Part 1 Flashcards
Heir
A person called to the succession either by the provision of a will or by operation of law.
Devisees or legatees
Persons to whom gifts of real and personal property are respectively given by virtue of a will
Compulsory heirs
Compulsory heirs are the persons who cannot be deprived of their inheritance regardless of the will of their decedent.
- Legitimate children and descendants, with respect to their legitimate parents and ascendants;
- In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants;
- The widow or widower;
- Acknowledged natural children, and natural children by legal fiction;
- Other illegitimate children referred to in article 287 (In all cases of illegitimate children, their filiation must be duly proved)
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.
Legitimate children
- Children born after one hundred and eighty days following the celebration of the marriage, and before three hundred days following its dissolution or the separation of the spouses shall be presumed to be legitimate.
Against this presumption no evidence shall be admitted other than that of the physical impossibility of the husband’s having access to his wife within the first one hundred and twenty days of the three hundred which preceded the birth of the child.
The child shall be presumed legitimate, although the mother may have declared against its legitimacy or may have been sentenced as an adulteress.
- Children conceived of voidable marriages before the decree of annulment shall be considered as legitimate
- A child born within one hundred eighty days following the celebration of the marriage is prima facie presumed to be legitimate. Such a child is conclusively presumed to be legitimate in any of these cases:
a. If the husband, before the marriage, knew of the pregnancy of the wife;
b. If he consented, being present, to the putting of his surname on the record of birth of the child;
c. If he expressly or tacitly recognized the child as his own.
Natural children by legal fiction
- Children conceived or born of marriages which are void from the beginning shall have the same status, rights and obligations as acknowledged natural children, and are called natural children by legal fiction
- Children conceived after annulment of voidable marriage shall have the same status, rights and obligations as acknowledged natural children, and are also called natural children by legal fiction.
Physical impossibility
Children born after one hundred and eighty days following the celebration of the marriage, and before three hundred days following its dissolution or the separation of the spouses shall be presumed to be legitimate.
Against this presumption no evidence shall be admitted other than that of the physical impossibility of the husband’s having access to his wife within the first one hundred and twenty days of the three hundred which preceded the birth of the child.
This physical impossibility may be caused:
(1) By the impotence of the husband;
(2) By the fact that the husband and wife were living separately, in such a way that access was not possible;
(3) By the serious illness of the husband.
Illegitimate children
- Should the wife commit adultery at or about the time of the conception of the child, but there was no physical impossibility of access between her and her husband as set forth in article 255, the child is prima facie presumed to be illegitimate if it appears highly improbable, for ethnic reasons, that the child is that of the husband. For the purposes of this article, the wife’s adultery need not be proved in a criminal case.
If the marriage is dissolved by the death of the husband, and the mother contracted another marriage within three hundred days following such death, these rules shall govern:
(1) A child born before one hundred eighty days after the solemnization of the subsequent marriage is disputably presumed to have been conceived during the former marriage, provided it be born within three hundred days after the death of the former husband:
(2) A child born after one hundred eighty days following the celebration of the subsequent marriage is prima facie presumed to have been conceived during such marriage, even though it be born within three hundred days after the death of the former husband.
The heirs of the husband may impugn the legitimacy of the child only in the following cases:
(1) If the husband should die before the expiration of the period fixed for bringing his action;
(2) If he should die after the filing of the complaint, without having desisted from the same;
(3) If the child was born after the death of the husband.
The action to impugn the legitimacy of the child shall be brought within one year from the recording of the birth in the Civil Register, if the husband should be in the same place, or in a proper case, any of his heirs.
If he or his heirs are absent, the period shall be eighteen months if they should reside in the Philippines; and two years if abroad. If the birth of the child has been concealed, the term shall be counted from the discovery of the fraud.
Proof of Filiation of Legitimate Children
Proved by the record of birth appearing in the Civil Register, or by an authentic document or a final judgment.
In the absence of the titles, the filiation shall be proved by the continuous possession of status of a legitimate child.
In the absence of a record of birth, authentic document, final judgment or possession of status, legitimate filiation may be proved by any other means allowed by the Rules of Court and special laws.
The action to claim his legitimacy may be brought by the child during all his lifetime, and shall be transmitted to his heirs if he should die during his minority or in a state of insanity. In these cases the heirs shall have a period of five years within which to institute the action.
The action already commenced by the child is transmitted upon his death to the heirs, if the proceeding has not yet lapsed.
Natural children
- Only natural children can be legitimated. Children born outside wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other, are natural.
- A natural child may be recognized by the father and mother jointly, or by only one of them. In case the recognition is made by only one of the parents, it shall be presumed that the child is natural, if the parent recognizing it had legal capacity to contract marriage at the time of the conception. Recognition shall be made in the record of birth, a will, a statement before a court of record, or in any authentic writing.
- In any of the following cases, the father is obliged to recognize the child as his natural child:
a. In cases of rape, abduction or seduction, when the period of the offense coincides more or less with that of the conception;
b. When the child is in continuous possession of status of a child of the alleged father by the direct acts of the latter or of his family;
c. When the child was conceived during the time when the mother cohabited with the supposed father;
d. When the child has in his favor any evidence or proof that the defendant is his father
The mother is obliged to recognize her natural child:
(1) In any of the cases referred to in the preceding article, as between the child and the mother;
(2) When the birth and the identity of the child are clearly proved.
A minor who may not contract marriage without parental consent cannot acknowledge a natural child, unless the parent or guardian approves the acknowledgment or unless the recognition is made in a will. T or F.
True.
A child who is of age cannot be recognized without his consent. T or F.
True.
When the recognition of a minor does not take place in a record of birth or in a will, judicial approval shall be necessary.
A minor can in any case impugn the recognition within four years following the attainment of his majority.
The action for the recognition of natural children may be brought only during the lifetime of the presumed parents, except in the following cases:
(1) If the father or mother died during the minority of the child, in which case the latter may file the action before the expiration of four years from the attainment of his majority;
(2) If after the death of the father or of the mother a document should appear of which nothing had been heard and in which either or both parents recognize the child.
In this case, the action must be commenced within four years from the finding of the document.
Heirs if there are no descendants, ascendants, illegitimate children, or a surviving spouse
Article 1003. If there are no descendants, ascendants, illegitimate children, or a surviving spouse, the collateral relatives shall succeed to the entire estate of the deceased in accordance with the following articles.
Article 1004. Should the only survivors be brothers and sisters of the full blood, they shall inherit in equal shares.
Article 1005. 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 (by branch).
Article 1006. Should brother and sisters of the full blood survive together with brothers and sisters of the half blood, the former shall be entitled to a share double that of the latter.
Article 1007. In case brothers and sisters of the half blood, some on the father’s and some on the mother’s side, are the only survivors, all shall inherit in equal shares without distinction as to the origin of the property.
Article 1008. 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.
Article 1009. 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.
Article 1010. The right to inherit ab intestato (from an intestate) shall not extend beyond the fifth degree of relationship in the collateral line.
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.
Ok. Art. 992
Proximity of relationship
Proximity of relationship is determined by the number of generations. Each generation forms a degree.
