UP 2010 Civil Law (Succession) PDF

CIVIL LAW REVIEWER
TABLE of CONTENTS
SUCCESSION
Table of Contents
Chapter V. Partition and Distribution of
Estate .............................................................. 83
I.
Concept of Partition ............................ 83
II.
Effects of Partition............................... 84
III. Nullification of Partition ....................... 84
IV. Important Periods in Partition ............. 85
Chapter II. Testamentary Succession ..........61

I.
Concept ...............................................61
II.
Testamentary Capacity .......................61
III. Formalities of Wills ..............................61
IV. Qualifications of Witnesses to a Notarial
Will 62
V. Qualifications of Witnesses to a Notarial
Will 63
VI. Institution of Heirs ...............................63
VII.
Applicable Principles of Private
International Law .........................................63
VIII.
Codicils
and
Incorporation
by
Reference ....................................................64
IX. Revocation of Wills and Testamentary
Dispositions..................................................64
X. Allowance and Disallowance of Wills..65
XI. Substitution of Heirs ............................66
XII.
Legitimes.........................................67
XIII.
Preterition........................................69
XIV.
Reserva Troncal .............................69
XV.
Disinheritance .................................70
XVI.
Legacies and Devises.....................71
Chapter VI. Application of the Important

Concepts through Sample Computational
Problems......................................................... 86
I.
Institution of Heirs ............................... 86
II.
Legitimes............................................. 86
III. Intestate Succession........................... 87
IV. Accretion ............................................. 87
V. Collation .............................................. 88
Chapter III. Intestate Succession..................74

I.
Causes
for
Legal
or
Intestate
Succession...................................................74
II.
The Intestate or Legal Heirs................74
III. Fundamental Underlying Principles in
Legal or Intestate Succession......................74
IV. Relationship (Arts. 963-969, CC) ........75
V. The Right of Representation (Art. 970,
CC) 75
VI. Order of Legal or Intestate Succession
76
VII.
Concurrence in Legal or Intestate
Succession...................................................77
VIII.
Outline of Intestate Shares .............77
IX. Order of Concurrence in the Case of an
Adopted Child (Art, 190, FC) .......................78
Chapter
IV.
Provisions
Common
to
Testamentary and Intestate Succession .....79
I.
Accretion .............................................79
II.
Capacity to Succeed ...........................80
III. Acceptance
and
Repudiation
of
Inheritance ...................................................81
IV. Collation (Arts. 1061-1077, CC)..........81
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Chapter I. Concept of Succession................59

I.
Definition of Succession (Art. 774, CC)
59
II.
Opening of Succession (Art. 777, CC) 59
III. Kinds of Succession (Art. 778, CC) ....59
IV. Heirs ....................................................60
Kristine Bongcaron
Emil Lunasco
Lead Writers
Alex Lopez
Writer
CIVIL LAW
Kristine Bongcaron
Patricia Tobias
Subject Editors
ACADEMICS COMMITTEE
Kristine Bongcaron
Michelle Dy
Patrich Leccio
Editors-in-Chief
PRINTING & DISTRIBUTION

Kae Guerrero
DESIGN & LAYOUT

Pat Hernandez
Viktor Fontanilla
Rusell Aragones
Romualdo Menzon Jr.
Rania Joya
LECTURES COMMITTEE
Michelle Arias
Camille Maranan
Angela Sandalo
Chapter I. Concept of Succession

I.
II.
III.
IV.
DEFINITION OF SUCCESSION
OPENING OF SUCCESSION
KINDS OF SUCCESSION
KINDS OF HEIRS
I.
Definition of Succession (Art. 774,
CC)
It is a mode of acquisition
by virtue of which the property, rights and
obligations
to the extent of the value of the inheritance,
of a person
are transmitted through his death to another
or others
either by his will, or by operation of law
a process of
transmission of property,
rights, and obligations not extinguished by
death (Balane)
II. Opening of Succession (Art. 777, CC)
Heads
Katz Manzano Mary Rose Beley
Sam Nuez Krizel Malabanan
Arianne Cerezo Marcrese Banaag
Volunteers
The rights to succession are transmitted

from the moment of the death of the
decedent.
However, a person may be presumed
dead for the purpose of opening his
succession (Rules on presumptive death
in Arts. 390-391, CC). In this case,
succession is only of provisional character
because there is always a chance that the
absentee may still be alive.
MOCK BAR COMMITTEE

Lilibeth Perez
BAR CANDIDATES WELFARE
III. Kinds of Succession (Art. 778, CC)
Testamentary (Art. 779, CC) - results from

the designation of an heir made in a will
Legal or intestate (Art. 960, CC) - takes

place by operation of law in the absence of a
valid will
If a person dies without a will or with a
void will or one which has subsequently
lost its validity;
The suspensive condition attached to
the institution of heir does not happen or
is not fulfilled or the heir dies before the
testator or repudiates the inheritance,
there being no substitution and no right
of accretion takes place
When the heir instituted in incapable of
succeeding, except in cases provided in
this Code.
Heir dies before the testator
Dahlia Salamat
LOGISTICS
Charisse Mendoza
SECRETARIAT COMMITTEE
Jill Hernandez
Head
Loraine Mendoza Faye Celso
Mary Mendoza Joie Bajo
Members
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SUCCESSION
SUCCESSION TEAM
Chapter I. CONCEPT OF SUCCESSION
SUCCESSION
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Chapter I. CONCEPT OF SUCCESSION
Testator repudiates the inheritance
Mixed (Art. 780, CC) - effected partly by will

and partly by operation of law
IV. Heirs
Those who are called to the whole or to an

aliquot portion of the inheritance either by
will or by operation of law
Compulsory Heirs those who succeed by

force of law to some portion of the
inheritance, in an amount predetermined by
law known as the legitime, of which they
cannot be deprived by the testator, except
by a valid disinheritance. They succeed
regardless of a will.
Voluntary or Testamentary Heirs those

who are instituted by the testator in his will,
to succeed to the portion of the inheritance
of which the testator can freely dispose.
They succeed by reason of a will.
Legal or Intestate Heirs those who

succeed to the estate of the decedent who
dies without a valid will, or to the portion of
such estate not disposed of by will. They
succeed in the absence of a valid will,
although this is not the only ground for
intestacy, as can be seen in Chapter III.
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Chapter II. TESTAMENTARY SUCCESSION
Chapter II. Testamentary Succession
I.
II.
III.
IV.
V.
VI.
VII.
Concept of Testamentary Succession

Testamentary Capacity
Formalities of Wills
Qualifications of Witnesses to a Notarial Will
Amending a Will
Institution of Heirs
Applicable Principles of Private International
Law
VIII. Codicils and Incorporation by Reference
IX. Revocation of wills and Testamentary
disposition
X. Allowance and Disallowance of wills
XI. Substitution of Heirs
XII. Legitimes
XIII. Preterition
XIV. Reserva Troncal
XV. Disinheritance
XVI. Legacies and Devices
I.
Concept
Common Requirements for Both Kinds of

Wills (Art. 804, CC)
1. Every will must be in writing; and
2. Executed in the language known to the
testator.
_____________
1. In writing (Art. 804, CC)

2. In the language known to the testator (Art.
804, CC)
Law in force at the time the will

was executed (Art. 795, CC)
Intrinsic
Validity
Law of decedents nationality at

the time of his death (Art. 16
and 2263, CC)
II. Testamentary Capacity
Kinds of Wills
1. Notarial will- Ordinary or attested will (Arts.
804-808, CC)
2. Holographic will (Arts. 804 and 810, CC)
Governing Law
Formal Validity
III. Formalities of Wills
Specific Requirements for Notarial Wills

(Asked in 75, 86, 90, 93, 07 and 08)
Governing Law on Validity with Respect to

the Time of Execution
Aspect of the
Will
disease, injury or other cause. (Art. 799,

CC)
Soundness of mind is presumed (Art.
800, CC)
Requirements (SAP)
Testator is of Sound mind at the time of
execution (Art. 798, CC)
Not under 18 years of Age (Art. 797,
CC)
Not expressly Prohibited by law to make
a will (Art. 796, CC)
Soundness of mindRules to remember:
It is sufficient that the testator (NPC)
o Knew the Nature of the estate to
be disposed of; (N)
o The Proper objects of his bounty;
(P)
o Character of the testamentary act
(C) (Art. 799, CC)
It is not necessary that the testator be in
full possession of all his reasoning
faculties, or that his mind be wholly
unbroken, unimpaired, or unshattered by
3. SUBSCRIPTION: Subscribed to, at the

end (Art. 805, CC) a. By the testator himself; or
b. By the testators name written by a
representative in his presence and
under his express direction.
4. ATTESTATION: Attested and subscribed
by 3 or more credible witnesses in the
presence of the testator and of one
another (Art. 805, CC).
GENERAL RULE
The law presumes that
every person is of sound
mind
EXCEPTION
If within one month
before making a will the
testator is known to be
insane, the burden of
proof that he had a lucid
interval is on the one
alleging the validity of
the will.
Supervening
incapacity
will
not
invalidate the will. Supervening capacity
will also not validate the will. (Art. 801,
CC)
The attestation clause shall state the ff:
Number of pages;
The fact that the testator or his
representative under his express
direction signed the will and every
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Test of Presence:
Jaboneta vs. Gustilo, (1906): Not
whether they actually saw each other
sign, but whether they might have seen
each other sign had they chosen to do
so considering their mental and physical
condition and position with relation to
each other at the moment of inscription
of each signature.
5. MARGINAL SIGNATURES: Testator or his

representative shall write his name, and the
witnesses shall sign each and every page
except the last page (Art. 805, CC)
Exceptions:
When the will consists of only one
page
Abangan vs. Abangan, (1919):
When the will consists of only two
pages, the first of which contains all
dispositions and is signed at the
bottom by the testator and the
witnesses, and the second page
contains only the attestation clause
duly signed at the bottom by the
witnesses.
In the case of Matias vs. Salud (1957),

the use of thumbprint was allowed.
Icasiano vs. Icasiano, (1964): The

inadvertent failure of one witness to affix
his signature to one page of a
testament, due to the simultaneous
lifting of two pages in the course of
signing, is not per se sufficient to justify
denial of probate.
6. PAGE
NUMBERINGS:
Numbered
correlatively (Art. 805, CC), i.e., Page One
of Five pages
7. Acknowledged before a notary public by
the testator and the witnesses (Art. 806, CC)
In the case of Cruz vs. Villasor (1973)
the court ruled that the Notary public
cannot be considered a third witness.
He cannot acknowledge before himself
his having signed the will. To allow such
would have the effect of having only two
attesting witnesses to the will which
would be in contravention of Arts. 805

and 806.
_____________
Special Requirements for Notarial Wills
1. Deaf Mute (Art. 807, CC)
a. Testator must personally read the will; or
b. Testator shall personally designate two
persons to read the contents and
communicate it to him in some
practicable manner.
2. Blind (Art. 808, CC)
a. The will shall be read to the testator
twice - By one of the subscribing
witnesses and by the notary public
acknowledging the will.
b. In the case of Garcia vs. Vasquez
(1970), the court considered a testator
suffering from Glaucoma as legally
blind.
_____________
Requisites for a Holographic Will
1. In writing (Art. 804, CC)
2. In a language known to the testator (Art.
804, CC)
3. Entirely written, dated and signed in the
hand of the testator himself (Art. 810, CC)
IV. Qualifications of
Notarial Will
Witnesses to a
Qualifications (Art. 820, CC)

