1 |DIXIE MAE P.

JULVE –LAWS ON SUCCESSION NOTES

 The human corpse is not a part of

CHAPTER 1 property and is therefore not part
GENERAL PROVISIONS of the estate.
 The properties NOT
774 BELONGING to the estate must
be excluded (Di kasali). For they
IMPORTANT ELEMENTS are not part of the inheritance
- Mode of acquisition (Ownership) RIGHTS EXTINGUISHED BY
- Transfer of PROPERTY, RIGHTS DEATH
and OBLIGATIONS to the extent
of the value of the inheritance.  Family rights, marital and
- Transmission through DEATH parental authority. Support,
and not during life action for legal separation,
- Transmission to another partnership, agency, life annuity
- By will or by operation of law  Acknowledgement recognition of
natural child
 Right to hold public or private
office or job
775
RIGHTS NOT EXTINGUISHED BY
Testator- If the decedent left a will DEATH AND IHERITABLE
Intestate- if the decedent left no will  Right to continue action for
forcible entry or unlawful detainer
 Right to compel execution of a
776 document necessary for
convenience PROVIDED that the
INHERITANCE SUCCESSION contract is VALID AND
Property or right Manner by virtue ENFORCEABLE under the
acquired of which the Statue of Frauds
property right is  Right to continue a lease contract
acquired either as lessor or lessee unless
ADMINISTRATIO SUCCESSION
otherwise provided in the
N
contract.
Dealing with a The transfer of
deceased person’s the property to  Property right in an insurance
property according the company vested with interest is
to law beneficiaries. transmittable by hereditary
succession unless terms of the
policy it is otherwise provided.
Note:
GN: Obligations are transmissible
 ownership is transferred from the
moment of the death. EXPN: purely personal rights or non-
transferable by law or contract.
2 |DIXIE MAE P. JULVE –LAWS ON SUCCESSION NOTES

Q: A father sold a parcel of land to Bound ba si Apo to pay the debt, or

a buyer but not yet delivered by Lolo’s estate answer, or will no one be
the time of his death. Are heirs held responsible?
required to make a delivery?
Held: Neither Lolo’s estate nor Apo is
A: Yes. The heirs also inherit liable for neither the contracted debt, nor
obligations of the deceased which is may be it said that Apo is inheriting from
not extinguished by his death Anak. Apo in the present case is
inheriting only from lolo. Therefore, the
Note: A creditor of an HEIR who is
creditor-debtor must shoulder the loss to
not a creditor of the Deceased who
Bumbay.
intervenes the estate proceeding
cannot ask the court to sell the WHEN JUDICIAL ADMINISTRATION
properties which is the HEIR- IS NOT ESSENTIAL
DEBTOR expects to receive. THE
- When the deceased left NO
DEBTS OF THE DECEASED MUST
pending obligations. To compel
BE FIRST PAID. Then only then can
the submission of the property
we determine if there is sufficient
inherited to judicial administration
residue left for the heirs or for the
is unnecessary or superfluous.
Heir’s creditor.
CASES TO TAKE NOTE: 777
1. NACAR VS NISTAL 778
“A person has no obligation to pay for
the debts of his stepfather” 779
2. ANDERSON VS PARKINS 780
Determine first the owned property of
781
the deceased. Next, the conjugal
properties. If the spouse still surviving,
782
let the spouse decide what to be sold
on.
Any sale that is lack of requirement is a CHAPTER 2
premature sale. Hence, the court must I. WILLS IN GENERAL
not grant permission.
783
3. LEDESMA VS MCLACHLIN
Lolo Has a child Anak who has a child - Making of a will is a statutory
Apo. Anak indebted to bumbay, but dies right
before he pays the same. Lolo then *MEANING OF WILL IS ON CODAL.*
died, leaving Apo as heir. In Lolo’s
intestate proceeding, Bumbay presents WILL IS:
his credits and claims
3 |DIXIE MAE P. JULVE –LAWS ON SUCCESSION NOTES

