Civil Law (Wills and Succession)

Question 1

When and how is the right to succeed a deceased person acquired?

Answer 1

The right to the succession is transmitted from the moment of the death of the decedent (Civil Code of the Philippines Article 777; Quizon v. Villanueva, L-3932, February 29, 1962) through testamentary, intestate, or mixed succession. (Civil Code of the Philippines Article 777)

Question 2

In T’s will, A was given a house, effective immediately.

(a) Is this a disposition by virtue of a will?

(b) Is A entitled to get the house now?

(c) How will the house be disposed of?

Answer 2

(a) No, since it is supposed to take effect immediately. There was, therefore, no animus testandi insofar as this provision is concerned.

(b) No, unless he signifies his acceptance, in the form prescribed by law for donations, and unless the instrument be notarized as a public instrument. (Civil Code of the Philippines Article 749)

(c) In accordance with the rules on legal succession, in case the donation is not effective. (Civil Code of the Philippines Article 960)

Question 3

Distinguish between testamentary power and testamentary capacity.

Answer 3

(a)
(1) Testamentary power is the statutory right to dispose of property by acts effective mortis causa (a right given usually as a consequence of ownership and respect for family relations).
(2) Testamentary capacity as used in the New Civil Code is the right to make a will provided certain conditions are complied with; namely that:
(i) the testator is not prohibited by law to make a will (Civil Code of the Philippines Article 796);
(ii) the testator is at least 18 years of age (Civil Code of the Philippines Article 797); and that
(iii) the testator be of “sound mind” at the time of the execution of the will (Civil Code of the Philippines Article 798), “soundedness of mind” being present when the testator knows the NATURE of the estate to be disposed of, the PROPER OBJECTS of his BOUNTY, and the character of the TESTAMENTARY ACT. (Civil Code of the Philippines Article 799)

(b) Testamentary capacity is the ability of one to make a will, while testamentary power is the privilege granted by the law to someone to make a will. Hence, in some common law countries, while convicts may have testamentary capacity, they are denied testamentary power, that is, they are not allowed to make a will. (57 Am. Jur. Wills, Sec. 71) In the Philippines, however, convicts have both testamentary capacity and power, unless otherwise disqualified.

Question 4

If the testator should institute all his brother or sisters as his heirs, and he has some of the full blood and others of the half-blood on the side of the father or mother only, how is the inheritance to be distributed among them?

Answer 4

Equally, by express provision of the law. (Civil Code of the Philippines Article 808)

Question 5

I instituted the following as my heirs:
A - my full-brother
B - my half-brother
C - my step-brother
D - my brother-in-law
E - my illegitimate brother (illegitimate child of my father.

How much will each get if the estate is Php 100,000.00?

Answer 5

*Each gets Php 20,000.00 (same share). While the law mentions only the full and the half-brother, it is evident that the others may be considered in the same category as strangers, making Civil Code of the Philippines Article 846 applicable.

*Had this been a case of legal succession, only the full and the half brothers would inherit (the others not being legal heirs), hence, the full brother gets Php 66,666.++, and the half-brother gets Php 33,333.++.