1. Of sound mind
2. Aged 18 years or over
3. Not blind, deaf or dumb
4. Able to read and write
Disqualifications (Art. 821, CC)
1. Person not domiciled in the Philippines
2. Those who have been convicted
falsification, perjury, or false testimony.
of
Interested witness (Art. 823, CC)

General Rule
Devises or legacies in
favor of a spouse, parent
or child who also attests
to the will as a witness
shall be void
Exception
If there are three other
competent witnesses, the
device or legacy shall be
valid and the interested
witness shall be treated
as a mere surplasage
Creditors are not incompetent to be

witnesses (Art. 824, CC)
Supervening incompetency shall not prevent
the allowance of the will (Art. 822, CC)
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SUCCESSION
page in the presence of instrumental

witnesses
That the witnesses signed the will
and all its pages in the presence of
the testator and of one another.
CIVIL LAW REVIEWER
Witnesses to a
Notarial Will v. Holographic Will

Notarial Will
NOTARIAL codicil ONLY
Holographic WIll
Notarial Codicil; or
Holographic Codicil; or
Additional
dispositions
below the signature,
dated and signed in the
hand of the testator.
Codicil (Art. 825, CC)- it is a supplement

or addition to a will, made AFTER the
execution and annexed to be taken as
part thereof, by which any disposition
made in the original is explained,
added to, or altered.
Effect of insertion written by another person

on the validity of a holographic will)
When made
After
the
execution,
without
consent
of
testator
After execution, with
consent
After execution, validated
by testators signature
Contemporaneous to the
execution of the will
Effect
Insertion considered not
written. Validity cannot be
defeated by the malice or
caprice of a third person
Will is valid, insertion is
void.
Insertion becomes part of
the will. Entire will
becomes void because it
is not wholly written by
the testator.
Will is void because it is
not written entirely by the
testator
6. Only the free portion can be disposed of

by institution.
A voluntary heir who dies before the testator

or proves to be incapacitated transmits
nothing to his heirs (Art. 851, CC)
Three principles in institution of heirs

1. Equality of heirs (Art. 846, CC)
a. Heirs instituted without designation of
shares shall inherit in equal parts
b. NOTE: This applies even to institution of
full and half-blood siblings.
2. Individuality of institution (Art. 847, CC)
Example: I designate A, B, and the
children of C. Unless otherwise stated, if
C has two children, the estate will be
distributed in four equal parts.
3. Simultaneity of institution (Art. 849, CC)
Example: I designate my brother A and
his children. A and his children will
inherit at the same time, unless
otherwise expressly stated that they will
inherit successively.
Institution based on a false cause (Art. 850,
CC)
GENERAL RULE
EXCEPTION
False
cause
is If the testator would
considered not written not have made the
and the institution will institution had he
take effect
known the false cause,
the institution would
NOT take effect
VI. Institution of Heirs

(Asked in 94, 05, 06, and 08)
Definition (Art. 841, CC)
It is an act by virtue of which a testator
designates in his will the persons who
are to succeed him.
Requisites for a valid institution
1. Testator has capacity to make the
institution
2. The institution is made in a will
3. Institution is made personally by the
testator and is not left to a third person
4. Persons instituted must be identified or
identifiable
5. There must be no preterition of compulsory
heirs
Example: I designate A to half of the

estate ONLY because he is the husband
of my daughter. Note that the reliance
on the false cause must be clear and
unmistakable.
VII. Applicable Principles

International Law
of
Private
Governing Law As to Time of Execution of

Will
Aspect of the Will
Formal Validity
Intrinsic Validity
Governing Law
Law in force at the time
the will was made
Law
of
decedents
nationality at the time of
his death (Art. 16, CC)
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V. Qualifications of
Notarial Will
Governing Law as to Place of Execution of

Will
Testator
Place of
Execution of Will
Philippines
Outside of
Philippines
the
Filipino
Alien
Philippines
Outside of
Philippines
the
Governing Law
Philippine Law (Art.
16, CC)
1. Law of the country
in which it is executed
(Art. 17, CC); or
2. Philippine Law (Art.
815, CC)
1. Philippine Law; or
2. Law of the country
of which testator is a
citizen or subject (Art.
817, CC)
1. Law of the place
where the will is
executed (Art. 17,
CC); or
2. Law of the place
where the testator
resides; or
3.
Law
of
the
testators country; or
4. Philippine Law (Art.
816, CC)
Aspects of the Will Governed by the National

Law of the Decedent
1. Order of succession;
2. Amount of successional rights;
3. Intrinsic
validity
of
testamentary
provisions; and
4. Capacity to succeed.
Joint Will
1. A single testamentary instrument,
2. Which contains the wills of two or more
persons,
3. Jointly executed by them,
4. Either for their reciprocal benefit or for the
benefit of a third person.
Mutual Wills
1. Executed pursuant to an agreement
between two or more persons,
2. Jointly executed by them,
3. Either for their reciprocal benefit or for the
benefit of a third person.
Reciprocal Wills
1. Testators name each other as beneficiaries
in their own wills,
2. under similar testamentary plans
Note: A will that is both joint and mutual is one
executed jointly by two or more persons,
the provisions of which are reciprocal and
which shows on its face the devises are
made in consideration of each other.

Such is prohibited under Art. 819, CC.
Prohibition is applicable only to joint
wills executed by Filipinos.
64
VIII. Codicils and
Reference
Incorporation
by
Codicil (Arts. 825-826, CC)

1. It is a supplement or addition to a will,
2. made after the execution of a will,
3. and annexed to be taken as a part of the
will,
4. by which any disposition made in the original
will is explained, added to, or altered.
5. in order that it may be effective, it shall be
executed as in the case of a will.
Incorporation by Reference; Requisites (Art,
827, CC)
1. The document or paper referred to in the will
must be in existence at the time of the
execution of the will.
2. The will must clearly describe and identify
the same, stating among other things the
number of pages thereof.
3. It must be identified by clear and
satisfactory proof as the document or paper
referred to therein; and
4. It must be signed by the testator and the
witnesses on each and every page,
except in case of voluminous books of
account or inventories.
IX. Revocation
of
Wills
Testamentary Dispositions
and
Modes of Revocation (Art. 830, CC)

1. By implication of law; or
2. By the execution of a will, codicil or other
writing executed as provided in the case of
wills; or
3. By burning, tearing, canceling, or
obliterating the will with the intention of
revoking it, by the testator himself, or by
some other person in his presence, and
by his express direction.
Note: The act contemplating revocation must be
done at any time before the death of the
testator. The right of revocation cannot be
waived or restricted. (Art. 828, CC)
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Law Governing Revocation (Art. 829, CC)

Place of
Revocation
Philippines
Testators
Domicile
Philippines, or
some
other
country
Philippines
Foreign
Country
Outside
the
Philippines
Governing
Law
Philippine Law
Philippine Law
1. Law of the
place where
the will was
made; or
2. Law of the
place in which
the
testator
had
his
domicile at the
time
of
revocation
Doctrine of Dependent Relative Revocation

Molo vs. Molo, (1951): The rule that where
the act of destruction is connected with the
making of another will so as to fairly raise
the inference that the testator meant the
revocation of the old to depend upon the
efficacy of the new disposition intended to
be substituted, the revocation will be
conditional and dependent upon the
efficacy of the new disposition; and if for
any reason, the new will intended to be
made as a substitute is inoperative, the
revocation fails and the original will
remain in full force.
X.
Allowance and Disallowance of Wills
Probate
It is a Special Proceeding required to
establish the validity of a will and in order to
pass real or personal property (Art. 838, CC)
Mercado vs. Santos (1938): The probate of

a will by the probate court having jurisdiction
thereof is usually considered as conclusive
as to its due execution and validity, and is
also conclusive that the testator was of
sound and disposing mind at the time when
he executed the will, and was not acting
under duress, menace, fraud, or undue
influence, and that the will is genuine and
not a forgery.
General Rule: In probate proceedings, the
probate court cannot inquire into the intrinsic
validity of testamentary provisions. Only the
extrinsic validity of such wills may be

examined.
Exceptions:
a. Acain vs Diongson (1987): When the will
is intrinsically void, on its face such that
to rule on its formal validity would be a
futile exercise
b. Valera vs. Inserto, (1987): Claimants are
all heirs, and they consent, either,
expressly or impliedly, to the submission
of the question of intrinsic validity to the
court.
c. Pastor vs. CA, (1983): Probate court
may pass upon the title thereto, but such
determination is provisional and not
conclusive, and is subject to the final
decision in a separate action to resolve
title.
Matters to be Proved in Probate
1. Whether the instrument which is offered for
probate is the last will and testament of
the decedent
2. Whether the will has been executed in
accordance
with
the
formalities
prescribed by law
3. Whether the testator had testamentary
capacity at the time of execution of the will
Grounds for Disallowance of Will (Art. 839,
CC; Rule 76, Sec 9) (SUM IFF)
1. If the Signature of the testator was procured
by fraud;
2. If it was procured by Undue and improper
pressure and influence, on the part of the
beneficiary or some other person;
3. If the testator acted by Mistake or did not
intend that the instrument he signed should
be his will at the time affixing his signature
thereto;
4. If the testator was Insane or otherwise
mentally incapable of making a will at the
time of its execution;
5. If the Formalities required by law have not
been complied with; or
6. If it was executed through Force or under
duress, or the influence of fear, or threats.
Note: This list on the grounds for disallowance
of will is exclusive.
Revocation v. Disallowance
Revocation
Voluntary Act of the
Testator
With or Without Cause
Disallowance
Given by Judicial Decree
Must always be for a
legal cause
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CIVIL LAW REVIEWER
May be partial or total

Always
total,
except
when the ground of fraud
of influence for example
affects
only
certain
portions of the will
XI. Substitution of Heirs

