Finals - SUCCESSION Notes Compilation

Succession Transcription – Atty. Mayol CHAPTER 4 PROVISIONS COMMON TO TESTATE AND INTESTATE SUCCESSIONS SECTION 1. - Right of Accretion Accretion *In property it is the process by which soil sediments carried by water are gradually deposited to land situated on the bank of a river or on the seashore. It involves addition or “ipuno”. The same principle is applied in succession. Art. 1015. Accretion is a right by virtue of which, when two or more persons are called to the same inheritance, devise or legacy, the part assigned to the one who renounces or cannot receive his share, or who died before the testator, is added or incorporated to that of his co-heirs, co-devisees, or co-legatees. -

Ex. A parcel of land with an area of 900 sqm is adjudicated by the testator to his heirs A,B,C, the share of each is not mentioned. Each of them shall receive 1/3 or 300 sqm (Art. 846. Heirs instituted without designation of shares shall inherit in equal parts.) If A predecease, or has no capacity to inherit or refuses to accept, a vacant portion shall exist. B and C shall receive the vacant portion in proportion to the institution by testator. The 300 sqm shall be distrubuted equally between B and C. Thus, B and C shall receive 450 each, 350 by virtue of institution and 150 by virtue of accretion.

Art. 1016. In order that the right of accretion may take place in a testamentary succession, it shall be necessary: (1) That two or more persons be called to the same inheritance, or to the same portion thereof, pro indiviso; and (2) That one of the persons thus called die before the testator, or renounce the inheritance, or be incapacitated to receive it. Requisites for accretion to apply in testamentary succession - plurality of heirs - 2 or more heirs - unity of object - only one property given to the co-heirs, co-legatees, co devisees; results in co-ownership - existence of vacant portion due to predecease, incapacity or repudiation of a co-heir and no substitute has been instituted. - acceptance of co-heirs - accretion is not an obligation but a right, thus you can refuse. * Refers only to the free portion. * The heirs are co-owners of the undivided property given to them by the testator or the heirs are the pro indiviso owners of the property Pro indiviso - undivided, spiritual share * If the property is indivisible, for example a car, this shall be sold and the proceeds divided equally among the co-owners * No accretion shall apply if there has been physical segregation or ear-marking of the property given or the share of the heirs can be pinpointed. Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana

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Succession Transcription – Atty. Mayol Ex. If A shall receive the property located in Mandaue, and B shall receive the property in Cebu. If B predecease, the property in Cebu shall not go to A thru accretion. Ex. Testator leaves all his money to A and B. A shall get the money in the left drawer and B shall have the money in the right drawer. No accretion, there is physical segregation. * Accretion is only based on the presumed will of the testator. The written will shall prevail over a presumed will. - If all the requisites for accretion are existing, but the testator prohibits accretion in his will - no accretion. - If no requisites for accretion are existing, but the testator wrote in his will that accretion shall apply in case of predecease - accretion shall be done. Art. 1017. The words "one-half for each" or "in equal shares" or any others which, though designating an aliquot part, do not identify it by such description as shall make each heir the exclusive owner of determinate property, shall not exclude the right of accretion. In case of money or fungible goods, if the share of each heir is not earmarked, there shall be a right of accretion. -

If the testator gives the heirs a fractional share of the property or an aliquot part (ex. 1/2 to A, 1/4 to B, 1/4 to C) to the heirs, accretion shall still apply since the property is still undivided, a pro indiviso share base been given, the particular part to be received by the heirs cannot be pinpointed or has not been specified, and they are still co-owners.

Art. 1018. In legal succession the share of the person who repudiates the inheritance shall always accrue to his co-heirs. if heirs inherit by legal succession and there is repudiation (thus no right of representation), the remaining heir/s shall receive his share, whether the principle of accretion is applied or not. - Ex. Applying only legal succession: Estate is 9,000 sqm. Heirs are A,B,C. The heirs shall share in the inheritance equally and receive 3,000. If A repudiates, then there are only two legal heirs thus only B and C shall share in the 9,000 sqm estate, that is divide the estate by two. So B and C shall receive 4,500. Same result if accretion is applied, mas taas lang ang process. If A shall repudiate, his share shall accrue to B and C. Each shall receive 4,500, 3,000 thru legal succession and 1,500 thru accretion. • •

In legal succession accretion shall also take place in case of incapacity if the right of representation does not exist. In legal succession, in case of predecease, the remaining co-heir inherit in their own right, subject to the right of representation

Art. 1019. The heirs to whom the portion goes by the right of accretion take it in the same proportion that they inherit. (n)

Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana

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Succession Transcription – Atty. Mayol Ex. X instituted A,B,C as his heirs to his 10,000 sqm property. Their shares are: A-½ , B-¼ , and c-¼. A shall receive 5,000, B-2,500 and C-2,500. C died before X. How much shall A and B receive. Proportion of A and B’s share is ½: ¼ or 2:1 C’s share shall be distributed: 1666.67 to A; 833.33 to B Heirs shall get A = 5,000 + 1666.66667=6666.67 833.3333=3,333.33

