my personal notes in civil law review

1. Notes in Succession
1. Succession is a mode of acquiring ownership, by which, the properties, rights and obligations to
the extent of the value of inheritance are transmitted at the time of death of decedent.
2. Decedent is the person whose property, right and obligations are being disposed at the time of
his death. Testator is a decedent who makes a will.
3. There are 4 kinds of succession. Testamentary succession is the designation of heirs through
provisions of the will. Legal Succession, is when the decedent dies without a will, or the will if
void or subsequently become inoperative. Mixed succession is designation by provision of will or
operation of law. Compulsory succession, this refers to provisions in favor of the compulsory heirs
in the legitime.
4. Kinds of heirs: Voluntary heirs are designated by the testator and is independent upon the will.
Legal heirs are persons to succeed by operation of law when a testator dies without a will.
Compulsory heirs are persons to succeed by force of law to some portion of the inheritance
called legitime. Legitime is the predetermined portion in favor of compulsory heirs by which they
cannot be deprived by the testator except for valid disinheritance.
5. Heir are persons who are called to the succession either by provisions of will or operation of law.
Devisee are persons who are gifted with real properties given by the will. Legatee are persons
gifted with personal properties.
6. As a rule, transfer of title through succession shall be binding between the parties involved
except in a corporation or 3rd
party. In order to bind the corporation, the transfer must be
registered to the book of corporation except when the transferee-heir has uncontested or
definite right over the share of stocks in which case, the registration becomes a mere formality
in order to confirm the status.
THE WILL
7. Will is defined as personal, solemn, revocable and free act by which a capacitated person
disposes his right and properties and complies with the duties to take effect after his death.
8. AsageneralRule,themakingofwillsisapersonalact,thereforeitcannotbeleftinwholeorinpart to the
discretion of a 3rd person, except when; (1) If what is delegated is the manner of distribution of specific
property or sum of money that the testator leave in general to specified class or causes provided the
testator has already determined the property or amount of money to be given, or; (2) the designation of
the person, establishment or institution to which such property or sum pf money to be given or applied
provided the testator has already determined the class or cause to be benefited. In case of a poor, in the
absenceofdesignation,itshallbethepoorinthelocalityofthetestator.
9. Latent ambiguity is when the ambiguity is not apparent in the face of the will,here, the extrinsic
circumstances must be appraised. example designation of name “anna” and the testator do have
many relatives named Anna. While patent ambiguity when the ambiguity is apparent in the face of
the will example when the testator make a designation like “ I designated some of the children of
my brother as devisee.
10. General rule, if some disposition are invalid, it does not result to invalidity of the other disposition, except
when it is to be presumed that the testator would not have made such other disposition if the first invalid
disposition had not been made.
11. If the testator owns the entire property, it shall be understood that it shall cover all the interest
which the testator could devise except when there is a clear intention on the part testator that he
intends to convey a lesser interest.
12. Generally, if the testator owns a part or interest in property, the legacy of devise shall be understood
limitedtosuchpart orinterestregardlesswhetherornotthetestatorknowsthat thethingisparty own or
not, except, when the testator would expressly declare that he gives the entire thing to the devisee pr
legatee and he knows that the thing bequeathed partly belongs to another. In this case, the testator is, liable
either; should he subsequently acquire the property, it shall pertain to devisee or legatee; should he
failed, the heirs upon whom the obligation is imposed must acquire the property or should the 3rd person
refuse to alienate the same or demands for an excessive price, the heirs are obliged to give the just

2. value of the interest of the 3rd person.
13. Generally, the property acquired after the execution of will are not deemed included among the
properties disposed of the will except the contrary intention appears in this case the disposition which states
“whole estate or entire inheritance.
14. Generally, if the testator owns the entire inheritance, it shall cover all the interest which testator could
devise or bequeath in the property disposed of except, if it clearly appears that testator intended to
convey a lesser interest.
15. For intrinsic validity, it is the national law of the person whose succession is under consideration and the
law in force at the time of death of testator. Conversely, formal validity is governed by the law of the
countryinwhichtheyareexecutedandthelawinforceatthetimeoftheexecutionofthewill.
CAPACITY OF TESTATOR
16. A testator capacity is determined by his or her national law, and only natural persons are allowed
to make a will provided he is not prohibited by law, he is atleast 18 years old and in sound mind
during the execution of the will. Here, well-settled is the rule, that soundness of mind is determined
when the testator knows the nature of the estate to be disposed, the proper object of his bounty and the
characterofthe testamentary act.
17. Soundness of mind is determined at the time of the execution of the will, therefore subsequent
incapacity will not affect its validity, conversely, if the testator was in unsound mind during the
execution of the will, his subsequent capacity will not cure the defect. Generally, law presumes
sanity hence, burden of proof is upon the person who alleges that the testator is unsound mind at
the time of the execution of the will. Except when the following circumstances are present, to wit;
(1) the testator 1 month or less before the execution of the will was publicly known to be insane or; (2)
the testator executed a will after being placed under guardianship, in case of insanity as such was
made before the was lifted.
TESTAMENTARY WILL
18. The testator himself or the person who cause the writing of the name of testator under his
express direction must signed and subscribed each and every page thereof except the last, on
the left margin. Here, it does not require to be handwritten therefore, thumbmark sufficed the
requirement. Here, the testators signature must be his habitual signature and signed in the
presence of at least 3 instrumental witnesses.
19. The attestation clause must expressly states that (1) number of pages used upon which the will was
written (2) the fact that the testator signed the will and every page thereof, or cause some other
person to write his name under his express direction in the presence of the instrumental witness and (3)
the fact that the witness witnessed and signed the will and all pages thereof in the presence of testator
and of one another
20. Jurisprudence provides the true test of presence of the testator and the witnesses is when the witness could
see everything that took place by merely casting his eyes in the proper direction; and without any physical
obstruction to prevent his doing so.
21. Settled in the rule, that testator name must appear both in the attestation and disposition portion, in the
absence of one, it is not deemed as signed with the testator’s name. this is to prevent fraud or
interpolations between the testamentary dispositions and the signature.
22. As a general rule, if the witness receives by way of legacy or devise, the will shall remain valid as it does
not disqualify him to be a witness but shall only invalidate the devise or legacy in favor of the witness
Unless, if there are 3 competent witnesses aside from him, the testamentary disposition in favor of the
witness shall be valid.
23. To qualify as a witness, he must be at least 18 years old, able to read and write, not blind, deaf or
dumb and domiciled in the PH and not convicted with the crime of falsification of document,
perjury or false testimony. Except when the will was executed abroad, then domicile is not a
requirement.