Definition of Substitution (Art. 857, CC)
1. It is the appointment of another heir,
2. So that he may enter into the inheritance in
default of the heir originally instituted.
Classes of Substitution
1. Simple or Common: The testator may
designate one or more persons to substitute
the heir/s instituted in case the heirs should:
a. die before him (predecease),
b. should not wish to accept the
inheritance (repudiation), or
c. should be incapacitated to accept the
inheritance (incapacitated). (Art. 859,
CC)
2. Brief or Compendious (Art. 860, CC)
a. Brief Two or more persons were
designated by the testator to substitute
for only one heir
b. Compendious One person is
designated to take the place of two or
more heirs
3. Reciprocal
If the heirs instituted in unequal shares
should be reciprocally substituted, the
substitute shall acquire the share of the
heir who dies, renounces, or is
incapacitated, unless it clearly appears
that the intention of the testator was
otherwise. If there is more than one
substitute, they shall have the same
share in the substitution as the
institution.
Example (only 1 substitute): If two heirs
are reciprocally substituted, then if one
of them dies before the testator dies,
renounces, or turns out to be
incapacitated, the other will get his
share, regardless of whether or not their
shares are equal.
Example (more than 1 substitute): A is
instituted to 1/3, B to 1/6, and C to . If
C dies before the testator, renounces or
turns out to be incapacitated, then the
other two will get his shares in the same
proportion as in the institution. A will get
twice as much as B (because his share
of 1/3 in the institution is twice the size
of Bs share of 1/6)
4. Fideicommissary
If the testator institutes an heir with an
obligation to preserve and to deliver to
another the property so inherited. The
heir instituted to such condition is called
the First Heir or the Fiduciary Heir; the
one to receive the property is the
fideicommissary of the second heir. (Art.
863, CC)
Requisites of a Fideicommisary Substitution
(Arts. 863-865, CC)
1. A Fiduciary or First Heir instituted is
entrusted with the obligation to preserve
and to transmit to a Fideicommissary
Substitute or Second Heir the whole or part
of the inheritance.
2. The substitution must not go beyond one
degree from the heir originally instituted.
3. The
Fiduciary
Heir
and
the
Fideicommissary are living at the time of
the death of the testator.
4. The fideicommissary substitution must be
expressly made.
5. The fideicommissary substitution is imposed
on the free portion of the estate and
never on the legitime
Note:
a. Palacios vs. Ramirez (1982): Degree
refers to degree of relationship.
b. PCIB vs. Escolin (1974): In the absence
of an obligation on the part of the first
heir to preserve the property for the
second heir, there is no fideicommissary
substitution.
Effects
of
predecease
of
heir/fiduciary
or
the
heir/fideicommisary
the
first
second
Legend:
T Testator
FH First Heir / Fiduciary
SH Second Heir / Fideicommissary
Substitute
Situation 1: If the following is the sequence

of death of the three parties: FH SH T,
who will inherit? The legal heirs. There is
no fideicommissary substitution because FH
and SH are not living at the time of the
testators death. (Art 863, CC)
Situation 2: T SH FH, who will inherit?

The SH and his heirs under Art. 866, CC.
This is because the SH passes his rights to
his own heirs when he dies before FH.
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Situation 3: FH T SH, who will inherit?

No specific provision in law, but SH inherits
because the T intended him to inherit.
XII. Legitimes
Definition of Legitime (Art. 886, CC)
1. It is that part of the testators property which
he cannot dispose of,
2. Because the law has reserved it for his
compulsory heirs.
Classes of Compulsory Heirs (Art. 887, CC)
1. Primary: Those who have precedence
over and exclude other compulsory heirs:
Legitimate Children and Legitimate
Descendants with respect to their
Legitimate Parents and Ascendants
2. Secondary: Those who succeed only in
the absence of the Primary compulsory
heirs:
a. Legitimate Parents and Legitimate
Ascendants, with respect to their
Legitimate Children and Descendants.
(They will inherit only in default of
legitimate
children
and
their
descendants)
b. Illegitimate Parents with respect to their
Illegitimate Children. (They will inherit
only in default of the illegitimate and
legitimate children and their respective
descendants).
Note
that
other
illegitimate ascendants are not included.
3. Concurring: Those who succeed together
with the primary or the secondary
compulsory heirs:
a. Widow or Widower / Surviving Spouse
(Legitimate)
b. Illegitimate Children and Illegitimate
Descendants
If the testator is a
LEGITIMATE CHILD:
1. LC and descendants
2. In default of No. 1, LP
and ascendants
3. SS
4. IC and descendants
If the testator is an
ILLEGITIMATE CHILD:
1. LC and descendants
2. ILC and descendants
3. In default of Nos. 1-2.
ILP only
4. SS
Legend:
LC Legitimate Children
ILC Illegitimate Children
SS Surviving Spouse
LP Legitimate Parents
ILP Illegitimate Parents
Specific Rules on Legitimes

1. Direct Descending Line
a. Rule of Preference between lines (Art
978 and 985, CC)
Those in the direct descending line
shall exclude those in the direct
ascending and collateral lines; and
Those in the direct ascending line
shall, in turn, exclude those in the
collateral line.
b. Rule of Proximity (Art 926, CC)
The relative nearest in degree
excludes the farther one
c. Right or representation ad infinitum in
case of predecease, incapacity, or
disinheritance (Art 972 and 992, CC)
For decedents who are Legitimate
Children, only the Legitimate
Descendants are entitled to right of
representation.
For decedents who are Illegitimate
Children, both the Legitimate and
the Illegitimate Descendants can
represent, only with respect to the
decedents illegitimate parents.
d. If all the Legitimate Children
repudiate their legitime, the next
generation of Legitimate Descendants
may succeed in their own right.
2. Direct Ascending Line
a. Rule of division between lines
The father and the mother shall
inherit equally if both living. One
succeeds to the entire estate of the
child if the other is dead. (Art. 986,
CC)
In default of the mother and the
father, the ascendants nearest in
degree will inherit. (Art. 987)
If there are more than one relative of
the same degree but of different
lines, one half will go to the paternal
ascendants and the other half to the
maternal ascendants. (Art. 987)
b. Rule of equal division
The relatives who are in the same
degree shall inherit in equal shares.
(Art 987)
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Summary of Legitimes of Compulsory Heirs

(Asked in 82, 85, 86, 97, 99, 03, and 05)
Surviving
LC &
SS
Relatives
Descendants
1
LC alone
(divided by #
of children)
2
1 LC, SS
3
LC, SS
(divided by #
Same as
of children)
share of 1
LC
4
LC, ILC
1 LC, SS, ILC
2 or more LC, SS,

ILC
7
8
9
10
11
LP alone
LP, ILC
LP, SS
LP, SS, ILC
ILC alone
12
ILC, SS
13
SS alone
14
15
16
ILP alone
ILP, SS
Adopter, ILC, SS
(preferred)
Same as
share of 1
LC
(divided by #
of children)
ILC
LP &
Ascendants
68
share of 1
LC
share of 1
LC
share of 1
LC
1/8
(divided
by # of
children)
1/3
(divided
by # of
children)
1/3
ILP
SUCCESSION
CIVIL LAW REVIEWER
1/3
or if
marriage in
articulo
mortis
Steps in Determining the Legitime of

Compulsory Heirs
1. Determine the gross value of the estate at
the time of the death of the testator.
2. Determine all debts and charges which are
chargeable against the estate.
3. Determine the net value of the estate by
deducting all the debts and charges from the
gross value of the estate.
4. Collate or add the value of all donations inter
vivos to the net value of the estate.
5. Determine the amount of the legitime from
the total thus found.
6. Impute the value of all donations inter vivos
made to strangers against the disposable
free portion and restore it to the estate if the
donation is inofficious.
7. Distribute the residue of the estate in
accordance with the will of the testator.
Note: Please see the Illustrative Integrative
Problems in Chapter VI for the application of
these steps.
1/3
1/3
1/3
(adopter)
Remedy of a Compulsory Heir in case of

Impairment of Legitime
Extent and Nature of
Impairment
Total omission of a
compulsory heir who is a
direct
descendant
or
ascendant (preterition)
Testamentary dispositions
impairing or diminishing
the legitime
Partial impairment
Impairment by inofficious
donations
Remedy
Annulment of institution
and reduction of legacies
and devises (Art. 854, CC)
Reduction
of
the
disposition insofar as they
may be inofficious or
excessive (Art. 907, CC)
Completion of the legitime
(Art. 906, CC)
Collation reduction of
donations (Arts. 771 and
911, CC)
XIII. Preterition
(Asked in 88, 99, 00, 01 and 08)
A. Concept of Preterition (Art. 854, CC)
1. There must be a total omission of one,
some or all of the heir/s in the will.
2. 2. The omission must be that of a
compulsory heir.
3. 3. The compulsory heir omitted must be of
the direct line.
4. The omitted compulsory heir must be living
at the time of the testators death or must
at least have been conceived before the
testators death.
B. Effects of Preterition (Art. 854, CC)
1. The institution of the heir is annulled.
2. Devises and legacies shall remain valid as
long as they are not inofficious.
3. If the omitted compulsory heir should die
before the testator, the institution shall be
effective, without prejudice to the right of
representation.
Neri vs. Akutin (1941): When there are
no devises and legacies, preterition will
result in the annulment of the will and
give rise to intestate succession.
XIV. Reserva Troncal

(Asked in 79, 82, 85, and 87)
A. Concept of Reserva Troncal (Art. 891,
CC)
Situation
1. A descendant (prepositus) inherits or
acquires property from an ascendant
(source) by gratiutious title or from a brother
or sister
2. The same property is inherited by another
ascendant (reservista) or is otherwise
acquired by him by operation of law from the
said descendant (prepositus)
Then an obligation arises
The said ascendant (reservista) must
reserve the property for the benefit of the
relatives of the deceased descendant within
the third civil degree and who belong to the
line from which the said property came
(reservatorios).
___________
B. Requisites for Reserva Troncal
(Chua vs. CFI and Gonzales vs. CFI)
1. That the property was acquired by a
descendant (Prepositus) from an ascendant
or from a brother or sister (Source) by

gratuitous title,
2. That the Prepositus died without an issue,
3. That the property is inherited by another
ascendant (Reservista) by operation of law,
and
rd
4. That there are relatives within the 3 degree
(Reservatarios) belonging to the line from
which said property came.
___________
C. Reserva Minima v. Reserva Maxima
Situation
1. The
prepositus
acquired
property
gratuitously from an ascendant or a brother
or sister
2. In his will, he institutes as his heir his
ascendant (who is also a compulsory heir)
such that the ascendant receives half of the
estate by operation of law as legitime and
the other half by testamentary disposition
Problem
Will the property acquired gratuitiously by
the prepositus from the source be treated as
acquired by the ascendant-heir by operation
of law (legitime) and therefore reservable or
by testamentary disposition?
Two Views
1. Reserva Maxima: The entire property will be
considered acquired as legitime and
therefore wholly reservable
2. Reserva Minima: One half is reservable, the
other half is not subject to reserva troncal
(Tolentino, p. 284)
___________
D. Extinguishment
of
the
Reserva
(Tolentino, p. 300-305) (LDD-RRP)
1. Loss of the reservable property
2. Death of the reservista
3. Death of all the relatives within the third
degree belonging to the line from which the
property came
4. Renunciation by the reservatorios
5. Registration of the reservable property
under the Torrens system as free
6. Prescription, when the reservista holds the
property adversely against the reservatorios,
as free from reservation
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XV. Disinheritance
(Asked in 82, 84, 99, 00, and 08)
A.
1.
2.
3.
Definition of Disinheritance (Art. 915, CC)

