right
of representation when it properly takes place.
Art. 960. Legal or intestate succession takes place:
(1) If a person dies without a will, or with a void will, Relatives in the same degree shall inherit in equal
or one which has subsequently lost its validity; shares, subject to the provisions of article 1006 with
respect to relatives of the full and half blood, and of
(2) When the will does not institute an heir to, or Article 987, paragraph 2, concerning division between
dispose of all the property belonging to the testator. In the paternal and maternal lines. (912a) 
such case, legal succession shall take place only with
respect to the property of which the testator has not B. Right of Representation. Arts.970-977, Arts.
disposed; 982, 902, 992, 1005-8.

(3) If the suspensive condition attached to the Art. 970. Representation is a right created by fiction of law, by
institution of heir does not happen or is not fulfilled, or virtue of which the representative is raised to the place and the
if the heir dies before the testator, or repudiates the degree of the person represented, and acquires the rights which
inheritance, there being no substitution, and no right of
the latter would have if he were living or if he could have
accretion takes place;
inherited. (942a)
(4) When the heir instituted is incapable of succeeding,
Art. 971. The representative is called to the succession by the
except in cases provided in this Code. (912a)
law and not by the person represented. The representative does
2. Who are the intestate heirs? not succeed the person represented but the one whom the
person represented would have succeeded. (n)
Art. 961. In default of testamentary heirs, the law vests
the inheritance, in accordance with the rules hereinafter Art. 972. The right of representation takes place in the direct
set forth, in the legitimate and illegitimate relatives of descending line, but never in the ascending.
the deceased, in the surviving spouse, and in the
State. (913a)
In the collateral line, it takes place only in favor of the children Art. 902. The rights of illegitimate children set forth in the
of brothers or sisters, whether they be of the full or half preceding articles are transmitted upon their death to their
blood. (925) descendants, whether legitimate or illegitimate. (843a)

Art. 973. In order that representation may take place, it is Art. 992. An illegitimate child has no right to inherit
necessary that the representative himself be capable of abintestato from the legitimate children and relatives of his
succeeding the decedent. (n) father or mother; nor shall such children or relatives inherit in
the same manner from the illegitimate child.(943a)
Art. 974. Whenever there is succession by representation, the
division of the estate shall be made per stirpes, in such manner Art. 1005. Should brothers and sisters survive together with
that the representative or representatives shall not inherit more nephews and nieces, who are the children of the descendant's
than what the person they represent would inherit, if he were brothers and sisters of the full blood, the former shall inherit
living or could inherit. (926a) per capita, and the latter per stirpes. (948)

Art. 975. When children of one or more brothers or sisters of

the deceased survive, they shall inherit from the latter by
representation, if they survive with their uncles or aunts. But if XX. ORDER OF INTESTATE SUCCESSION
they alone survive, they shall inherit in equal portions. (927)
A. Descending Direct Line
Art. 976. A person may represent him whose inheritance he has
renounced.(928a) 1. Estate of a legitimate decedent