1. The testator is speaking after witnesses or copying by the testator in

death. his own handwriting .
2. It is a unilateral act. Premature
NOTE: in making a will it is advisable to
acceptance is useless.
employ an Attorney to draft a will and is
3. It is a solemn or formal act
present at the times of its execution,
4. Animus testandi or intent to make
there is a strong presumption that the
a will
will was regularly made.
5. The testator is capacitated to
make a will.
6. The will is strictly personal act in
all matters that are essential 785
7. It is effective mortis causa it
DISCRETION OF THE PERSON:
produces effects only after the
death of the testator. Thus it is Making a will is strictly a personal Act.
ambulatory So the testator Chooks to Go cannot
8. It is essentially revocable or say “I will give my properties to Andok’s
ambulatory as long as my friend Baliwag allows” it
9. It is free from vitiated consent. It will be tantamount to illegal delegation
must been executed freely, of testamentary power.
knowingly and voluntary,
otherwise it will be disallowed.
10. It is an individual act
786
11. It disposes the testator’s estate
in accordance to his wishes to a What may entrust to third person?
certain degree only because
legitimes are reserved to Distribution of specific property or sums
compulsory heirs of money that he may leave

LAST WILL TESTAMENT Who may be entrusted?

Disposes REAL Disposes SPECIFIED CLASSES
PROPERTY PERSONAL
PROPERTY Example: The senior lawyers in the
Cajun Rice Law firm; First top 10
mukbang winners.
784
SPECIFIED CAUSES
MAKING OF A WILL IS STRICTLY
Example: Charitable Institutions.
PERSONAL ACT. However,
MECHANICAL ACT of drafting may be
entrusted to another AS LONG AS THE
DISPOSITION ITSELF EXPRESSES 787
THE TESTATOR’S DESIRE AND ALL
NON- DETERMINATION BY THIRD
FORMALITIES ARE COMPLIED WITH.
PERSON
Such as signing by the testator and the
4 |DIXIE MAE P. JULVE –LAWS ON SUCCESSION NOTES

- Only to strength the rule that NOTE: Extrinsic evidence taken from
making a will is personal act the alleged ORAL declarations of the
testator should NOT be allowed, as this
can be result to fraud, confusion and
788 unfairness to the dead man whose
words may be distorted or perjured.
POSSIBLE DIFFERENT
PATENT OR EXTRINSIC AMBIGUITY
INTERPRETATIONS:
- Appears on the face of the will
1. Similar to the rule in the
itself; by examining the provision
interpretation of laws or contracts
itself, it is evident that it is not
2. The reason is that testate
clear.
succession, provided the will is
VALID is preferred to intestacy Example: Binanggit ni testator “I
3. The provision applies only in hereby give my property located at to
case of DOUBT. If no DOUBT Some of my ten brothers”
exists, and the disposition is
It is evident here that we do not
clearly illegal the same should
know how many brothers are being
not be given effect.
instituted
The intention or desire of the
NOTE: Sa extrinsic validity ang
testator is clearly expressed in the
intention ng testator is to be
will, constitute the fixed law of its
ascertained. BUT, if after everything
interpretation.
has been done, the doubt still
remains, WALA MAKAKAKUHA SA
MAGKAKAPATID because the will is
789 still considered unknown
KINDS OF AMBIGUITY HOW IT MAY BE CURED?
LATENT OR INTRINSIC AMBIGUITY BY EXAMINING
- Does not appear on the face of 1. The will itself
the will and is discovered only by 2. Extrinsic evidence such as
extrinsic evidence. written declarations of the
- No person or property exactly testator.
answers the description 3. Get the intention from the words
of the will
HOW IT MAY CURED?
4. The circumstances under which
BY EXAMINING the will was made. (Allowing
extrinsic evidence also, like
1. The will itself
written declarations of the
2. Extrinsic evidence such as
testator but disallowing oral
written declarations of the
declarations.)
testator.
5 |DIXIE MAE P. JULVE –LAWS ON SUCCESSION NOTES