and

B

=

2,500

+

Ex. X died intestate leaving behind his 12,000 sqm property to his legitimate child A and his illegitimate children B, C. B has a son F. B repudiates his share. How much shall A, B, C and F receive. Sharing should have been A-6,000; B-3,000; C-3,000 Since B renounced his share, B and F receive nothing. His share shall accrue to his coheirs. 3,000 shall be distributed in the proportion of 2:1 – 2,000:1,000 to A and B A shall receive 6,000 + 2,000 = 8,000 C shall receive 3,000 + 1,000 = 4,000 Or since B repudiated, divide the estate between A and C, in the proportion 2:1 (Art 983illegitimate child’s share is ½ of legitimate child’s). A= 8,000; C=4,000 Art. 1021. Among the compulsory heirs the right of accretion shall take place only when the free portion is left to two or more of them, or to any one of them and to a stranger. Should the part repudiated be the legitime, the other co-heirs shall succeed to it in their own right, and not by the right of accretion. (985) Accretion in Testamentary Succession * Separate the legitime and the free portion * There is no accretion with respect to legitime in testamentary succession. * share of each heir with respect to the free portion of shall be in the same proportion that they inherit Ex. Testator designated his children A and B and his friend F as heirs of a certain property he owned with an area of 120,000 sqm. B renounced his share. B has a son C. How much shall each receive? *Separate the legitime and the free portion Legitime: 60K thus A=30K B=30K Since B renounced his share he is not entitled to legitime and there is no right of represetation. The co-heir A shall succeed to the 60K legitime in his own right since there is no accretion with respect to the legtime in testamentary succession. Free portion: 60K Apply Art 846. since no designation of the shares. A,B,F shall receive the free proportion in equal shares: 60K/3 = 20K each. B’s share shall in the free portion shall be added to the share of A and F by the right of accretion, in the same proportion that they inherit: Proportion of A’s and F’s share of the free portion is 20K:20K or 1:1; Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana

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Succession Transcription – Atty. Mayol B’s 20K shall be distributed: 10K to A:10K to F Thus share of A and F of the free portion: A=20+10= 30K; F=20+10=30K So A shall receive 90K. 60K in his own right as legitime as a compulsory heir, 20K by virtue of institution as a voluntary heir, and 10K by virtue of accretion. F shall receive 30K; 20K in his own right by virtue of institution and 10K by virtue of accretion. Art. 1022. In testamentary succession, when the right of accretion does not take place, the vacant portion of the instituted heirs, if no substitute has been designated, shall pass to the legal heirs of the testator, who shall receive it with the same charges and obligations. -

Order of distribution of testamentary property: instituted heir, substitute, representative, accretion, intestacy If the instituted heir predecease, is incapacitated to inherit, or repudiates the inheritance, and no substitute has been instituted, and no right of representation exists and the requisites for accretion are not met, distribute the property using legal succession

Art. 1023. Accretion shall also take place among devisees, legatees and usufructuaries under the same conditions established for heirs. SECTION 2. - Capacity to Succeed by Will of by Intestacy Art. 1024. Persons not incapacitated by law may succeed by will or ab intestato. The provisions relating to incapacity by will are equally applicable to intestate succession. Art. 1025. 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. 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. (n) -

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juridical person cannot be a legal heir and cannot make a will Art. 41 For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mother's womb. However, if the fetus had an intrauterine life of less than seven months, it is not deemed born if it dies within twentyfour hours after its complete delivery from the maternal womb. Complete delivery from the maternal womb – when the umbilical cord is cut Art. 41: When a natural person attains personality

Art. 1026. A testamentary disposition may be made to the State, provinces, municipal corporations, private corporations, organizations, or associations for religious, scientific, cultural, educational, or charitable purposes. All other corporations or entities may succeed under a will, unless there is a provision to the contrary in their charter or the laws of their creation, and always subject to the same. (746a)

Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana

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Succession Transcription – Atty. Mayol -

Juridical person may succeed under a will, provided they have personality at the time of testators death, unless they are prohibited by a provision in their charter or the laws of their creation

//JINKY SECTION 2. - Capacity to Succeed by Will of by Intestacy Art. 1024. Persons not incapacitated by law may succeed by will or ab intestato. The provisions relating to incapacity by will are equally applicable to intestate succession. (744, 914) ⇒ Capacitated to succeed – those who are not incapacitated  Art. 1025. 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. 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. (n) ⇒ Natural persons o Created by God with valuable assistance of your parents  o Juridical personally is acquired through birth o Must be living or o At least conceived at the time the succession opens (subject to fulfillment of Art. 41, FC) – alive at the time you separated from your mother’s womb  ART 41, FC For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mother's womb. However, if the fetus 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. Art. 1026. A testamentary disposition may be made to the State, provinces, municipal corporations, private corporations, organizations, or associations for religious, scientific, cultural, educational, or charitable purposes. All other corporations or entities may succeed under a will, unless there is a provision to the contrary in their charter or the laws of their creation, and always subject to the same. (746a) ⇒ Juridical persons o Testamentary heir but NOT legal heir o Can’t make a will o Must have juridical personality o Corporations, associations, charitable institutions - Duly issued with certificate of incorporation by SEC o If public institution, government – already existing/operational at the time succession opens Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana

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Succession Transcription – Atty. Mayol 

If the laws creating that particular association or corporation (i.e.: charter, law of creation) has prohibition to inherit – they CAN’T

 INCAPATICATED TO SUCCEED o Art. 1027 – by reason of undue influence o Art. 1028 – by public morality o Art. 1032 – by reason of unworthiness Art. 1027. The following are incapable of succeeding: (1) 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; (2) 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; (3) 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; (4) 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; (5) Any physician, surgeon, nurse, health officer or druggist who took care of the testator during his last illness; (6) Individuals, associations and corporations not permitted by law to inherit. (745, 752, 753, 754a)  