3. 24. The capacity of the witnesses is determined at the time of attestation which means subsequent
incapacity will not affect the validity of the will.
25. As a rule, signature placed in the left margin is merely directory, it is sufficient that every page except the
last , the signature of the testator and witnesses are present. The purpose of signing each page is to avoid
the substitution of any of the said sheets and thereby changing the testator’s disposition.
26. The authenticity and genuineness of the will may be supplied by other form of identification mire
trustworthy other than the conventional numerical words or characters. The numbering is not
requiredwhenallthedispositioniscontainedIonepage,theobjectofstatutedisappears.
27. GEN RULE, failure to state the facts in the attestation clause will render the will a fatally defective and
cannot be proven by oral evidence or proof aliunde to supply the omission except, when the defects can be
remedied by intrinsic evidence supplied by the will itself
28. GEN RULE, FAILURE TO STATE IN THE ATTESTATION CLAUSE THE NUMBER OF SHEETS OR
PAGES USED IN THE WILL, renders the will void EXE: when the number of pages, while not stated in the
attestation clause itself, appears at the end of the will properly; or the same was stated in the
acknowledgment clause
29. GEN RULE, FAILURE TO STATE THAT THE WILL HAS BEEN SIGNED BY THE TESTATOR, HIS
DESIGNATE AND WITNESSES, renders the will void and cannot be proven by proof aliunde EXE: from the
examination of the will that every page thereof actually bears the signature of the testator and the witnesses.
30. LAW DOES NOT REQUIRE THAT THE WILL MUST BE ACKNOWLEDGED AND ATTESTED ON THE
SAME OCCASION and the NOTARY PUBLIC CANNOT BE COUNTED AS AN ATTESTING WITNESS as
he cannot avow, assent or admit his having signed the will in front of himself. Here the notarial
public must act within the place of his commission otherwise if he acted outside his territorial
limits his jurisdiction, is deemed to have acted without official character and thus is void.
31. If the testator is deaf or deaf mute, he must be able to read the will otherwise, he must designate
two persons to read it and communicate to him in any practicable manner the contents thereof.
Whereas, if the testator is blind, the will shall be read to him twice, once by one of the
instrumental witnesses and the other by the notary public before whom the will is acknowledged
HOLOGRAPHIC WILL
32. It must be entirely written, signed and dated by the hand of the testator himself. Here, if the
insertion of words was made after the execution of the will without the consent of the testator, it
is void. If made after execution with the consent of testator, the will is valid but such insertion is
voild. But if made after execution and validated by the testator through his signature, the insertion
becomes part of the will but the will is void. Insertion made in contemporaneous of the execution
of the will, the same is void.
33. The law does not require that the will be executed on same day, at one time and in the same ink, as
unity of the act is not required in this form. GEN RULE:, omission of the date will render the will invalid.
Except when established that the will was made in the absence of: bad faith, fraud, undue influence or
pressure
34. The testator must signed the will by his written name in his usual, habitual and customary manner
hence the requirement deemed not complied by a mere thumbmark.
35. The signature must appear in the will which shall be written below his signature and any disposition
below his signature must further be signed and dates as it is considered independent will.
36. No witnesses shall be required in the execution of this will. However during probate, if its uncontested,
in which case, 1 witness is sufficient who knows of the handwriting or signature of the testator and
explicitly declares that the will. If contested then 3 witnesses. In the absence of competent witnesses,
and the court deemed it necessary to resort to expert testimony.
37. As a general rule, in case of insertion, cancellation or erasure or alteration, the testator must
authenticate the same by his full signature. OTHERWISE considered not made, except where the
testator himself crossed out the name of the heir named, and substituted the name of another,
withoutauthenticationitdoesnotresultinmakingthepersonwhosenamewascrossedasheir.