A series of degrees forms a line, which may be either direct or collateral. In the line, as many degrees are counted as there are generations or persons, excluding the progenitor.
Direct line
A direct line is that constituted by the series of degrees among ascendants and descendants.
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.
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.
Collateral line
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.
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.
Degrees among persons who are not ascendants or descendants but come from a common ancestor [Article 964 par3]
i. Direct and Collateral – importance of distinction: the direct is preferred over the collateral.
ii. Descending direct and Ascending direct – importance of distinction – the descending is preferred over the ascending.
Full blood relationship
Full blood relationship is that existing between persons who have the same father and the same mother.
Half blood relationship
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.
The following are incapable of succeeding by reason of unworthiness:
- Parents who have abandoned their children or induced their daughters to lead a corrupt or immoral life, or attempted against their virtue;
- Any person who has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;
- Any person who has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless;
- Any heir of full age (21) who, having knowledge of the violent death of the testator, should fail to report it to an officer of the law within a month, unless the authorities have already taken action; this prohibition shall not apply to cases wherein, according to law, there is no obligation to make an accusation;
- Any person convicted of adultery or concubinage with the spouse of the testator;
- Any person who by fraud, violence, intimidation, or undue influence should cause the testator to make a will or to change one already made;
- Any person who by the same means prevents another from making a will, or from revoking one already made, or who supplants, conceals, or alters the latter’s will;
- Any person who falsifies or forges a supposed will of the decedent.
The cause of unworthiness shall be without effect if the testator had knowledge thereof at the time he made the will, or if, having known of them subsequently, he should condone them in writing.
In order to judge the capacity of the heir, devisee or legatee, his qualification at the time of the death of the decedent shall be the criterion. In cases falling under Nos. 2, 3, or 5 of article 1032, it shall be necessary to wait until final judgment is rendered, and in the case falling under No. 4, the expiration of the month allowed for the report. If the institution, devise or legacy should be conditional, the time of the compliance with the condition shall also be considered.
Number 4 has no application because there is no obligation to accuse. There is no law that obligates to accuse. Only a civic or moral duty but not a legal duty. ?????
Numbers 6, 7 and 8 cover six (6) cases of acts relating to a will:
a. Causing the testator to make a will
b. Causing the testator to change an existing will
c. Preventing the decedent from making a will
d. Preventing the testator from revoking his will
e. Supplanting, concealing, or altering the testator’s will.
f. Falsifying or forging a supposed will of the decedent.
Capacity to succeed is governed by
the law of the nation of the decedent
What are regulated by the national law of the person whose succession is under consideration?
- order of succession
- amount of successional rights
- intrinsic validity of testamentary provisions
However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found.
In order to be capacitated to inherit, the heir, devisee or legatee must be living at the moment the succession opens, except in case of representation, when it is proper. T or F.
True.
A child already conceived at the time of the death of the decedent is capable of succeeding provided it be born later under the conditions prescribed in article 41.
1025
A child already conceived at the time of the death of the decedent is capable of succeeding provided it be born later under the conditions prescribed in article 41.
Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article.
For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the mother’s womb. However, if the foetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb.
Persons not incapacitated by law may succeed by will or ab intestato. T or F.
True.
1024
The following are incapable of succeeding due to possible influence:
1027
- The priest who heard the confession of the testator during his last illness, or the minister of the gospel who extended spiritual aid to him during the same period;
- The relatives of such priest or minister of the gospel within the fourth degree, the church, order, chapter, community, organization, or institution to which such priest or minister may belong;
- A guardian with respect to testamentary dispositions given by a ward in his favor before the final accounts of the guardianship have been approved, even if the testator should die after the approval thereof; nevertheless, any provision made by the ward in favor of the guardian when the latter is his ascendant, descendant, brother, sister, or spouse, shall be valid;
- Any attesting witness to the execution of a will, the spouse, parents, or children, or any one claiming under such witness, spouse, parents, or children;
- Any physician, surgeon, nurse, health officer or druggist who took care of the testator during his last illness;
- Individuals, associations and corporations not permitted by law to inherit.
Pars. 1-5 apply only to TESTAMENTARY Succession.
They have no application to the legitime or to intestacy.
Thus, a person may be disqualified to succeed by will
under these paragraphs but will still be entitled to a
legitime or to an intestate portion.
Par6 is misplaced because it provides for TOTAL
disqualification. It should be made a separate article.
Rationale of Pars. 1-5 – the law, in imposing a disqualification, seeks to prevent any possible abuse of the moral or spiritual ascendancy for purposes of testamentary benefit. This disqualification is peremptory. No actual duress or influence need be shown, these are conclusively presumed. Proof of absence of duress or influence is irrelevant and will not remove the disqualification.
Disqualification due to moral grounds
1028, 739
This is incapacity by reason of public morality
The prohibitions mentioned in article 739, concerning donations inter vivos shall apply to testamentary provisions.
Article 739. The following donations shall be void:
- Those made between persons who were guilty of adultery or concubinage at the time of the donation;
- Those made between persons found guilty of the same criminal offense, in consideration thereof;
- Those made to a public officer or his wife, descendants and ascendants, by reason of his office.
In the case referred to in No. 1, the action for declaration of nullity may be brought by the spouse of the donor or donee; and the guilt of the donor and donee may be proved by preponderance of evidence in the same action.
In the first, previous criminal conviction is not necessary, while in the second, it is indispensable.
Purpose is to forestall circumvention of the prohibition on donation by making them in the GUISE of testamentary disposition.
If the person excluded from the inheritance by reason of incapacity should be a child or descendant of the decedent and should have children or descendants, the latter shall acquire his right to the legitime.
The person so excluded shall not enjoy the usufruct and administration of the property thus inherited by his children.
Ok.
Alienations of hereditary property, and acts of administration performed by the excluded heir, before the judicial order of exclusion, are valid as to the third persons who acted in good faith; but the co-heirs shall have a right to recover damages from the disqualified heir.
Ok.
True even the if the disqualified heir acted in bad faith.
But Alienation before the death of testator is VOID, even the third person is good faith. The heir has absolutely no right with respect to the property and his transferee can acquire no greater right than he has.
1036
Good Faith of Transferee as Determining Factor of
Validity
- The validity of the alienation is determined by the
good faith or bad faith of the transferee, not of the
transferor [the excluded heir]
- For the transferee to be in good faith, he must have
acquired the thing for value and without knowledge
of the defect of the transferor’s title.
- Thus, a donee cannot claim the benefit of this
provision, since he did not acquire for value.
- Note that in cases of valid alienations by the disqualified heir, the rightful heirs are not without a remedy: they may go after the disqualified heir for damages.
Alienation of property
Alienation is an act whereby one man transfers the property and possession of lands, tenements, or other things, to another.
Rights of an unworthy heir excluded from succession
The unworthy heir who is excluded from the succession has a right to demand indemnity or any expenses incurred in the preservation of the hereditary property, and to enforce such credits as he may have against the estate.
1037
Demand Reimbursement - necessary expenses
Enforce credit is not part of the inheritance, and has nothing to do with heir being unworthy to succeed.