BY REASON OF UNDUE INFLUENCE Applies ONLY to testamentary succession

⇒ Priest or minister – conclusively presumed o Any religious congregation o Reason: because there are enterprising priest who may capitalize the religion who might induce the testator for the purpose of selling his soul. o During his “last illness” – sickness that resulted to the death of the testator o There is no need to prove there is undue influence (conclusively presumed). You only need to prove that testator had confession with him before he died. o If there is a will before the confession, then the priest is not anymore prohibited because you cannot say that the priest has exercised undue influence. Because when you confess, it is believed that in that point in time, undue influence was exerted. o If advise lang – valid, not confession, no undue influence. o If testator confessed to a priest who is his son –  Ex: estate is ₱1M, testator gave ₱700,000 to son (who is also a priest), subsequently executed a will, then he died (will MUST be executed after the confession) • Disqualification – extends only to what was given by will; DOES NOT include legitime • So, he will receive ½ of estate, ₱500,000 (as legitime/compulsory heir) given to him by law

Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana

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Succession Transcription – Atty. Mayol • •

Remaining ₱200,000, cannot be given to him; disqualified to that extent Free portion (₱200,000 + ₱300,000) – given to only son (priest), because he is the legal heir (NOT because of the will)

⇒ Relatives of such priest or minister o Barred from inheriting  covers relative of priest within the fourth degree (consanguinity), or  group where the priest is a member ⇒ Guardians o Reason: guardians have moral ascendancy over the ward o Consolation: not at all disqualified. If your guardian is your ascendant, brother, sister or spouse, they can still receive inheritance o Ward makes will making guardian as beneficiary before final approval of final accounts – testamentary disposition of the ward – result of undue influence conclusively presumed ⇒ Attesting witness o includes spouse, parent, children, or anyone claiming from these persons ⇒ Medical worker who took care of the testator before he died o Physician, surgeon, nurse, health officer or druggist (pharmacist) o Even the children of the testator are covered in the prohibition, even if there is moral obligation to take care of them – should be regular, not isolated to qualify as someone who took care NOTE: Kinds of incapacity 1. Absolute – you cannot inherit from anybody by whatever circumstance • dead people • association or entity which are not permitted by the law creating them • charter creating does not permit the institute to inherit. You are a creature of the law. And the law does not allow you. (no 6 of 1027) 2. Relative – you cannot inherit from certain person under certain circumstance but you can inherit from others • Priests • Guardians • Art. 1027 (except #6) ⇒ Individuals, associations and corporations o NOT permitted by law to inherit o Absolute prohibition Art. 1028. The prohibitions mentioned in article 739, concerning donations inter vivos shall apply to testamentary provisions. (n)  

BY REASON OF PUBLIC MORALITY PERSONS MENTIONED IN ARTICLE 739, modified - AT THE TIME OF THE MAKING OF THE WILL(instead of donations kay succession man ta)

Art. 739. The following donations shall be void: Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana

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Succession Transcription – Atty. Mayol (1) Those made between persons who were guilty of adultery or concubinage at the time of the donation; (2) Those made between persons found guilty of the same criminal offense, in consideration thereof; (3) Those made to a public officer or his wife, descedants and ascendants, by reason of his office. ⇒ Incapable of succeeding o Guilty of adultery or concubinage at the time of the making of the will  No need for conviction – preponderance of evidence is enough o Persons guilty of criminal offense in consideration thereof o In favor of public officers by reason of public office //ILEEN ARTICLE 1032.The following are incapable of succeeding by reason of unworthiness: (1) Parents who have abandoned their children or induced their daughters to lead a corrupt or immoral life, or attempted against their virtue; (2) Any person who has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants; (3) 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; (4) 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; (5) Any person convicted of adultery or concubinage with the spouse of the testator; (6) Any person who by fraud, violence, intimidation, or undue influence should cause the testator to make a will or to change one already made; (7) 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; cdtai (8) Any person who falsifies or forges a supposed will of the decedent. These are the same enumeration you’ll see in 919 (disinheritance). In disinheritance, if you committed those grounds, what’s required is reconciliation to erase those. What will erase the grounds in case of unworthiness and therefore you’ll be restored to your former right and receive what is owing to you by inheritance? Condonation. (1033) ARTICLE 1033.The causes 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. To erase the ground for unworthiness which would have deprived you of the inheritance, all you need to do is to secure the pardon of the testator and that pardon may be implied or express. Implied, if you are instituted as an heir by the testator notwithstanding knowledge of the act that would have barred you from inheriting because of unworthiness. Express, if in writing he manifests that he already pardoned the act done by the heir. Pardon will restore the right of the heir who is otherwise unworthy. Reconciliation will restore the right of the heir who would have been validly disinherited.

Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana

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Succession Transcription – Atty. Mayol Since they have the same grounds, if I will make a will and disinherit the heir, can I do that? Yes. Supposing I can’t institute a will (therefore no disinheritance), can that heir inherit? No, assuming he committed an act of unworthiness. If the testator failed to disinherit in a will, the law will disqualify the heir being unworthy. What the testator failed to do in his lifetime, such as to disinherit, the law will effect the disqualification for him (1032), not by disinheritance but by being unworthy. Reconciliation (in disinheritance) is easier because it need not be done in writing, unlike condonation (in unworthiness) which requires pardon to be in writing (express: written pardon or implied: heir instituted in a will despite unworthiness). If ever there was an implied pardon, then he can inherit. If he was unworthy and subsequently there was reconciliation, that would be ineffective since that is not the remedy. On the other hand, if you have been disinherited then subsequently forgiven (but no reconciliation), will your right to inherit be restored? No. ARTICLE 1034.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. This applies to testate and intestate. For instance, if you’re a conditional heir and the testamentary disposition is subject to a condition that you’ll pass the 2013 Bar exam (suspensive condition), when will it be determined whether the condition is fulfilled or not? The testator died before the results were released and considering that the condition was not fulfilled at the time of the opening of the succession… it took 3 years more from the death of the testator for you to pass the Bar exam. There are 2 tests for you to inherit: 1. You must be qualified to inherit at the time of the death of the testator. 2. You must be qualified to inherit at the time of the fulfillment of the condition. Ex. When the testator died, you were qualified but the condition was not yet fulfilled. After 3 years, the condition was fulfilled but at that time, you’re no longer qualified because you were convicted of a crime against the spouse of the testator. You became unworthy because of the crime so you cannot inherit. //RUTH Art. 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. (760a) Art. 1039. Capacity to succeed is governed by the law of the nation of the decedent. (n) Art. 1040. 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. (762a) What is legal effect if the person is incapacitated but he insists in the possession and enjoyment of the property, both capacitated what is the sanction? Wa kay katungod kay Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana

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Succession Transcription – Atty. Mayol incapicated ka nevertheless he is in possession and enjoying the possession? What is the legal effect? Very practical, he is duty bound to return the property. Not only, but including the accessions, meaning the improvement by nature, as well as the fruits of that property which have been earned in the exercise of reasonable diligence. Importantly i-uli wa man kay katungod. What about accessions? These are fruits but increments done by nature… that is still included. If the xxx are prejudiced by the failure or neglect to return the property… what do you do? You resort to court action. What is the name? Action for the declaration of incapacity and Recovery of real property, if ever it involves real property. At the same time reconveyance of the property which is possessed by him without authority of law. You pray for the return of the property. The action should brought WITHIN 5 YEARS from the time the DISQUALIFIED heir took POSSESSION thereof. The action must be BOTH for declaration AND recovery. If one brings the action only for a declaration of incapacity, he cannot recover possession. The action must include recovery of accessions, rentals, and fruits. Anyone who may have interest in the succession (the person who would inherit in place of the incapacitated heir) may bring the action. SECTION 3. - Acceptance and Repudiation of the Inheritance Art. 1041. The acceptance or repudiation of the inheritance is an act which is purely voluntary and free. (988) What is acceptance? The acceptance of the inheritance under the civil code is the act by which the person called to succeed by universal title either by the testator or by law manifests his will of making his own the universality of the rights and obligations before transmitted to him.(Tolentino) Just like contracts, it should be freely entered to. It should be free and voluntary. There should be no vitiated consent. It is likewise retroactive. Decedent died September 1, then 24 days from his death, you come to this sight as an heir that you’ll accept, the other one repudiates, you did it today September 25, when does the heir deemed to accepted or repudiated the inheritance? It dates back to September 1, and not today. Why retroactive to September 1? According to 777, the right to the succession is transmitted at the moment of the death of the decedent. So that to avoid in appoint in time where there is no owner. Ownership is characterized by continuity. To avoid a vacuum. Art. 1042. The effects of the acceptance or repudiation shall always retroact to the moment of the death of the decedent. (989) Art. 1043. No person may accept or repudiate an inheritance unless he is certain of the death of the person from whom he is to inherit, and of his right to the inheritance. (991) Still a description, same as the above provisions. What are the conditions precedent to be observed before succeeding? (1) Certainty of the death of the person from whom one is to inherit (2) You must be certain of our right that you can succeed One must be certain to his right to succeed because a will is ambulatory. It is subject to revocation.

Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana

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Succession Transcription – Atty. Mayol Art. 1044. Any person having the free disposal of his property may accept or repudiate an inheritance. Any inheritance left to minors or incapacitated persons may be accepted by their parents or guardians. Parents or guardians may repudiate the inheritance left to their wards only by judicial authorization. The right to accept an inheritance left to the poor shall belong to the persons designated by the testator to determine the beneficiaries and distribute the property, or in their default, to those mentioned in Article 1030. (992a) Art. 1045. The lawful representatives of corporations, associations, institutions and entities qualified to acquire property may accept any inheritance left to the latter, but in order to repudiate it, the approval of the court shall be necessary. (993a) Art. 1046. Public official establishments can neither accept nor repudiate an inheritance without the approval of the government. (994) Art. 1047. A married woman of age may repudiate an inheritance without the consent of her husband. (995a) Take note in repudiation, the above provision provides that they can only repudiate with judicial approval or authorization. They can accept without judicial approval. The guardians for their wards. Agents or representative of corporations, associations, and institutions. Art. 1048. Deaf-mutes who can read and write may accept or repudiate the inheritance personally or through an agent. Should they not be able to read and write, the inheritance shall be accepted by their guardians. These guardians may repudiate the same with judicial approval. (996a) Art. 1049. Acceptance may be express or tacit. An express acceptance must be made in a public or private document. A tacit acceptance is one resulting from acts by which the intention to accept is necessarily implied, or which one would have no right to do except in the capacity of an heir. Acts of mere preservation or provisional administration do not imply an acceptance of the inheritance if, through such acts, the title or capacity of an heir has not been assumed. (999a) Acceptance may be EXPRESS or TACIT (implied) and third which is unlisted is PRESUMED (Art. 1057). Art. 1050. An inheritance is deemed accepted: (1) If the heirs sells, donates, or assigns his right to a stranger, or to his coheirs, or to any of them; (2) If the heir renounces the same, even though gratuitously, for the benefit of one or more of his co-heirs; (3) If he renounces it for a price in favor of all his co-heirs indiscriminately; but if this renunciation should be gratuitous, and the co-heirs in whose favor it is made are those upon whom the portion renounced should devolve by virtue of accretion, the inheritance shall not be deemed as accepted. (1000) Instances were an inheritance is deemed accepted: 1. If the HEIR sells, donates, or assigns to ANY PERSON. 2. If the heir RENOUNCES even though gratuitously for the benefit of his co-heirs. 3. Renounces for a price in favor of all his co-heirs indiscriminately