4. FORMALITIES OF THE WILL
38. GEN RULE: wills executed by filipino, the forms and solemnities of contracts, wills and other public
instruments, shall be governed by the law of the country in which they are executed EXE: Joint Wills shall
not be valid in the Philippines, although the law of the country in which it was executed authorizes
such.
39. WILLS OF AN ALIEN WHO IS ABROAD produces effect in the Philippines if: made with the formalities
prescribed by the law of the place in which he resides; according to the formalities observed in his
country; or in conformitywith theformalities prescribed in thePhilippines
40. WILLS OF AN ALIEN MADE IN THE PHILIPPINES produces effect in the Phil if: executed in accordance
with the law of the country if which he is a citizen; and which might be proved and allowed by the law of his
country.
41. Joint will is one where the same instrument is made the will of 2 or more persons and is jointly
signed by them. Alsywas void. Nut mutual will are separate will of 2 persons which are reciprocal
in their provisions. Valid provided it embodies in a separate instrument.
CODICIL AND INCORPORATION
42. CODICIL is a supplemental or addition to a will made after the execution of a will; and annexed to be taken
as part thereof,by which any disposition made in the original will is explained added to; or altered
43. INCORPORATION BY REFERENCE to be considered as part of the will document or paper must exist
at the tine of the execution of the will must be clearly describe and identified in the will, stating among
others the number of pages must be identified by clear and satisfactory proof as the document or paper
referred to in the will must be signed by the testator and the witnesses in each and every page EXE: in
case of voluminous books of accounts or inventories
44. Revocation of will shall be made at any time before the testator’s death. Therefore, General rule,
any waiver or restriction of right to revoke a will is void BUT: its invalidity shall not affect the validity
of the will itself.
MODES OF REVOKING THE WILL
45. REVOCATION BY IMPLICATION OF LAW- when certain acts or events take place subsequent to the
making of a will - which nullifies or render inoperative either the will itself or some testamentary
disposition therein.
46. REVOCATION BY SUBSEQUENT INSTRUMENT by some will, codicil or other writing executed as
provided in case of will, express or implied
47. REVOCATION OF A WILL DOES NOT AFFECT T H E R E C O G N I T I O N O F A N ILLEGITIMATE
CHILD because it i s n o t a testamentary disposition; and t takes effect immediately after its execution
and not upon the testator's death
48. DOCTRINE OF RELATIVE REVOCATION – when the person revoked a prior will in order to
make a new will, but the testator did not complete the new will or the new will found to
be invalid. The court finds the testators intention was to revoke the prior will only if the
new will was valid.
49. R E Q U I S I T E S F O R V A L I D I T Y O F REVOCATION BY PHYSICAL DESTRUCTION
testator must, at the time of performing it, be in possession of his faculties and capable of making wills
destruction must be with intent to revoke or coupled with animus revocandi must be evidenced of the overt act
(BTOC); and must have been a completed act Here, revocation maybe done by other perspm
under the express direction of the testator and in his presence.
50. REPUBLICATION- is the reproduction of the provisions of the previous will to the new will
whereas REVIVAL is renewing the operative force of will. Note that, a previous will
revoked expressly by subsequent will the revocation of the subsequent doe not revive the
previous.
51. Settled is the rule, that no will shall pass either real or personal property UNLESS it is proved and
allowed in accordance with the rules of court

5. PROBATE
52. PROBATE OF WILL to prove before some officer or tribunal, vested by law with authority for that
purpose: that the instrument offered to be proved is the last will and testament of the deceased person
whose testamentary act is alleged to be; that it has been executed, attested and published as required by
law; and that the testator was of sound and disposing mind.
53. GENeRal RULE: probate proceedings are limited only to extrinsic validity EXE: court shall determine first
Intrinsic Validity of the will when;defect of the will is apparent on its face; or the parties agree that
intrinsic validity be first determined.
54. The probate ofr allowance of the will shall be binding against the world and acquires status of res
judicata. But such limite to to question of soundness of mind and free execution of the will.
Hence, no res judicata as to the intrinsic validity.
55. Ante-mortem probate is done during the lifetime of the testator subject to revocation whereas,
post mortem probate is done after the death of the testator.
56. Grounds for disallowance of will:
1. The formalities required by law has not been complied with,
2. Testator was in unsound mind when the will was executed
3. The execution was not based on free act it was procured through force, duress or
intimidation,
4. executed through force
5. signature was procured through fraud
6. the testator acted by mistake or did not intend to signed the instrument as his last will
7. was 18 years old below at the time of execution of will.
INSTITUTION OF HEIRS
57. INSTITUTION OF HEIRS; defined is an act, by virtue of which a testator designates in his will the
person/s who are to succeed him in his, property, transmissible rights; and, obligations
58. Jurisprudence provides that the lack of institution of heirs will not affect the validity of the will
regardless on whether no heirs are instituted or the institution does not comprise the entire estate. In this
case, the estate shall pass to the legal heirs by intestate succession.
59. IN CASE OF REPUDIATION OR INCAPACITY, the Civil Code expressly declares that the will shall
remain valid and the testamentary disposition not repudiated or to those person who are not
incapacitated shall be complied with, with those that pertain to repudiated share and share of person
incapacitated to receive shall pass to the legal heirs
60. Generally, IF NO COMPULSORY HEIRS, the testator may dispose by will all of his assets or any part of it in
favor of any person having capacity to succeed. Conversely, IF HAS COMPULSORY HEIR, he can still
disposebut as long asthedisposition doesnot prejudice thelegitime of said heirs.
DESIGNATION
61. AS A GENERAL RULE, may designate by name and surname and in such a manner that there can be no
doubt as to who has been instituted
62. IF SAME NAME or surname, , the RULE is , the testator must indicate some circumstance by which the
instituted heir may be known OTHERWISE in case of LATENT AMBIGUITY it can be cured by other
proof, including proof aliunde, to ascertain the intention of the testator other than oral declaration
of the testator, otherwise, IF PERSON INSTITUTED CANNOT STILL BE IDENTIFIED, none shall be an
heir
63. GEN RULE, errors in surname, name or other circumstances, shall not vitiate the institution BUT ONLY
IF it can be ascertain, by use of proof aliunde OTHERWISE cannot inherit.
64. GEN RULE, the disposition to unknown person shall be void EXE: If the identity can become certain by
some event or circumstance PROVIDED such designated heir must be living/ capacitated to inherit as an
HDL at the time the succession opens. OTHERWISE: such designation is invalid
65. GEN RULEthose collectively designated shall be considered asindividuallyinstituted hence,percapita and in
equal parts EXE: contrary intention clearly appears.
66. GEN RULE: BETWEEN FULL AND HALF BLOOD are instituted, they shall have equal parts EXE:
different intention clearly appears
67. GEN RULE: in case of institution of a person and the latters children, it is deemed instituted
simultaneously, and not successively EXE: contrary intention appears