Art. 977. Heirs who repudiate their share may not be a. Illegitimate children.
represented. (929a)
Art. 983. If illegitimate children survive with legitimate
Art. 982. The grandchildren and other descendants shall inherit children, the shares of the former shall be in the proportions
by right of representation, and if any one of them should have prescribed by Article 895. (n)
died, leaving several heirs, the portion pertaining to him shall
be divided among the latter in equal portions. (933) Art. 988. In the absence of legitimate descendants or
ascendants, the illegitimate children shall succeed to the entire
estate of the deceased. (939a)
Art. 989. If, together with illegitimate children, there should the hereditary estate of such illegitimate child. If only
survive descendants of another illegitimate child who is dead, legitimate or illegitimate children are left, the parents are not
the former shall succeed in their own right and the latter by entitled to any legitime whatsoever. If only the widow or
right of representation. (940a) widower survives with parents of the illegitimate child, the
legitime of the parents is one-fourth of the hereditary estate of
Art. 990. The hereditary rights granted by the two preceding the child, and that of the surviving spouse also one-fourth of
articles to illegitimate children shall be transmitted upon their the estate. (n)
death to their descendants, who shall inherit by right of
representation from their deceased grandparent. (941a) Art. 987. In default of the father and mother, the ascendants
nearest in degree shall inherit.
Art. 991. If legitimate ascendants are left, the illegitimate
children shall divide the inheritance with them, taking one-half Should there be more than one of equal degree belonging to the
of the estate, whatever be the number of the ascendants or of same line they shall divide the inheritance per capita; should
the illegitimate children. (942-841a) they be of different lines but of equal degree, one-half shall go
to the paternal and the other half to the maternal ascendants. In
Art. 992. An illegitimate child has no right to inherit each line the division shall be made per capita. (937)
abintestato from the legitimate children and relatives of his
father or mother; nor shall such children or relatives inherit in Art. 988. In the absence of legitimate descendants or
the same manner from the illegitimate child.(943a) ascendants, the illegitimate children shall succeed to the entire
estate of the deceased. (939a)

Art. 989. If, together with illegitimate children, there should

survive descendants of another illegitimate child who is dead,
the former shall succeed in their own right and the latter by
2. Estate of an illegitimate decedent right of representation. (940a)
a. Legitimate children and descendant Art. 990. The hereditary rights granted by the two preceding
articles to illegitimate children shall be transmitted upon their
Art. 903. The legitime of the parents who have an illegitimate
death to their descendants, who shall inherit by right of
child, when such child leaves neither legitimate descendants,
representation from their deceased grandparent. (941a)
nor a surviving spouse, nor illegitimate children, is one-half of
Art. 991. If legitimate ascendants are left, the illegitimate Art. 992. An illegitimate child has no right to inherit
children shall divide the inheritance with them, taking one-half abintestato from the legitimate children and relatives of his
of the estate, whatever be the number of the ascendants or of father or mother; nor shall such children or relatives inherit in
the illegitimate children. (942-841a) the same manner from the illegitimate child.(943a)

Art. 992. An illegitimate child has no right to inherit

abintestato from the legitimate children and relatives of his
father or mother; nor shall such children or relatives inherit in B. Surviving Spouse.
the same manner from the illegitimate child.(943a)
Art. 995. In the absence of legitimate descendants and
Art. 993. If an illegitimate child should die without issue, either ascendants, and illegitimate children and their descendants,
legitimate or illegitimate, his father or mother shall succeed to whether legitimate or illegitimate, the surviving spouse shall
his entire estate; and if the child's filiation is duly proved as to inherit the entire estate, without prejudice to the rights of
both parents, who are both living, they shall inherit from him brothers and sisters, nephews and nieces, should there be any,
share and share alike. (944) under article 1001. (946a)

Art. 994. In default of the father or mother, an illegitimate child Art. 996. If a widow or widower and legitimate children or
shall be succeeded by his or her surviving spouse who shall be descendants are left, the surviving spouse has in the succession
entitled to the entire estate. the same share as that of each of the children. (834a)

If the widow or widower should survive with brothers and Art. 997. When the widow or widower survives with legitimate
sisters, nephews and nieces, she or he shall inherit one-half of parents or ascendants, the surviving spouse shall be entitled to
the estate, and the latter the other half. (945a) one-half of the estate, and the legitimate parents or ascendants
to the other half. (836a)
b. Illegitimate children and descendant.
Art. 998. If a widow or widower survives with illegitimate
Art. 990. The hereditary rights granted by the two preceding children, such widow or widower shall be entitled to one-half
articles to illegitimate children shall be transmitted upon their of the inheritance, and the illegitimate children or their
death to their descendants, who shall inherit by right of descendants, whether legitimate or illegitimate, to the other
representation from their deceased grandparent. (941a) half. (n)
Art. 999. When the widow or widower survives with legitimate Art. 986. The father and mother, if living, shall inherit in equal
children or their descendants and illegitimate children or their shares.
descendants, whether legitimate or illegitimate, such widow or
widower shall be entitled to the same share as that of a Should one only of them survive, he or she shall succeed to the
legitimate child. (n) entire estate of the child. (936)