It is the act by which the testator
For just cause
Deprives a compulsory heir of his right to the
legitime.
B. Requisites of a Valid Disinheritance

1. Heir disinherited must be designated by
name or in such a manner as to leave no
2.
3.
4.
5.
6.
7.
room for doubt as to who is intended to be

disinherited.
It must be for a cause designated by law.
It must be made in a valid will.
It must be made expressly, stating the cause
in the will itself.
The cause must be certain and true, and
must be proved by the interested heir if the
person should deny it.
It must be unconditional.
It must be total.
_________________________________________________________________________________
C. Summary of Causes of Disinheritance
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Grounds for Disinheritance

Guilty or Convicted of Attempt Against the Life of the Testator, Spouse,
Ascendant or Descendant
Accused Testator or Decedent of Crime Punishable by Imprisonment of
6 years or more, and Found Groundless or False
Causes testator or decedent to Make a Will or Change one by Fraud,
Violence, Intimidation, or Undue Influence
Unjustified Refusal to Support Testator
Convicted of Adultery or Concubinage with Spouse of Testator or
Decedent
Maltreatment of testator by Word and Deed
Leading a Dishonorable or Disgraceful Life
Conviction of Crime which carries the penalty of Civil Interdiction
Abandonment of Children or Inducing Children to Live Corrupt and
Immoral Life or Against Attempted Virtue
Loss of Parental Authority
Attempt by One Parent Against the Life of the Other UNLESS there is
Reconciliation Between Parents
Spouse Has Given Cause for Legal Separation
Failure to Report Violent Death of Decedent Within One Month UNLESS
Authorities Have Already Taken Action
Force, Violence, Intimidation, or Undue Influence to Prevent Another
from Making a Will or Revoking One Already Made or Who Supplants or
Alters the Latters Will
Falsifies or Forges Supposed Will of the Decedent
919
*
920
*
921
*
1032
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Art, 919, CC: Children and Descendants

Art. 920, CC: Parents and Ascendants
Art. 921, CC: Spouse
Art. 1032, CC: Unworthiness
D. Modes of Revocation
1. Reconciliation (Art 922, CC)
2. Subsequent institution of the disinherited
heir
3. Nullity of the will which contains the
disinheritance.
Note: The moment that testator uses one of the
acts of unworthiness as a cause for
disinheritance, he thereby submits it to the

rules
on
disinheritance.
Thus,
reconciliation renders the disinheritance
ineffective.
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XVI. Legacies and Devises

Legacy and Devise Distinguished
LEGACY
A gift of personal
property given in a will
It is bequeathed
DEVISE
A gift of real property
given in a will
It is devised
Persons Charged With the Duty to Give

Legacies and Devises in a Will
1. Compulsory heir, provided, their legitimes
are not impaired (Art. 925, CC)
2. Voluntary heir
3. Legatee or devisee can be charged with
the duty of giving a sub-legacy or subdevisee but only to the extent of the value of
the legacy or devise given him (Art. 925,
CC)
4. The estate represented by the executor
or administrator, if no one is charged with
this duty to pay or deliver the legacy or
devise in the will
a. If there is an administration proceeding,
it constitutes a charge upon the estate.
b. If there is no administration proceeding,
it is a charge upon the heirs.
Validity and Effect of Legacy or Devise

Legacy or devise of a thing belonging to
another (Art. 930, CC)
STATUS OF PROPERTY
GIVEN BY
LEGACY/DEVISE
Testator
erroneously
believed that the property
EFFECT ON
THE LEGACY/
DEVISE
Void
belonged to him
The
thing
bequeathed
afterwards becomes his by
whatever title
Effective
Legacy or devise of thing already belonging

to the legatee or devisee
STATUS OF
PROPERTY GIVEN
BY LEGACY/DEVISE
The
thing
already
belongs to the legatee
or devisee at the time
of the execution of the
will (Art. 932, CC)
The thing is subject to
an encumbrance or
interest of another
person (Art. 932, CC)
Legatee or devisee
subsequently alienates
the thing (Art. 933,CC)
After alienating the
thing, the legatee or
devisee subsequently
reacquires
it
gratuitously (Art. 933,
CC)
After alienating the
thing, the legatee or
devisee acquires it by
onerous title (Art. 933,
CC)
EFFECT ON THE
LEGACY/DEVISE
Ineffective
Valid only as to the

interest
or
encumbrance
Ineffective
Ineffective
Legatee or devisee
can
demand
reimbursement from
the heir or estate
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SUCCESSION
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Different Objects of Legacies and Devises (Art. 934-944,CC)

1. Legacy of a thing pledged or mortgaged to secure a debt (Art 934, CC)
2. Legacy of credit, or remission or release of a debt (Art 935 CC)
3. Legacy to the debtor of thing pledged by him (Art 936, CC)
4. Legacy or devise to a creditor if the testator orders the payment of a debt (Art 939, CC)
5. Alternative legacies and devises (Art 940, CC)
6. Legacy of generic personal property or indeterminate real property (Art 941, CC)
7. Legacy of education (Art 944, CC)
8. Legacy of support (Art 944, CC)
OBJECTS OF LEGACY OR
DEVISE
Thing pledged or mortgaged to
secure a debt
Credit or remission or release of a
debt
EFFECT
Thing pledged by debtor

To a creditor
Order of payment of a debt
Alternative legacies and devises
Legacy of generic personal property

or indeterminate real property
Legacy of education
Legacy of support
Estate is obliged to pay the debt

Other charges pass to the legatee or devisee
Effective only as regards the credit or debt existing at the
time of the testators death
Legacy lapses if the testator later brings action against the
debtor
If generic, comprises all credits/debts existing at time of
execution of will
Only the pledge is extinguished; the debt remains
Shall not be applied to his credit unless the testator so
declares
If testator does not really owe the debt, the disposition is
void
If the order is to pay more that the debt, the excess is not
due
This is without prejudice to the payment of natural
obligations
The choice is with the heir, or the executor or administrator
If the heir, legatee or devisee dies the right passes to their
heirs
Once made, the choice is irrevocable
Legacy is valid even if there are no things of the same kind
in the estate
Devise of indeterminate real property valid only if there are
immovable property of the same kind in the estate
The choice belongs to the heir, legatee or devisee or the
executor or administrator
Lasts until the legatee is of age or beyond the age of
majority in order that he may finish some professional,
vocational or general course provided he pursues his
course diligently
If testator did not fix the amount it is fixed in accordance
with the social standing and circumstances of the legatee
and the value of the estate
Lasts during lifetime of legatee
If the testator used to give the legatee a sum of money for
support, give the same amount unless it is markedly
disproportionate to the estate
If testator did not fix the amount it is fixed in accordance
with the social standing and circumstances of the legatee
and the value of the estate
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CIVIL LAW REVIEWER
Order of Payment In Case the Estate Is Not Sufficient to Cover All the Legacies and Devises
Application:
When the reduction is necessary to
preserve the legitime of compulsory
heirs from impairment whether there are
donations inter vivos or not; or
When, although, the legitime has been
preserved by the testator himself there are
donations inter vivos.
NOTE:
Art. 911, CC governs when there is a conflict
between compulsory heirs and the devisees
and legatees.
How Legacy or Devise Delivered (Art. 951,

CC)
1. The very thing bequeathed shall be
delivered and not its value
2. With all its accessions and accessories
3. In the condition in which it may be upon
the death of the testator
4. Legacies of money must be paid in cash
Ground for Revocation of Legacies and
Devises (Art. 957, CC) (TALO)
1. Testator Transforms the thing such that it
does not retain its original form or
denomination
2. Testator Alienates the thing by any title or
for any cause. Reacquisition of the thing by
the testator does not make the legacy or
devise valid, unless it is effected by right
of repurchase.
3. Thing is totally Lost during the lifetime or
after the death of the testator
4. Other causes: nullity of will, non-compliance
with suspensive condition, sale of the thing
to pay the debts of the deceased during the
settlement of his estate.
ART. 950
Order of Preference
(RPSESO)
Remuneratory legacy/devise
Preferential legacy/devise
Legacy for Support
Legacy for Education
Legacy/devise of Specific, determinate thing
which forms a part of the estate
All Others pro rata
Application:
When there are no compulsory heirs and the
entire estate is distributed by the testator as
legacies or devises; or
When there are compulsory heirs but their
legitime has already been provided for by the
testator and there are no donations inter
vivos.
NOTE:
Art. 950, CC governs when the question of
reduction is exclusively among legatees and
devisees themselves.
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SUCCESSION
ART. 911
Order of Preference
(LIPO)
Legitime of compulsory heirs
Donations Inter vivos
Preferential legacies or devises
All Other legacies or devises pro rata
Chapter III. INTESTATE SUCCESSION
Chapter III. Intestate Succession

I. Causes for Legal or Intestate Succession
II. The Intestate or Legal Heirs
III. Fundamental Underlying Principles in Legal
or Intestate Succession
IV. Relationship
V. The right of Representation
VII. Concurrence in Legal or Intestate Succession
VIII. Outline of Intestate Shares
IX. Order of Concurrence in the case of an
Adopted Child
The Civil Code does not state a definition of

legal or intestate succession. Art. 960 only
enumerates
the
instances
when
legal
succession takes place. This enumeration is not
exclusive, as there are other instances where
intestacy may occur, as listed below.
I.
Causes for
Succession
Legal
or
Intestate
1. If a person dies without a will (Art 960[1])

2. If a person dies with a void will (Art 960[1])
3. If a person dies with a will which has
subsequently lost its validity (Art 960[1])
4. When the will does not institute an heir (Art
960[2])
5. When the will does not dispose of all the
property belonging to the testator. Legal
succession shall take place only with
respect to the property which the testator
has not disposed (Art 960[2])
6. If the suspensive condition attached to the
institution of the heir does not happen or is
not fulfilled (Art 960[3])
7. If the heir dies before the testator (Art
960[3])
8. If the heir repudiates the inheritance, there
being no substitution, and no right of
accretion takes place (Art 960[3])
9. When the heir instituted is incapable of
succeeding, except in cases provided in
the Civil Code (Art 960[4])
10. Preterition Intestacy may be total or partial
depending on whether or not there are
legacies or devises (Balane, p.426)
11. Upon the expiration of a resolutory term
attached to the institution of heir (Balane,
p.426)
12. Upon fulfillment if a resolutory condition
attached to the institution of heir, rendering
the will ineffective (Balane, p.426)
Note: In all cases where there has been an

institution of heirs, follow the I.S.R.A.I order:
a. If the Institution fails, Substitution
occurs.
b. If there is no substitute, the right of
Representation applies in the direct
descending line to the legitime if the
vacancy is caused by predecease,
incapacity, or disinheritance.
c. The right of Accretion applies to the
free portion when the requisites in Art.
1016 are present.
d. If there is no substitute, and the right of
Representation or Accretion are not
proper,
the
rules
on
Intestate
succession shall apply.
II. The Intestate or Legal Heirs

