RHONOTES 2017

WILLS & SUCCESSION Kinds of heirs:

1. Compulsory heir – one who is entitled to
Dean Abella a legitime. He is not in the obligation to
accept the inheritance. However, if the
decedent is a debtor to an unpaid
September 15, 2017 creditor, the heir is not entitled to waive
his rights to the inheritance, the creditor
can ask the court to rescind the waiver of
Succession is a mode of acquisition by virtue of
the inheritance to the extent of the unpaid
which the property, rights and obligations to the
claim for the payment of said debt (See
extent of the value of the inheritance, of a person
Art. 1052, NCC).
are transmitted through his death to another or
Ex: legitimate child
others either by his will or by operation of law (Art.
774, NCC).
2. Voluntary heirs:
a. Legatee – one who inherits personal
Rights and Obligations inherited:
property
- Those rights and obligations that
b. Devisee – one who inherit a real
survives
property
- Those which arises from property
Note: A will must exist in order to have a
Note: Not all rights and obligations are inherited,
voluntary heir
only those that survives the decedent. All rights
and obligations that are strictly personal are lost
3. Legal heir – one who inherits according
when the person dies.
to law, even though he is not stated in the
Example of personal rights and
will. e.g. relatives of certain degrees
obligations:
- Right of husband to sleep with the wife
Note: All compulsory heirs are legal heirs, but not
- Obligation of support under the family
all legal heirs are compulsory heirs.
code
Ex: Your brother is a legal heir, but not
compulsory heir; even though he is your only
Note: The rights to the succession are transmitted
relative.
from the moment of the death of the decedent
A legitimate child is an example of both a
(Art. 777, NCC). Even though the property is not
compulsory and legal heir.
yet in your possession.
XPN: The heir renounces his inheritance, in
Kinds of Succession:
which case, he is considered to have never
1. Testamentary – if there is a valid will.
inherited. The inheritance will now pertain to the
2. Legal or Intestate – if there is no valid will;
legal heir.
disposition of properties will be in
Ex: A has debt to T. T dies, the debt and
accordance with the law.
interest from the moment of death of T will
3. Mixed – partly testamentary and partly
automatically be transmitted to T’s heir upon his
intestate. This happens when not all
death. However, if there are accrued interest,
properties are disposed in the will. Those
such is not automatically transmitted to his heirs
properties not disposed in the will shall
(See Art. 781, NCC).
be disposed of in accordance with the
Note: The possession of the estate does not
law.
automatically goes to the heir because the will still
needs to go to probate. The will must still go
Will is an act whereby a person is permitted, with
through judicial scrutiny to check its validity.
the formalities prescribed by law, to control to a
certain degree the disposition of his estate, to
Parties involved in succession:
take effect after his death (Art. 783, NCC).
1. The person who dies – if he dies with a
valid will, he is called the testator; if he
The making of a will is a personal act, which
dies without a will or a valid will, he is
means that the disposition of the estate must be
called the decedent or deceased
decided by the testator and not by anyone else.
2. The person who inherits – referred to as
Only the mechanical or physical act of making a
an heir
will can be delegated (See Art. 784, NCC).

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The validity of a will as to its form depends upon signature unless there is
the law in force at the time it is made (Art. 795, proof that it is the usual
NCC). signature of the testator in all
documents (Jurisprudence).
Probate of a will – the judicial scrutiny of a will, b. Date – must have a month,
knowing whether such will is valid or not. day, and year. It can be
written in any form.
Executor – the person to whom the testator Case: A testator did not
entrusted the distribution of his properties. put the day on the will,
only the month and year
Property acquired after the making of a will shall was written. The
only pass thereby, as if the testator had Supreme Court held that
possessed it at the time of making the will (Art. there was already
793, NCC). substantial compliance
with the law.
The will must state whether full ownership or only Note: The policy of the law is to prefer testacy
a part thereof will go to the devisee or legatee over intestacy. The interpretation that must be
(Art. 794, NCC). given to a will is one that will give effect to it, not
defeat it.
Qualifications to make a will or to be a testator:
1. At least 18 years old 2. Notarial – must be in writing; handwritten
2. He must be of sound mind by the testator himself or another person,
Note: All persons are presumed or typewritten. May be done partly
to be of sound mind, and whoever handwritten and partly typewritten as
alleges otherwise has the burden of long as it is not oral.
proving it. However, if a person is publicly a. Signature – may be signed
known to be insane a month or less by himself or if in some
before making his will, the person who circumstances he cannot
maintains the validity of the will must sign the will, he can tell
prove that the testator made it during a another person to write his
lucid interval (Art. 800, NCC). name but it must be in his
All persons have their own presence and his express
temporary insanity, e.g. when he is direction. The person asked
angry. to sign must write the
Note: A supervening incapacity does not testator’s name in his own
invalidate an effective will, nor is the will of an style of handwriting, not
incapable validated by the supervening capacity copying the testator’s
(Art. 801, NCC). handwriting or signature.
Ex: Testator’s hands were
A married woman may make a will without the amputated. “Maria types
consent of her husband. She may dispose her everything that the testator
separate property as well as her share in the asked her to do, testator will
conjugal property (Art. 802 & 803, NCC). ask Maria to write the
testator’s name in the same
Forms of a will: way she writes any names.
1. Holographic – entirely handwritten by the Maria must not copy the
testator, signed by his usual signature, signature of the testator. If
and dated by his own hand. Maria will write the testator’s
Scenario: A person born without name while he is not in the
hands, but used his foot to write a will is room with her, such act
considered to have made a holographic violates the requirement of
will. the law. Maria should write
a. Signature – must be the the name of the testator in
personalized or usual his presence, where the
signature of the testator. A testator can see it.”
thumbprint is not a valid
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Note: A notarial will must have an attestation
clause signed by at least 3 witnesses.
Note: A notarial will must be acknowledged by a
notary public. It must contain an
acknowledgement like a contract. The notary
public is not required to keep a copy of the will.
Note: A will is only valid or void.
Attestation Clause – a declaration signed by the
witnesses that the testator published to them the
preceding documents as his will.
Contents of the attestation clause:
a. Number of pages numbered
correlatively in letters
Ex: First Page, Page One...
If written like these: Page A,
Page B, Page Too, Page Tree, Page
I, Page II – Supreme Court held it is
substantial compliance with the law.
b. Testator’s signature at the bottom of
the will and on the left margin of all
other pages, in the presence of the
witnesses.
c. Signatures of the witnesses in the
presence of the testator and of one
another.
d. If the testator is unable to sign – the
name of the person who signed on
his behalf must be stated therein and
must state that it was signed in the
testator’s express direction and in his
presence. E.g. that the testator being
unable to sign directed Maria Cruz to
write his name as his signature…..
Witnesses to a will – must at least be three. If
there are only 2 witnesses, the will becomes
invalid.
Qualifications:
1. At least 18 years old
2. Must be of sound mind
3. Must not be blind
4. Must know how to read and write
5. Must be a resident of the Philippines
6. He must not have been convicted of a
crime involving falsification of
documents, perjury, or false testimony.
If the testator is:
a. Deaf, or deaf-mute - he must personally
read the will if able to do so; otherwise,
he shall designate two persons to read
and communicate to him the contents of
the will through sign language.
b. Blind – ask someone to type or write his
will on his behalf; the will shall be read to
him at least twice; once, by one of the
subscribing witnesses, and again, by the
notary public before whom the will is
acknowledged.
Note: There is no provision in the NCC for a
testator who is both blind and deaf-mute.
Language of the will – The will must be in the
language or dialect known to the testator. It
cannot be in the language not known to the
testator even if it has been interpreted to the
testator.
Note: The testator may not make a testamentary
disposition in such a manner that another person
has to determine whether or not it is operative
(Art. 787, NCC) If the will admits to different
interpretations, the interpretation in which it is
made to be operative shall be preferred (Art. 788,
NCC).
All clarifications intended for the will must be in
writing in order to be effective (See Art. 789,
NCC).
The invalidity of one disposition does not result in
the invalidity of the other dispositions, unless it is
presumed that the testator would not have made
the other dispositions if such invalid disposition
had not been made (Art. 792, NCC).
In holographic wills, the dispositions of the
testator written below his signature must be dated
and signed by him in order to make them valid as
testamentary dispositions (Art. 812, NCC). When
a number of dispositions appearing in a
holographic will are signed without being dated,
and the last disposition has a signature and a
date, such date validates the dispositions
preceding it, whatever be the time of prior
dispositions (Art. 813, NCC). If there is no date,
the disposition is invalid.
In case of any insertion, cancellation, erasure, or
alteration in the holographic will, the testator must
sign the said correction.
Language of the attestation clause - An
attestation clause can be in any language. If the
attestation clause is in the language not known to
the witnesses, it shall be interpreted to them.
In a probate proceeding, only the extrinsic validity
of a will is checked because a probate court has
limited jurisdiction.
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A probate may be applied by the testator himself.
If such was made, no publication is needed for a
notice of hearing.
In the probate of a holographic will, it shall be
necessary that at least one witness who knows
the handwriting and signature of the testator
explicitly declare that the will and the signature
are in the handwriting of the testator. If the will is
contested, at least three of such witnesses shall
be required.
In the absence of any competent witness referred
to in the preceding paragraph, and if the court
deem it necessary, expert testimony may be
resorted to (Art. 811, NCC). The expert must be
at the initiative of the Court and not of any other
person.
When a Filipino is in a foreign country, he is
authorized to make a will in any of the forms
established by the law of the country in which he
may be. Such will may be probated in the
Philippines (Art. 815, NCC). The rule on
nationality will apply or lex loci celebrationis.