6. 68. GEN RULE, on institution based on statement of false cause, it is deemed not written, except, when
testator would not have made such institution if he had known the falsity of such cause IN THIS
INSTANCE; round for annulment of institution on the ground of false cause REQUISITES: that the cause
for the institution of heirs must be stated in the will cause must be shown to be false it must appear from
the face of the will that the testator would not have made such institution, if he had known the falsity
of thecause.
PRETERITION AND SUBSTITUTION
69. PRETERITION is the omission in the testator's will of the compulsory heirs in the direct line or
anyone of them, either because:they are not mentioned therein; or though mentioned, they are
neither instituted as heirs nor expressly disinherited. Hence, it will result to annulment of the entire
institution of heirs but the legacies and devises shall remain valid, so long as they are not inofficious. HERE
THE heir must survived the testator.
70. SUBSTITUTION is the designation by the testator of a person/s to take the place of the heir/s first
instituted while FIDEICOMMISSARY SUBSTITUTION- LEAVE HIS PROPERTY TO ONE PERSON, WITH
EXPRESS CHARGE THAT it be transmitted subsequently to another/ other. While, ACCRETION is the
right by virtue when 2 or more persons are called to the sane inheritance, devisee or legatee, the
part assigned to the onew who renounces or cannot receive or dies before the testator IS ADDED to
that of his co-heir, co devisee or legatee.
71. GEN RULE: the substitute is subject to the same charges and conditions imposed upon the instituted heir as
he merely steps into the shoes of the latter EXE:the testator expressly provided in the will the contrary; or
charges or conditions are personally applicable only to the instituted heir.
FIDEICOMMISSARY
72. Fideicommissary does not succeed from the fiduciary, for he acquire his right directly from the testator upon
its death. the right of the fideicommissary may be transmitted to his heirs, ONLY after he survived
the testator.
73. GEN RULE the time of transmission for valid fideicommissary substitution is at the death of the
fiduciary EXE: when the testator provide for the time of transmission, provided further, the fiduciary is
obliged to deliver the inheritance to the fideicommissary, without other deduction other than those which
arise from the legitimate expenses, credits and improvements EXE: when the testator has provided
otherwise.
74. Requisites of FIDEICOMMISSARY
A. FIDUCIARY called primarily to the enjoyment of the estate
B. 2nd
heir to whom yje property is transmitted by the 1st
heir
C. Obligation clearly imposed upon fiduciary to proseve and transmit to the 2nd
heir the whole or
part of the estate.
75. LIMITATIONS:
A. SUBSTITUTION MUST not go beyond one degree from the heir instituted
B. Fiduciary and fidei must be living at the time of death of testator
C. Must not burden the legitimate
D. Must be expressly made
76. General rule, the transmission for valid fideicommissary is at the time of death of fiduciary unless
when the testator provide the time.
77. General rule, the testator may prohibit alienation so long as it does not exceed 20 years. any
excess is void and if the testator.
USUFRUCT
78. SUCCESSION OF USUFRUCT whereby the testator leaves to a person the whole or part of the
inheritance and to another the usufruct is valid, here, UPON EXPIRATION OF USUFRUCT, the naked
owner becomes the absolute owner of the property. moreover, IF USUFRUCT IS GIVEN TO VARIOUS
PERSONS, SUCCESSIVELY such is valid only if: (1) all such persons are living at the time of the death of
the testator; and (2) they must not be beyond one degree.

7. CONDITION, MODE AND TERM
79. GEN RULE, the testator has the power to imposed condition, mode and term EXE, if it is imposed upon
the legitime the testator cannot impose upon the legitime any burden. encumbrance, charge, term,
condition or substitution of any kind whatsoever. Except, prohibition against partition for a period not
exceeding 20 years.
80. GEN RULE, prohibition to marry is a void condition EXE:imposed on the widow or widower by the
deceased spouse or by the latter's ascendant or descendants ; or when the condition is not absolute in
character. in here, theprohibition isonlyrelative withrespect toperson,timeorplace.
81. DISPOSITION CAPATORIA is a void disposition. but shall not affect the will itself. one which imposes as
condition that theheirshallmake someprovision in hiswillin favor ofthetestator oranyother person.
82. GEN RULE, reduction of devises or legacies, shall be pro rata, without any distinction EXE: if the
testator has directed that a certain devise or legacy be paid in preference of others IN THIS
INSTANCE, it shall not suffer reduction, until after all other devises and legacies have been applied in full to
the payment of the legitime.
83. TYPES OF TERM
- SUSPENSIVE TERM WHEREIN THE SUCCESSIONAL right is immediately transmitted upon the death
of the testator although the demandability of such is suspended until the happening of the
condition. Prior to arrival of term, the inheritance, devise or legacy shall be given to the legal
or intestate heirs. But the intestate heirs cannot take possession of the property unless it gives
sufficient security.
- Resolutory term the HDL can demand immediately for the delivery of the inheritance and is not
required to give bond.
84. Types of Condition
a. Suspensive – if the condition cannot be fulfilled, it shall be delivered to the substitute heir
of to co-heirs by way of accretion
b. Resolutory – upon extinction, the inheritance shall be passed to those who are legally
entitled to it, to substitute or by way of accretion
c. Potestative – condition depends solely upon the will of HDL and must be performed
personally,. General rule, as soon as the HDL learns of the testator’s death except : 1.
Condition was already complied with the time he learns the testator’s death and 2. When
the nature of condition is impossible to comply with.
d. Casual – conditions depends upon chance and or the will of third person.
e. Mixed – fulfillment depends partly upon the HDL and upon chance or 3rd
person.
f. Impossible – considered as not imposed and shall not affect the disposition.
TESTAMENTARY LEGITIME
85. LEGITIME is the part of testator’s estate which he cannot dispose of because the law reserved it for
compulsory heirs
86. Primary Compulsory Heirs – those who have precedence over the exclude other compulsory heirs
a. Legitimate Children and descendants – ROP in the descending line, the LC excludes the GC of
the decedent
b. Adopted Child – considered as LC of adopter for all intents and purposes and is entitled to the
same share that of LC. Should he only survives, he excludes the LP and ascendants. He can only
inherit from biological parent through disposition and all their legal ties are severed upon
adoption. However, the adopted cannot inherit to the LP or ascendants of adopter.
c. Legitimated children – born out of wedlock and at the time of conception the parents were not
disqualified to marry each other.