The right of reimbursement granted by this article to the excluded heir is irrespective of his bad faith because the expenses referred to in this article are necessary expenses which have to be reimbursed even to a possessor in bad faith.
Any person incapable of succession, who, disregarding the prohibition stated in the preceding articles, entered into the possession of the hereditary property, shall be obliged to return it together it its accessions.
He shall be liable for all the fruits and rents he may have received, or could have received through the exercise of due diligence.
Ok.
1038
Possessor in bad faith means he knows that he is incapacitated. He must return the property, fruits and rents.
Immaterial if it is good faith, still considered possession in bad faith.
The disqualified heir, referred to in this article, who took possession of the hereditary property, is a possessor in bad faith, because he took possession “disregarding the provision stated in the preceding articles.”
Hence, the law applies to him the rules on possession in bad faith:
- The obligation to return, with accessions
- Liability for fruits which were received and could have been received.
These are the same rules laid down in Art549.
Period for action to recover – Under Art 1040, 5 years.
Action for declaration of incapacity and recovery of inheritance
The action for a declaration of incapacity and for the recovery of the inheritance, devise or legacy shall be brought within five years from the time the disqualified person took possession thereof. It may be brought by any one who may have an interest in the succession.
1040
5 years prescriptive period – applies both to the declaration of incapacity of the heir and the recovery of the inheritance or portion thereof wrongfully possessed by the disqualified heir.
In effect, this is a special prescriptive period for this action. It is an exception to the prescriptive periods for recovery of movables [8years] and of immovables [30years] laid down respectively in Articles 1140 and 1141.
How does disinheritance take effect?
Disinheritance can be effected only through a will wherein the legal cause therefor shall be specified. (916)
A compulsory heir may, in consequence of disinheritance, be deprived of his legitime, for causes expressly stated 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. (918)
The following shall be sufficient causes for the disinheritance of children and descendants, legitimate as well as illegitimate:
- When a child or descendant has been found guilty of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;
- When a child or descendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless;
- When a child or descendant has been convicted of adultery or concubinage with the spouse of the testator;
- When a child or descendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made;
- A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant;
- Maltreatment of the testator by word or deed, by the child or descendant;
- When a child or descendant leads a dishonorable or disgraceful life;
- Conviction of a crime which carries with it the penalty of civil interdiction.
The following shall be sufficient causes for the disinheritance of parents or ascendants, whether legitimate or illegitimate:
- When the parents have abandoned their children or induced their daughters to live a corrupt or immoral life, or attempted against their virtue;
- When the parent or ascendant has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;
- 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;
- When the parent or ascendant has been convicted of adultery or concubinage with the spouse of the testator;
- 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;
- The loss of parental authority for causes specified in this Code;
- The refusal to support the children or descendants without justifiable cause;
- 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:
- When the spouse has been convicted of an attempt against the life of the testator, his or her descendants, or ascendants;
- 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;
- When the spouse by fraud, violence, intimidation, or undue influence cause the testator to make a will or to change one already made;
- When the spouse has given cause for legal separation;
- When the spouse has given grounds for the loss of parental authority;
- Unjustifiable refusal to support the children or the other spouse.
Reconciliation
the mutual restoration of feelings to the status quo
It is a bilateral act. The offended party must be able to forgive and the offender must be able to accept the forgiveness. There is no reconciliation if it is merely a
general pardon wherein the testator forgives all who have offended him because such is a unilateral act of the testator.
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.
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.
Ok.
Kinds of heirs
- Compulsory or forced heirs
- persons who are not deprived of their inheritance unless there are causes to disinherit them and the causes are provided by law - Voluntary, testamentary or testate heirs
- heirs who will inherit because of the will of the decedent; if real personal/real property by device/legacy in the testator will insofar as the free portion is concerned - Legal/Intestate
- if they succeed to the inheritance in the absence of a valid will
Heirs - are instituted to the whole or to an aliquot portion thereof (portion of the inheritance); Succeed to the remainder of the state after all debt, devisee or legacies have been paid.
Devise/Legatee - is given individualized items of the
property. Heirs succeed the general right while devise succeed by special or particular title.
Testamentary - relative or not
Intestate - he must be relative
Devisee - person to whom gifts of specific/determinate real property are given by virtue of will
Legatee - property given is personal
PERO SA SYLLABUS:
1) Compulsory
2) Voluntary
3) Legatees
4) Devisees
Legitime
that portion of the property, rights and obligations of the decedent which you cannot just dispose of because the law reserved it for the compulsory heirs
All compulsory heirs are legal heirs. T or F.
True.
All legal heirs are compulsory heirs. T or F.
False.
When a person dies without a will, then, the
compulsory heirs succeed by operation of law. If there is a will but the will is not valid, then, the compulsory heirs succeed by operation of law since the will is disregarded.
Legatee vs. Devisee
Legatee succeeds to personal properties.
Devisee succeeds to real properties or immovable properties of the decedent.
Heirs vs. Legatees and Devisees
(1)
H: Succeed by general right or universal title to all or an aliquot part of the estate
L&D: Succeed by special or particular title (individual items of property)
(2)
H: Heirs exist both in testamentary succession and intestate succession
L&D: Legatees and devisees exist only in testamentary succession
(3)
H: The heir, if compulsory, succeeds to the inheritance regardless of the will of the decedent
L&D: Legatees and devisees succeed only by testator’s will
(4)
H: Quantity cannot be determined until after liquidation of properties of the estate
L&D: Quantity can easily be determined
(5)
H: Heirs represent the juridical personality of the deceased, acquiring his property, rights and obligations
L&D: Legatees and devisees do not represent the juridical personality of the deceased because it acquires only properties
(6)
H: Heirs succeed to the remainder of the estate after all the debts, devisees and legatees have been paid
L&D: Legatees and devisees succeed only to the determinate thing or amount given
Importance of distinguishing heirs from legatees and devisees:
- When there is preterition, the instituted voluntary heirs do not get anything. The legatees/devisees retain the properties given to them as long as the legitime is not impaired.
- When there is invalid disinheritance, the instituted voluntary heir gets nothing while the one who received properties by way of legacy or devise retains the property given to them as long as the legitimes of the compulsory heirs are not impaired.
Requisites for valid disinheritance
- The disinheritance must be made in valid will
- can also be effected by virtue of a codicil
- can also be made in a separate will
- can also be made in Incorporation By Reference - The disinheritance must be made expressly, not
impliedly - There must be a legal cause for the disinheritance
- The disinheritance must be made for a true cause
- The disinheritance must be for and existing cause
- a conditional disinheritance is not allowed: “I will disinherit my son if he will kill me in the future”
- but a conditional revocation of disinheritance is
allowed: “My son attempted for my life. I will disinherit
him. But if he will ask for my forgiveness, I will revoke the disinheritance” - The disinheritance must be total or complete
- The cause must be stated in the will itself
- The heir disinherited must be clearly identified, so
that there will be no doubt as to who is really being
disinherited - The will in which the disinheritance is stated must
not have been revoked, at least in so far as the
disinheritance is concerned
Grounds for Legal Separation
A petition for legal separation may be filed on any of the following grounds:
- Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;
- Physical violence or moral pressure to compel the petitioner to change religious or political affiliation
- Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;
- Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned
- Drug addiction or habitual alcoholism of the respondent;
- Lesbianism or homosexuality of the respondent;
- Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;
- Sexual infidelity or perversion;
- Attempt by the respondent against the life of the petitioner; or
- Abandonment of petitioner by respondent without justifiable cause for more than one year.