The will of an alien who is abroad produces effect
in the Philippines if made with the formalities
prescribed by the law of his country, the law of the
country in which he resides, or the Philippine law
(See Art. 816, NCC).
A will made in the Philippines by a citizen or
subject of another country, which is executed in
accordance with the law of the country of which
he is a citizen or subject, and which might be
proved and allowed by the law of his own country,
shall have the same effect as if executed
according to the laws of the Philippines (Art. 817,
NCC). The doctrine of processual presumption
will apply which states that the laws of other
countries are the same of our laws, whoever
alleges otherwise has the burden of proving it.
Joint will – two or more persons make a will
jointly.
Note: A joint will is absolutely prohibited in the
Philippines.
If a person attests the execution of a will, to whom
or to whose spouse, or parent, or child, a devise
or legacy is given by such will, such devise or
legacy shall, so far only as concerns such person,
or spouse, or parent, or child of such person, or
any one claiming under such person or spouse,
or parent, or child, be void, unless there are three
other competent witnesses to such will. However,
such person so attesting shall be admitted as a
witness as if such devise or legacy had not been
made or given (Art. 823, NCC).
Ex: Testator asked Maria to be a witness, but she
does not want to. The testator then wrote in his
will that he will give Maria and the 2 other
witnesses sum amount of money for them to
agree to be witnesses. However, such
dispositions are invalid because they are deemed
incapacitated to inherit unless there will be
another witness who will attest without any
incentive. Only one additional witness is needed
for them to be capacitated to succeed.
Note: The incapacity extends to the spouse,
parent, or child of such person.
Note: A notary public cannot be made a witness
unless there are more than 3 witnesses.
September 22, 2017
There is no limit as to how many wills a person
can make. Even if the will states “My last will and
testament”.
Codicil – later will or subsequent will. It is a
supplement or addition to a will, made after the
execution of a will and annexed to be taken as a
part thereof, by which disposition made in the
original will is explained, added to, or altered.
In order for a codicil to be effective, it must be
executed as in the case of a will.
The title of the subsequent will does not matter as
long as the will is in accordance with the forms
prescribed by law. Ex: The first will may be
holographic, and the second one can be notarial.
Requirement of Codicil:
1. The previous document (will) must be
described in details in order to identify
which document is to be referred to in the
codicil.
2. Every page must be signed by the
testator. (most important requirement)
3. The document referred to must be in
existence.
Revocation of a will – when a testator changes
those stated in the will.
Ex: Testator made a will which states that
his house will go to Jose, but he later on changes
his mind and wants to give his house to Maria.
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Modes of revoking a will:
1. Express
2. Implied – whatever was given to a certain
person was later given to another person.
Note: When a second revocation takes place,
such revocation will not revive the first heir,
unless it is clearly stated by the testator.
Ex: Testator in his will gives his house to
Maria, then revokes such disposition to give it to
Jose. However, after some time, he decided to
revoke his disposition to Jose. The second
revocation will not revive the disposition to Maria.
The testator must clearly state in his will that he
is reviving the original will.
A revocation may be made by implication of law:
1. Testator transforms the object of
inheritance
Ex: Testator transformed the
narra woods that would be
inherited by the heir.
2. Testator sued his debtor - the one who is
said to inherit is deemed to have been
revoked of his legacy because of the act
of the testator of suing the debtor.
No will shall be revoked except in the following
cases:
1. By implication of law; or
2. By some will, codicil, or other writing
executed as provided in case of wills; or
3. By burning, tearing, cancelling, or
obliterating the will with the intention of
revoking it, by the testator himself, or by
some other person in his presence, and
by his express direction.
Note: If burned, torn, cancelled, or obliterated by
some other person, without the express direction
of the testator, the will may still be established,
and the estate distributed in accordance
therewith, if its contents, and due execution, and
the fact of its unauthorized destruction,
cancellation, or obliteration are established
according to the Rules of Court (Art. 830, NCC).
Subsequent wills revoke only those that are
inconsistent with the previous one (See Art. 831,
NCC)
A revocation made in a subsequent will shall take
effect even if the new will becomes inoperative
because of incapacity (See Art. 832, NCC).
A revocation based on a false cause is void. The
heir will still inherit from the estate.
The recognition of an illegitimate child does not
lose its legal effect, even though the will wherein
it was made should be revoked (Art. 834, NCC).
For an illegitimate child to inherit from his putative
father, the child must be acknowledged or
recognized by his father.
Note: A recognition of an illegitimate child
in a void will is still considered valid.
Republication of a will – a new will is made to
correct a void will (void as to form). Reformation
is not allowed when it comes to wills.
A will is not immediately executed upon the death
of the testator. The will must first go through
judicial scrutiny called probate.
Note: No will shall pass property unless it has
been proved that it was made in accordance with
the law.
Probate of a will – judicial proceeding to
determine the extrinsic or formal validity of a will.
Forms of validity of a will:
1. Extrinsic or formal – validity as to form
2. Intrinsic – relates to the contents of the
will
Note: Intrinsic validity should not be taken up in a
probate case.
A probate court is a court of limited jurisdiction. It
must look into the extrinsic validity of a will.
Extrinsic validity to be checked by the probate
court:
1. The capacity of the testator to make a will
2. If the will is holographic, it must check the
handwriting whether or not it was made
by the testator
3. It must check the genuineness of the
signature.
Note: It cannot go beyond the forms of the will.
Ex: Questioning the validity of a disposition made
in the will.
Note: Persons disqualified from making
or inheriting from donation inter vivos are also
disqualified from making or receiving from
donation mortis causa, e.g. husband and wife.
XPN: The probate court already made a ruling
regarding the issue of the intrinsic validity of the
will, such ruling can no longer be questioned on
the ground of lack of jurisdiction because the
parties already submitted themselves to the
jurisdiction of the probate court when no objection
was raised by them when the intrinsic validity was
raised in the probate court.
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Note: Both extrinsic and intrinsic validity of a will
are under the jurisdiction of the Regional Trial
Court. However, they must be filed in different
cases.
Who may file for probate:
1. The testator himself
2. By anyone in possession of the will after
the death of the testator within the period
of 30 days
Advantages when the testator himself filed for
probate:
1. The proceeding is simplified
2. There is no need for the publication of the
notice of hearing
3. The defect in the will can still be
corrected
Note: A will may still be revoked even after
probate.
Probate of holographic will by the testator:
1. Petitioner must present at least 1 person
familiar with the handwriting and
signature of the testator
2. If there is contention: 3 persons are
required to testify for the genuineness of
the handwriting and signature of the
testator
Ex: The petitioner immediately presented expert
witness, such is not allowed by the court. It is only
by the initiative of the court when an expert
witness’s opinion is deemed admissible.
GR: Hearsay Evidence is inadmissible
XPN: Expert’s opinion
XPN: You can result to expert’s testimony
immediately if everyone who knows your
handwriting are already dead.
Grounds on disallowing a will:
1. If the formalities required by law have not
been complied with;
2. If the testator was insane, or otherwise
mentally incapable of making a will, at the
time of its execution;
3. If it was executed through force or under
duress, or the influence of fear, or
threats;
4. If it was procured by undue and improper
pressure and influence, on the part of the
beneficiary or of some other person;
5. If the signature of the testator was
procured by fraud;
6. If the testator acted by mistake or did not
intend that the instrument he signed
should be his will at the time of affixing
his signature thereto.
Institution of heir is an act by virtue of which a
testator designates in his will the person or
persons who are to succeed him in his property
and transmissible rights and obligations.
Note: The person must be described if
not named.
Scenario:
A person writes down all his properties in
a piece of paper and signs the said paper with
date. However, he was not able to put the names
of those who will inherit the said properties. – The
paper is considered a valid holographic will.
However, the will is useless because it does not
institute heirs. The rule on intestacy will apply.
Note: There is a difference between the
validity of a will and the use of a will. A will is valid
even if it has no institution of heirs.
If the testator makes a testament but not all
properties are disposed, rules on intestacy will
apply to the residual property.
If the heir predeceases the testator, or he is
incapacitated to succeed, or he renounces his
inheritance; absence of any provision for
substitution, the rule on intestacy shall apply.
One who has no compulsory heirs may dispose
by will of all his estate or any part of it in favor of
any person having capacity to succeed.
One who has compulsory heirs may dispose of
his estate provided he does not contravene the
provisions of this Code with regard to the legitime
of said heirs (Art. 842, NCC).
Compulsory heirs – entitled to a legitime,
which is the minimum inheritance of a compulsory
heir. Only compulsory heirs are entitled to a
legitime.
a. Legitimate children and
descendants, with respect to their
legitimate parents and ascendants;
b. In default of the foregoing, legitimate
parents and ascendants, with
respect to their legitimate children
and descendants;
c. The widow or widower;
d. Acknowledged natural children, and
natural children by legal fiction;
e. Other illegitimate children
Note: Legitime are preserved by law for your
compulsory heirs. They cannot be given to
anyone else. If the testator wishes to bequeath
other persons than his compulsory heirs, only
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properties in the disposable free portion must be
allocated to them.
If the testator wishes to bequeath more to his
compulsory heir, other than that of his legitime,
the additional inheritance shall be taken from the
disposable free portion.
The testator shall designate the heir by his name
and surname, and when there are two persons
having the same names, the said heir must be
described by the testator (See Art. 843, NCC).
If two or more persons have the same name and
by description, the heir still cannot be
ascertained, nobody will inherit.
Every disposition in favor of an unknown person
shall be void, unless by some event or
circumstance his identity becomes certain.
However, a disposition in favor of a definite class
or group of persons shall be valid (Art. 845, NCC).
Ex: Testator bequeaths sum of money to
the lepers of the Philippine Red Cross, it is the
Philippine Red Cross who will decide on which
among the lepers will inherit the said sum of
money.