Art. 1000. If legitimate ascendants, the surviving spouse, and Art. 987. In default of the father and mother, the ascendants
illegitimate children are left, the ascendants shall be entitled to nearest in degree shall inherit.
one-half of the inheritance, and the other half shall be divided Should there be more than one of equal degree belonging to the
between the surviving spouse and the illegitimate children so same line they shall divide the inheritance per capita; should
that such widow or widower shall have one-fourth of the estate, they be of different lines but of equal degree, one-half shall go
and the illegitimate children the other fourth. (841a) to the paternal and the other half to the maternal ascendants. In
Art. 1001. Should brothers and sisters or their children survive each line the division shall be made per capita. (937) 
with the widow or widower, the latter shall be entitled to one-
half of the inheritance and the brothers and sisters or their
children to the other half. (953, 837a) 2. Illegitimate parents.
Art. 1002. In case of a legal separation, if the surviving spouse
Art. 993. If an illegitimate child should die without issue, either
gave cause for the separation, he or she shall not have any of
legitimate or illegitimate, his father or mother shall succeed to
the rights granted in the preceding articles. (n)
his entire estate; and if the child's filiation is duly proved as to
both parents, who are both living, they shall inherit from him
share and share alike. (944)
C. Ascending direct line

1. Legitimate parents and ascendant.

D. Collateral line.
Art. 985. In default of legitimate children and descendants of
Art. 1003. If there are no descendants, ascendants, illegitimate
the deceased, his parents and ascendants shall inherit from him,
children, or a surviving spouse, the collateral relatives shall
to the exclusion of collateral relatives. (935a)
succeed to the entire estate of the deceased in accordance with Art. 1010. The right to inherit abintestato shall not extend
the following articles. (946a) beyond the fifth degree of relationship in the collateral
line. (955a) 
Art. 1004. Should the only survivors be brothers and sisters of
the full blood, they shall inherit in equal shares. (947)
E. The State.
Art. 1005. Should brothers and sisters survive together with
nephews and nieces, who are the children of the descendant's Art. 1011. In default of persons entitled to succeed in
brothers and sisters of the full blood, the former shall inherit accordance with the provisions of the preceding Sections, the
per capita, and the latter per stirpes. (948) State shall inherit the whole estate.(956a)
Art. 1006. Should brother and sisters of the full blood survive Art. 1012. In order that the State may take possession of the
together with brothers and sisters of the half blood, the former property mentioned in the preceding article, the pertinent
shall be entitled to a share double that of the latter. (949) provisions of the Rules of Court must be observed. (958a)
Art. 1007. In case brothers and sisters of the half blood, some Art. 1013. After the payment of debts and charges, the personal
on the father's and some on the mother's side, are the only property shall be assigned to the municipality or city where the
survivors, all shall inherit in equal shares without distinction as deceased last resided in the Philippines, and the real estate to
to the origin of the property. (950) the municipalities or cities, respectively, in which the same is
Art. 1008. Children of brothers and sisters of the half blood situated.
shall succeed per capita or per stirpes, in accordance with the If the deceased never resided in the Philippines, the whole
rules laid down for the brothers and sisters of the full estate shall be assigned to the respective municipalities or cities
blood. (915) where the same is located.
Art. 1009. Should there be neither brothers nor sisters nor Such estate shall be for the benefit of public schools, and
children of brothers or sisters, the other collateral relatives shall public charitable institutions and centers, in such municipalities
succeed to the estate. or cities. The court shall distribute the estate as the respective
The latter shall succeed without distinction of lines or needs of each beneficiary may warrant.
preference among them by reason of relationship by the whole
blood. (954a)
The court, at the instance of an interested party, or on its own (2) That one of the persons thus called die before the testator,
motion, may order the establishment of a permanent trust, so or renounce the inheritance, or be incapacitated to receive it.
that only the income from the property shall be used. (956a) (928a)