For purposes of this Article the term “child” shall include a child by nature or by adoption.
Note that even if there is merely an attempt against the life of the other spouse, it can be a ground for disinheritance because it is a ground for legal separation. In this ground, there is no conviction, but mere attempt.
But under Article 921, paragraph 1, take note that what it provides is conviction: “When the spouse has been convicted of an attempt against the life of the testator, his or her descendants, or ascendants.” If one of the spouses attempt against the life of a common child or descendant, there has to be conviction in order that it may constitute a ground for disinheritance because it is not a ground for legal separation.
If there already has been a decree of legal separation, there is no more need to disinherit the offending spouse because by operation of law, the inheritance given to the other spouse is revoked and he or she is also disqualified from inheriting from the innocent spouse.
Is it necessary that there be a decree of legal separation for a spouse to be disinherited?
Not really.
When the spouse has given cause for legal
separation–In this case, there is yet no decree of legal
separation but only the occurrence of the cause for legal separation. You do not have to secure a decree of legal separation first before you can disinherit your
spouse who has given ground
How is disinheritance revoked?
- There is subsequent reconciliation (so the disinheritance shall be ineffective)
- By making the disinherited heir an instituted heir
- By the revocation of a will containing disinheritance
- By the disallowance of a will containing the disinheritance
Relationship
blood (consanguinity) or marriage (affinity) tie uniting a person to another person
In case of the death of an adopted child, leaving no children or descendants, who are his heirs?
his parents and relatives by consanguinity and not by adoption, shall be his legal heirs
Whose inheritance is an adopted child entitled to?
The adopted child shall become the legal heir of his adoptive parents and shall also remain the legal heir of his natural parents
Principle of Absolute Separation or Iron Clad Barrier
Article 992 is the Principle of Absolute Separation with the legitimate family and the illegitimate family. There is Reciprocal prohibition. This is prohibition is also called the IRON-CLAD BARRIER.
Art. 992. 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.
Heirs of the ILLEGITIMATE CHILD:
- Legitimate children and other legitimate descendants
- Illegitimate children and other descendants
- Illegitimate parents; ( NB: An illegitimate child has no legitimate ascendants)
- Surviving spouse
- Illegitimate brothers and sisters subject to article 992;
- Nephews & nieces subject to rule in article 992 (because nephews & nieces who are legitimate cannot inherit from the illegitimate child.)
- Other collateral relatives up to the 5th civil degree of consanguinity
- The State
Heirs of the LEGITIMATE CHILD:
- Legitimate children and their legitimate descendants
- Legitimate parents and other legitimate ascendants
- Illegitimate children and their descendants
- Surviving spouse, without prejudice to the rights of brothers & sisters, nephews & nieces should there be any
- Brothers & sisters subject to Article 992. (Illegitimate brothers & sisters cannot inherit from him)
- Nephews & nieces subject to Article 992;
- Collateral relatives up to the 5th degree subject to Article 992
- The State.
Although it is a fact that brothers and sisters of a decedent, and their children, are collateral heirs, they are not given any share in the inheritance if there is a will instituting the widow as the sole heir of the estate
Ohhh
The relative of the full blood does not exclude the relatives of the half-blood. T or F.
True.
Collateral relatives
brothers, sisters, nephews and nieces, and the uncles and aunts and cousins
The unworthiness must be declared by the court. T or F.
True.
Preterition
happens when a direct line or a compulsory heir is omitted form the will
The effect is the will cannot be given effect. So, there shall be intestacy wherein the will is disregarded and as if the person died without a will.
Formal requisites of marraige
- Legal capacity of the contracting parties;
- Their consent, freely given;
- Authority of the person performing the marriage; and
- A marriage license, except in a marriage of exceptional character
The following marriages shall be void from the beginning:
(1) Those contracted under the ages of sixteen and fourteen years by the male and female respectively, even with the consent of the parents;
(2) Those solemnized by any person not legally authorized to perform marriages;
(3) Those solemnized without a marriage license, save marriages of exceptional character;
(4) Bigamous or polygamous marriages not falling under article 83, number 2;
(5) Incestuous marriages mentioned in article 81;
(6) Those where one or both contracting parties have been found guilty of the killing of the spouse of either of them;
(7) Those between stepbrothers and stepsisters and other marriages specified in article 82:
(a) Between stepfathers and stepdaughters, and stepmothers and stepsons;
(b) Between the adopting father or mother and the adopted, between the latter and the surviving spouse of the former, and between the former and the surviving spouse of the latter;
(c) Between the legitimate children of the adopter and the adopted.
Marriages between the following are incestuous and void from their performance, whether the relationship between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree;
(2) Between brothers and sisters, whether of the full or half blood;
(3) Between collateral relatives by blood within the fourth civil degree.
Any marriage subsequently contracted by any person during the lifetime of the first spouse of such person with any person other than such first spouse shall be illegal and void from its performance, unless:
(1) The first marriage was annulled or dissolved; or
(2) The first spouse had been absent for seven consecutive years at the time of the second marriage without the spouse present having news of the absentee being alive, or if the absentee, though he has been absent for less than seven years, is generally considered as dead and believed to be so by the spouse present at the time of contracting such subsequent marriage, or if the absentee is presumed dead according to articles 390 and 391. The marriage so contracted shall be valid in any of the three cases until declared null and void by a competent court.
A marriage may be annulled for any of the following causes, existing at the time of the marriage:
(1) That the party in whose behalf it is sought to have the marriage annulled was between the ages of sixteen and twenty years, if male, or between the ages of fourteen and eighteen years, if female, and the marriage was solemnized without the consent of the parent, guardian or person having authority over the party, unless after attaining the ages of twenty or eighteen years, as the case may be, such party freely cohabited with the other and both lived together as husband and wife;
(2) In a subsequent marriage under article 83, number 2, that the former husband or wife believed to be dead was in fact living and the marriage with such former husband or wife was then in force;
(3) That either party was of unsound mind, unless such party, after coming to reason, freely cohabited with the other as husband or wife;
(4) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as her husband or his wife, as the case may be;
(a) Misrepresentation as to the identity of one of the contracting parties;
(b) Non-disclosure of the previous conviction of the other party of a crime involving moral turpitude, and the penalty imposed was imprisonment for two years or more;
(c) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband.
No other misrepresentation or deceit as to character, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.
(5) That the consent of either party was obtained by force or intimidation, unless the violence or threat having disappeared, such party afterwards freely cohabited with the other as her husband or his wife, as the case may be;
(6) That either party was, at the time of marriage, physically incapable of entering into the married state, and such incapacity continues, and appears to be incurable.
Criterion on the capacity of the heir to inherit
In order to judge the capacity of the heir, devisee or legatee, his qualification at the time of the death of the decedent shall be the criterion.