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Succession Transcription – Atty. Mayol There must have been a point in time in which he accepted because to sell, donate or assign, one must be the owner. If you are not the owner of the thing, you cannot sell or transfer ownership. Same in the case of donation, donation inter vivos, one must be the owner. In renunciation, there must be some BENEFITED. It is considered as implied acceptance. Because you are dictating were the property will go or will be transferred. It presupposes that you accept it for the benefit of someone else. There is a price or consideration. It is clear that when you renounce for a price, there is a consideration. You accepted it because there is a price. Art. 1051. The repudiation of an inheritance shall be made in a public or authentic instrument, or by petition presented to the court having jurisdiction over the testamentary or intestate proceedings. (1008) The repudiation shall be made in a public or authentic instrument. Why should it be made in a public document? Is a public document not authentic? Why is it stated in the law? Authentic is placed to emphasize the importance that it is genuine and is duly proved. That is why it is strict in repudiation. Art. 1052. If the heir repudiates the inheritance to the prejudice of his own creditors, the latter may petition the court to authorize them to accept it in the name of the heir. The acceptance shall benefit the creditors only to an extent sufficient to cover the amount of their credits. The excess, should there be any, shall in no case pertain to the renouncer, but shall be adjudicated to the persons to whom, in accordance with the rules established in this Code, it may belong. (1001) The remedy of the creditor of the heir-debtor is to petition the court. The petition contains that the creditor be allowed to accept the inheritance in the name of the heir to accept the amount to the extent of the credit. You can recover only to the extent of the credit. Art. 1053. If the heir should die without having accepted or repudiated the inheritance his right shall be transmitted to his heirs. (1006) Art. 1054. Should there be several heirs called to the inheritance, some of them may accept and the others may repudiate it. (1007a) Combine these two provisions. If the heir died without acceptance or repudiation, the right is transmissible to his heirs. It is up to his heirs to accept or repudiate the inheritance. They refer to their individual capacity to accept or repudiate. Art. 1054 is based on Art. 1053. Art. 1055. If a person, who is called to the same inheritance as an heir by will and ab intestato, repudiates the inheritance in his capacity as a testamentary heir, he is understood to have repudiated it in both capacities. Should he repudiate it as an intestate heir, without knowledge of his being a testamentary heir, he may still accept it in the latter capacity. (1009) The basis of intestacy is the presumed will, had he been able to distribute it in his lifetime vis-à-vis in testamentary which there is a will which is the express will of the testator. Repudation of his capacity as a testamentary heir. During the lifetime of B, had a will in which the only disposition of his will is that the free portion goes to his only son A. Let us solve first the free portion. The free portion is the portion after all the legitime is satisfied. The legitime is half of the estate. The estate is 100k. 50k goes to A as his legitime. So there is a free portion of 50k. A chose to repudiate the disposition of the will to which the free disposable free portion would only go to him and to no one else. By will, the express will of the testator, which was in the last will and testament. .. what was given to him expressly by the testator, he rejected it. What happens to your legal share? Who gave you the legal share? It is the law based on the presumed will. Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana

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Succession Transcription – Atty. Mayol If your legal share is based on the presumed will who will prevail? Is it the presumed will? Or the express will? The express will will prevail. Since you repudiated what was given to you by will, which founded by express will of your father the testator, then you are deemed to have renounced also what was given to you based by law based on the presumed will. Therefore you are deemed to have repudiated it likewise. So repudiation which is based on the express will carries with it repudiation on the presumed will. But the same does not apply the other way around. As long as there is no fore knowledge of him being a testamentary heir. Art. 1056. The acceptance or repudiation of an inheritance, once made, is irrevocable, and cannot be impugned, except when it was made through any of the causes that vitiate consent, or when an unknown will appears. (997) Art. 1057. Within thirty days after the court has issued an order for the distribution of the estate in accordance with the Rules of Court, the heirs, devisees and legatees shall signify to the court having jurisdiction whether they accept or repudiate the inheritance. If they do not do so within that time, they are deemed to have accepted the inheritance. (n) //THIRDIE Art. 1055. If a person, who is called to the same inheritance as an heir by will and ab intestato, repudiates the inheritance in his capacity as a testamentary heir, he is understood to have repudiated it in both capacities. Should he repudiate it as an intestate heir, without knowledge of his being a testamentary heir, he may still accept it in the latter capacity. • Repudiation of the share as given in the will is an implied repudiation of one’s share in the estate given by law or intestate. (wa man gani ka nidawat sa gihatag og tuyo sa imong amahan, what more sa ihatag sa law.) • But repudiation of what is given by law does not mean repudiation of what was given expressly by will provided he repudiates without knowledge that he is also a testamentary heir. • Art. 1056. The acceptance or repudiation of an inheritance, once made, is irrevocable, and cannot be impugned, except when it was made through any of the causes that vitiate consent, or when an unknown will appears. (997) Art. 1057. Within thirty days after the court has issued an order for the distribution of the estate in accordance with the Rules of Court, the heirs, devisees and legatees shall signify to the court having jurisdiction whether they accept or repudiate the inheritance. If they do not do so within that time, they are deemed to have accepted the inheritance. • Presumption: Within 30 days after court order and the heirs did not act whether to accept or repudiate = deemed an acceptance • Section 4. Executors and Administrators Art. 1058. All matters relating to the appointment, powers and duties of executors and administrators and concerning the administration of estates of deceased persons shall be governed by the Rules of Court. Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana

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Succession Transcription – Atty. Mayol Art. 1059. If the assets of the estate of a decedent which can be applied to the payment of debts are not sufficient for that purpose, the provisions of Articles 2239 to 2251 on Preference of Credits shall be observed, provided that the expenses referred to in Article 2244, No. 8, shall be those involved in the administration of the decedent's estate. Art. 1060. A corporation or association authorized to conduct the business of a trust company in the Philippines may be appointed as an executor, administrator, guardian of an estate, or trustee, in like manner as an individual; but it shall not be appointed guardian of the person of a ward. Section 5. Collation Art. 1061. Every compulsory heir, who succeeds with other compulsory heirs, must bring into the mass of the estate any property or right which he may have received from the decedent, during the lifetime of the latter, by way of donation, or any other gratuitous title, in order that it may be computed in the determination of the legitime of each heir, and in the account of the partition. In rel. to Art. 909. Donations given to children shall be charged to their legitime. Donations made to strangers shall be charged to that part of the estate of which the testator could have disposed by his last will. Insofar as they may be inofficious or may exceed the disposable portion, they shall be reduced according to the rules established by this Code. Formula: Gross Estate -charges, debts Net Estate + collationable donation, if there is any Net distributable estate  Collationable donation – any donations or gratuitious title(called advance legitimes) received by compulsory heirs inter vivos must be brought to the estate for the determination of the legitimes  Donation inter vivos – during lifetime of the donor, effective during lifetime as soon as the contract is perfected as compared to mortis causa which is effective only upon death • Forms: Art. 748 – 749 (if not followed – void) Art. 748. The donation of a movable may be made orally or in writing. An oral donation requires the simultaneous delivery of the thing or of the document representing the right donated. If the value of the personal property donated exceeds five thousand pesos, the donation and the acceptance shall be made in writing, otherwise, the donation shall be void. (632a) Art. 749. In order that the donation of an immovable may be valid, it must be made in a public document, specifying therein the property donated and the value of the charges which the donee must satisfy. The acceptance may be made in the same deed of donation or in a separate public document, but it shall not take effect unless it is done during the lifetime of the donor. If the acceptance is made in a separate instrument, the donor shall be notified thereof in an authentic form, and this step shall be noted in both instruments. Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana

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Succession Transcription – Atty. Mayol  Personal property – verbal acceptance but if exceeding 5k, acceptance must be in writing  Immovable property – public instrument  Other gratuitous title – these are those other than donation • Example: the father provided for the materials and labor for the repair of one of the heirs house. Such cost is collationable. This is indirect donation. • Other examples: condonation of an heir’s debt, purchase of a land and registering with the name of an heir – these are collationable EXCLUSIONS FROM COLLATION – these are non-collationable items: • Art. 1063, 65, 66, 67 , 68 1. Property left by will (Art. 1063) Art. 1063. Property left by will is not deemed subject to collation, if the testator has not otherwise provided, but the legitime shall in any case remain unimpaired. • Because a collationable item should be received only during the lifetime of the testator. In the case of a will, a property is only received upon death. 2. Art. 1065 Art. 1065. Parents are not obliged to bring to collation in the inheritance of their ascendants any property which may have been donated by the latter to their children. A (donor) Donation

D C (donee)

cannot collate the donated property because he is not the recipient

3. Art. 1066 Art. 1066. Neither shall donations to the spouse of the child be brought to collation; but if they have been given by the parent to the spouses jointly, the child shall be obliged to bring to collation one-half of the thing donated. Donated property – P 2M A (donor) D

W –wife (donee)

GR: P 2M property should not be collated. Same reason as Art. 1065, D is not the recipient. EXC: if the property was donated JOINTLY, it was donated to both spouses. D shall bring to collation one-half of the thing donated. Here, only P 1M shall be collated. 4. Art. 1067 Art. 1067. Expenses for support, education, medical attendance, even in extraordinary illness, apprenticeship, ordinary equipment, or customary gifts are not subject to collation. • Support – expenses for sustenance, clothing, etc. 5. Art. 1068 Art. 1068. Expenses incurred by the parents in giving their children a professional, vocational or other career shall not be brought to collation unless the parents so provide, or unless they impair the legitime; but when their collation is required, the sum which the child would have spent if he

Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana

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Succession Transcription – Atty. Mayol had lived in the house and company of his parents shall be deducted therefrom. • this is legal obligation of the parents, part of support, transportation – going to school and back

16

//DONN ARTICLE 1073. The donee's share of the estate shall be reduced by an amount equal to that already received by him; and his co-heirs shall receive an equivalent, as much as possible, in property of the same nature, class and quality. A died intestate, survived by his legitimate children X, Y, and W. The net value of his estate is Php70,000. During his lifetime he made the following donations: W – 20,000, F (stranger) – 30,000. Distribute. Solution: Gross Estate 70,000 – Charges – 0 N Net Estate 70,000 + Collationable Donations + 20,000 30,000 Net Distributable Estate 120,000

Free Disposable Portion 60,000 – 30,000 (donation to F) 30,000 ÷ 3 10,000

Legitime – 60,000 X – 20,000 Y – 20,000 W – (20,000) (received inter vivos)

Distribution: LEGITIME FDP X – 20,000 + 10,000 = 30,000 Y – 20,000 + 10,000 = 30,000 Z– + 10,000 = 10,000 70,000 All donations inter vivos are to be collated except when they fall under the exceptions we have enumerated. Donation inter vivos given to the compulsory heir are charged to the legitime while donation to strangers are charged to the free portion. If A (testator) states in his will that the portion given intervivos to W shall not be collated, is the stipulation void? No. The collation is based on the presumed will and if compared to the express will of the testator, the express will shall prevail. Where the testator provides that the donation to W shall not be collated, it means that the 20,000 won’t be charged to the advanced legitime but instead charged to the free portion. Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana

Succession Transcription – Atty. Mayol If the donation inter vivos exceeds the legitime, the excess are to be returned because the donations are considered inofficious. ARTICLE 1070. Wedding gifts by parents and ascendants consisting of jewelry, clothing, and outfit, shall not be reduced as inofficious except insofar as they may exceed one-tenth of the sum which is disposable by will.