If the sharing of inheritance is not stated, the
sharing will be divided equally (See Art. 846,
NCC). Even if the heirs instituted are composed
of full blood siblings and half-blood siblings (See
Art. 848, NCC).
Note: The rule wherein the half-brother or half-
sister gets only one-half of the inheritance of the
full blood sibling only applies when there is no
will.
When the testator calls to the succession a
person and his children they are all deemed to
have been instituted simultaneously and not
successively (Art. 849, NCC). Those instituted
collectively are deemed instituted individually
(See Art. 847, NCC).
Ex: “I leave Php 10,000,000 Jose Cruz
and his 3 children.” – The Php 10,000,000 should
be divided to the 4 of them.
The statement of a false cause for the institution
of an heir shall be considered as not written,
unless it appears from the will that the testator
would not have made such institution if he had
known the falsity of such cause (Art. 850, NCC).
Ex: “I leave to Jose Cruz Php1,000,000
because he saved me during the flood of typhoon
Marie.” – Even though it was not Jose Cruz who
saved the testator’s life, he would still be entitled
to the inheritance. However, if the testator states
“if Jose Cruz did not save my life, he will not get
the inheritance” then Jose Cruz will not get
anything.
If it was the intention of the testator that the
instituted heirs should become sole heirs to the
whole estate, or the whole free portion, as the
case may be, and each of them has been
instituted to an aliquot part of the inheritance and
their aliquot parts together do not cover the whole
inheritance, or the whole free portion, each part
shall be increased proportionally (Art. 852, NCC).
Since it is the intention of the testator to bequeath
all his properties to those instituted heirs, then
their inheritance will increase proportionately.
Ex: A – Php 3,000,000
B – Php 2,000,000
C – Php 1,000,000
Total Estate = Php 7,000,000
Excess of Php 1,000,000 will be
proportioned to A, B, and C.
Therefore: 3:2:1; A - Php 500,000 (3/6 x
Php1,000,000); B – Php 333,333 (2/6 x
Php1,000,000); C – Php 166,666 (1/6 x
Php1,000,000)
If each of the instituted heirs has been given an
aliquot part of the inheritance, and the parts
together exceed the whole inheritance, or the
whole free portion, as the case may be, each part
shall be reduced proportionally (Art. 853, NCC).
Preterition - omission of one, some, or all of the
compulsory heirs in the direct line.
The effect of preterition shall annul the institution
of heirs.
Legacies and Devisees shall be valid as long as
they do not diminish the legitime.
If the omitted compulsory heirs dies before the
testator, the institution will be effectual so long as
it does not prejudice the right of representation
(Art. 854, NCC).
The share of a child or descendant omitted in a
will must first be taken from the part of the estate
not disposed of by the will, if any; if that is not
sufficient, so much as may be necessary must be
taken proportionally from the shares of the other
compulsory heirs (Art. 855, NCC). The free
portion will be used first, if it is not sufficient, then
the legitime of the compulsory heirs will be taken
proportionately.
A voluntary heir who dies before the testator
transmits nothing to his heirs.
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A compulsory heir who dies before the testator, a
person incapacitated to succeed, and one who
renounces the inheritance, shall transmit no right
to his own heirs except in cases expressly
provided for in this Code (Art. 856, NCC).
- Right of representation will take place;
applicable to descendants only. There is
no right of representation in the
ascending line.
September 29, 2017
The law allows substitution and institution of heirs
to avoid intestacy, because the law prefers
testacy over intestacy.
Substitution of heirs can be done by the
testament itself or it may be done in another will,
called the codicil.
Substitution is the appointment of another heir so
that he may enter into the inheritance in default of
the heir originally instituted (Art. 857, NCC).
Ex: I leave to my friend my car. If for any
reason he cannot receive the inheritance, the car
will go to Mario Cruz.
Substitution happens when the heir dies ahead of
the testator, or when by reason of incapacity the
heir cannot succeed, or the heir renounces his
inheritance.
Kinds of substitution:
1. Simple or Common
2. Brief or Compendious
3. Reciprocal
4. Fideicommissary
Simple or Common – when the testator after
instituting an heir institutes his substitute.
Brief Substitution – the testator institutes an heir
but he provides for two or more substitutes.
Compendious – testator names 2 heirs but
names only one substitute.
Reciprocal – testator institutes 2 or more heirs; if
one of them cannot receive inherit, the others will
take over the inheritance.
Fideicommissary – the testator institutes a first
heir, but he creates an express obligation to the
first heir to preserve and transmit the inheritance
for the second heir, who shall not be greater than
one degree from the first heir.
For a fideicommissary to happen, both heirs must
survive the testator.
The right of the second heir shall pass to his heirs;
which means that if the second heir inherits from
the testator, his heirs can now inherit from him the
said estate.
Ex: I leave my house and lot to Pedro
Cruz, but he must preserve the house for his son,
Pedrito.
Note: Parent and Child is the one degree
relationship.
Note: The second heir inherits from the testator,
not from the first heir. The first heir only acts like
a trustee.
Scenario:
a. First heir dies before the testator - no
substitution happens (simple
succession)
b. Second heir dies before the testator
- no succession take place; the
property now becomes the intestate
estate of the testator; legal heirs will
succeed
Q: If second heir is not yet born –
allowed; as long as it will have
juridical personality.
Note: A voluntary heir who dies before
the testator passes no inheritance to his
own heirs.
Note: If you will analyze the law, there are only 2
classes of substitution; simple and
fideicommissary. Brief or compendious, and
reciprocal are considered as simple substitution.
If 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 are more than one substitute,
they shall have the same share in the substitution
as in the institution (Art. 861, NCC).
Ex: A – 50%, B- 30%, and C 20%. If A
dies, B and C will get A’s inheritance according to
their proportionate share. Therefore, B will get an
additional 30% and C will get an additional 20%.
The substitute shall be subject to the same
charges and conditions imposed upon the
instituted heir, unless and testator has expressly
provided the contrary, or the charges or
conditions are personally applicable only to the
heir instituted (Art. 862, NCC). If there is a burden
imposed upon the instituted heir, the substituted
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shall also be bound with the said condition unless
stated otherwise by the testator, or the condition
imposed is strictly personal to the instituted heir.
GR: A legitime can never be burdened. Such
burden shall be deemed as not imposed.
XPN: The testator prohibits partition for not more
than 20 years. If partition is more than 20 years,
the prohibition will only be up to 20 years, the
remaining years will be void.
Note: If the compulsory heir inherits from
the disposable free portion, apart from his
legitime. A condition may now be imposed on the
legacy or devise to be inherited.
Fideicommissary will take effect on the following
grounds:
1. The testator uses exactly the words
fideicommissary substitution; or
2. The testator creates an obligation to the
fiduciary to preserve and transmit/deliver
the property to the second heir.
A testator cannot prohibit the alienation of the
property, because he is no longer the owner of
the property when he dies.
A testator cannot impose secret instructions
because he is no longer the owner of the property
when succession takes place.
A provision whereby the testator leaves to a
person the whole or part of the inheritance, and
to another the usufruct, shall be valid. If he gives
the usufruct to various persons, not
simultaneously, but successively, the provisions
of article 863 shall apply (Article 869, NCC).
Ex: Pedro is given a land by testator for
usufructuary, but it is Pedrito who will inherit the
land.
Pedro – usufructuary until his
death; the fruits and interests of the
property will go to him.
Pedrito – has full ownership
Note: If Article 863 is to be applied, the movement
is only from the first heir to the second heir. It
cannot go beyond.
Pretirition – when a compulsory heir in the direct
line was not given any inheritance. Pretirition
annuls the institution of heirs, but legacies and
devisees will subsist so long as they are not
inofficious.
Legitime – part of the net estate of the testator
which is reserved by law for the compulsory heirs.
GR: The legitime of the compulsory heir can
never be impaired.
XPN: The legitime of the illegitimate children. If
the remaining free portion is not enough to satisfy
fully the legitime of the illegitimate child, then the
diminution is allowed.
Note: If the legitime of compulsory heirs
are not fully satisfied, the heir may ask for the full
satisfaction of his legitime. Therefore, the
legacies and devises may be diminished.
If an inheritance is subject to a burden, the heir
must accept both the inheritance and the burden.
Burdens that may be imposed to legatee or
devisees:
1. Conditions not contrary to law, morals,
public policy… if contrary, it is deemed as
not imposed
Note: Impossible conditions are also
deemed as not imposed.
Ex: I leave to Pedro Cruz my
house and lot, provided he will marry
Maria Santos 2 years from the probate of
the will. – Pedro will only get the
inheritance when he marries Maria.
However, if Maria already have a
husband and the two years already
lapsed, Pedro will still get the inheritance.
The conditions imposed are considered
impossible condition.
Executor – person who implements the will; may
be appointed by the testator or by the court.
Administrator – those who manage the property
before being distributed
An absolute condition not to contract a first or
subsequent marriage shall be considered as not
written unless such condition has been imposed
on the widow or widower by the deceased
spouse, or by the latter's ascendants or
descendants.
Nevertheless, the right of usufruct, or an
allowance or some personal prestation may be
devised or bequeathed to any person for the time
during which he or she should remain unmarried
or in widowhood (Art. 874, NCC).
Ex: I leave to my wife our house and lot,
provided she will never re-marry. – The
prohibition is valid. If she violates the prohibition,
the wife can still inherit her legitime but not the
legacy or devise.
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Note: The absolute prohibition to contract
marriage may also be imposed by an ascendant
or descendant.