In cases of: 2,3,5 of 1032
a. any person who has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;
b. any person who has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless;
c. any person convicted of adultery or concubinage with the spouse of the testator;
it shall be necessary to wait until final judgment is rendered
for 4 of 1032
Any heir of full age who, having knowledge of the violent death of the testator, should fail to report it to an officer of the law within a month, unless the authorities have already taken action; this prohibition shall not apply to cases wherein, according to law, there is no obligation to make an accusation;
the expiration of the month allowed for the report.
If the institution, devise or legacy should be conditional, the time of the compliance with the condition shall also be considered.
Law governing an heir’s capacity to succeed
Capacity to succeed is governed by the law of the nation of the decedent.
Does the heir, devisee or legatee need to be living at the moment the succession opens for him/her to be capable of inheriting?
Generally, yes. There is an exception.
In order to be capacitated to inherit, the heir, devisee or legatee must be living at the moment the succession opens, except in case of representation, when it is proper.
Persons not incapacitated by law may succeed by will or ab intestato. T or F.
True.
The provisions relating to incapacity by will are equally applicable to intestate succession.
Are the descendants of a person excluded from inheritance by reason of incapacity likewise disqualified from inheritance?
No.
If the person excluded from the inheritance by reason of incapacity should be a child or descendant of the decedent and should have children or descendants, the latter shall acquire his right to the legitime.
The person so excluded shall not enjoy the usufruct and administration of the property thus inherited by his children.
Burden of proof on proving cause for disinheritance
The burden of proving the truth of the cause for disinheritance shall rest upon the other heirs of the testator, if the disinherited heir should deny it.
917
A compulsory heir may, in consequence of disinheritance, be deprived of his legitime, for causes expressly stated by law. T or F.
True.
915
Disinheritance is effected automatically. T or F.
False.
Article 916. Disinheritance can be effected only through a will wherein the legal cause therefor shall be specified.
Effect of disinheritance without specification of the cause
Article 918. 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.
A person incapable of succession is obliged to return the property in his possession along with the fruits and rents he may have received through the exercise of due diligence. T or F.
True.
Article 1038. Any person incapable of succession, who, disregarding the prohibition stated in the preceding articles, entered into the possession of the hereditary property, shall be obliged to return it together it its accessions.
He shall be liable for all the fruits and rents he may have received, or could have received through the exercise of due diligence.
Inheritance
Article 776. The inheritance includes all the property, rights and obligations of a person which are not extinguished by his death.
Article 781. The inheritance of a person includes not only the property and the transmissible rights and obligations existing at the time of his death, but also those which have accrued thereto since the opening of the succession. (n)
Disinheritance
the process or act, thru a testamentary disposition of depriving in a will any compulsory heir of his legitime for true and lawful causes
Disinheritance refers only to a compulsory heir. T or F.
True
Ways of depriving the compulsory heir of his legitime
- Disinheritance (Article 915)
- Repudiation of the inheritance - the act of the heir himself
- Incapacity by reason of unworthiness
- Predecease - the actual or presumptive death of the heir
- Loss of the estate
- When the death or charges are equal to or more than the value of the estate
If the disinheritance lacks one or other of the requisites mentioned in this article,
the heir in question gets his legitime
As to whether he will also get any part of the intestate portion or not, this depends on whether the testator gave away the free portion through testamentary dispositions.
If he did, these dispositions are VALID and the compulsory heir improperly disinherited gets only his legitime.
If the testator did not, the compulsory heir will be entitled to his corresponding share of the free portion as well.
Note the difference between the effect of ineffective
disinheritance and that of preterition under article
854:
Art. 854. The preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator, shall annul the institution of heir; but the devises and legacies shall be valid insofar as they are not inofficious.
If the omitted compulsory heirs should die before the
testator, the institution shall be effectual, without prejudice to the right of representation.
Instances wherein there is ineffective or imperfect disinheritance:
- When it does not specify the cause
- When it specifies a cause the truth of which, if contradicted, is not proved
- When it specifies a cause which is not one of those set forth in the Code
If hindi din nacomply yung essential requisites
It is believed that this Article also governs the effect of that kind of disinheritance where there is a subsequent
reconciliation, and where therefore there is also an ineffective disinheritance.
Consequence if there is an invalid disinheritance
- It shall annul the institution of the heirs but in so far as only for the purpose of completing the legitime of the compulsory heir
- But the devises and legacies and other testamentary dispositions shall be valid to such extent as will not impair the legitime
Preterition v. Valid Disinheritance
(1)
P: The omission may be either intentional or unintentional as long as the deprivation is total
VD: Disinheritance is always intentional because it has
to be provided for in the will
(2)
P: With cause or without cause
VD: The cause must be provided for by law. (Articles 920 & 921 NCC)
(3)
P: Annuls the institution
VD: The disinherited heir inherits nothing from the legitime & the free portion
(4)
P: May exist with or without a will
VD: There must always be a will
(5)
P: The institution is always void
VD: The institution will be followed unless there is another cause for not following the institution which is not because of the disinheritance but for other causes.
How does preterition exist without a will?
During the lifetime of the testator, he can make donations and the donations will be collated later on. If
during his lifetime, he gave all his properties to one of his children. So upon his death, there is nothing left. So
upon his death, there is no will but still there is preterition because there is omission.
Preterition v. Imperfect Disinheritance
(1)
P: The institution of heirs is completely annulled
ID: The institution remains valid, but must be reduced
insofar as the legitime has been impaired
(2)
P: If there is a devise or legacy, he will receive the devise or legacy as long as it is not inofficious
ID: Devises, legacies or other testamentary dispositions shall be valid. Even if the person is just an instituted heir, he will still receive his share or inheritance
(3)
P:It is important to distinguish whether the person is an instituted heir or a devisee or legatee
VD: Even if the person is just an instituted heir, as long as the institution does not prejudice the legitime of
the invalidly disinherited heir, then, that heir shall
receive the inheritance
X died leaving a will wherein he instituted as his heirs his wife, W, and his two daughters, A and B, without designating their shares. A third daughter, C, is ommitted entirely without being disinherited. In the will, X also bequeathed a legacy of P20,000 to A. The net value of his estate is P240,000. How shall such estate be distributed?
It must be observed that because of the omission of C in X’s will, there is now a preterition of a compulsory
heir in the direct line in the testator’s will. According to the Civil Code, such preterition shall have the effect of annulling the institution of heirs entirely, but legacies and devises shall be valid insofar as they are not inofficious. Since there is a legacy of P20,000 given to A we must therefore, determine whether it is inofficious or not. The legitime of A, B and C is 1/2 of the entire estate, or P120,000, or P40,000 each. The legitime of W is the same as that of each of the legitimate children, or P40,000 also.
The disposable free portion is therefore, P80,000. It is clear, that the legacy of P20,000 given to A is not inofficious because it can easily be contained in said disposable free portion. Therefore, it is valid. Consequently, it must be paid to A. That leaves a balance of P220,000 in the estate. Since the institution of heirs has been entirely annulled because of the preterition of C, the rules of intestacy shall now be applied with respect to this balance. It shall be divided equally among W, A, B, and C. The distribution shall, therefore, be as follows:
A ……………………………. P55,000, as legal heir
20,000, as legatee
B ……………………………. 55,000, as legal heir
C ……………………………. 55,000, as legal heir
W ……………………………. 55,000, as legal heir
P240,000
Suppose that C, in the above problem, was disinherited without any specification of the cause or ground for disinheritance, how shall the estate be distributed?