F A

B

C (wedding gift - 40,000)

Solution: Legitime – 120,000 A – 40,000 B – 40,000 C – (28,000) advance legitime 12,000

Distribution: LEGITIME FDP A – 40,000 + 36,000 = 76,000 B – 40,000 + 36,000 = 76,000 C – 12,000 + 36,000 = 48,000 200,000

The 10% shall be charged from the FDP. The amount exceeding 10% of the sum which is disposable by will shall be treated as advance legitime (40,000 – 12,000 = 28,000). //RUTH Art. 1078. Where there are two or more heirs, the whole estate of the decedent is, before its partition, owned in common by such heirs, subject to the payment of debts of the deceased. (Some of the few facts are missing coz na late ug record gamay) You can’t pinpoint your share of 1/5 because there is yet no division because it is still under co-ownership. The aliquot part, or the ideal share, or the proportional share, or the physical share, or abstract share are used interchangeably. If this property is 1 hectare then it is 10,000 square meters and 1/5 of that is 2,000 square meters. If you will be asked to pinpoint your 1/5 aliquot part of the share then you cannot pinpoint actually that 1/5 because it is still in co-ownership and there is no partition.

Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana

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Succession Transcription – Atty. Mayol Art. 1079. Partition, in general, is the separation, division and assignment of a thing held in common among those to whom it may belong. The thing itself may be divided, or its value. Co-ownership is frowned by law that is why partition is the remedy. When we say partition it is not always physical partition because there are instances when you can dispose the property and only the proceeds of the sale will be subject to partition. Upon the death of the father or mother or both of them then their children will inherit then such children will be co-heirs and they are co-owners. In this case, co-ownership arises by reason of succession whether testate or intestate. There are many ways that co-ownership may arise. Q: Who can demand partition? May partition be demanded by a compulsory heir? Ans: Partition may be demanded by a compulsory heir, voluntary heir, legatee, devisee or any other person who may have interest on the property of the subject matter of partition. Meaning that person is a beneficiary to that particular property. A co-owner will not be obliged to remain in the co-ownership and he can demand partition at any time. Q: When partition can’t be demanded? Ans: 1. When the co-owners agreed not to partition the common property for a period not exceeding 10 years. In this case, if all the co-owners agree not to partition the property and later on wants to partition it then that co-owner/s would now be estopped. No one is allowed to question such because they will be estopped in questioning their agreement not to partition. 2. When the Testator or Donor provides that the property shall not be partitioned for a period not exceeding 20 years. Art. 904. The testator cannot deprive his compulsory heirs of their legitime, except in cases expressly specified by law. Neither can he impose upon the same any burden, encumbrance, condition, or substitution of any kind whatsoever. Article 904 states that legitime must be given free but it is SUBJECT TO A CONDITION. Because the restriction or prohibition of the testator not to partition the property includes the legitime. Art. 1083. Every co-heir has a right to demand the division of the estate unless the testator should have expressly forbidden its partition, in which case the period of indivision shall not exceed twenty years as provided in article 494. This power of the testator to prohibit division applies to the legitime. Even though forbidden by the testator, the co-ownership terminates when any of the causes for which partnership is dissolved takes place, or when the court finds for compelling reasons that division should be ordered, upon petition of one of the co-heirs. Article 1083 provides that legitime is indeed subject to a condition. Art. 1085. In the partition of the estate, equality shall be observed as far as possible, dividing the property into lots, or assigning to each of the co-heirs things of the same nature, quality and kind.

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Succession Transcription – Atty. Mayol Art. 1088. Should any of the heirs sell his hereditary rights to a stranger before the partition, any or all of the co-heirs may be subrogated to the rights of the purchaser by reimbursing him for the price of the sale, provided they do so within the period of one month from the time they were notified in writing of the sale by the vendor. Y 200,000 P 100, 000 A B C D

E

This is the property owned in common by A,B,C,D and E. There is no partition yet and each heir has a 1/5 share. Q: Is it legally permissible if one of the co-heir who is also the co-owner to dispose by way of sale of his hereditary right? ANS: YES! Even if the property is not partitioned yet. You only dispose of your hereditary right not the specific property because you can’t pinpoint. You just have to describe your property and say my hereditary right to the property above described equivalent to 1/5. You can’t specifically determine the metes and bounds of your share there being no partition. In this case, P purchased the hereditary right for 100,000. Q: What are the right of B,C,D and E? ANS: They can exercise the right of legal redemption. They can redeem that whether or not P will agree. This legal redemption is by operation of law. For legal redemption to apply, the following requisites must all be present: a. b. c. d. e.