of the will should be replace the

intestate proceedings.
790
ORDINARY WORDS HAVE THEIR
ORDINARY MEANINGS 792
EXCEPTION: If there is clear intention EFFECT OF INVALID DISPOSITIONS
that another meaning was used
1. Even if one disposition or
PROVIDED that the other meaning can
provision is invalid, it does not
be determined
necessarily follow that all others
TECHNICAL WORDS HAVE are also invalid
TECHNICAL MEANINGS 2. The exception occurs when the
various dispositions are
EXECEPTIONS:
INDIVISIBLE in intent or nature
1. If there is a contrary to the
intention
2. If it appears that the will drafted 793
by testator ALONE who did not
KNOW THE TECHNICAL AFTER ACQUIRED PROPERTIES
MEANING
What are given by the will are only those
properties already possessed and
owned by the testator at the time the will
791 was made, NOT THOSE AFTER
ACQUIRED PROPERTIES. (mga
INTERPRETATION AS A WHOLE
properties na nakuha pagkatapos gawin
1. The will must be interpreted as a ang will)
whole
EXCEPTIONS : (ito yung mga
2. While testacy is preferred over
instances kelan ibibigay ang after
intestacy, this is true only if the
acquired properties)
will has been validly made
1. If it expressly appears in the will
PRIORITY OR PREFERENCE OF
that it was the intention to give
TESTATE OVER INTESTATE
such after-acquired properties.
PROCEEDINGS
Example: Binibigay ko lahat lahat ng
1. Testate proceedings take
kotse ko kay Mang Kanor after ko
precedence over intestate
mamatay.
proceedings for the same
purpose 2. If the will is REPUBLISHED or
2. If in course of intestate MODIFIED by subsequent will or
proceedings pending before the codicil
RTC, it is found that the decedent
left a will, proceedings for probate
6 |DIXIE MAE P. JULVE –LAWS ON SUCCESSION NOTES

Example: Si Mang Kanor nag issue will B. If Ayun ay nangutang kay Ganern
in 2010 disposing all of his 10 cars to ng dagdag 600,000 bukod sa 1M
Layla Ji. In 2013 Mang kanor purchased which represents the total credit
3 cars. In 2014 Mang kanor made a 1,600,000 pesos tapos 1M lang
codicil disposing other cars that he ang credit nung ginawa ng will,
purchased to Layla Ji. If in Mang Kanor magkano ang makukuha ni
died in 2016 with 13 cars purchased in Ganire?
2013-2014, how many cars will Layla Ji
1M only. Since the 600,000 will be
will inherit?
after acquired property. Article 935
Layla Ji will inherit 13 cars because it cannot apply because said Article
is if the will is made in 2014. contemplates a credid that is
REDUCED, not INCREASED.
Important Note: The after acquired
properties will not be given unless the LEGACY OF REMISSION
contratry intention had been expressed
A. Yanyan is the creditor of Sanggi
3. If the time the testator made the to the amount of 1 million Yanyan
will he erroneously thought that made a will in 2005 remitting or
he owned certain properties, the waiving Sanggi’s debt. Sanggi
gift of the said properties WILL doesn’t know of the provision of
NOT BE VALID UNLESS after the will and pays 600,000 pesos
making a will, the said will to Yanyan how much is the
belong to him legacy of remission if Yanyan
4. Legacies of credit or remission dies?
are effective only as regards that
Only the 400,000 because this is the
part if the credit or debt existing
debt still remaining at the time of
at the time of the death of
Yanyan’s death, including interests
testator.
due
SITUATIONS:
Note: It is important to know how much
LEGACY OF CREDIT is the exact legacy in order to determine
whether or not it is in officious or impairs
A. Ayun ay nangutang kay Ganern
the legitime.
ng isang milyon. Ganern made a
will giving this credit to Ganire. If 794
by 2016, at Ganern’s death Ayun
paid already 600,000 pesos to GN: The entire interest of the testator in
Ganern, How much Ganire will the property is given not more not less
get?
Exceptions:
Only the remaining 400,000
pesos which still exist at 1. He convey a lesser interest if
Ganern’s death. such intent clearly appears in the
will.
7 |DIXIE MAE P. JULVE –LAWS ON SUCCESSION NOTES

2. He can convey a greater interest country where he executes the

thus law provides if the testator will
owns only a part of , or an b. If ALIEN, who us abroad he can
interest in the thing bequeathed, follow the law of his domicile or
the legacy or devise shall be his nationality or Philippine laws
understood limited to such part or or where he executes the will
interest, UNLESS the testator c. If ALIEN in the Philippines he can
expressly declares that he gives follow the law of his nationality or
the thing in its entirety. laws of the Philippines since he
3. He can convey property which he executes the will here
very well know does not belong
INTRINSIC VALIDITY
to him provided that it is also
does not belong to the legatee or From the viewpoint of TIME:
devisee. successional rights are governed by
the law in force at the time of
DECEDENT’S DEATH
795.
Kinds of validity with respect to wills From the viewpoint of PLACE or
COUNTRY:
1. Extrinsic validity
- Refers to forms and solemnities National law of the decedent that is
needed. May be seen also from the law of the country or nationality
two viewpoints, the viewpoint of
TIME and viewpoint of PLACE.
2. Intrinsic Validity
II. TESTAMENTARY
- Refers to legality of the
provisions in an instrument, CAPACITY AND
contract or will. INTENT
General ules of Validity
796
EXTRINSIC VALIDITY
WHO CAN MAKE A WILLS?
From the viewpoint of TIME: observe
mo yung force of time na ginawa ang A. He is CAPACITATED to make a
will . (LEX LOCI CELEBRATIONIS will
B. 18 years old or over
C. Soundness of mind at the time
From the viewpoint of PLACE or the will is made
COUNTRY: DEPENDS D.