It must be observed that the disinheritance of C is defective because the testator did not state the cause or ground of disinheritance. Consequently, according to the Civil Code, such imperfect disinheritance shall annul the institution of heirs insofar as it prejudices the legitime of C, but legacies and devises shall be valid insofar as they are not inofficious.
Hence, we must determine the legitime of the survivors and the disposable free portion. The legitime of A, B and C is 1/2 of the entire estate, or P120,000, or P40,000 each. The legitime of W is the same as that of each of the legitimate children, or P40,000 also. The disposable free portion is, therefore, P80,000. It is clear that the legacy of P20,000 given to A is not inofficious because it can easily be contained in said disposable free portion.
Therefore, it is valid. Consequently it must be paid to A. That leaves a balance of P60,000 in the disposable free portion. This balance of P60,000 shall be given to W, A and B in accordance with the testator’s will. That means P20,000 for each of them in addition to their legitime of P40,000. The distribution shall, therefore, be as follows:
A …………………….. P40,000, as compulsory heir
20,000, as voluntary heir
20,000, as legatee
B …………………….. 40,000, as compulsory heir
C …………………….. 20,000, as voluntary heir
W …………………….. 40,000, as compulsory heir
20,000, voluntary heir
P240,000
A died leaving a will containing three testamentary clauses. In the fi rst clause he instituted his two legitimate children, B and C, as his universal heirs; in the second clause he disinherited his legitimate child, D, without specifying the cause; and in the third clause he left a legacy of P10,000 to a third person E. The net remainder of his estate is P60,000. How shall such estate be distributed?
In the first place, since the only compulsory heirs surviving the testator are three legitimate children, B,
C and D, therefore, 1/2 of the net remainder of the estate, or P30,000, is reserved as their legitime, while the other half, or P30,000, is free or disposable (Art. 888). In the second place, the disinheritance of D is imperfect because there is no specification of the cause; consequently, it shall result in the partial annulment of the institution of B and C as heirs insofar as D’s legitime of P10,000 is prejudiced (Art. 918). In the third place, the legacy of P10,000 to E is not inofficious since it can easily be contained within the free portion of P30,000; hence it does not impair the legitime of the three compulsory heirs which is also P30,000 (Art. 918). Therefore, the estate shall be distributed as follows:
B …………………………. P10,000 as compulsory heir
P10,000 as voluntary heir
C ………………………… P10,000 as compulsory heir
P10,000 as voluntary heir
D …………………………. P10,000 as compulsory heir
E …………………………. P10,000 as legatee
P60,000
Art. 919 (2)
Has Accused the Testator of a Crime
punishable by 6 years or more, and the
accusation is found to be Groundless
Accused»_space;
The word accused here is used generically and will include:
a. filing of a complaint before the prosecutor
b. presenting incriminating evidence against the testator
c. even suppressing exculpatory evidence
d. testifying in a case against your parents or ascendants involving a crime which carries a penalty of 6 years or more (prision mayor)
e. statements affirming the accusations made against the parents, ascendants
Article 291. The following are obliged to support each other to the whole extent set forth in the preceding article:
(1) The spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and acknowledged natural children and the legitimate or illegitimate descendants of the latter;
(4) Parents and natural children by legal fiction and the legitimate and illegitimate descendants of the latter;
(5) Parents and illegitimate children who are not natural.
Brothers and sisters owe their legitimate and natural brothers and sisters, although they are only of the half-blood, the necessaries for life, when by a physical or mental defect, or any other cause not imputable to the recipients, the latter cannot secure their subsistence. This assistance includes, in a proper case, expenses necessary for elementary education and for professional or vocational training.
Art. 919 (6)
Shall maltreatment be intentional for it to be a valid ground for disinheritance?
It is necessary that the maltreatment must have been intentional or voluntary. Otherwise, if it was due to insanity, lack of discernment or tender years of the child or descendant, the maltreatment cannot be considered as a sufficient cause for disinheritance.
Art. 919 (7)
Leads a dishonorable or disgraceful life
There must be habituality to the conduct to make it fall
under this paragraph.
Succession
Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law.
774
If the right or obligation is strictly personal [intuitu personae], it is intransmissible. T or F.
True.
Estate is distributed among the heirs first. Thereafter, the creditors may go after them. T or F.
False. It is only AFTER the debts are paid that the residue of the estate is distributed among the successors.
When the debts, funeral charges and expenses of administration, the allowance to the widow and the inheritance tax have all been paid, that is the only time that the court shall assign the RESIDUE of the estate to
persons entitled to it.
The rule also provides that there shall be no distribution until the payment of the obligations enumerated above, have been made or provided for. However, if the distributees give a bond for the payment of the said obligations within such time and of such amount as fixed by the court, the distribution may be allowed.
Money debts are transmitted to the heir to pay for them. T or F.
False.
The estate pays them and it is only what is left after the debts are paid [residue] that are transmitted to the heirs.
Heirs may recover their share only upon
a. Payment of debts, expenses and taxes
b. Hearing conducted by the court
c. Court assigns the residue of the estate to the heirs
2 Kinds of Succession as to effectivity
- Donation Inter Vivos: given during the lifetime of grantee
- Donation Mortis Causa: made effective from the moment of death of decedent
Foreigners can acquire lands in the Philippines in case of hereditary succession. T or F.
True.
3 distinguishing characteristics of a donation mortis causa:
- It conveys no title or ownership to the transferee before the death of the transferor;
- Before his death, the transfer should be revocable by the transferor at will, but revocability may be provided for indirectly by means of a reserved power in the donor to dispose of the properties conveyed
- The transfer should be void if the transferor should survive the transferee
If these 3 characteristics are present, the document is not a deed of donation but rather, it is a will. It must comply with the formalities of a will.
The raison d’etre of the right of succession
The harmonious combination of two institutions —private ownership and the family. This is so because succession is, after all, but a mode of perpetuating the right to own private property. Consequently, whether we look at it from the viewpoint of private ownership or the viewpoint of the family, the basis or foundation of succession is the recognized necessity of perpetuating man’s patrimony beyond the limits of human existence. This necessity, in turn, is based on the necessity of giving greater stability to the family and to the social
economy.
Opening of succession
The rights to the succession are transmitted from the moment of the death of the decedent.
777
Rights to succession are vested from the moment of death, not upon the filing of petition for testate/ intestate proceedings, not upon the declaration of heirship or upon settlement of the estate.
Elements of succession
- Death
- Will or Operation of law
- Existence and capacity of the successor
- Acceptance
The law in force at the time of the ____________ will determine who the heirs should be.
the decedent’s death
Uson v. Del Rosario.– Upon the death of the husband before the NCC, the rights of the wife to the inheritance were vested. So the rights of the illegitimate children under the NCC to inherit can not prejudice the vested rights of the wife. We have to apply the OCC bec. at the time of his death, it is the OCC w/c governed the law on succession. For the determination of successional rights, the law at the point of death should be the one applied.