8. d. illegitimate children – becomes primary only when illegitimate parent has no children pr
descendants otherwise concurring.
87. SECONDARY COMPULSORY – succeed only in the absence of primary
a. LP and Ascendants – in the absence of LC and descendants of the former. Hence, if ILC
survives, then it concurs to LP/A.
- if both MOTHER AND FATHER survives, equal share
- if EITHER , shall get the entire estate
- if NONE- nearest ascendants
b. ILLIGITIMATE PARENTS – in the absence of LP, ILP and LD.
- Only illegitimate parents are entitled
- NO REPROCITY of successional rights between IGP and IGC. While IGC may inherit from IGP by
way of representing IP, the IGP cannot inherit from IGC as only the IP from ascending line may
inherit.
c. ADOPTING AND BIOLOGICAL PARENTS – each shall have reciprocal rights of succession
88. CONCURRING COMPULSORY HEIRS- who succeed together with the primary and secondary
compulsory heirs
a. SURVIVING SPOUSE – in case of legal separation, still the spouse remained as compulsory heir. If
the decedent had given cause for the same.
- If the SS is guilty , disqualified to inherit
- Shared of SS should she survived with LC and ILC shall be given preference over ILC, hence to
satisfy her share, the share of ILC shall be reduced pro rata.
b. ILLEGITIMATE CHILDREN – to qualify the filiation must be duly proved before they can be
entitled to successional rights.
RESERVA TRONCAL
89. RESERVA TRONCAL or RESERVA LINEAL
- the property must be received by a descendant (praepositus) from an ascendant
- or from a brother or sister BY GRATUITOUS TITLE,
- the said descendant died without an issue
- the same property is inherited by another ascendant (reservista) by operation of law (either through
intestateor compulsory succession)fromthe praepositus.,
- that there are living relatives within the 3rd degree counted from the praepositus and belonging to the
same line from where the property originally came (reservatarios)
90. terms: PRAEPOSITUS- deceased descendant , RESERVISTA – ascendants , RESERVATORIO – relative of
the praepositus within 3rd
degree and of the same line.
91. Example: GF (paternal side) donated to GS a parcel of land upon death of GS. The said property
was inherited by his mother M (reservista). M upon her death, was survived by his Mother GM. GM is
not a reservatorio , although within 2nd
degree of consanguinity with GS, she does not belong to the
same line where the property came.
92. Reserva truncal exists only in the legitimate family which excludes Illegitimate, adoptive
relationship and relationship by affinity.
93. The reservista acquires legal title and dominion to the reservable property BUT SUBJECT TO a
resolutory condition by the survival of reservatories at the time of the death of reservista. (akin to
usufruct).

9. 94. Should reservista alienates the property, and was survived by reservatario, the alienation transmits
only the revocable and conditional ownership of reservista.
95. If the resolutory condition happens, the reservatorio has better right over the property.
96. The RESERVATORIO – has mere inchoate or expectancy right. For the protection of his right he may
: cause the annotation the reservable property in the registry of deed or demand for constitution
of mortgage or security to guaranty the obligation of the reservista.
OTHER RULES AFFECTING THE LEGITIME
97. No RENUNCIATION OR COMPROMISE OF FUTURE LEGITIME
- Contract of future inheritance is against the law hence even if made, the heirs may still claim
98. The following are partial omission and NO Preterition
- If the heir received anything from the testator by way of donation inter vivos such is considered
as an advance of his legitime.
- The will did not mentioned the compulsory heir nor the compulsory heir was given any advance
to his legitime, but the testemenatry disposition do not cover the entire estate. The
undisposed portion shall pass to the omitted compulsory heir by way of intestate succession.
99. Inofficious testamentary disposition are those which impair or diminishes the legitime of the
compulsory heirs. This shall cover also inofficious inter vivos donations. Such sall be reduced by
way of petition by person who have the right to legitime. The prescriptive period is 10 years from
the time of the right of action accrues and that is the death of the testator.
COMPUTATION OF LEGITIME
100. First the value of the property which remains at the time of the death of decedent shall be
determined. Second, the debts and charges which are not imposed in the will shall be deducted.
Third, collation by adding to the Net heridetary Estate , the value of donations by the testator that
are subject to collation given to compulsory heirs and strangers. Fourth, donations which had
been brought to collation should be next be imputed and charged against the corresponding
portion of the estate.
101. RULES ON IMPUTATION OF DONATIONS AND ITS REDUCTION
- Donation given to compulsory heir should be charged to their legitime
- Given to stranger shall be charged to that part of estate which testator could have disposed.
- Donation shall be respected so long as the legitime can be covered.
- General rule, donations made to devises or legacies, will be reduced pro rate without
distinction except when the testator has directed that a certain devise or legacy be paid in
preference of others. In this instance it shall not suffer reduction.
102. D E V I S E S U B J E C T T O R E D U C T I O N CONSIST OF REAL PROPERTY WHICH CANNOT BE
CONVENIENTLY DIVIDED
a. FIRST - IT SHALL GO TO THE DEVISEE if the reduction does not absorb 1/2 of its value,
OTHERWISE; TO COMPULSORY HEIRS - subject to; reimbursement of the devisee, for what
respectively belongs to him.
b. SECOND- if the devisee is also entitled to the legitime, he may RETAIN THE ENTIRE PROPERTY -
regardless on won; the reduction of the devise should absorb more than 1/2 if the value of the
property
c. THIRD - PROVIDED; the value does not exceed:that of the disposable portion; and the share
pertaining to him as a legitime if the heir or devisee mentioned above does not choose to avail
of the foregoing right any heir or devisee who did not have such right may exercise it.