Ex: The testator is the mother in law of
the heir; or the son from the previous marriage. –
If the legatee or devisee violates such condition,
she cannot get anything because she does not
have any legitime to the said testator
Absolute prohibition: Prohibition of marriage to a
girlfriend. However, if prohibition for marriage is
only for a limited time, such prohibition is allowed.
Any disposition made upon the condition that the
heir shall make some provision in his will in favor
of the testator or of any other person shall be void
(Article 875, NCC). Only the disposition is void,
not the whole will.
Ex: I will give something to Pedro,
provided he will give me something to inherit in
his testament.
Any purely potestative condition imposed upon
an heir must be fulfilled by him as soon as he
learns of the testator's death.
This rule shall not apply when the condition,
already complied with, cannot be fulfilled again
(Art. 876, NCC).
Ex: The condition is to pass the bar exam
within 5 years from the death of testator. – The
heir now needs to do it within the prescribed
period. However, if such condition was already
fulfilled prior to when he learned of the condition,
the condition is now deemed fulfilled.
A disposition with a suspensive term does not
prevent the instituted heir from acquiring his
rights and transmitting them to his heirs even
before the arrival of the term (Art. 878, NCC).
Ex: Pedro will get his inheritance on
Christmas 2020. – Pedro will have to wait until
Christmas of 2020 before he gets his
inheritance. But the inheritance already pertains
to him, however, the possession is not yet with
him.
If Pedro dies before Christmas of 2020,
the inheritance will be given to Pedro’s heirs
when the term arrives.
If the potestative condition imposed upon the heir
is negative, or consists in not doing or not giving
something, he shall comply by giving a security
that he will not do or give that which has been
prohibited by the testator, and that in case of
contravention he will return whatever he may
have received, together with its fruits and
interests (Art. 879, NCC).
Ex: I give my wife Php 10,000,000,
provided she will never re-marry again. – For the
wife to get the inheritance, she must put up a
security. In case she violates the condition, she
must return the inheritance together with its fruits
and interests.
If the heir be instituted under a suspensive
condition or term, the estate shall be placed
under administration until the condition is fulfilled,
or until it becomes certain that it cannot be
fulfilled, or until the arrival of the term.
The same shall be done if the heir does not give
the security required in the preceding article (Art.
880, NCC). When a person dies, the inheritance
cannot immediately be given to the heirs because
some conditions may still need to be fulfilled. The
executor still needs to probate the will. If there is
no will, the administrator will take over the
properties until conditions are fulfilled.
Legitime is that part of the testator's property
which he cannot dispose of because the law has
reserved it for certain heirs who are, therefore,
called compulsory heirs (Art. 886, NCC). It is not
a definite property nor amount. It is a part of the
estate reserved by law for the compulsory heirs.
The following are compulsory heirs:
1. Legitimate children and descendants,
with respect to their legitimate parents
and ascendants;
2. In default of the foregoing, legitimate
parents and ascendants, with respect to
their legitimate children and
descendants;
3. The widow or widower;
4. Acknowledged natural children, and
natural children by legal fiction;
5. Other illegitimate children referred to in
article 287.
Compulsory heirs mentioned in Nos. 3, 4, and 5
are not excluded by those in Nos. 1 and 2; neither
do they exclude one another.
In all cases of illegitimate children, their filiation
must be duly proved.
The father or mother of illegitimate children of the
three classes mentioned, shall inherit from them
in the manner and to the extent established by
this Code (Art. 887, NCC).
Note: Legitimate ascendants only becomes
compulsory heirs if the is no legitimate
descendant.
Note: Natural children by legal fiction does not
need recognition because they are married,
however, the marriage is void. – Family Code:
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The marriage is void, but the children born out of Note: After giving the ½ to the
the said marriage are considered legitimate. descendants or ascendants, the
remaining half is called the free
Computation for Net Estate: *those in parenthesis portion. This is where the legitime of
are to be deducted* the spouse and the illegitimate child
a. Single: will come from. And what is left of
All Assets that free portion, will be called
(All Liabilities) disposable free portion, which will be
--------------------------- given to anyone the testator desires.
Net Assets c. No legitimate child or children –
(Estate Tax) Parents will inherit – ½ of the estate
------------------ for the parents to be divided equally
NET ESTATE to both of them; ¼ to the spouse; ¼
disposable free portion. If only parent
b. Married – all assets and liabilities are is alive, then the whole ½ will go to
common or conjugal the surviving parent.
Total Assets d. Art. 890 - No legitimate children, no
(Total Liabilities) parents, but has grandparents – the
Net Assets ½ will be given to the grandparents
Divided by 2 to be divided equally between the
½ share husband & ½ share wife paternal line and maternal line – the
maternal line of grandparents will get
½ share of deceased ¼ to be divided to the grandparents
(Estate Tax) alive equally, the remaining ¼ will be
given to the grandparents from the
Net Estate
paternal line, and divide by them
equally; ¼ of the estate will go to the
c. Married – with conjugal/common assets
spouse.
and liabilities; and with exclusive assets
Note: Include the nearer and exclude the further.
and liabilities
e. Husband and wife with 1 legitimate
Total Assets-conjugal
child and the husband has 1
(Total Liabilities)-conjugal
illegitimate child – ½ goes to the
Net assets from conjugal legitimate child; ¼ goes to the wife;
Divided by 2 ¼ goes to the illegitimate child, which
½ share husband & ½ share wife is ½ of the legitime of the legitimate
child.
½ share of deceased In case of 2 illegitimate child – ½
Exclusive Assets goes to the legitimate child; ¼ will go
Total Assets to the surviving spouse; ¼ will go to
(Exclusive Liabilities) the 2 illegitimate children, which will
Net Assets have them 1/8 each.
(Estate Tax) Note: GR: Legitime may never be
Net Estate diminished. XPN: Legitime of the
illegitimate child.
Legitime Scenarios: f. Art. 899 – Husband and wife with no
a. Art. 888 - Husband & Wife; 2 legitimate child but the testator still
legitimate children – ½ of net estate have parents and 3 illegitimate child
goes to the children, each will get – The ½ will go to the parents to be
1/4. If there are 3 children, each child divided equally, each getting ¼; the
will get 1/6. spouse will get 1/8; and the 3
b. Husband and Wife with 1 legitimate illegitimate child will get the ¼ of the
child – ½ of the estate will go to the estate to be divided by them equally,
child; Only 1 child - the ¼ will go to thus each having a share of 1/12;
the wife; the remaining ¼ is the disposable portion of 1/8.
disposable free portion g. Art. 894 – husband and wife with no
legitimate child and legitimate
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ascendants, but with 3 illegitimate
children – 1/3 goes to the wife; 1/3
will go to the 3 illegitimate children to
be divided equally among them,
each getting 1/9; the remaining 1/3
will be the disposable free portion.
h. Husband and wife only – ½ will go to
the surviving spouse; the remaining
½ free disposable portion.
i. Testator has no spouse, but has 1
child – ½ will go to the child, whether
legitimate or illegitimate; the
remaining ½ will be the disposable
free portion.
j. Art. 900 – Marriage in articulo mortis,
testator died within 3 months –
surviving spouse gets only 1/3.
XPN: The spouse cohabited as
husband and wife for more than five
years – the surviving spouse will get
½.
Note: Art. 895 does not apply anymore because
of The Family Code.
October 6, 2017
Reserva Troncal – The ascendant who inherits
from his descendant any property which the latter
may have acquired by gratuitous title from
another ascendant, or a brother or sister, is
obliged to reserve such property as he may have
acquired by operation of law for the benefit of
relatives who are within the third degree and who
belong to the line from which said property came
(Art. 891, NCC).
Purpose: to prevent the property
acquired in one family line to move in another
family line because of intestacy.
Family lines:
1. Paternal – from the father’s side
2. Maternal – from the mother’s side
P M T N
B H W A B C parents who have an illegitimate child, when such
X half of the hereditary estate of such illegitimate
 P donated his house to X.
 X dies, H is also dead
 The house will now go to W.
 When W dies, applying Art. 891, the
house will now go to M or B.
3 persons involve in reserve troncal:
1. Praepositus or Prepositus or Propositus
– X – the descendant
2. Reservista or Reservor – W – the
ascendant who reserves the property
3. Reservatarios or Reservees – M or B –
the one who will receive the reserved
property.
Note: If in the scenario, X gives the house to W
by reason of a will, then there is no more reserve
troncal.
Note: No reserve troncal will commence if there
is no more relative within the 3rd degree from the
propositus or there are no more reservatarios.
If the property that was given to the propositus
was not in a gratuitous title, e.g. sale, there is no
reserve troncal.
The reservista inherits ownership but subject to a
resolutory condition.
Example of reserve troncal from a brother:
B H W
A D C
 Upon B’s death, H marries W.
 A donated a property to C
 C dies, B is also dead.
 The property will go to W for reserve
troncal.
 When the W dies, the property will go to
A or D, or to any relatives within the 3 rd
degree in the same line.
Note: The property will go to the nearer degree
first. Direct relatives first before collateral.
Ex: Between a grandparent and a
brother, the property will go first to the
grandparent.
Persons who have legitime but are compulsory
heirs: Illegitimate Parents - The legitime of the
child leaves neither legitimate descendants, nor a
surviving spouse, nor illegitimate children, is one-
child. If only legitimate or illegitimate children are
left, the parents are not entitled to any legitime
whatsoever. If only the widow or widower
survives with parents of the illegitimate child, the
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legitime of the parents is one-fourth of the
hereditary estate of the child, and that of the
surviving spouse also one-fourth of the estate
(Art. 903, NCC).
Scenarios:
a. Illegitimate Parents only – The parents
will inherit ½, to be divide by them
equally, thus ¼ each; the remaining ½
will be the disposable free portion
b. Illegitimate Parents and Spouse – ¼ will
go to the spouse; ¼ will go to the
illegitimate parents, to be divided equally
among them; the remaining ½ will be the
disposable free portion.