Jimenez v. Fernandez.– Carlos died in 1936, before the effectivity of the NCC. As such,
his illegitimate child cannot inherit from him. As such, title to the land belongs to the cousin who
inherited the land w/ Carlos.
___________ is the determining factor when the heirs acquire a definite right to the inheritance, whether such right be pure, conditional or with a term.
Death
While your parents are still alive, their properties are still owned by them. What you have is merely _____________. It is not an absolute right.
an inchoate right or an expectancy
Rules on presumed death
• Under ordinary circumstances, 10 years
• After the age of 75, 5 years.
• Under extraordinary circumstances, 4 years
In this instance, the moment of death is reckoned from the moment of disappearance.
ARTICLE 390 (New Civil Code). After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for those of succession. The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened. (n)
ARTICLE 391 (New Civil Code). The following shall be presumed dead for all purposes, including the division of the estate among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war, and has been missing for four years;
(3) A person who has been in danger of death under other circumstances and his existence has not been known for four years. (n)
As a general rule, the time when the absentee died must be proved in accordance with the ordinary rules of evidence. If this is not possible, then he is deemed to have died at the time of the that expiration of the period designated by law. There is, however, an exception to this rule, and that is when the absentee disappeared under any one of the extraordinary circumstances enumerated in Art. 391 of the Code. Because the absentee disappeared under danger of death, in such case, he is deemed to have died at or about the time when he disappeared.
After the death of the decedent, anyone of the heirs may enter into a contract with respect to his share in the inheritance even before partition has been effected. T or F.
True.
This is so because his right with respect thereto is already in the nature of a vested right in accordance with the principle declared in Art. 777 of the Civil Code, to the effect that the rights to the succession are transmitted at the moment of the death of the decedent. Hence, he may sell his undivided share in the inheritance or even donate it. Conversely, before the death of the decedent, no heir may enter into a contract with respect to his future share in the inheritance. This is so because, before the death of the decedent, the heirs have only a mere hope or expectancy, absolutely inchoate in character, to their share in the inheritance.
A transmission by inheritance is taxable at the time of the predecessor’s death, notwithstanding the postponement of the actual possession or enjoyment of the estate by the beneficiary, and the tax is measured by the value of the property transmitted at the time regardless of its appreciation or depreciation. T or F.
True.
Lorenzo v. Posadas
Once the heir accepts his inheritance and takes possession thereof, his right thereto is deemed to retroact to the moment of the decedent’s death. T or F.
True.
It is clear that since the moment of the death of the decedent is the determining factor when the heirs acquire a definite right to the inheritance, whether such right is pure or contingent, it is immaterial whether a short or long period of time lapses between the moment of the death of the decedent and the heir’s entry into the possession of his inheritance. Once the heir accepts his inheritance and takes possession thereof, his right thereto is deemed to retroact to the moment of the decedent’s death.
Consequently, the fact that the hereditary estate is placed under administration will not affect the application of the rule stated in Art. 777. As a matter of fact, it has even been held that the fact that the law provides for the appointment of a legal administrator for the liquidation of the decedent’s estate and the partition of his haeriditas jacens among his heirs, does not deprive such heirs of the right to intervene in the administration of the estate for the protection of their interests.
Sec. 3, Rule 87 of the New Rules of Court bars the filing of an action by an heir to recover the possession of property belonging to the estate until there is an order of the court which has jurisdiction of the testate or intestate proceedings assigning said property to such heir. T or F.
True.
While it is very true that they acquire ownership thereof from the moment of the death of their predecessor, yet upon the appointment of a judicial administrator, the latter, by virtue of his appointment, acquires a right to the possession of the estate, subject to the orders of the court, unless he consents to the heirs continuing in possession thereof.
An executor or administrator, who assumes the trust, takes possession of the property left by the decedent for the purpose of liquidating all debts. T or F.
True.
Which article is deemed to be irrelevant as to succession?
Art. 781
Ownership, accretion vs. succession
Does the body or mortal remains of the decedent form a part of the inheritance?
The view maintained by American authorities is that it cannot be considered as a part of the inheritance inasmuch as it is not property. It must be noted, however, that under Rep. Act No. 349, as amended by Rep. Act No. 1056, a person may validly grant to a licensed physician, surgeon, known scientist, or any medical or scientific institution, authority to detach at any time after the grantor’s death, any organ of his body, and to utilize the same for medical, surgical or scientific purposes.
The grant or authorization must: (1) be in writing; (2) specify the person to whom or the institution to which the grant is given; (3) specify the organ to be detached; (4) specify the use or uses of the organ to be employed; and (5) be signed by the grantor and two disinterested witnesses. If all of these requirements have been complied with, after the death of the grantor, the grant or authorization shall be binding upon the executor or administrator, successors of the deceased and members of his family.
Rights relative to persons and family. Transmissible or intransmissible?
Rights relative to persons and family or purely personal rights are, by their very nature, intransmissible in character. Consequently, they are not included in the inheritance.
Examples:
- right to parental authority
- marital rights
- right of a Chinese merchant
- right to vote
Rights relative to property or patrimonial rights. Transmissible or intransmissible?
Rights relative to property or patrimonial rights are generally transmissible in character. Consequently, they may be included in the inheritance. Excepted from this rule are those which are expressly made intransmissible by operation of law such as personal and legal usufructs and personal easements.
Examples: action for forcible entry/unlawful
detainer action to recover property
EXCEPTIONS:
Extinguished by death as provided by law or agreement by the parties (ex. agency, commodatum,
contract of lease)
Rights arising from obligations or rights of obligations. Transmissible or intransmissible?
Rights arising from obligations or rights of obligations, whether contractual or otherwise, are generally transmissible in character. Consequently, they may be included in the inheritance. Excepted from this rule are those arising from contracts which by their very nature are intransmissible, those which are expressly made intransmissible by agreement of the parties, and those which are expressly made intransmissible by operation of law.
GENERAL RULE: Transmissible
EXCEPTIONS:
1. Purely personal
2. Non-transferable by law
3. Non-transferable by contract or agreement between the parties.
Examples of obligations extinguished by death:
1. Obligation to pay taxes
2. Criminal liability
3. Right to give support
Debts (2 views)
1. Not transmissible since it is actually the estate of the deceased which pays the debts
2. Transmissible because the shares of the heirs are reduced by the payment of the debts (preferred view)
Some of the rights and obligations which are intransmissible, either because they are purely personal in character or they are made so by operation of law, are the following:
- rights and obligations between husband and wife
- property relations between husband and wife
- action for legal separation
- action to compel acknowledgment of a natural child
- action to obtain judicial declaration of illegitimate filiation of an illegitimate child who is not natural
- parental authority or patria potestas
- rights of a guardian
- right to receive and the obligation to give support
- right to hold a public office as well as the right to
exercise a profession or vocation - right of usufruct
- right of personal easement
- rights and obligations arising from a contract of partnership
- rights and obligations arising from a contract of agency
- criminal responsibility
Thus, where a natural child dies survived by his mother, it has been held that the right of action for the acknowledgment of the child is, in principle and without exception, extinguished by his death, and cannot be transmitted as a portion of the inheritance of such child. Similarly, where a merchant dies leaving a mercantile business to his widow and children, it has been held that such fact alone does not make such widow and children merchants.