1. Relatives
a. Legitimate ascendants
b. Illegitimate parents
c. Legitimate children
d. Illegitimate children
e. Surviving Spouse
f. Brothers, sisters, nephews and nieces
(BSNN)
g. Other collateral relatives
2. Surviving spouse
3. State (through escheat proceedings)
III. Fundamental Underlying Principles in

Legal or Intestate Succession
Rule of Preference between Lines
1. Those in the direct descending line shall
exclude those in the direct ascending and
collateral lines;
2. Those in the direct ascending line shall, in
turn, exclude those in the collateral line.
Rule of Proximity
The relative nearest in degree excludes the
farther one. (Art. 962, par.1 CC), saving the right
of representation when it properly takes place.
Rule of Equal Division
1. The relatives who are in the same degree
shall inherit in equal shares. (Arts. 962
par.2, 987 and 1006, CC)
2. Exceptions: (Balane pp.427-428)
a. the rule of preference of lines
b. the distinction between legitimate and
illegitimate filiation (the ratio under
present law is 2:1) (Art 983, in relation to
Article 895 as amended by Article 176
FC)
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SUCCESSION
CIVIL LAW REVIEWER
c.
the rule of division by line in the

ascending line Article 987 par.2)
d. the distinction between full-blood and
half-blood relationship among brothers
and sisters, as well as nephews and
nieces. (Art 1006 and 1008)
e. representation
Rule of Barrier between the legitimate family
and the illegitimate family (the iron-curtain
rule)
The illegitimate family cannot inherit by intestate
succession from the legitimate family and viceversa. (Art. 992, CC)
Rule of Double Share for full blood
collaterals
When full and half-blood brothers or sisters,
nephews or nieces, survive, the full blood shall
take a portion in the inheritance double that of
the half-blood. (Arts. 895 and 983, CC)
Note:
1. If one of the legitimate ascendants,
illegitimate parents, legitimate children or
illegitimate children survives, the brother,
sisters, nephews, and nieces (BSNN) are
excluded
2. If one of the legitimate ascendants,
illegitimate parents, legitimate children,
illegitimate children or surviving spouse
survives, the other collateral relatives and
the state are excluded.
3. If any of the heirs concur in legitimes, then
they also concur in intestacy.
V. The Right of Representation (Art. 970,

CC)
(Asked in 77, 82, 85, 88, 92, 97, and 07)
Number
of
generations
determines
proximity. (Art 963)
Each generation forms a degree. (Art 963)
A series of degrees forms a line. (Art 964
par.1)
A line may either be direct or collateral. (Art
964 par.1)
A direct line is that constituted by the series
of degrees among ascendants and
descendants (ascending and descending).
(Art 964 par.2)
A collateral line is that constituted by the
series of degrees among persons who are
not ascendants or descendants, but who
come from a common ancestor. (Art 964
par.3)
Full blood same father and mother. (Art
967 par.1)
Half-blood only one of either parent is the
same. (Art 967 par.2)
It is a right created by fiction of law;

By virtue of which the representative is
raised to the place and degree of the person
represented;
And acquires the rights which the latter
would have if he were living or if he would
have inherited.
Important Concepts
Representation is only allowed with respect
to inheritance conferred by law (i.e., as to
legitimes and intestate shares [ Art 923,
CC]),
in
cases
of
incapacity,
disinheritance, and predecease of an
heir.
There is no representation in voluntary

succession (by will). (Art 856, CC)
There is also no representation in

repudiation. Note, however that a
renouncer can represent, but cannot be
represented.
Representation takes place ad infinitum in

the direct descending line but never in the
direct ascending line. ( Art 972, CC)
In the collateral line, representation takes

place only in favor of the children of the
brothers or sisters (i.e., nephews and
nieces) whether of the full or half-blood (Art.
972, CC) and only if they concur with at
least one uncle or aunt. In this case, they
share in the inheritance per stirpes. If the
children survive alone, they inherit in their
own right and share in equal proportions or
per capita. (Art. 975)
Inheritance per stirpes

representative/s shall not
what the person they
inherit, if he were living
(Art.975, CC)
IV. Relationship (Arts. 963-969, CC)
In adoption, the legal filiation is personal and

exists only between the adopter and the
adopted. The adopted is deemed a
legitimate child of the adopter, but still
remains as an intestate heir of his natural
parents and other blood relatives. (Art. 189,
FC)
means that the

inherit more than
represent would
or could inherit.
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CIVIL LAW REVIEWER
The representative is called to the

succession by the law and not by the person
represented. The representative does not
succeed the person represented but the one
whom the person represented would have
succeeded. (Art. 971, CC)
General Rule
Grandchildren
inherit
from
grandparents
by
right
representation, if proper.
the
of
Exception
Whenever all the children repudiate,
the grandchildren inherit in their own
right because representation is not
proper. (Art 969, CC)
Right of representation in the collateral line

is only possible in INTESTATE succession.
It cannot take place in testamentary
succession.
In determining whether or not representation

is proper, apply the DOUBLE HEIRSHIP
TEST (Art. 973, CC): the representative
must be a legal heir of both the person he is

representing and the decedent.
Thus, illegitimate children can represent

illegitimate children parents in inheritance
from illegitimate grandparents. (*Rationale:
Iron-curtain rule under Art. 992, CC)
On the other hand, a legitimate child may

represent either a legitimate or illegitimate
parent in the inheritance of either a
legitimate or illegitimate grandparents. (Arts.
902, 989,990)
Representation in Adoption (Asked in 94,

04, and 07)
If the adopting parent should die before
the adopted child, the later cannot
represent the former in the inheritance
of the parents or ascendants of the
adopter. The adopted child is not related
to the deceased in that case, because
filiation created by fiction of law is
exclusively between the adopter and the
adopted. (TOLENTINO pp. 448-449)

(Asked in 77, 78, 97, 98, 99, 00, 06, and 08)
Decedent is a Legitimate Child
1
2
3
4
5
6
7
Decedent is an Illegitimate Child
Decedent is an Adopted Child
LC and
Legitimate descendants
LP and
Legitimate ascendants
ILC and
Illegitimate descendants
LC and
ILC and
Illegitimate descendants
ILP
LC and
ILC and Illegitimate descendants
SS
Legitimate siblings,
Nephews,
Nieces
Legitimate collateral relatives within
th
the 5 degree
State
SS
Illegitimate siblings,
Nephews,
Nieces
State
LP or ILP and
Legitimate ascendants,
Adoptive parents
SS
Siblings,
Nephews,
Nieces
State
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VII. Concurrence in Legal or Intestate Succession
ILC
and Descendants
LP and
Legitimate ascendants
ILP
SS
Siblings,
Nephews
Nieces
th
Other collaterals within 5
degree
State
VIII.
Excludes
Ascendants,
Collaterals and
State
ILP,
Collaterals and
State
Collaterals and
State
Collaterals and
State
Collaterals other than
siblings, nephews and nieces
Excluded By
No one
Concurs With
SS and
ILC
No one
SS
LC and
LP
ILC and
SS
SS
All other collaterals and

State
LC, ILC, LP, ILP
LC, ILC, LP, ILP

Siblings
Nephews
Nieces
SS
Collateral more remote in

degree and
State
No one
LC, ILC, LP, ILP and

SS
Collaterals in the same

degree
Everyone
No one
Outline of Intestate Shares
(Asked in 76, 79, 92, 03, 04, 06, and 08)

1. Legitimate children only
a. Divide entire estate equally among all
legitimate children (Art. 979, CC)
b. Legitimate children include an adopted
child.
2. Legitimate children and Illegitimate
children
Divide entire estate such that each
illegitimate child gets of what a legitimate
child gets (Art. 983, CC and Art. 176, FC)
3. Legitimate children and surviving spouse
a. Divide entire estate equally between the
legitimate children and the surviving
spouse, the latter deemed as one child.
The same rule holds where there is only
one child.
b. Children as used in Art. 996 is
interpreted to include a situation where
there is only one child.
4. Legitimate children. Surviving spouse,
and Illegitimate children
Divide the entire estate such that the
surviving spouse is deemed one legitimate
child and each illegitimate child getting of
what the legitimate child gets (Art. 996, CC
and Art. 176, FC)
LC
LC and ILC
No one
5. Legitimate parents only

Divide the entire estate equally. (Art. 985,
CC)
6. Legitimate ascendants only (excluding
parents)
Divide the entire estate equally but with the
observance of the rule of division by line
(Art. 987, CC)
7. Legitimate parents and illegitimate
children
Legitimate parents get of the estate,
illegitimate children get the other (Art.
991,CC)
8. Legitimate parents and surviving spouse
Legitimate parents get of the estate; The
surviving spouse gets the other (Art.
997,CC)
9. Legitimate parents, surviving spouse and
illegitimate children
Legitimate parents get of the estate;
surviving spouse and the illegitimate child
each get each, the latter to share among
themselves if more than one. (Art. 1000,
CC)
10. Illegitimate children only
Divide the entire estate equally. (Art. 988,
CC)
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INTESTATE HEIRS
LC and
11. Illegitimate
children
and
surviving
spouse
Illegitimate children get of the estate; the
surviving spouse gets the other . (Art. 998,
CC)
Divide the entire estate per capita, observing

the 2 is to 1 ratio. (Arts. 975 and 1008, CC)
12. Surviving spouse only

Entire estate goes to the surviving spouse.
(Art. 994/995, CC)
21. Other collaterals (Arts. 1009 and 1010)

a. Divide entire estate per capita.
th
b. Collateral relatives must be with the 5
degree of consanguinity.
c. Note: the nearer relative excludes the
more remote relatives.
13. Surviving spouse and illegitimate parents