Instances stated by law wherein the legitime may
be diminished or the compulsory heir may be
deprived of his legitime:
a. Illegitimate child – diminution
b. Valid disinheritance – deprivation
Note: The only burden that may be imposed upon
the legitime is prohibit partition of no longer than
20 years.
Disinheritance – an act permitted by law, wherein
a person deprives his compulsory heirs of his
legitime for any of the causes provided by law.
How to do a valid disinheritance:
1. Valid will
2. In the valid will, the testator expressly
disinherits his compulsory heirs. There is
no implied disinheritance.
Note: The testator must mention the
ground for disinheritance and it must be
valid.
In case the disinherited heir contests the
disinheritance, the heirs interested to maintain
the disinheritance must prove the existence of the
disinheritance.
If there is lacking of one requirement, there will be
a defective disinheritance. Therefore, the heir
who was defectively disinherited will now receive
his legitime.
Every renunciation or compromise as regards a
future legitime between the person owing it and
his compulsory heirs is void, and the latter may
claim the same upon the death of the former; but
they must bring to collation whatever they may
have received by virtue of the renunciation or
compromise (Art. 905, NCC).
Collation – add back the previous donations
which the compulsory heir received from the
decedent.
Ex: The Prodigal Son – the son asked for
his inheritance in advance and signs a waiver of
future inheritance.
Upon the father’s death, the prodigal son
is still asking for his legitime. (Note: The waiver
that the prodigal son signed before is not a valid
waiver.)
Compute the net estate and the value of
the donation given to arrive at the final net estate
to be disposed of.
Scenario: Husband and wife with 2 children;
husband donated a house worth Php 1,000,000
to one of his children.
Net Estate:
Php4,000,000 – the estate left
Php1,000,000 – the value of the donation
-------------------
Php 5,000,000
Legitimes:
1st child – Php1,250,000
2nd child – Php1,250,000
However, since the 1st child
already got Php1,000,000, he will now only
receive Php 250,000.
Note: For purpose of collation, the value of the
donation at the time it was made will still be the
value that is to be added.
Note: Whatever was donated as inter vivos will be
charged to his legitime. If there was donation inter
vivos, even if the compulsory heir was not entitled
to anything in the will, there is no preterition.
If the donation inter vivos given was more than
the legitime of the one who received:
Ex: X dies, leaving his spouse W, his
children S and D with nothing. Prior to his death,
he donated Php 1,000,000 to S.
Net Estate:
Php1,000,000 – the value of the donation
made to S
--------------------
Php 1,000,000 – total net estate
Legitime:
S: Php250,000
D: Php250,000
W: Php250,000
S will have to give back the excess
Php750,000 that he inherited in order to give the
legitime of the other compulsory heir.
Any compulsory heir to whom the testator has left
by any title less than the legitime belonging to him
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may demand that the same be fully satisfied (Art.
906, NCC). If the donation given to him is still
insufficient, he is entitled to get the remaining
value of his legitime.
Testamentary dispositions that impair or diminish
the legitime of the compulsory heirs shall be
reduced on petition of the same, insofar as they
may be inofficious or excessive (Art. 907, NCC).
In cases of legacies or devisees. If the legitime is
not enough, the legacies and devisees will be
diminished.
Note: The legacies and devisees may be taken
only from the disposable free portion.
Donations given to children shall be charged to
their legitime.
Donations made to strangers shall be charged to
that part of the estate of which the testator could
have disposed by his last will.
Insofar as they may be inofficious or may exceed
the disposable portion, they shall be reduced
according to the rules established by this Code
(Art. 909, NCC).
Donations which an illegitimate child may have
received during the lifetime of his father or
mother, shall be charged to his legitime.
Should they exceed the portion that can be freely
disposed of, they shall be reduced in the manner
prescribed by this Code (Art. 910, NCC).
If the devise subject to reduction should consist
of real property, which cannot be conveniently
divided, it shall go to the devisee if the reduction
does not absorb one-half of its value; and in a
contrary case, to the compulsory heirs; but the
former and the latter shall reimburse each other
in cash for what respectively belongs to them.
The devisee who is entitled to a legitime may
retain the entire property, provided its value does
not exceed that of the disposable portion and of
the share pertaining to him as legitime (Art. 912,
NCC). Devise – real property.
Ex: The devise that the devisee inherited
is 50sqm. Therefore, compulsory heir should get
25sqm. Since it is impractical to divide the land,
apply Art. 912. – Land given to the devisee was
reduced to ½, the land will now go to the
compulsory heir. If the land was not reduced to
½, the land will remain to the devisee. Thus,
whatever the value of the part of the land that
should be given to the heir should be paid in cash
by the one who gets the land.
Note: If the heirs or devisees will not exercise the
right, then the property will be sold. The proceed
will then be distributed appropriately according to
their share.
The testator may devise and bequeath the free
portion as he may deem fit (Art. 914, NCC). This
is about the disposable free portion which may be
given to anyone. Except to those who are
disqualified by law in making donation inter vivos.
Disinheritance can be effected only through a will
wherein the legal cause therefor shall be
specified (Art. 916, NCC). There must be a will,
and in that will the cause must be expressly
stated in order to be valid. The cause of
disinheritance must be one of those specified by
law.
Disinheritance without a specification of the
cause, or for a cause the truth of which, if
contradicted, is not proved, or which is not one of
those set forth in this Code, shall annul the
institution of heirs insofar as it may prejudice the
person disinherited; but the devises and legacies
and other testamentary dispositions shall be valid
to such extent as will not impair the legitime (Art.
918, NCC). If the disinheritance turns out to be
defective, the compulsory heir will now receive
his legitime. The legacies and devisees will be
reduced to give the legitime of the compulsory
heir.
The following shall be sufficient causes for the
disinheritance of children and descendants,
legitimate as well as illegitimate:
1. When a child or descendant has been
found guilty of an attempt against the life
of the testator, his or her spouse,
descendants, or ascendants;
2. When a child or descendant has accused
the testator of a crime for which the law
prescribes imprisonment for six years or
more, if the accusation has been found
groundless;
3. When a child or descendant has been
convicted of adultery or concubinage with
the spouse of the testator (the second
spouse of the testator if he has a child
from the first marriage);
4. When a child or descendant by fraud,
violence, intimidation, or undue influence
causes the testator to make a will or to
change one already made;
5. A refusal without justifiable cause to
support the parent or ascendant who
disinherits such child or descendant;
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6. Maltreatment of the testator by word or
deed, by the child or descendant;
7. When a child or descendant leads a
dishonorable or disgraceful life;
8. Conviction of a crime which carries with it
the penalty of civil interdiction.
Note: The grounds mentioned above are
exclusive. Disinheritance will not be effective if
the ground is not mentioned above.
The following shall be sufficient causes for the
disinheritance of parents or ascendants, whether
legitimate or illegitimate:
1. When the parents have abandoned their
children or induced their daughters to live
a corrupt or immoral life, or attempted
against their virtue;
2. When the parent or ascendant has been
convicted of an attempt against the life of
the testator, his or her spouse,
descendants, or ascendants;
3. When the parent or ascendant has
accused the testator of a crime for which
the law prescribes imprisonment for six
years or more, if the accusation has been
found to be false;
4. When the parent or ascendant has been
convicted of adultery or concubinage with
the spouse of the testator;
5. When the parent or ascendant by fraud,
violence, intimidation, or undue influence
causes the testator to make a will or to
change one already made;
6. The loss of parental authority for causes
specified in this Code;
7. The refusal to support the children or
descendants without justifiable cause;
8. An attempt by one of the parents against
the life of the other, unless there has
been a reconciliation between them.
The following shall be sufficient causes for
disinheriting a spouse:
1. When the spouse has been convicted of
an attempt against the life of the testator,
his or her descendants, or ascendants;
2. When the spouse has accused the
testator of a crime for which the law
prescribes imprisonment of six years or
more, and the accusation has been found
to be false;
3. When the spouse by fraud, violence,
intimidation, or undue influence cause
the testator to make a will or to change
one already made;
4. When the spouse has given cause for
legal separation;
5. When the spouse has given grounds for
the loss of parental authority;
6. Unjustifiable refusal to support the
children or the other spouse.
Common causes of disinheritance:
1. Attempt on life
2. Unjust refusal to provide for support
3. Compelling the testator to make his will if
he hasn’t made one
4. Compelling the testator to change his will
if he already made one
5. Accusing the testator of a crime that is
punishable of 6 years imprisonment or
more, which turns out to be false.
A subsequent reconciliation between the offender
and the offended person deprives the latter of the
right to disinherit, and renders ineffectual any
disinheritance that may have been made (Art.
922, NCC). The reconciliation must be mutual,
there must be acceptance. It cannot be pardon
only. If only unilateral, the person is still
disinherited.
The children and descendants of the person
disinherited shall take his or her place and shall
preserve the rights of compulsory heirs with
respect to the legitime; but the disinherited parent
shall not have the usufruct or administration of the
property which constitutes the legitime (Art. 923,
NCC). This is right of representation.
Representation takes place in the following:
1. Heir predeceases the testator
2. The heir is incapacitated to succeed
3. Disinheritance
Ex: Husband and Wife with 3 children, A, B
and C. A has a wife, R, they also have 2
children S and T.
If the husband dies, and A is already dead, S
and T will inherit A’s right to the estate
because of right of representation, together
with B and C.
Note: S and T will only get the part of A. Thus,
they are inheriting because of right of
representation. On the other hand, B and C
will inherit in their own right.
November 16, 2017
Legacy – inheritance of personal property. The
person to receive a legacy is called the legatee.