Art. 1014. If a person legally entitled to the estate of the Art. 1017. The words "one-half for each" or "in equal shares"
deceased appears and files a claim thereto with the court within or any others which, though designating an aliquot part, do not
identify it by such description as shall make each heir the
five years from the date the property was delivered to the State,
exclusive owner of determinate property, shall not exclude the
such person shall be entitled to the possession of the same, or if right of accretion.
sold the municipality or city shall be accountable to him for
such part of the proceeds as may not have been lawfully In case of money or fungible goods, if the share of each heir is
spent. (n)  not earmarked, there shall be a right of accretion. (983a)

PROVISIONS COMMON TO TESTATE AND Art. 1019. The heirs to whom the portion goes by the right of
INTESTATE SUCCESSION accretion take it in the same proportion that they inherit. (n)

XXI. Right of Accretion Art. 1020. The heirs to whom the inheritance accrues shall
succeed to all the rights and obligations which the heir who
A. Concept. renounced or could not receive it would have had. (984)

Art. 1015. Accretion is a right by virtue of which, when two or B. In legal succession.
more persons are called to the same inheritance, devise or
legacy, the part assigned to the one who renounces or cannot Art. 1018. In legal succession the share of the person who
receive his share, or who died before the testator, is added or repudiates the inheritance shall always accrue to his co-heirs.
incorporated to that of his co-heirs, co-devisees, or co-legatees. (981)
(n)
C. Compulsory succession.
Art. 1016. In order that the right of accretion may take place in
a testamentary succession, it shall be necessary: Art. 1021. Among the compulsory heirs the right of accretion
shall take place only when the free portion is left to two or
(1) That two or more persons be called to the same inheritance,
more of them, or to any one of them and to a stranger.
or to the same portion thereof, pro indiviso; anD
Should the part repudiated be the legitime, the other co-heirs insofar as it does not prejudice the legitime of the compulsory
shall succeed to it in their own right, and not by the right of heirs.
accretion. (985)
A parent who, in the interest of his or her family, desires to
D. Testamentary. keep any agricultural, industrial, or manufacturing enterprise
intact, may avail himself of the right granted him in this article,
Art. 1022. In testamentary succession, when the right of by ordering that the legitime of the other children to whom the
accretion does not take place, the vacant portion of the property is not assigned, be paid in cash. (1056a)
instituted heirs, if no substitute has been designated, shall pass
to the legal heirs of the testator, who shall receive it with the Art. 1081. A person may, by an act inter vivos or mortis causa,
intrust the mere power to make the partition after his death to
same charges and obligations. (986)
any person who is not one of the co-heirs.
Art. 1023. Accretion shall also take place among devisees,
The provisions of this and of the preceding article shall be
legatees and usufructuaries under the same conditions
established for heirs. (987a) observed even should there be among the co-heirs a minor or a
person subject to guardianship; but the mandatary, in such
XXII. PARTITION AND DISTRIBUTION OF THE case, shall make an inventory of the property of the estate, after
ESTATE notifying the co-heirs, the creditors, and the legatees or
devisees. (1057a)
A. Partition.
Art. 1082. Every act which is intended to put an end to
Art. 1078. Where there are two or more heirs, the whole estate indivision among co-heirs and legatees or devisees is deemed
of the decedent is, before its partition, owned in common by to be a partition, although it should purport to be a sale, and
such heirs, subject to the payment of debts of the deceased. (n) exchange, a compromise, or any other transaction. (n)