Please read Conde vs. Abaya
Oki
D was indebted to C for P500. When he died, he had no property, but he was survived by X, his son, who was making good in a certain business. As D had no property, C brought an action against X for the payment of the P500 plus legal interest thereon on the ground that not only the property but also the rights and obligations of a person are transmitted to his heirs upon his death either by will or by operation of law. Is C entitled to the remedy sought for?
C is not entitled to the remedy. While it is true that the inheritance of a person includes not only his property but also his rights and obligations which are existing at the time of his death, yet his monetary obligations are excluded by operation of law. This is so because under our system of procedure for the settlement of the estate of deceased persons, such monetary obligations of the decedent can only be charged against his estate and not against his heirs.
A creditor of one of the heirs has no standing or legal personality to intervene in the testate or intestate proceedings for the settlement of the estate of the decedent by fi ling a motion praying that the participation of such heir in the inheritance should be sold in order to pay for the obligation. T or F.
True.
This is so because the creditor is not a creditor of the decedent but of the heir, and, therefore, is entitled to proceed against the participation of such heir only after the settlement or liquidation of the estate of the decedent.
Actual v. Constructive Knowledge Death
Actual - Actual
Constructive - Presumptive
Is a transaction between the prospective
compulsory heir and another prospective compulsory
heir, or between a prospective compulsory heir and a
stranger, interdicted?
YES under Article 1347 par2: “No contract may be
entered into upon future inheritance except in cases
expressly provided by law.”
Exception to Art. 1347
Art. 130. The future spouses may give each other in their marriage settlements as much as one-fifth of their present property, and with respect to their future property, only in the event of death, to the extent laid down by the provisions of this Code referring to testamentary succession. (1331a)
The donation is in reality a disposition mortis causa a case of contractual donation expressly authorized by law as an exception to the prohibition in Article 1347.
such ANTE NUPTIAL COTRACT is not expressly requires by Art 130 to comply with the formalities of a will. But this is more of a contractual succession rather than a testamentary succession because it shall be executed in accordance with the form prescribed for donations by reason of marriage.
Art. 905 states: “. . . between the person owing it and his compulsory heirs.” Now then, suppose the compromise is made among the compulsory heirs themselves (during the lifetime of the testator), would such a compromise be valid?
No, such a compromise would still not be valid, not because of Art. 905 but because “no contract (and a compromise is indeed a contract) may be entered into upon future inheritance except in cases expressly authorized by law.” (Art. 1347, par. a).
Decedent
ART. 775. In this Title, “decedent” is the general term applied to the person whose property is transmitted through succession, whether or not he left a will. If he left a will, he is also called the testator.
Decedent – general term, person whose property is transmitted
Testator – specific term, person who transmits his property via a will.
It is unfortunate that the Code does not use the term
“Intestate” to refer to a decedent who died without a
will, This would have prevented the ambiguity now
inherent in the term “decedent”
Every testator is a decedent. T or F.
True.
Every decedent is a testator. T or F.
False.
Every testator is a decedent but not all decedents are testators. Under the American system, a decedent who did not leave a will is called “intestate.” But this is not true in the Phils.
All persons who are not expressly prohibited by law may make a will. T or F.
True.
796
General rule: All persons have the testamentary capacity to make a will.
Exception: Incapacity, when expressly prohibited by law:
(1) disqualified by reason of age (Art. 797);
(2) disqualified by reason of mental incompetence. (Art. 798.)
The term refers only to natural person and not include the juridical person like corporations, it is evident from the requirement of sound mind.
In order that a person can make a will, the following requisites are necessary:
(1) He must be at least eighteen years of age; and
(2) He must be of a sound mind
Testamentary capacity must exist at the time of the execution of the will.
A convict under civil interdiction is allowed to make
a will. T or F.
True.
This is because civil interdiction prohibits a disposition of property inter vivos, not mortis causa. Since the law does not disqualify them, it is believed that spendthrifts or prodigals, even if under guardianship, can make a will provided they are at least 18 years old and are of sound mind.
testamentifaccion active vs. testamentifaccion passive
Capacity to make a will is called “testamentifaccion active,’’ whereas capacity to inherit or to receive by will is “testamentifaccion passive.’’
To be of sound mind, it is not necessary that the testator be in full possession of all his reasoning faculties, or that his mind be wholly unbroken, unimpaired, or unshattered by disease, injury or other cause. T or F.
T or F.
It shall be sufficient if the testator was able at the time of making the will to know the nature of the estate to be disposed of, the proper objects of his bounty, and the character of the testamentary act.
It means realization of or knowing:
a. The nature of his estate: Know what you own. This does not mean that the testator has to know the description of his property in detail. It is enough that he has more or less a fairly accurate idea what his properties are. This depends upon the circumstances. Say Rockefeller. The idea is less if you owned more. the more a person owns, the more he is apt to forget what he has in detail. If you think you own Ayala bridge and gives it as a devise, something is wrong w/ you.
b. Proper objects of his bounty: Know his immediate relatives. Experience of mankind is that you give to people who are attached to you by blood. Immediate relatives referred to are spouses, parents, children, brothers, sisters, but not first cousins. First cousins usually are not known especially if they live abroad. The nearer the relation, the more you should know. The farther, the less the law expects of you. If the testator can not recognize his immediate relatives, then there is
something wrong.
c. Character of the testamentary act: Know the essence of making a will. Know that you are: (1) making a document that disposes (freely, gratuitously) of your property; (2) to take effect upon your death.
Even if he is insane as to other things, as long as he knows these three (3) things, he has testamentary capacity.
1) nature of his estate
2) proper objects of his bounty
3) character of the testamentary act
T or F.
True.
Even if you are insane as to other things, as long as you know these three (3) things, you have testamentary capacity.
Insanity is relative. It is different in marriage and in contracts. But in wills, not knowing one or more of the 3 mentioned above, you are considered insane.
After executing a holographic will which was later probated during his lifetime, the deceased executed another will, but this second will he did not submit to the court for probate while still alive. Can the second will be probated after his death?
Yes, for the fact of non-submission to probate during his lifetime of the second will does not indicate any defect in the requisite testamentary capacity. Besides, a will is revocable at any time by the testator while still alive.
Senility (infi rmity of old age) should be distinguished
from “senile dementia” (decay of mental faculties). The latter, when advanced or absolute, may produce unsoundness of mind resulting in testamentary incapacity.
Oki.
How Unsoundness of Mind is Manifested
(a) religious delusion resulting in the unsettling of judgment
(b) blind extraordinary belief in spirits while executing a will
(c) monomania (insanity on a single subject) — if this happens to be on the subject of wills or succession
(d) insane delusions — belief in things which no rational mind would believe to exist
(e) drunkenness if this results in failure to know the nature of the testamentary act
(f) idiocy — congenital intellectual deficiency
(g) a comatose stage, resulting from hypertension and cerebral thrombosis, and preventing the testator from talking or understanding
(h) state of delirium