Illegitimate parents get and the spouse
gets the other (by analogy with Art. 997,
CC)
22. State
If there are no other intestate heirs, the
State inherits the entire estate through
escheat proceedings. (Art. 1011, CC)
14. Surviving spouse and legitimate brothers

and sisters, nephews and nieces
Surviving spouse gets of the estate, while
the rest gets the other with the nephews
and nieces inheriting by representation if
proper. (Art. 1001, CC)
15. Surviving
spouse
and
illegitimate
brothers and sisters, nephews and
nieces
Surviving spouse gets of the estate while
the rest gets the other with the nephews
and nieces inheriting by representation, if
proper; Note that all the other relatives
should be illegitimate because of the ironcurtain rule. (Art. 994,CC)
16. Illegitimate parents only
Entire estate goes to the illegitimate parents.
(Art 993, CC)
17. Illegitimate parents and children of any
kind (whether legitimate or illegitimate
child)
Illegitimate parents are excluded and do not
inherit; For the rule on the respective shares
of the children, see numbers 1, 2 or 10,
whichever is applicable.
18. Legitimate brothers and sisters only
Divide the entire estate such that full-blood
brothers/sisters gets a share double the
amount of a half-blood brother or sister. (Art.
1004 and 1006, CC)
19. Legitimate brothers and sisters, nephews
and nieces
Divide the entire estate observing the 2 is to
1 ratio for full and half blood relationships
with respect to the brothers and sisters, with
the nephews and nieces inheriting by
representation, if proper. (Art. 1005 & 1008,
CC)
20. Nephews and nieces only
IX. Order of Concurrence in the Case of

an Adopted Child (Art, 190, FC)
(Asked in 79, 86, 04 and 07)
SURVIVORS
LC, ILC, SS
LP or ascendants or ILP
Adopter
LP or ascendants or ILP
or Adopter
SS
LP or ascendants
Adopter
ILC or descendants
LP or ascendants
Adopter
SS
ILC or descendants
Adopter alone
Collateral blood relatives
SHARE
As in the case of ordinary
intestate succession
1/3
1/3
1/3
Entire estate
As in the case of ordinary
intestate succession
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Chapter IV. PROVISIONS common to TESTAMENTARY and INTESTATE SUCCESSION
Chapter IV. Provisions Common to

Testamentary and Intestate Succession
I. Accretion
II. Capacity to Succeed
III. Acceptance or Repudiation of Inheritance
IV. Collation
I.
There can only be accretion if there is an

institution of heirs with respect to specific
properties. (Art 1016, CC)
Among compulsory heirs, there can only be

accretion with respect to the free portion.
There can be no accretion with respect to
the legitimes. (Arts. 1021 and 1018, CC)
The heirs to whom the portion goes by the

right of accretion take it in the same
proportion that they inherit. (Art. 1019, CC)
The heirs to whom the inheritance accrues

shall succeed to all the rights and
obligations which the heir who renounced or
could not receive it would have had. (Art.
1020, CC)
In testamentary succession, when the right

of accretion does not take place, the vacant
portion of the instituted heirs, if no substitute
has been designated, shall pass to the legal
heirs of the testator, who shall receive it with
the same charges and obligations. (Art
1022, CC)
Accretion shall also take place among

devisees, legatees and usufructuaries under
the same conditions established for heirs.
(Art 1023, CC)
Accretion
A. Definition of Accretion (Art. 1015, CC)

It is a right by virtue of which, when two or more
persons are called to the same inheritance,
devise or legacy, the part assigned to one who
renounces or cannot receive his share or who
died before the testator is added or incorporated
to that of his co-heirs, co-devisees, or colegatees.
Accretion
happens
when
there
is
repudiation, incapacity, or predecease of
an heir.
It is the mechanism where the share of an

heir is increased by vacant shares vacated
by heirs who cannot inherit for various
reasons. (RATIONALE: the decedent
intended to give the property to nobody but
the co-heirs.)
____________________________________________________________________________________
Effect of Predecease, Incapacity, Disinheritance or Repudiation in Testamentary and Intestate
Succession
CAUSE OF VACANCY
Incapacity
Representa-tion
Intestate Succession
Accretion
Disinheritance
Representa-tion
INTESTATE
SUCCESSION
Representation
Intestate
Succession
Representation
Intestate
Succession
-
Accretion
Accretion
Predecease
Repudiation
TESTAMENTARY SUCCESSION
LEGITIME
FREE PORTION
Representa-tion
Accretion
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II. Capacity to Succeed

A. Requisites for Capacity to Succeed by
Will or by Intestacy (Art. 1024 1025,
CC)
The heir, legatee or devisee must be living
or in existence at the moment the
succession opens; (Art 1025) and
He must not be incapacitated or disqualified
by law to succeed. (Art 1024, par.1)
B. Who Are Incapable of Succeeding
BASED ON UNDUE INFLUENCE OR

INTEREST (Art. 1027, CC) PIGRAP
Priest who heard the last confession of
the testator during his last illness, or the
minister of the gospel who extended
spiritual aid to him during the same
period;
Individuals,
associations
and
corporations not permitted by law to
inherit;
Guardian with respect to testamentary
dispositions given by a ward in his favor
before the final accounts of the
guardianship have been approved, even
if the testator should die after the
approval thereof; except if the guardian
is his ascendant, descendant, brother,
sister, or spouse;
Relatives of the priest or minister of the
gospel within the fourth degree, the
church, order, chapter, community,
organization, or institution to which such
priest or minister may belong;
Attesting witness to the execution of a
will, the spouse, parents, or children, or
any one claiming under such witness,
spouse, parents, or children;
Physician, surgeon, nurse, health officer
or druggist who took care of the testator
during his last illness.
BASED ON MORALITY OR PUBLIC
POLICY (Arts. 739 and 1028, CC)
Those made in favor of a person with
whom the testator was guilty of adultery
or concubinage at the time of the
making of the will.
Those made in consideration of a crime
of which both the testator and the
beneficiary have been found guilty.
Those made in favor of a public officer
or his spouse, descendants and
ascendants, by reason of his public
office.
BASED ON ACTS OF UNWORTHINESS

(Art. 1032, CC)
The following are incapable of succeeding
by reason of unworthiness:
a. Parents who have abandoned their
children or induced their daughters to
lead a corrupt or immoral life, or
attempted against their virtue;
b. Any person who has been convicted of
an attempt against the life of the
testator,
his
or
her
spouse,
descendants, or ascendants;
c. Any person who has accused the
testator of a crime for which the law
prescribes imprisonment for six years or
more, if the accusation has been found
groundless;
d. Any heir of full age who, having
knowledge of the violent death of the
testator, should fail to report it to an
officer of the law within a month, unless
the authorities have already taken
action; this prohibition shall not apply to
cases wherein, according to law, there is
no obligation to make an accusation;
e. Any person convicted of adultery or
concubinage with the spouse of the
testator;
f. Any person who by fraud, violence,
intimidation, or undue influence should
cause the testator to make a will or to
change one already made;
g. Any person who by the same means
prevents another from making a will, or
from revoking one already made, or who
supplants, conceals, or alters the latter's
will;
h. Any person who falsifies or forges a
supposed will of the decedent.
C. Pardon of Acts of Unworthiness

EXPRESS
Made by the execution of
a document or any
writing in which the
decedent condones the
cause of incapacity
Cannot be revoked
IMPLIED
Effected
when
the
testator makes a will
instituting the unworthy
heir with knowledge of
the cause of incapacity
Revoked
when
the
testator revokes the will
or the institution
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III. Acceptance
Inheritance
and
Repudiation
of
Characteristics (VIR) (Arts. 1041 1042, 1056,

CC)
1. Voluntary and free (Art 1041, CC)
2. Irrevocable except if there is vitiation of
consent or an unknown will appears (Art
1056, CC)
3. Retroactive (Art 1042, CC)
Requisites (Art. 1043, CC)
1. Certainty of death of the decedent
2. Certainty of the right to the inheritance
Acceptance vs. Repudiation
1. Acceptance involves the confirmation of
transmission of successional rights, while
repudiation renders such transmission
ineffective.
2. Repudiation is equivalent to an act of
disposition and alienation.
3. The publicity required for repudiation is
necessary for the protection of other heirs
and also of creditors.
Forms of Acceptance (Arts. 1049 1050,
CC)
1. Express Acceptance one made in a
public or private document. (Art. 1049 par.
1)
2. Tacit Acceptance one resulting from acts
by which the intention to accept is
necessarily implied or from acts which one
would have no right to do except in the
capacity of an heir.
Examples: (Art. 1050, CC)
a. when the heir sells, donates or assigns
his right
b. when the heir demands partition of the
inheritance
c. when the heir alienates some objects of
the inheritance, etc.
3. Implied acceptance - Within thirty days
after the court has issued an order for the
distribution of the estate in accordance with
the Rules of Court, the heirs, devisees and
legatees shall signify to the court having
jurisdiction whether they accept or repudiate
the inheritance; if they do not do so within
that time, they are deemed to have accepted
the inheritance. (Art 1057, CC)
Forms of Repudiation (Art. 1051, CC)
1. in a public instrument acknowledged before
a notary public; or
2. in an authentic document equivalent of an

indubitable writing or a writing whose
authenticity is admitted or proved; or
3. by petition presented to the court having
jurisdiction over the testamentary or
intestate proceeding
Heirs in Two Capacities (Art. 1055, CC)
1. If a person is called to the same inheritance
as an heir by will and by law and he
repudiates the inheritance in his capacity as
a testamentary heir, he will be considered to
have also repudiated the inheritance as a
legal heir.
2. If he repudiates it as a legal heir, without his
being a testamentary heir, he may still
accept it in the latter capacity.
IV. Collation (Arts. 1061-1077, CC)

(Asked in 77, 78, 79, and 93)
A. Concept of Collation
To collate is to bring back or to return to the
hereditary mass in fact or by fiction property
which came from the estate of the decedent,
during his lifetime by donation or other
gratuitous title but which the law considers
as an advance from the inheritance. (Art
1061, CC)
It is the act by virtue of which, the
compulsory heir who concurs with other
compulsory heirs in the inheritance bring
back to the common hereditary mass the
property which they may have received from
the testator so that a division may be
effected according to law and the will of the
testator.
In reducing inofficious donations, the last to
be donated should be the first to be
reduced.
RATIONALE
FOR
COLLATION:
If
donations inter vivos will not be collated,
then the rule on legitimes shall be
circumvented or disregarded.
B. Operations Related to Collation
Collation adding to the mass of the
hereditary estate the value of the donation
or gratuitous disposition.
Imputing or Charging crediting the
donation as an advance on the legitime (if
the donee is a compulsory heir) or on the
free portion (if the donee is a stranger).
(BALANE p 522)
Reduction determining to what extent the
donation will remain and to what extent it is
excessive or inofficious.
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Restitution returning or the act of

payment of the excess to the mass of
hereditary estate.
C. Persons Obliged to Collate