10. should nobody exercise this right the property shall be sold at public auction at the instance of
any interested parties.
DISINHERITANCE
103. General rule the testator cannot deprive his comoulsory heirs of their legitime except by valid
disinheritance.
104. REQUISITES FOR A VALID DISINHERITANCE,
a. the heir disinherited must be designated in such a manner thatthere can be no doubtasto hisidentity,
b. thedisinheritance mustbe for a causedesignated by law must be made in a will,
c. made expressly, stating the cause in the will itself,
d. must be certain and true and must be proved by the interested heirs if the person disinherited
should deny it must be unconditional and total
105. in case of invalid disinheritance, the institution of the heirs are invalid insofar as it may
prejudice the legitime of the person disinherited. However, the institution of the devises and
legacies shall remain valid so long as it does not impair the legitime.
LEGAL CAUSE FOR VALID DISINHERITANCE
106. CAUSES COMMON TO ALL COMPULSORY HEIRS
• Conviction by final judgment of an attempt against life of the testator, his or her spouse, descendants
or ascendants
• Accusing the testator of a crime for which the law prescribes imprisonment for 6 YEARS OR
MORE, if the accusation has been found groundless or false. REQ: judicial declaration that the
accusation us groundless or false
• When the heir causes the testator to make a will or change one already made by fraud, violence,
intimidation, or undue influence
• Unjustifiable refusal to give support FOR DISINHERITING CHILDREN
- unjustified refusal to support parent or ascendants who disinherit such child or descendants
FOR DISINHERITING PARENTS
- unjustified refusal to support the children or descendants
FOR DISINHERITING A SPOUSE
- unjustified refusal to support the children or the other spouse.
OTHER GROUND T O DISINHERIT CHILDREN OR DESCENDANTS
• When a child or descendant has been convicted of adultery or concubinage with the spouse of the
testator
• Maltreatment of the testator by word or deed, by the child of the descendant
• When a child or descendant leads a dishonorable or disgraceful life
• Conviction of a crime which carries with it the penalty of civil interdiction
OTHER GROUND TO DISINHERIT PARENTS OR ASCENDANTS
• Parents have abandoned their children or induced their daughters to live a corrupt or immoral life, or
attempted against their virtues
• Convicted of adultery or concubinage with the spouse of the testator
• Loss of parental authority for causes specified in the FC
• An attempt by one of the parents against the life of the other, Unless there has been a reconciliation
between the.
OTHER GROUNDS TO DISINHERIT THE SPOUSE
• When the spouse has given cause for legal separation
• When the spouse has given grounds for the loss of parental authority.

11. EFFECT OF SUBSEQUENT RECONCILIATION
1. Deprives the Testator to disinherit his heir
2. Renders ineffectual any disinheritance that may have been made.
EXAMPLE - testator who has knowledge of facts which would make his compulsory heir unworthy, but nonetheless
instituted the same as heir in his will
- when testator, condones in writing the heir who committed an act which would make it unworthy.
RIGHT OF REPRESENTATION; AVAILABLE IN CASE OF DISINHERITANCE
• children or descendants of the disinherited heir can take his place and preserve the disinherited heir's
right to the legitime.
• the representative acquires the rights which the person represented would have if he were living or if
he could have inherited. Hence, not limited to legitime.
LEGACY OR DEVISE
107. GEN RULE, LEGACY OR DEVISE OF A THING BELONGING TO ANOTHER, it is VOID if at the time
of the execution of the will, the testator erroneously believed that the thing belonged to him EXE: if the
thing is subsequently acquired by the testator, by whatever title when the testator provides in his will that
the thing be acquired and be given to legatee or devisee.
108. GEN RULE, LEGACY OR DEVISE OF A THING BELONGING TO DEVISEE OR LEGATEE,the devise or
legacy shall be ineffective, EXE: when it shall remain valid alienation in favor of the testator and continue
in the testator's possession at the time of his death if the thing is burdened by a charge or encumbrance in
favor of 3rd person the devise or legacy shall remain valid, should the testator expressly states that
the charges or encumbrance shall be extinguished.
109. GEN RULE, regardless of whether the pledge or mortgage was made after the execution of the will the
estateisobliged to paythedebttoremovetheencumbrancethereon,EXE:contraryintention appears
110. GEN RULE, in case of legacy in favor of creditor, it shall not be applied to his credit EXE: when
testatorso expressly declares inhere,thecreditorhas theright to collect the excess,ifany, ofthe credit,
or devise orlegacy.
111. GEN RULE, the right of devisee or legate is vested from the death of the testator, this means the
devisee or legatee acquires a definite right to transmit it to his heirs and the things shall be delivered to him,
including all its accession and accessories, its incomes and fruits. EXE: if the bequest should not be of a
specific and determinate thing but is a generic or of quantity
LEGAL AND INTESTATE SUCCESSION
112. IN GENERAL the law disfavor intestacy as the intent of the testator is the supreme law in
succession.
113. BASIC RULES OF INTESTATE SUCCESSION
a. Direct descending line excludes direct ascending and collateral lines: LC , adopted and
descendants
b. Default of the first, direct ascending excludes those in collateral line: LP and ascedants
c. In default of second, SS shall ingeirt the entire estate WITH CONCURED BY Brother OR
Sister
d. default, collateral relatives shall inherit entire estate
e. default, state shall inherit entire estate
114. Under the RULE OF PROXIMITY, which provides that relative nearest in degree excludes the more
distant ones, EXE when right of representation takes place.
115. GENRULE, relativesin thesame degree shall inherit inequalsharesEXE: brother and sisters of the full
blood survive together with bro and sis of the half blood the former inherit to a share double that of the
latter. should there be ascendants in both lines half shall go to the parental and the other half tothe
maternal. in each line, the division shall be made per capita. whenever there is succession by
representation, the succession shall be made per stirpes. HENCE IN HERE, the representative,
although in the same degree, shall not inherit more than what t h e p e r s o n t h e y represent would