a. If filipino observe Philippine laws 797

or country that “He May be” or
798
8 |DIXIE MAE P. JULVE –LAWS ON SUCCESSION NOTES

799 IV. WITNESSES TO

WILLS
800
820
801
THE WITNESS MUST
802
1. Be sound mind
803 2. Be at least 18 years
3. Be able to read and write
III. FORMS OF WILL 4. Not be blind, deaf, or dumb
5. Be domiciled in the Philippines
804 6. Not have been CONVICTED of
Falsification of a document;
805 perjury; or False testimony
“CREDIBLE WITNESS” Does not have
806 the same meaning of Credible witness
under Naturalization Law. In wills must
807 have all the qualifications by the Civil
Code.
808
Note: The witnesses do not even have
809 to know the contents of the will.
Therefore, he does not have to
810 understand the language concerned. It
is sufficient that the same is interpreted
811 to him.

812 821

813 There are more qualifications for

witnesses than for testator
814  While blind or illiterate person
can make a will, he cannot be a
815 witness to a notarial one but can
witness a holographic will, since
816 after all, said will requires no
witnesses.
817
Requirement for Philippine Domicile:
818
1. The assurance that the witness
will be available at the time the
819
will is PRESENTED for probate
9 |DIXIE MAE P. JULVE –LAWS ON SUCCESSION NOTES

2. The likeness of personal EJ made a will in favor to ice, mae and

acquaintance with the testator. red. Mae was given a piece of land as a
devise. Therefore, she is not qualified to
RULES REGARDING CONVICTED
be a witness but qualified to receive the
WITNESSES
land (applies vice versa)
1. Falsification of a document
B. The disqualification extends to:
2. Perjury
1. The witnesses
3. False testimony
2. Spouse of the witnesses
EFFECT OF PARDON 3. Parent of the witnesses
4. Child of the witnesses
If pardon is given Man’s innocence- HE 5. Anyone claiming the right of said
CAN ACT AS WITNESS witness, spouse parent or child
If pardon is absolute pardon (Executive
Grace of Clemency) –
DISQUALIFICATION REMAINS for it 824
does not remove civil consequences. It
is still taint of mental dishonesty CREDITORS AS WITNESSESS
a. The charge referred here is a
debt of the estate or of the
822 testator
b. While a creditor who acts as
If the witness is incapacitated to testify disqualified to inherit, he is
at the time of probate, he cannot testify qualified to receive his credit,
as a witness. which after all cannot be
To be a witness in court, it is sufficient considered a gift.
that a person be possessed of organs of
perception, and perceiving can make V. CODICILS AND
know what he perceived.
INCORPORATORS
BY REFERENCE
823
825
WITNESSES CANNOT INHERIT
Codicil- supplement or addition to a will
A. Observe that the person named made after the execution of a will and
in the Article are incapacitated annexed to be taken as part whereof.
inherit, but not incapacitated as
witnesses. Hence, the part -“Latin word also means little will or little
appertaining them should be code
considered void. Codicils must be made after the will
Illustration: In cases there is a conflict between will
and codicil the codicil should be prevail
10 |DIXIE MAE P. JULVE –LAWS ON SUCCESSION NOTES

as it is being the later is being last 841

expression of the testator.
842
826
FORMALITIES OF CODICILS 843
It can be: 844
a. Notarial or ordinary codicil
b. Holographic codicil
845
c. If codicil is not executed with the
846
formalities of the will said codicil
is VOID
847
d. A valid will can never be revoked
expressly or impliedly by an
848
invalid codicil

827 849

828 850

829 851

830 852

831 853

832 854

833 855

834 856

835 857

836 858

837 859

838 860

839 861

840 862
11 |DIXIE MAE P. JULVE –LAWS ON SUCCESSION NOTES

863

864

865

866

867

868

869

870