Art. 1079. Partition, in general, is the separation, division and Art. 1083. Every co-heir has a right to demand the division of
assignment of a thing held in common among those to whom it the estate unless the testator should have expressly forbidden
may belong. The thing itself may be divided, or its value. (n) its partition, in which case the period of indivision shall not
exceed twenty years as provided in article 494. This power of
Art. 1080. Should a person make partition of his estate by an the testator to prohibit division applies to the legitime.
act inter vivos, or by will, such partition shall be respected,
Even though forbidden by the testator, the co-ownership and necessary expenses made upon such property, and for any
terminates when any of the causes for which partnership is damage thereto through malice or neglect. (1063)
dissolved takes place, or when the court finds for compelling
reasons that division should be ordered, upon petition of one of Art. 1088. Should any of the heirs sell his hereditary rights to a
the co-heirs. (1051a) stranger before the partition, any or all of the co-heirs may be
subrogated to the rights of the purchaser by reimbursing him
Art. 1084. Voluntary heirs upon whom some condition has for the price of the sale, provided they do so within the period
been imposed cannot demand a partition until the condition has of one month from the time they were notified in writing of the
been fulfilled; but the other co-heirs may demand it by giving sale by the vendor. (1067a)
sufficient security for the rights which the former may have in
case the condition should be complied with, and until it is Art. 1089. The titles of acquisition or ownership of each
known that the condition has not been fulfilled or can never be property shall be delivered to the co-heir to whom said
complied with, the partition shall be understood to be property has been adjudicated. (1065a)
provisional. (1054a) Art. 1090. When the title comprises two or more pieces of land
Art. 1085. In the partition of the estate, equality shall be which have been assigned to two or more co-heirs, or when it
observed as far as possible, dividing the property into lots, or covers one piece of land which has been divided between two
assigning to each of the co-heirs things of the same nature, or more co-heirs, the title shall be delivered to the one having
quality and kind. (1061) the largest interest, and authentic copies of the title shall be
furnished to the other co-heirs at the expense of the estate. If
Art. 1086. Should a thing be indivisible, or would be much the interest of each co-heir should be the same, the oldest shall
impaired by its being divided, it may be adjudicated to one of have the title.(1066a) 
the heirs, provided he shall pay the others the excess in cash.
B. Effects of Partition.
Nevertheless, if any of the heirs should demand that the thing
be sold at public auction and that strangers be allowed to bid, Art. 1091. A partition legally made confers upon each heir the
this must be done. (1062) exclusive ownership of the property adjudicated to him. (1068)

Art. 1087. In the partition the co-heirs shall reimburse one Art. 1092. After the partition has been made, the co-heirs shall
another for the income and fruits which each one of them may be reciprocally bound to warrant the title to, and the quality of,
have received from any property of the estate, for any useful each property adjudicated.(1069a)
Art. 1093. The reciprocal obligation of warranty referred to in (1) When the testator himself has made the partition, unless it
the preceding article shall be proportionate to the respective appears, or it may be reasonably presumed, that his intention
hereditary shares of the co-heirs, but if any one of them should was otherwise, but the legitime shall always remain
be insolvent, the other co-heirs shall be liable for his part in the unimpaired;
same proportion, deducting the part corresponding to the one
who should be indemnified. (2) When it has been so expressly stipulated in the agreement
of partition, unless there has been bad faith;
Those who pay for the insolvent heir shall have a right of
action against him for reimbursement, should his financial (3) When the eviction is due to a cause subsequent to the
condition improve. (1071) partition, or has been caused by the fault of the distributee of
the property. (1070a)
Art. 1094. An action to enforce the warranty among heirs must
be brought within ten years from the date the right of action C. Rescission and Nullity of Partition.
accrues. (n) Art. 1097. A partition may be rescinded or annulled for the
Art. 1095. If a credit should be assigned as collectible, the co- same causes as contracts. (1073a)
heirs shall not be liable for the subsequent insolvency of the Art. 1098. A partition, judicial or extra-judicial, may also be
debtor of the estate, but only for his insolvency at the time the rescinded on account of lesion, when any one of the co-heirs
partition is made. received things whose value is less, by at least one-fourth, than
The warranty of the solvency of the debtor can only be the share to which he is entitled, considering the value of the
enforced during the five years following the partition. things at the time they were adjudicated. (1074a)