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Devise – inheritance of real property. The person
to receive a devise is called a devisee.
Note: Legatees and devisees are
voluntary heirs. It will only take place if there is a
valid will.
GR: A testator may bequeath or devise only
something that belongs to him.
Legacy or Devise is a specific property – If the
testator dies and the thing that was inherited to
you was gone out of existence, the heir receives
nothing. If the thing was sold by the testator prior
to his death, such act is considered as a
revocation (implied) of the legacy.
Legacy is a generic thing:
1. The estate does not own the said
property – the executor will acquire the
said property and give it to the heir. The
quality of the thing to be given will
depend on the capacity of the estate to
give. The legatee cannot ask for
something superior, and the executor
cannot give something inferior. The
reason for this is because there might be
other legacies and devisees which needs
to be given and the order of preference
according to law should be followed.
Devise of an indeterminate thing:
1. The estate does not own the said
property – the devisee will get nothing.
Ex: The testator bequeathed to
the devisee a parcel of land in Manila. At the
time of the making of the will, the testator
owns many parcel of land in Manila.
However, before he died he sold all his land
in Manila and acquired a parcel of land in
Antipolo. The devisee in this case will receive
nothing.
Legacy of a credit – Only the part which remains
to be unpaid at the time of the testator’s death is
the amount which the legatee will receive. If the
debtor already paid everything before the
testator’s death, the legatee will receive nothing.
The heir has the right to ask for the instrument of
credit so that he can collect from the debtor.
Legacy in the form of condonation of an
obligation. – Only the part which was still unpaid
by the debtor-heir at the time of testator’s death
will be condoned. The debtor cannot ask for
refund. The debtor-heir can ask for the instrument
of credit back or ask from the executor an
acquittance.
Note: The condonation requires the
acceptance of the debtor-heir.
A generic legacy of release or remission of debts
comprises those existing at the time of the
execution of the will, but not subsequent ones
(Art.937, NCC).
Ex: The testator on his will condoned the
credit of Maria. However, after the testator made
his will, Maria borrowed money from the testator
again. – Upon the testator’s death, the condoned
credit are only those existing at the time of the
making of the will. Credits arising after the making
of the will are not condoned because the testator
has no right to such credits. The testator can only
condone those which he has existing rights on.
Note: In legacy of credit and condonation, if the
testator sues the debtor, the heir will get nothing.
It is implied revocation of the legacy.
The legatee for the legacy of credit cannot
substitute the testator as plaintiff unless such
substitution was made by the testator when he
was still alive.
When the testator charges one of the heirs with a
legacy or devise, he alone shall be bound.
Should he not charge anyone in particular, all
shall be liable in the same proportion in which
they may inherit (Art. 926, NCC). All heirs
assigned by the testator must contribute
according to their proportionate heir in the estate.
If nothing was stated as to the sharing, the
contribution will be assumed by the heirs equally.
Ex: Testator asked the 3 heirs to feed the
poor with a portion of their inheritance. If the heirs
got equal inheritance, the contribution they will
give is equally assumed by all. However, if the
inheritance was divided to the 3 heirs in a ratio of
3:2:1. The contribution of such heirs will be
according to the proportion they inherited.
If two or more heirs take possession of the estate,
they shall be solidarily liable for the loss or
destruction of a thing devised or bequeathed,
even though only one of them should have been
negligent (Art. 927, NCC).
The heir who is bound to deliver the legacy or
devise shall be liable in case of eviction, if the
thing is indeterminate and is indicated only by its
kind (Art. 928, NCC). If the thing delivered to the
legatee or devisee is not the property of the
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testator, such thing will be replaced by other
indeterminate things that are part of the estate.
If the testator, heir, or legatee owns only a part of,
or an interest in the thing bequeathed, the legacy
or devise shall be understood limited to such part
or interest, unless the testator expressly declares
that he gives the thing in its entirety (Art. 929,
NCC).Rules on co-ownership will apply.
The legacy or devise of a thing belonging to
another person is void, if the testator erroneously
believed that the thing pertained to him. But if the
thing bequeathed, though not belonging to the
testator when he made the will, afterwards
becomes his, by whatever title, the disposition
shall take effect (Art. 930, NCC). When the thing
bequeathed was not part of the testator’s estate,
such disposition is void. It will only become valid
if such property belongs to the testator.
A testator may state on his will an obligation to
acquire a property not belonging to him be
bequeathed to a legatee or devisee. The executor
will be the one to acquire the said property. If the
owner refuses to sell the property or demands for
an excessive price, the estate will then give the
legatee or devisee the just value of the property
(See Art. 931, NCC).
If the testator orders that a thing belonging to
another be acquired in order that it be given to a
legatee or devisee, the heir upon whom the
obligation is imposed or the estate must acquire
it and give the same to the legatee or devisee; but
if the owner of the thing refuses to alienate the
same, or demands an excessive price therefor,
the heir or the estate shall only be obliged to give
the just value of the thing (Art. 932, NCC). Since
the legatee or devisee already owns the property,
the disposition is considered ineffective.
If the testator should bequeath or devise
something pledged or mortgaged to secure a
recoverable debt before the execution of the will,
the estate is obliged to pay the debt, unless the
contrary intention appears.
The same rule applies when the thing is pledged
or mortgaged after the execution of the will.
Any other charge, perpetual or temporary, with
which the thing bequeathed is burdened, passes
with it to the legatee or devisee (Art. 934, NCC).
Ex: I leave to Pedro a particular parcel of
land. – Before dying, the testator mortgaged the
property. When the testator dies, the estate shall
pay the mortgage to free the property from
encumbrance. However, if the testator states that
Pedro should pay it, it is Pedro who will pay the
mortgage.
Note: The legatee or devisee should get
the property not subject to any claim.
If the property inherited is subject to a burden, the
heir must accept both the burden and the
inheritance. The testator cannot just accept the
inheritance and refuse the burden.
A legacy or devise made to a creditor shall not be
applied to his credit, unless the testator so
expressly declares.
In the latter case, the creditor shall have the right
to collect the excess, if any, of the credit or of the
legacy or devise (Art. 938, NCC).
Ex: “I leave to Pedro Php 1,000,000.” The
testator has an existing debt to Pedro of Php
1,000,000. – Pedro will then get Php 2,000,000
from the estate. However, if the testator states
that the 1,000,000 is for the payment of his debt.
Pedro will only get Php 1,000,000.
If the testator orders the payment of what he
believes he owes but does not in fact owe, the
disposition shall be considered as not written. If
as regards a specified debt more than the amount
thereof is ordered paid, the excess is not due,
unless a contrary intention appears.
The foregoing provisions are without prejudice to
the fulfillment of natural obligations (Art. 939,
NCC).
In alternative legacies or devises, the choice is
presumed to be left to the heir upon whom the
obligation to give the legacy or devise may be
imposed, or the executor or administrator of the
estate if no particular heir is so obliged.
If the heir, legatee or devisee, who may have
been given the choice, dies before making it, this
right shall pass to the respective heirs.
Once made, the choice is irrevocable.
In the alternative legacies or devises, except as
herein provided, the provisions of this Code
regulating obligations of the same kind shall be
observed, save such modifications as may
appear from the intention expressed by the
testator (Art. 940, NCC). Alternative legacies – 2
or more things are bequeathed to the legatee or
devisee. The choice shall be given to the heir.
However, if the heir who has the right of choice
dies, it is heirs who will make the choice.
Note: The choice should be communicated to the
legatee or devisee to be effective, and such
becomes a simple obligation.
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A legacy for education lasts until the legatee is of
age, or beyond the age of majority in order that
the legatee may finish some professional,
vocational or general course, provided he
pursues his course diligently.
A legacy for support lasts during the lifetime of the
legatee, if the testator has not otherwise
provided.
If the testator has not fixed the amount of such
legacies, it shall be fixed in accordance with the
social standing and the circumstances of the
legatee and the value of the estate.
If the testator or during his lifetime used to give
the legatee a certain sum of money or other
things by way of support, the same amount shall
be deemed bequeathed, unless it be markedly
disproportionate to the value of the estate (Art.
944, NCC). Support in this article does not
include education.
Ex: Testator’s will: Support Maria’s education –
Maria will get money for education from the estate
until the end of her studies. However, she must
pursue her studies diligently.
Legacy for support is lifetime. On the other hand,
legacy for education is not lifetime.
If there is a provision as to how much will be given
for support or education but the estate cannot
give the said amount, the estate will provide for it
according to its ability to provide. It may be less
than what was stated in the will.
If a periodical pension, or a certain annual,
monthly, or weekly amount is bequeathed, the
legatee may petition the court for the first
installment upon the death of the testator, and for
the following ones which shall be due at the
beginning of each period; such payment shall not
be returned, even though the legatee should die
before the expiration of the period which has
commenced (Art. 945, NCC). Same as provided
in the family code, you can never get back what
was given.
If the thing bequeathed should be subject to a
usufruct, the legatee or devisee shall respect
such right until it is legally extinguished (Art. 946,
NCC). If property subject of usufruct is
consumable, replace the thing with the same kind
and quality.
Legacies and Devises which are determinate are
transmitted to the heirs from the moment of death
of the testator, including its fruits. Except for the
income which was already due and unpaid before
the testator’s death. (Similar as to the earlier
provision)
However, if the thing is indeterminate, the testator
must expressly state that fruits and interests will
pertain to the legatee or devisee. It is only the
thing inherited who shall automatically pertain to
the legatee or devisee.
From the moment of the testator's death, the thing
bequeathed shall be at the risk of the legatee or
devisee, who shall, therefore, bear its loss or
deterioration, and shall be benefited by its
increase or improvement, without prejudice to the
responsibility of the executor or administrator
(Art. 948, NCC).