GENERAL RULE: Compulsory heirs
EXCEPTIONS:
when the testator should have so
expressly provided (Art. 1062, CC)
when the compulsory heir should have
repudiated his inheritance (Art 1062,
CC)
Grandchildren who survive with their uncles,
aunts, or first cousins and inherit by right of
representation (Art 1064, CC)
*Note: Grandchildren may inherit from their
grandparent in their own right, i.e., as heirs
next in degree, and not by right of
representation if their parent repudiates the
inheritance of the grandparent, as no living
person can be represented except in cases
of disinheritance and incapacity. In this
case, the grandchildren are not obliged to
bring to collation what their parent has
received gratuitously from their grandparent.
D. What to Collate
Any property or right received by gratuitous
title during the testators lifetime (Art 1061,
CC)
All that they may have received from the
decedent during his lifetime. (Art 1061, CC)
Expenses incurred by the parents in giving
their children a professional, vocational or
other career shall not be brought to collation
unless the parents so provide, or unless
they impair the legitime; but when their
collation is required, the sum which the child
would have spent if he had lived in the
house and company of his parents shall be
deducted therefrom. (Art 1068, CC)
Any sums paid by a parent in satisfaction of
the debts of his children, election expenses,
fines, and similar expenses shall be brought
to collation. (Art 1069, CC)
E. Properties Not Subject to Collation
Absolutely no collation
Expenses for support, education (only
elementary
and
secondary),
medical
attendance, even in extraordinary illness,
apprenticeship, ordinary equipment, or
customary gifts. (Art. 1067, CC)
Generally not imputable to legitime/

cannot
be
collected,
subject
to
exceptions
Expenses incurred by parents in giving

their children professional, vocational or
other career unless the parents so
provide, or unless they impair the
legitime. (Art. 1067, CC)
Wedding
gifts
by
parents
and
ascendants, consisting jewelry, clothing
and outfit, except when they exceed
1/10 of the sum disposable by will. (Art.
1070, CC)
Neither shall donations to the spouse of
the child be brought to collation; but if
they have been given by the parent to
the spouses jointly, the child shall be
obliged to bring to collation one-half of
the thing donated. (Art. 1066, CC)
Note: Parents are not obliged to bring to

collation in the inheritance of their
ascendants any property which may have
been donated by the latter to their children.
(Art 1065, CC)
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Chapter V. Partition and Distribution of

Estate
I.
II.
III.
IV.
The Concept of Partition

The Effect of Partition
Nullification of Partition
Important Periods in Partition
I.
Concept of Partition
Separate, Divide, Assign. Partition is the

separation, division and assignment of a
thing held in common among those to whom
it may belong. The thing itself or its value
may be divided. (Art. 1079, CC)
Owned in common. Before partition, the
whole estate of the decedent is owned in
common by the heirs. (Art 1078, CC)
Thing or value may be divided. (Art 1079)
Acts deemed partition. Every act which is
intended to put an end to indivision among
heirs and legatees or devisees is deemed a
parition, although it should purport to be a
sale, an exchange, a compromise, or any
other transaction. (Art 1082, CC)
A void partition may be valid if

1. the will was in fact a partition
2. the beneficiaries of the void will were legal
heirs
The titles of acquisition or ownership of each

property shall be delivered to the co-heir to
whom said property has been adjudicated.
(Art. 1089 CC)
Kinds of Partition
1. Judicial v. Extrajudicial Partition
a. Judicial Partition done by Court
pursuant to an Order of Distribution
which may or may not be based on a
project of partition.
b. Extra-judicial partition made by the
decedent himself by an act inter vivos or
by will or by a third person entrusted by
the decedent or by the heirs themselves.
(PARAS)
2. Partition Inter Vivos (Asked in 85)
It is one that merely allocates specific
items or pieces of property on the basis
of the pro-indiviso shares fixed by law or
given under the will to heirs or
successors. (Art. 1080, cc)
Who May Effect Partition
1. The Decedent, during his lifetime by an act
inter vivos or by will (Art.1080, CC)
Chapter V. PARTITION and DISTRIBUTION of ESTATE
2. The decedents heirs (Art.1083, CC)

3. A competent court (Art. 1083,CC)
4. A third person not an heir designated by the
decedent (Art.1081, CC)
Who Can Demand Partition
1. Compulsory heir
2. Voluntary heir upon fulfillment of condition if
any (Art 1084, CC)
3. Legatee or devisee
4. Any person who has acquired interest in the
estate
When Partition Cannot Be Demanded
1. When expressly Prohibited by the testator
for a period not exceeding 20 years (Art
1083, CC)
2. When the co-heirs Agreed that the estate
shall not be divided for a period not
exceeding 10 years, renewable for another
10 years
3. When Prohibited by law
4. When to partition the estate would render it
unserviceable for the use for which it is
intended
Prohibition to Partition
1. The prohibition to partition for a period not
exceeding 20 years can be imposed on the
legitime.
2. If the prohibition to the partition is for more
than 20 years, the excess is void.
3. Even if a prohibition is imposed, the heirs by
mutual agreement can still make the
partition.
Effects of Inclusion of Intruder in Partition
(Art 1108, CC)
1. Between a true heir and several mistaken
heirs partition is void.
2. Between several true heirs and a mistaken
heir transmission to mistaken heir is void
3. Through error or mistake, share of true
heir is allotted to mistaken heir partition
shall not be rescinded unless there is bad
faith or fraud on the part of the other
persons interested, but the latter shall be
proportionately obliged to pay the true heir
of his share. The partition with respect to the
mistaken heir is void. (Sempio-Dy)
Right of Redemption in Partition
Should any of the heirs sell his hereditary
rights to a stranger before the partition, any
or all of the co-heirs may be subrogated to
the rights of the purchaser by reimbursing
him for the price of the sale, provided they
do so within the period of one month from
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the time they were notified in writing of the

sale by the vendor (Art. 1088, CC)
Strangers those who are not heirs on the
succession.
II. Effects of Partition

Effect
A partition legally made confers upon each heir
the exclusive ownership of the property
adjudicated to him (Art 1091, CC)
Warranty
After the partition has been made, the coheirs shall be reciprocally bound to warrant
the title to, and the quality of, each property
adjudicated (Art. 1092 CC)
The reciprocal obligation of warranty
referred to in the preceding article shall be
proportionate
to
the
respective
hereditary shares of the co-heirs;
But if any one of them should be
insolvent, the other co-heirs shall be
liable for his part in the same proportion,
deducting the part corresponding to the
one who should be indemnified.
Those who pay for the insolvent heir
shall have a right of action against him
for reimbursement, should his financial
condition improve (Art. 1093 CC)
An action to enforce the warranty among the
co-heirs must be brought within ten years
from the date the right of action accrues.
(Art. 1094 CC)
If a credit should be assigned as collectible,
the co-heirs shall not be liable for the
subsequent insolvency of the debtor of the
estate, but only for his insolvency at the
time the partition is made. (Art 1095, CC)
The warranty of the solvency of the debtor
can only be enforced during the five years
following the partition.
Co-heirs do not warrant bad debts, if so
known to, and accepted by the distributee.
But if such debts are not assigned to a
co-heir, and should be collected, in
whole or in part, the amount collected
shall be distributed proportionately
among the heirs. (Art. 1095 CC)
End of Warranty
The obligation of warranty among co-heirs shall
cease in the ff cases:
The testator himself has made the partition
Unless it appears, or it may be
reasonably presumed, that his intention
was otherwise, but the legitime shall
always remain unimpaired.
When its has been so expressly stipulated in

the agreement of partition
Unless there has been bad faith
When the eviction is due to a cause
subsequent to the partition, or has been
caused by the fault of the distributee of the
property. (Art. 1096, CC)
III. Nullification of Partition

(Asked in 90)
Causes for Rescission or Annulment
1. A partition may be rescinded or annulled for
the same causes as contracts. (Art 1097,
CC)
2. A partition, judicial or extra-judicial, may also
be rescinded on account of lesion, when any
one of the co-heirs received things whose
value is less by at least one-fourth, than the
share to which he is entitled, considering the
value of the things at the time they were
adjudicated (Art. 1098, CC)
This article applies only to cases of
partition among-coheirs
Lesion is the injury suffered in
consequence of inequality of situation by
one party who does not receive the full
equivalent for what she gives in a sale
or any commutative contract
3. The partition made by the testator cannot be
impugned on the ground of lesion, except
when the legitime of the compulsory heirs is
thereby prejudiced, or when it appears or
may be reasonably be presumed, that the
intention of the testator was otherwise. (Art.
1099, CC)
4. Preterition of a compulsory heir in the
partition (Art 1104, CC):
Partition shall not be rescinded unless
bad faith or fraud on the part of other
heirs is proved.
The culpable heirs shall share in the
damages of the prejudiced compulsory
heir proportionately.
5. A partition which includes a person believed
to be an heir, but who is not, shall be void
only with respect to such person. (Art.
1105 CC
___________
The action for rescission on account of

lesion shall prescribe after four years from
the time the partition was made. (Art. 1100,
CC)
The heir who is sued shall have the option of

indemnifying the plaintiff for the loss, or
consenting to a new partition
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Indemnity may be made:

By payment in cash or
By the delivery of a thing of the same
kind and quality as that awarded to the
plaintiff.
If a new partition is made, it shall affect
neither those who have not been prejudiced
nor those who have not received more than
their just share (Art. 1101, CC)
An heir who has alienated the whole or a
considerable part of the real property
adjudicated to him cannot maintain an action
for rescission on the ground of lesion, but he
shall have a right to be indemnified in cash
(Art. 1102, CC)
The omission of one or more objects or
securities of the inheritance shall not cause
the rescission of the partition on the ground
of lesion, but the partition shall be completed
by the distribution of the objects or securities
which have been omitted. (Art. 1103, CC)
Difference of Nullity from Rescission

Nullity is not the same as Rescission:
1. Nullity - the act is supposed to never have
existed
2. Rescission - the act is valid at the origin
though it afterwards became ineffective
IV. Important Periods in Partition

1 month or less
before making a
will
20 years
5 years from
delivery to the
State
1 month
5 years from the

time disqualified
person
took
possession
30 days from
issuance of order
of distribution
1 month form
written notice of
sale
10 years
5 years
partition
from
4 years
partition
form
Testator, if publicly known to be

insane, burden of proof is on the
one claiming validity of the will
Maximum period testator can
prohibit alienation of dispositions
To claim property escheated to
the State
To report knowledge of violent
death of decedent lest he be
considered unworthy
Action
for
declaration
of
incapacity & for recovery of the
inheritance, devise or legacy
Must
signify
acceptance/repudiation
otherwise, deemed accepted
Right to repurchase hereditary
rights sold to a stranger by a coheir
To
enforce
warranty
of
title/quality
of
property
adjudicated to co-heir from the
time right of action accrues
To enforce warranty of solvency
of debtor of the estate at the time
partition is made
Action for rescission of partition
on account of lesion
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Chapter VI. APPLICATION
Chapter VI. Application of the Important

Concepts
through
Sample
Computational Problems
property. How will you compute the proportional

increase in each heirs shares in order not to
exceed the total estate of Mickey (assuming no
legitimes were impaired)?
I.
II.
III.
IV.
II.
III.
IV.
Goofys
original share:
Donalds
original share:
Minnies
original share:
Legitimes
The Effect of Partition
Nullification of Partition
Important Periods in Partition
1/4 of 12,000
3,000
1/4 of 12,000
3,000
Goofys increase = 4,000/10,000 x 2,000 = 800

Donalds increase = 3,000/10,000 x 2,000 = 600
Minnies increase = 3,000/10,000 x 2,000 = 600
Total Deficiency = P2000

P10,000 + P2,000 = P12,000 (the total estate)
A. Excess Institution
Mickey died testate, leaving a total estate of
P12,000. According to his Will, Goofy gets ,
Donald gets 1/3 and Minnie gets of the
property. How will you compute the proportional
reduction from each heirs shares in order not to
exceed the total estate of Mickey (assuming no
legitime is impaired)?
Goofys original
share:
Donalds
original share:
Minnies original
share:
4,000
TOTAL: 10,000
DEFICIENCY
: 2,000
(Based on the lectures of Prof. Danilo L.