Co-heirs do not warrant bad debts, if so known to, and Art. 1099. The partition made by the testator cannot be
accepted by, the distributee. But if such debts are not assigned impugned on the ground of lesion, except when the legitime of
to a co-heir, and should be collected, in whole or in part, the the compulsory heirs is thereby prejudiced, or when it appears
amount collected shall be distributed proportionately among or may reasonably be presumed, that the intention of the
the heirs. (1072a) testator was otherwise. (1075)

Art. 1096. The obligation of warranty among co-heirs shall Art. 1100. The action for rescission on account of lesion shall
cease in the following cases: prescribe after four years from the time the partition was made.
(1076)
Art. 1101. The heir who is sued shall have the option of Art. 1105. A partition which includes a person believed to be
indemnifying the plaintiff for the loss, or consenting to a new an heir, but who is not, shall be void only with respect to such
partition. person. (1081a) 

Indemnity may be made by payment in cash or by the delivery XXIII. EXECUTORS AND ADMINISTRATORS.
of a thing of the same kind and quality as that awarded to the
plaintiff. Art. 1058. All matters relating to the appointment, powers and
duties of executors and administrators and concerning the
If a new partition is made, it shall affect neither those who have administration of estates of deceased persons shall be governed
not been prejudiced nor those have not received more than their by the Rules of Court. (n)
just share. (1077a)
Art. 1059. If the assets of the estate of a decedent which can be
Art. 1102. An heir who has alienated the whole or a applied to the payment of debts are not sufficient for that
considerable part of the real property adjudicated to him cannot purpose, the provisions of Articles 2239 to 2251 on Preference
maintain an action for rescission on the ground of lesion, but he of Credits shall be observed, provided that the expenses
shall have a right to be indemnified in cash. (1078a) referred to in Article 2244, No. 8, shall be those involved in the
administration of the decedent's estate. (n)
Art. 1103. The omission of one or more objects or securities of
the inheritance shall not cause the rescission of the partition on Art. 1060. A corporation or association authorized to conduct
the ground of lesion, but the partition shall be completed by the the business of a trust company in the Philippines may be
distribution of the objects or securities which have been appointed as an executor, administrator, guardian of an estate,
omitted. (1079a) or trustee, in like manner as an individual; but it shall not be
appointed guardian of the person of a ward. (n) 
Art. 1104. A partition made with preterition of any of the
compulsory heirs shall not be rescinded, unless it be proved RULE 87: ACTIONS BY AND AGAINST EXECUTORS
that there was bad faith or fraud on the part of the other persons AND ADMINISTRATORS
interested; but the latter shall be proportionately obliged to pay
to the person omitted the share which belongs to him. (1080) Sec. 1. Actions which may and which may not be brought
against executor or administrator. - No action upon a claim for
the recovery of money or debt or interest thereon shall be
commenced against the executor or administrator; but actions
to recover real or personal property, or an interest therein, from
the estate, or to enforce a lien thereon, and actions to recover
damages for an injury to person or property, real or personal,
may be commenced against him.

RULE 86: CLAIMS AGAINST ESTATE

Sec. 5. Claims which must be filed under the notice. - If not
filed, barred; exceptions. All claims for money against the
decedent, arising from contract, express or implied, whether
the same be due, not due, or contingent, all claims for funeral
expenses and expenses for the last sickness of the decedent,
and judgment for money against the decedent, must be filed
within the time limited in the notice; otherwise they are barred
forever, except that they may be set forth as counterclaims in
any action that the executor or administrator may bring against
the claimants. Where an executor or administrator commences
an action, or prosecutes an action already commenced by the
deceased in his lifetime, the debtor may set forth by answer the
claims he has against the decedent, instead of presenting them
independently to the court as herein provided, and mutual
claims may be set off against each other in such action; and if
final judgment is rendered in favor of the defendant, the
amount so determined shall be considered the true balance
against the estate, as though the claim had been presented
directly before the court in the administration proceedings.
Claims not yet due or contingent, may be approved at their
present value.