12. inherit, if he were living if could inherit.
RIGHT OF REPRESENTATION
116. Settled is the rule, that the RIGHT OF REPRESENTATION APPLIES ONLY TO SUCCESSION
CONFERRED BY LAW, legal or intestate succession or testamentary succession, but only with
respect to the legitime. HENCE: no right of representation with respect to voluntary heirs who
succeeds only by virtue of a will.
117. Pursuant to IRON CURTAIN RULE, the law prohibits succession ab intestato between the illegitimate
child and the legitimate children and relatives of the father or mother.
118. In case of an ADOPTED CHILDREN, should he survive with his adopting parents, cannot represent the
former in the inheritance from the parents or ascendants of the adopter. since the relationship created
byadoptionislimitedto theadoptingparentsanddoesnotextendtotheirrelatives.
119. GEN RULE, exclusion from the entire inheritance, losses everything which he could have
otherwise received mortis causa from the decedent, including his legitime if he is a compulsory heir. EXE:
he shall still retain what he had already received from the decedent during the lifetime of the latter EXE
TO EX, when he should commit any act of ingratitude enumerated under Art. 765 NCC: if the donee should
commit some offense against the person, the honor or the property of the donor, or of his wife or
children under his parental authority;
120. Since unworthiness is purely personal to the heir, it does not prejudice his children and
descendants or his brother or sister. Here, the children of the unworthy must survive with their
uncles and aunts.
121. The right to representation shall extend to whatever portion in intestate succession the person
represented may have been entitled to.
RIGHT OF ACCRETION
122. ACCRETION – is a right by virtue of which there are two or more persons who are called to the
same inheritance, device or legacy and the part assigned to one who renounces, cannot receive his
share or who died before the testator IS ADDED to the of co-heirs co devisee or co-legatee. Here,
no accretion as to the legitime only the FREE PORTION. FOR legitime, the heir shall inherit only his
own right. Further, no accretion if the heir designated a part of his supposed inheritance.
INCAPACITY TO SUCCEED
123. AS GENERAL RULE, the possession of juridical capacity not specifically disqualified the heir ,
devisee or legatee must be be living at the moment of succession opens. Except possession of
juridical personality.
124. Testamentary disposition of whole or part of property for prayers or pious works, the manner of
distribution is:
- ½ to the church or denomination which the testator belongs
- ½ to the state for the benefit of public school , charitable institutions or centers
125. In favor of the POOR – generally, limited to the poor of his domicile except when there is a clear
intention appears. Here designation shall be made by : person appointed by the testator for the
purpose , default thereof, the executor, in default, done by justice of peace, mayor or municipal
treasurer.
126. CHILD ALREADY CONCEIVED AT THE TIME OF DEATH
• Child must be alive for at least 24 hours from complete delivery if it had an inta uterine life
of less than 7 mons
• Child must be alive even only for a few hours from complete delivery if it had an intra
uterine life of at least 7 months.
127. The capacity of the heirs is determined upon the death of the decedent except when the

13. institution of the devise and legacy be conditional. Here, the capacity is determined not only at
the time of time but also at the time of the fulfillment of condition. The capacity to succeed is
governed by the national law of the decedent.
128. OBLIGATION OF THE EXCLUDED HEIR
- Return the hereditary property including the fruits and rents which he may have received
- If alienated prior to decalation of incapacity, it shall remain valid provided the transferee acted in GF
or without knowledge of the facts which render the transferor unworthy. Only remedy of co-heir is to
recover damages from the disqualified heir
- If acted in BF, alienation being invalid co-heirs may recover from the transferee
129. Here, prescription shall be brought within 5 years from the time the disqualified possesses
thereof.
ACCEPTANCE AND REPUDIATION
130. GENERAL RULE, the heir may not be compelled to accept the inheritance but he is free to
accept or repudiate the same.
131. To have valid acceptance and repudiation, the person must be certain of the death of the
person from whom he is to inherit and he must be certain of his right to inherit.
132. GEN RULE, the HDL ,deaf-mutes who can read and write may accept and repudiate the inheritance
personally or through an agent, a married woman may accept or repudiate inheritance w/o the
consent of his husband. EXE: when acceptance and repudiation is done by person, other than the HDL
133. A creditor who is prejudice to the repudiation may file a petition to the court to authorize them
to accept it in the name of the heir. There must be repudiation of heir in legal form, there is
existing credit , judicial authorization must be obtained before the creditor may accept for the
debtor and the act of repudiation prejudices the claims of the creditor. Here, should it be granted
only to the extent sufficient to cover the credit.
134. The repudiation and acceptance shall always retroact to the moment of death of the decedent
even if the institution of heir is subject to suspensive condition.
135. General rule, the repudiation or acceptance once made, is irrevocable and cannot be impugned.
Except when it was made through any cause which vitiate the consent.
COLLATION
136. GEN RULE, donation made to the compulsory heirs, is chargeable to their legitimes EXE: when
chargeable to the free portion: w h e n t h e d o n o r e x p r e s s l y provides that collation shall not take
place.
137. General rule, DONATIONS MADE TO STRANGERS is CHARGEABLE AGAINST the free portion. that
part of the estate which the testator could have disposed by his last will. IF FOUND TO BE
INOFFICIOUS they shall be reduced insofar as they are inofficious
PARTITION
138. Prior to partition, the whole estate is owned in coon by the heirs, subject to the payment of the
debts of the deceased. As defined, it is the separation, assignement, division (SAD) of a thing held
in common. The thing itself maybe divided or its value.
139. PARTITION MAY BE DONE BY:
• Testator himself by will or intervivos, if intervivos an exemption to the prohibition against
future inheritance, the testator must make a will and such partition shall take effect only
after his death
• THIRD PERSON DESIGNATED – what is delegated is the power to make physical division of the
estate and does not include power to distribute or dispose