Concepcion)
I.
1/3 of 12,000
of 12,000
6,000
1/3 of 12,000
4,000
of 12,000
3,000
TOTAL:
13,000
EXCESS:
1,000
Goofys reduction = 6,000/13,000 x 1,000 =

461.53846
Donalds reduction = 4,000/13,000 x 1,000 =
307.69231
Minnies reduction = 3,000/13,000 x 1,000 =
230.76923
Total Deduction = P1000
P13,000 P1,000 = P12,000 (the total estate)
Goofy gets P6000 P461.53846
Donald gets P4,000 P307.69231
Minnie gets P3,000 P230.76923
___________
B. Deficiency in Institution
Mickey died testate, leaving a total estate of
P12,000. According to his Will, Goofy gets 1/3,
Donald gets and Minnie gets of the
Goofy gets P4000 + 800 = P 4,800

Donald gets P3,000 + 600 = P3, 600
Minnie gets P3,000 + 600 = P 3, 600
II. Legitimes
A. Legitimes: Concurrence of Legitimate
and Illegitimate Children
Homer died of heart attack. His wife, Marge,
predeceased him. He had only 1 legitimate child,
Bart, and 4 illegitimate children, Lisa, Maggie,
Wolverine and Cyclops. Homer has a total
estate of P120,000. How much is the legitime of
each heir?
The legitimate child should get of the estate
while the illegitimate children get of what the
legitimate child gets.
Bart - P60,000
Lisa - P30,000
Maggie - P30,000
Wolverine - P30,000
Cyclops - P30,000
But this would amount to a total of P180,000.
Thus, there must be a reduction of the shares of
the illegitimate children.
Reduction = excess / number of illegitimate
children
Reduction = (180,000 120,000) / 4 = 15,000
P30,000 (share) 15,000 (reduction) =
P15,000
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Reduction = (150,000 - 120,000)/2 =15,000

P30,000 (share) 15,000 (reduction)
=P15,000
Final Answer:
Mushroom = P60,000
Kupa = P30,000
Mario = P15,000
Luigi = P15,000
B. Legitimes: Concurrence of Spouse and

Legitimate Children
III. Intestate Succession

Anderson Silva died, leaving a total estate of
P120,000. He was survived by his wife,
Machida, and his three children: Chuck, Quinton,
and George. How much legitime is allotted by
law to each heir?
Legitimate Children get
The is divided into as many legitimate
children.
Wife gets an amount equal to the share of a
legitimate child.
Final Answer:
Chuck = P20,000
Quinton = P20,000
George = P20,000
Machida = P20,000
Free Portion = P40,000
___________
C. Legitimes: Concurrence of Spouse,

Legitimate and Illegitimate Children
Princess toadstool died, survived by her
husband, kupa, her legitimate child, mushroom,
and by her two illegitimate children, mario and
luigi. She has a total estate of p120,000. How
much legitime is allotted by law to each heir?
The legitimate child gets .
The wife gets of the share of the legitimate
child (because there is only one legitimate child)
The illegitimate children will each get of the
share of the legitimate child.
Mushroom P60,000
Kupa P30,000
Mario P30,000
Luigi P30,000
Applying the law in intestate succession, each

heirs will receive the ff:
Ultimate Warrior P35,000
Stone Cold P17,500
Undertaker P17,500
Sable P35,000
Since the total shares will exceed P70,000,
reduction is in order. The share of those who will
receive more than their legitimes must be
reduced. The spouses share should be reduced
first to the amount of her legitime (P17,500)
(note: the share of the others are equal to their
legitimes)
Further reductions shall be made since the
amount will still exceed the net estate. Following
the law of legitimes, namely that the legitime of
the legitimate child and the surviving spouse
shall be preferred over the illegitimate childrens
shares, the reduction will be suffered by the
illegitimate children.
Final Answer:
Ultimate Warrior P35,000
Stone Cold P8750
Undertaker P8750
Sable P17,500
IV. Accretion
But this will yield a total of p150,000. Thus the

shares of the illegitimate children must be
reduced.
Reduction = excess / number of
children
Hulk Hogan died intestate, with a total estate of

P70,000. His wife, Sable, his legitimate son,
Ultimate Warrior, and his two illegitimate
children, Stone Cold and Undertaker, survived
him. How will his estate be divided among these
heirs?
illegitimate
Goku died testate, leaving an estate of P720. In

his will, he instituted his sons to his entire estate.
His sons are Vegeta, Napa, Raditz and Freeza.
Vegeta, who had two children (Trunks and
Bulma), predeceased Goku. Napa, who hated
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SUCCESSION
Final Answer:
Bart = P60,000
Lisa = P15,000
Maggie = P15,000
Wolverine = P15,000
Cyclops = P15,000
TOTAL = P120,000
___________
his fathers guts, repudiated his share in the

will.
Raditz, who likewise has two children
(Tenshenhan and Chowzu), was found to be
incapacitated to inherit from his father.
Lastly, Freeza, the youngest and most beloved
son of Goku, has a son, Magneato.
Determine Legitime and Free Portion:
Heir
Vegeta (predeceased)
Napa (repudiated)
Raditz (incapacitated)
Freeza
Will
180 = legitime:120
free: 60
180 (automatically
becomes free portion)
180 = legitime:120
free: 60
180 = legitime:120
free: 60
Determine amount received by heirs through

representation for the legitimes
Heir
Representation for
Legitime
Legitime = 120
Trunks: 60
Bulma: 60
Napa (repudiated)
Legitime = 120
Tenshenhan: 60
Chowzu: 60
Freeza
Accretion
- 60
-180
-60
+ (60 + 60 + 180) or +
300
COMPUTE:
Heir
Napa (repudiated)
Freeza
Determine the Legitimes:

Legitimate Children = of Total Estate
Therefore: Spiderman = P60,000
Robinhood = P60,000
Surviving Spouse = amount equal to Legitimate
Child
Therefore: Sandy = P60,000
Determine their Intestate Shares
Heir
Spiderman
Final Answer
Trunks: 60
Bulma: 60
0
Tenshenhan: 60
Chowzu: 60
480
Sandy
Determine Advances
Heir
Spiderman
Robinhood
Sandy
Advance
50,000
100,000
Compute:
Robinhood
Computation
Legitime: 60,000 50,000 = 10,000
Free Portion = 20,000
Legitime: 60,000 60,000 = 0
Free Portion: 20,000 20,000 = 0
(20,000 still unaccounted for)
Sandy
Since Robinhoods share has been exhausted

but there is still a deficiency of 20,000, this
20,000 will be deducted from the free portions
of Spiderman and Sandy Pro Rata.
Heir
Spiderman
Robinhood
Sandy
V. Collation
Sponge Bob died intestate on September 17,
1985. He left an estate of P90,000. He was
survived by his wife, Sandy, and his two children
Spiderman and Robinhood. During Mr. Bobs
lifetime, on January 1, 1980, he donated
Final Answer
80, 000
(60,000 = legitime)
80,000
(60,000 = legitime)
80,000
(60,000 = legitime)
Robinhood
Heir
Spiderman
Determine if there is accretion:

Heir
Napa (repudiated)
Freeza
P50,000 to Spiderman. In 1982, he made a

donation to Robinhood worth P100,000.
Compute for the shares of each heir.
Total Estate = Gross Estate Liabilities +
Donations Inter Vivos
Total Estate = 90,000 0 + 150,000 = P240,000
Computation
Legitime Left: 10,000
Free Portion Left =
20,000 10,000 = 10,000
0
Legitime: 60,000
Free Portion: 20,000 10,000 =
10,000
Therefore
Heir
Spiderman
Robinhood
Sandy
- end of Succession -
Final Answer
20,000
0
70,000
88
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CIVIL LAW REVIEWER

Chapter II. Testamentary Succession ..........61

Chapter VI. Application of the Important

Chapter III. Intestate Succession..................74

Chapter I. Concept of Succession................59

PRINTING & DISTRIBUTION

DESIGN & LAYOUT

Chapter I. Concept of Succession

Definition of Succession (Art. 774,

II. Opening of Succession (Art. 777, CC)

The rights to succession are transmitted

MOCK BAR COMMITTEE

BAR CANDIDATES WELFARE

III. Kinds of Succession (Art. 778, CC)

Testamentary (Art. 779, CC) - results from

Legal or intestate (Art. 960, CC) - takes

Chapter I. CONCEPT OF SUCCESSION

CIVIL LAW REVIEWER

CIVIL LAW REVIEWER

Chapter I. CONCEPT OF SUCCESSION

Testator repudiates the inheritance

Mixed (Art. 780, CC) - effected partly by will

Those who are called to the whole or to an

Compulsory Heirs those who succeed by

Voluntary or Testamentary Heirs those

Legal or Intestate Heirs those who

Chapter II. TESTAMENTARY SUCCESSION

Chapter II. Testamentary Succession

Concept of Testamentary Succession

Common Requirements for Both Kinds of

1. In writing (Art. 804, CC)

Law in force at the time the will

Law of decedents nationality at

II. Testamentary Capacity

III. Formalities of Wills

Specific Requirements for Notarial Wills

Governing Law on Validity with Respect to

disease, injury or other cause. (Art. 799,

3. SUBSCRIPTION: Subscribed to, at the

CIVIL LAW REVIEWER

CIVIL LAW REVIEWER

5. MARGINAL SIGNATURES: Testator or his

In the case of Matias vs. Salud (1957),

Icasiano vs. Icasiano, (1964): The

would be in contravention of Arts. 805

Qualifications (Art. 820, CC)

Interested witness (Art. 823, CC)

Creditors are not incompetent to be

page in the presence of instrumental

Chapter II. TESTAMENTARY SUCCESSION

CIVIL LAW REVIEWER

Chapter II. TESTAMENTARY SUCCESSION

Notarial Will v. Holographic Will

Codicil (Art. 825, CC)- it is a supplement

Effect of insertion written by another person

6. Only the free portion can be disposed of

A voluntary heir who dies before the testator

Three principles in institution of heirs

VI. Institution of Heirs