Order of Preference - If the estate should not be
sufficient to cover all the legacies or devises, their
payment shall be made in the following order:
1. Remuneratory legacies or devises – one
given in consideration of a past service
which does not have a claim on the
estate; Ex: someone you have “utang na
loob” – Testator left Php 5,000,000 for
the remuneratory legatee
Net estate = Php 5,000,001
The Php 5,000,000 will be given
to the remuneratory legatee. The
remaining Php 1 will be shared to the
other heirs.
2. Legacies or devises declared by the
testator to be preferential;
3. Legacies for support;
4. Legacies for education;
5. Legacies or devises of a specific,
determinate thing which forms a part of
the estate;
6. All others pro rata.
The thing bequeathed shall be delivered with all
its accessories and accessories and in the
condition in which it may be upon the death of the
testator (Art. 951, NCC).
The heir, charged with a legacy or devise, or the
executor or administrator of the estate, must
deliver the very thing bequeathed if he is able to
do so and cannot discharge this obligation by
paying its value.
Legacies of money must be paid in cash, even
though the heir or the estate may not have any.
The expenses necessary for the delivery of the
thing bequeathed shall be for the account of the
heir or the estate, but without prejudice to the
legitime (Art. 952, NCC). The heir who is charged
to deliver cannot replace the thing by cash. If the
estate has no more money, the administrator
must sell properties which are not bequeathed to
others to get cash for the legacies of money.
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The legatee or devisee cannot take possession
of the thing bequeathed upon his own authority,
but shall request its delivery and possession of
the heir charged with the legacy or devise, or of
the executor or administrator of the estate should
he be authorized by the court to deliver it (Art.
953, NCC). It is only the rights of ownership that
are transferred upon death. The heir must await
the settlement of liabilities first because the thing
bequeathed to him may still be used to pay up the
creditors of the estate.
Note: Creditors are preferred over a legitime.
Legacy or Devise with a burden:
1. Accept both inheritance and burden; or
2. Reject both inheritance and burden.
Note: The legatee or devisee cannot
accept the inheritance then reject the
burden.
If the legatee or devisee dies before having
accepted the legacy or devise, the choice now to
accept or reject will be given to the legatee or
devisee’s heirs.
Note: If the legatee or devisee renounces the
property, his heirs will inherit nothing because he
is a voluntary heir. The property now will form part
of the intestate estate of the decedent.
The legatee or devisee of two legacies or
devises, one of which is onerous, cannot
renounce the onerous one and accept the other.
If both are onerous or gratuitous, he shall be free
to accept or renounce both, or to renounce either.
But if the testator intended that the two legacies
or devises should be inseparable from each
other, the legatee or devisee must either accept
or renounce both.
Any compulsory heir who is at the same time a
legatee or devisee may waive the inheritance and
accept the legacy or devise, or renounce the
latter and accept the former, or waive or accept
both (Art. 955, NCC).
Ex: A legitimate child is given a legacy besides
the legitime. The child can accept the legacy only
and reject the legitime, or accept the legitime and
reject the legacy, or accept both, or reject both.
If the legatee or devisee cannot or is unwilling to
accept the legacy or devise, or if the legacy or
devise for any reason should become ineffective,
it shall be merged into the mass of the estate,
except in cases of substitution and of the right of
accretion (Art. 956, NCC). If there is substitution,
the property will go to the substitute. If there is no
substitute, the property will be part of the intestate
estate.
Right of Accretion: Ex: A, B and C inherits
Php300,000. However, C is incapacitated to
inherit. Therefore, the Php100,000 for C will be
divided between A and B, Php50,000 each.
Right of accretion only applies if there are several
heirs who will receive from a common
inheritance.
The legacy or devise shall be without effect:
1. If the testator transforms the thing
bequeathed in such a manner that it does
not retain either the form or the
denomination it had;
2. If the testator by any title or for any cause
alienates the thing bequeathed or any
part thereof, it being understood that in
the latter case the legacy or devise shall
be without effect only with respect to the
part thus alienated. If after the alienation
the thing should again belong to the
testator, even if it be by reason of nullity
of the contract, the legacy or devise shall
not thereafter be valid, unless the
reacquisition shall have been effected by
virtue of the exercise of the right of
repurchase;
3. If the thing bequeathed is totally lost
during the lifetime of the testator, or after
his death without the heir's fault.
Nevertheless, the person obliged to pay
the legacy or devise shall be liable for
eviction if the thing bequeathed should
not have been determinate as to its kind.
The things now sold or transformed or given to
others does not form part of the estate anymore.
Therefore, the legatee or devisee inherits
nothing.
Note: Testator can only give what he owns.
A mistake as to the name of the thing bequeathed
or devised, is of no consequence, if it is possible
to identify the thing which the testator intended to
bequeath or devise (Art. 958, NCC).
Ex: In the testator’s will: I leave to A my Mercedes
Benz with plate number AAA 111. However, the
Mercedes Benz is not with that plate number, but
it is the Toyota Vios which has the said plate
number. Therefore, the legatee will inherit the
Toyota Vios because the plate number better
describes the property to be inherited.
A disposition made in general terms in favor of
the testator's relatives shall be understood to be
in favor of those nearest in degree (Art. 959,
NCC).
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Note: In legal succession, take note the rules on
legitime.
Legal or intestate succession takes place:
1. If a person dies without a will, or with a
void will, or one which has subsequently
lost its validity;
2. When the will does not institute an heir
to, or dispose of all the property
belonging to the testator. In such case,
legal succession shall take place only
with respect to the property of which the
testator has not disposed;
3. If the suspensive condition attached to
the institution of heir does not happen or
is not fulfilled, or if the heir dies before the
testator, or repudiates the inheritance,
there being no substitution, and no right
of accretion takes place;
4. When the heir instituted is incapable of
succeeding.
Note: The rules in intestacy are the presumed will
of the decedent.
The rules in intestacy are almost identical in the
rules on legitime.
The rules are as follows:
1. Legitimate children and descendants;
2. Legitimate parents and ascendants
3. Surviving spouse
4. Illegitimate children and descendants
5. Brothers, sisters, nephews and nieces
6. Other collateral relatives (up to 5th
degree)
7. State
Note: Rules on legitime is applicable also in
intestate succession. Compulsory heirs are still
entitled to legitime and it cannot be deprived or
impaired except for cases of illegitimate children.
The rules on intestacy are applicable to the
disposable free portion not disposed in a will.
- After giving the legitime, the remaining
will be distributed in accordance with the
rules on intestacy.
Illustration: (What happens after legitime is given)
1. Surviving spouse with 2 legitimate
children - Disposable free portion will be
divided by 3
2. Spouse, 2 legitimate children and 1
illegitimate children – disposable free
portion will not be divided equally – the
spouse will get an equal share as the
legitimate child and the illegitimate child
gets half of the legitimate child. For the
division of share in the disposable free
portion (DFP): a legitimate child will be
represented by 2, a surviving spouse will
also be represented by 2 while the
illegitimate child will be represented by 1.
Therefore:
a. 1st Legitimate child = 2
b. 2nd legitimate child = 2
c. Spouse = 2
d. Illegitimate child = 1
Total = 7
Then proportionately distribute
the dfp: For the spouse and
legitimate children, 2/7 each. For
the illegitimate child, 1/7.
3. Spouse, 3 legitimate child, 1 illegitimate
child:
a. 1st legitimate child = 2
b. 2nd legitimate child = 2
c. 3rd legitimate child = 2
d. Spouse = 2
e. Illegitimate child = 1
Total = 9
Then proportionately distribute
the dfp: Spouse and legitimate
children 2/9 each. Illegitimate
child 1/9 of the dfp.
If there is any direct line, either ascending or
descending, the collateral relative will not inherit.
Collateral relatives – no direct relation, but a
relative by blood, e.g. brother, aunt, uncle,
nephew, etc…
Note: Only relatives up to 5 degrees will
inherit in the collateral line. In the direct line, there
is no limit.
In the absence of collateral relatives, the state will
inherit. The following are the rules when the state
inherits:
A. Real property - The property will go
to the City or Municipality where it is
located.
B. Personal property – The property will
go to the city or municipality where
the decedent last resided (legal
residence).
Proximity of relationship is determined by the
number of generations. Each generation forms a
degree (Art. 963, NCC). In counting the collateral
line, count up until the common ancestor then
count down.
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In every inheritance, the relative nearest in
degree excludes the more distant ones, saving
the right of representation when it properly takes
place.
Relatives in the same degree shall inherit in equal
shares, with respect to relatives of the full and half
blood, and concerning division between the
paternal and maternal lines (Art. 963, NCC).
The exception to the rule of nearer excludes the
farther is right of representation. Representation
is a right created by fiction of law, by virtue of
which the representative is raised to the place
and the degree of the person represented, and
acquires the rights which the latter would have if
he were living or if he could have inherited. A
descendant who is farther may inherit from the
decedent when an ascendant by the reason of
the following cannot inherit in their own right:
1. Predeceased
2. Disinheritance
3. Incapacity
Sharing of heirs in their own right – per capita;
divided equally among them
Heirs inheriting by right of representation; their
sharing is per stirpes – they will only divide
among themselves the inheritance that should
have been received by their ascendant who
cannot inherit. They cannot inherit more than the
person they are representing.
A series of degrees forms a line, which may be
either direct or collateral.
A direct line is that constituted by the series of
degrees among ascendants and descendants.
A collateral line is that constituted by the series of
degrees among persons who are not ascendants
and descendants, but who come from a common
ancestor (Art. 964, NCC).
The direct line is either descending or ascending.
The former unites the head of the family with
those who descend from him.