14. • HEIRS- EXTRAJUDICIAL SETTELEMENT: decedent left no will, all heirs are of legal age, in case
of minority shall ne represented, no debts left by the decedent and partition was made by
mans of public instrument.
• COURT – ordinary action of partition
140. RIGHTS OF THE CO-HEIRS TO DEMAND PARTITION
• General rule, every co-heir has the right to demand division of the estate AT ANY TIME
except: when testator may validly prohibit the partition of the estate for a period NOT
EXCEEDING 20 YEARS. this may apply over the legitime
• The heir themselves may agree on indivision for a period not EXCEEDING 10 years but
renewable for like period.
• Voluntary heirs upon whom condition has been imposed cannot demand a partition until the
condition is fulfilled except prior to the happening of condition he shall give sufficient
security for the right.
141. IF PARTITION IS IMPOSSIBLE (indivisible or cause impairment)
• The thing may be adjudicated to oe of the heirs and she shall pay the others the excess in
cash
• Sold in public auction should any of the heirs demand for it and strangers may be allowed to
bid.
142. Established is the rule, that an heir can only sell his ideal or undivided share in the estate, and not any
specific property therein. IN HERE; it presupposes that all debts of the estate has been paid and the shares
of the legatees and devisees has been given.
143. If sold to stranger before partition, the co-heirs may redeem such share from the purchaser by
reimbursing the latter of the price of the sale
OTHER NOTES
144. In general, compulsory heirs are those for whom the law has reserved a portion of the testator's
estate which is known as the legitime. In particular, the following are compulsory heirs:
- Legitimate children and descendants, with respect to their legitimate parents and ascendants;
- In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children
and descendants;The widow or widower; Acknowledged natural children and natural children by legal
fiction;
- Other illegitimate children referred to in Art. 287. In all cases of illegitimate children, their filiation must be
duly proved. The father or mother of illegitimate children of the classes mentioned shall inherit from them in
the manner and to the extent established by the Civil Code. (Art. 887, Civil Code).
145. The following shall be sufficient causes for the disinheritance of children and descendants, legitimate as well
asillegitimate:
• When a child or descendant has been found guilty of an attempt against the life of the testator, his or
her spouse, descendants, or ascendants;
• When a child or descendant has accused the testator of a crime for which the law prescribes
imprisonment for six years or more if the accusation has been found groundless;
• When a child or descendant has been convicted of adultery or concubinage with the spouse of the
testator;
• 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;
• A refusal without justifiable cause to support the parent or ascendant who disinherits such child
or descendant;

15. • Maltreatment of the testator by word or deed, by the child or descendant;
• When a child or descendant leads a dishonorable or disgraceful life;
• Conviction of a crime which carries with it the penalty of civil interdiction.
146. According to the Civil Code, by future property is understood anything which the donor cannot
dispose of at the time of the donation. Obviously, "W's" share in her husband's estate does not fall within
the purview of the definition. Because of the principle that successional rights are transmitted at the very
moment of the death of the decedent, it is evident that "W" had a perfect right to donate her share in her
husband'sestate.
147. Under No. 2 of Art. 1027 of the Civil Code, the law extends the disqualification of priests and
ministers of the gospel to their relatives within the fourth degree as well as to the church, order,
chapter,community,organizationorinstitutiontowhichtheymaybelong.The spouseisnotincluded.
148. In intestacy the estate of the decedent is divided among the legitimate and illegitimate children such
that the share of each illegitimate child is one - half the share of each legitimate child.
149. The law of intestate succession is explicit. Since both B and C are collateral relatives of the decedent A,
therefore, the rule of proximity is applicable. Relatives nearest in degree exclude the more distant ones, B is
a second degree relative of A, while C is a third degree relative. Besides, under the general order of
intestate succession, brothers and sisters, whether of the full or half blood, are always preferred to
uncles oraunts.
150. The mother cannot inherit from T because under Art. 985 the ascendants shall inherit in default of
legitimate children and descendants of the deceased. The widow's share is P30.000.00 because under Art,
996 it states that if the widow or widower and legitimate children or descendants are left, the surviving
spouse has in the succession the same share as that of each of the children, C has no share because his
father is still alive hence succession by representation shall not apply (Art. 975). D inherits P30.000 which is
the share of his father E who predeceased T by virtue of Art. 981 on the right of representation. F has
no share because his father G repudiated the inheritance. Under Article 977 heirs who repudiate their
share may not be represented.
151. A shall be entitled to the share of a legitimate child. B shall also be entitled to the share of a legitimate
child. D, being a natural child by legal fiction, shall be entitled to one-half (1/2) of the share of A or B. It must
be observed that Guillermo's marriage to Juana id void from the point of view of Philippine Law since the
decree of absolute divorce obtained by him against Pacita is not recognized as a valid decree (see Arts. 15,
71, 80, No. (4). E shall not participate in the inheritance because she is not a legal heir of Guillermo. Pacita
however, shall be entitled to the same share as A or B, being the surviving spouse of Guillermo (Art. 999,
Civil Code). F, the legitimate son of C, will inherit by right of representation. Juana shall not
participate in the inheritance because she is not a legal heir of Guillermo.