The latter binds a person with those from whom
he descends (Art. 965, NCC).
In the line, as many degrees are counted as there
are generations or persons, excluding the
progenitor.
In the direct line, ascent is made to the common
ancestor. Thus, the child is one degree removed
from the parent, two from the grandfather, and
three from the great-grandparent.
In the collateral line, ascent is made to the
common ancestor and then descent is made to
the person with whom the computation is to be
made. Thus, a person is two degrees removed
from his brother, three from his uncle, who is the
brother of his father, four from his first cousin, and
so forth (Art. 966, NCC). Tip: Create a family tree.
Full blood relationship is that existing between
persons who have the same father and the same
mother. Both parents are common
Half blood relationship is that existing between
persons who have the same father, but not the
same mother, or the same mother, but not the
same father. Only one parent is common.
Note: Not all half blood relationship are
illegitimate.
If there are several relatives of the same degree,
and one or some of them are unwilling or
incapacitated to succeed, his portion shall accrue
to the others of the same degree, save the right
of representation when it should take place (Art.
968, NCC). Absent the right of representation,
right of accretion will take place.
Note: Right of representation has no limit
in the descending line. There is also no right of
representation in the ascending line. However in
the collateral line, there is right of representation.
Note: The ascending line can only inherit
in their own right.
Collateral line’s right of representation takes
place only if the following happens:
1. Predeceased
2. Incapacity
Note: Right of representation for collateral line is
only up to the nephews and nieces of the
decedent. Any degree further than this, can no
longer inherit by right of representation even if
they are within the 5th degree.
If the inheritance should be repudiated by the
nearest relative, should there be one only, or by
all the nearest relatives called by law to succeed,
should there be several, those of the following
degree shall inherit in their own right and cannot
represent the person or persons repudiating the
inheritance (Art. 969, NCC).
Heirs who repudiate their share may not be
represented (Art. 977, NCC).
A person may represent him whose inheritance
he has renounced (Art. 976, NCC).
Illustration: A, Grandfather; B, father; C, son
1. 977 – If B repudiates his inheritance
to A, C cannot represent him to get
B’s inheritance.
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2. 976 – If C repudiates his inheritance
to B, he may still inherit from A.
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,
NCC).
The right of representation takes place in the
direct descending line, but never in the
ascending.
In the collateral line, it takes place only in favor of
the children of brothers or sisters, whether they
be of the full or half blood (Art. 972, NCC).
In order that representation may take place, it is
necessary that the representative himself be
capable of succeeding the decedent (Art. 973,
NCC).
When children of one or more brothers or sisters
of the deceased survive, they shall inherit from
the latter by representation, if they survive with
their uncles or aunts. But if they alone survive,
they shall inherit in equal portions (Art. 975,
NCC). If the nephews and nieces survived with
living aunts, they will only get the inheritance
subject to the right of the person they are
inheriting. However, if they are all nephews and
nieces, the division now will be per capita, which
means they are to receive equally, because they
are all in the same degree inheriting in their own
right.
Succession pertains, in the first place, to the
descending direct line (Art. 978, NCC).
Legitimate children and their descendants
succeed the parents and other ascendants,
without distinction as to sex or age, and even if
they should come from different marriages.
An adopted child succeeds to the property of the
adopting parents in the same manner as a
legitimate child (Art. 979, NCC). If the adopted
child wants his biological brothers and sisters to
inherit, he must make a will.
Should children of the deceased and
descendants of other children who are dead,
survive, the former shall inherit in their own right,
and the latter by right of representation (Art. 981,
NCC).
The grandchildren and other descendants shall
inherit by right of representation, and if any one
of them should have died, leaving several heirs,
the portion pertaining to him shall be divided
among the latter in equal portions (Art. 982,
NCC). If a grandchildren passes away with heirs,
the inheritance will be divided per stirpes. Right
of representation takes place. But if all
grandchildren are still alive, they will inherit
equally.
Note: If all are of same degree, they will
inherit equally.
The inheritance of an illegitimate child is one half
of the legitimate child.
According to the adoption law, the ties between
the adopted child and biological parents are
severed, therefore, they can only inherit by
reason of a will.
In default of legitimate children and descendants
of the deceased, his parents and ascendants
shall inherit from him, to the exclusion of collateral
relatives (Art. 985, NCC). Note: If there is
someone still alive from the direct line, whether
legitimate or illegitimate, the collateral relative will
not inherit.
In default of the father and mother, the
ascendants nearest in degree shall inherit.
Should there be more than one of equal degree
belonging to the same line they shall divide the
inheritance per capita; should they be of different
lines but of equal degree, one-half shall go to the
paternal and the other half to the maternal
ascendants. In each line the division shall be
made per capita (Art. 987, NCC). It is the same
as the rule on legitime.
In the absence of legitimate descendants or
ascendants, the illegitimate children shall
succeed to the entire estate of the deceased (Art.
988, NCC).
If, together with illegitimate children, there should
survive descendants of another illegitimate child
who is dead, the former shall succeed in their own
right and the latter by right of representation (Art.
989, NCC).
The hereditary rights granted by the two
preceding articles to illegitimate children shall be
transmitted upon their death to their descendants,
who shall inherit by right of representation from
their deceased grandparent (Art. 990, NCC).
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Illegitimate descendants also enjoys the right of
representation.
An illegitimate child has no right to inherit ab
intestato from the legitimate children and relatives
of his father or mother; nor shall such children or
relatives inherit in the same manner from the
illegitimate child (Art. 992, NCC). This is the
barrier between legitimate and illegitimate. For
the illegitimate child to inherit, there must be a
will; and vice versa.
Ex:
A children, such widow or widower shall be entitled
B C (illeg)
D E(ill) F G(illeg)
C, E and G are illegitimate. If B and C
predecease A, E cannot represent his father, B.
However, both F and G may represent their
father, C.
If an illegitimate child should die without issue,
either legitimate or illegitimate, his father or
mother shall succeed to his entire estate; and if
the child's filiation is duly proved as to both
parents, who are both living, they shall inherit
from him share and share alike (Art. 993, NCC).
Illegitimate parent will inherit.
In default of the father or mother, an illegitimate
child shall be succeeded by his or her surviving
spouse who shall be entitled to the entire estate.
If the widow or widower should survive with
brothers and sisters, nephews and nieces, she or
he shall inherit one-half of the estate, and the
latter the other half (Art. 994, NCC).
In the absence of legitimate descendants and
ascendants, and illegitimate children and their
descendants, whether legitimate or illegitimate,
the surviving spouse shall inherit the entire
estate, without prejudice to the rights of brothers
and sisters, nephews and nieces (Art. 995, NCC).
Should brothers and sisters or their children
survive with the widow or widower, the latter shall
be entitled to one-half of the inheritance and the
brothers and sisters or their children to the other
half (Art. 1001, NCC). Right of representation
may take place.
Ex: Testator has 3 siblings and spouse. Give the
legitime of the spouse first which is ½ of the
estate. Then the remaining half will be divided to
the siblings and the spouse; spouse getting ¼;
siblings will divide the remaining ¼ to themselves.
The inheritance of the spouse is the same as the
inheritance of a legitimate child. Even if there is
no more children alive, but only grandchild, the
share will still be the same as a legitimate child.
When the widow or widower survives with
legitimate parents or ascendants, the surviving
spouse shall be entitled to one-half of the estate,
and the legitimate parents or ascendants to the
other half (Art. 997, NCC).
If a widow or widower survives with illegitimate
to one-half of the inheritance, and the illegitimate
children or their descendants, whether legitimate
or illegitimate, to the other half (Art. 998, NCC).
If legitimate ascendants, the surviving spouse,
and illegitimate children are left, the ascendants
shall be entitled to one-half of the inheritance, and
the other half shall be divided between the
surviving spouse and the illegitimate children so
that such widow or widower shall have one-fourth
of the estate, and the illegitimate children the
other fourth (Art. 1000, NCC). The same as the
legitime.
In case of a legal separation, if the surviving
spouse gave cause for the separation, he or she
shall not have any of the rights granted in the
preceding articles (Art. 1002, NCC). The
offender, will be disqualified to inherit to the
offednded party, but the offended party may still
inherit from the offender.
The collateral relatives will only inherit the entire
estate if there are no descendants or ascendants,
illegitimate children or a surviving spouse.
Note: The spouse is always the concurring heir to
all; ascendants, descendants or collateral
relative, except to the state.
Should the only survivors be brothers and sisters
of the full blood, they shall inherit in equal shares
(Art. 1004, NCC).
Should brothers and sisters survive together with
nephews and nieces, who are the children of the
descendant's brothers and sisters of the full
blood, the former shall inherit per capita, and the
latter per stirpes (Art. 1005, NCC). The nephews
and nieces inherits per stirpes, because they are
only inheriting by right of representation.
Should brother and sisters of the full blood
survive together with brothers and sisters of the
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half blood, the former shall be entitled to a share

double that of the latter. (Art. 1006, NCC). The
half blood will only get half of what the full blood
will get. If all are half blood, they will all get equal
shares.

Children of brothers and sisters of the half blood

shall succeed per capita or per stirpes, in
accordance with the rules laid down for brothers
and sisters of the full blood (Art. 1008, NCC).
In this case, for purposes of computation,
assign 2 for full blood siblings, assign 1 for half
blood siblings. Then apportion the following
accordingly.

Should there be neither brothers nor sisters nor

children of brothers or sisters, the other collateral
relatives shall succeed to the estate.
The latter shall succeed without distinction of
lines or preference among them by reason of
relationship by the whole blood (Art. 1009, NCC).
Apply the rule nearer excludes the farther. Note:
Only up to 5th degree.

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