There must be two or more heirs – plurality of heirs One of the co-heir sold his hereditary right to a stranger The sale was made before the partition of the property That the buyer is a stranger – any person other than the co-owners concerned The redemptioner must reimburse the purchaser the value of the purchase price

Q: if there is already partition, what will happen? ANS: There can still be legal redemption not under article 1088 but this time under article 1620 will apply. Q: Supposing A sold it to another co-heir who is B. Can there be legal redemption? ANS: NO! The redemption is permitted because the law frowns on co-ownership. Therefore, if you sell your share to B then there will only be 4 co-owners left. But if you sold it to P, then there will still be 5 co-owners. That’s why the law discouraged co-ownership because it is the source of conflict of rights. That is why legal redemption is permitted in order to minimize the number of co-owners. Q: Supposing B and C decided to redeem. Who shall be favored? ANS: Nobody is favored. B and C can redeem and they will divide the property in equal shares. Therefore, ½ of 1/5 belongs to B and the other half to C. And when it comes to partition, B and C will have a higher amount of share. If the property is 10,000 square meters then each of the co-owner is entitled to 2,000 square meters. B and C will be receiving 3,000 square meters each. Q: Can B,C,D and E redeem at the same time?

Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana

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Succession Transcription – Atty. Mayol ANS: Yes! They have to divide the 1/5 share into 4. So, if 2,000 square meters then each of the co-owner will have an increment of 500 square meters. By the time of partition they will be receiving 2,500 square meters each. They stand in equal footing when it comes to redemption. If a co-owner will decide to redeem he has to do it within the prescriptive period. Do that within 30 days from notice in writing. Q: Supposing that you had knowledge that it was sold by your co-heir. Will that alone be sufficient? ANS: It’s not sufficient for it has to be within 30 days from the notice in writing. It is MANDATORY! Q: Supposed P purchased it for 100,000 and later on P sold it to Y for 200,000. Which value is to be paid for the purpose of redeeming the property? ANS: only the 100,000. I this case, it is the fault of Y because una siya nipalit he should have known that it is subject to the right of the other co-heirs. Hence, Y bought it at his own risk. Do not ever think that after partition it could no longer be done. The only difference is that if the transfer of the property by way of sale took place after the partition then we are not going to use article 1088 rather we are going to use article 1620. In Partition we have to hire a private surveyor to determine the metes and bounds. It is because in your title it is only stated “more or less” and it’s not the accurate area. Art. 1091. A partition legally made confers upon each heir the exclusive ownership of the property adjudicated to him. Q: What are the effects of partition? Ans: It confers exclusive ownership to the owner whom the property is adjudicated. After the partition you are already the OWNER. Article 1091 and 1092 are the twin effects of partition. Art. 1092. After the partition has been made, the co-heirs shall be reciprocally bound to warrant the title to, and the quality of, each property adjudicated. Another effect is article 1092. Ig human ug partition nila B,C,D and E they have to warrant against eviction. All the previous co-owners will have to warrant against eviction. Warrant the peaceful possession and enjoyment of the property. You assure the co-owner that he will not be deprived of his possession and enjoyment. Eviction is by virtue of final judgment based on a right existing prior to the partition, the coowner is deprived either totally or partially of the thing adjudicated to him. Notice of final judgment is this applicable here in Succession? Not necessarily, it is enough that you are disturbed. Not necessarily to be evicted by somebody else whom may have a rightful claim over the share adjudicated to you. So, kana lang ang pagdisturb nimo kay apil nana siya. Notice of final judgment is not required in succession in cases of eviction. There is already eviction if you are disturbed in your possession and enjoyment. And as to quality also you have to warrant against hidden defects with respect to movables. //Ching

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Succession Transcription – Atty. Mayol Art. 1098. A partition, judicial or extra-judicial, may also be rescinded on account of lesion, when any one of the co-heirs received things whose value is less, by at least one-fourth, than the share to which he is entitled, considering the value of the things at the time they were adjudicated.  There is a contract valued 10,000. You were given only 7,500 instead of 10,000, alkansi ka ug ¼. Can you rescind?  No, because that is equivalent to ¼. It has to be more than ¼.  You own a room that is leased for 10,000 per month. Gipa abangan lang ug 7,000. Can you rescind the contract of lease?  Yes, because the extent of lesion is more than ¼. • Sa ato pa class, kanang pag bahin-bahin bale wala rana kay alkansi man ko. There is a lesion, I have suffered, I am one of the co-owne.  How much lesion must that co-owner suffer to warrant rescission?  Different with rescission of contract in general. • In Art. 1098, exactly ¼ is sufficient. In contracts, in general, it should be more than ¼. • You rescind the partition by reason of economic damage or prejudice of a co-owner. • The co-owner sustained financial damage of exactly ¼. Therefore, duha ra gyud ang buhaton: 1. Rescind the partition 2. Indemnify the co-owner of the amount of deficiency - The other co-owners will contribute an amount in proportion to what they received (proportionate to their interest).  If a co-owner received only 80,000 instead of 100,000, lesion is 20,000 or 1/5, can the co-owner rescind?  No. ¼ is the minimum.  Remedy: ask for damages from the other co-owners.  You may also ask for the deficiency from the other co-owners. Art. 1103. The omission of one or more objects or securities of the inheritance shall not cause the rescission of the partition on the ground of lesion, but the partition shall be completed by the distribution of the objects or securities which have been omitted.  Is there such thing as preterition in partition?  Yes. • Pag binahinay na, wa na ka hatagi. It was intended for you to receive something but you were not given anything. • If you are preterated, you can demand the equivalent value you are suppose to receive. You cannot annul or rescind, unless if there is bad faith or fraud. • Supposing there is a person who is not an heir but was given your share, there is intrusion. A stranger to the inheritance became an heir of a property he/she is not supposed to receive. - Status: it is void with respect to that particular person.  There are suppose to be only 5 heirs but it became 6 because naay lain ni apil, si X. That partition is void with respect to X only. You cannot entirely nullify the partition. Art. 924. All things and rights which are within the commerce of man may be bequeathed or devised. • Object of a legacy or devise (Art. 924) o Legacy- personal property o Devise- immovable property Art. 925. A testator may charge with legacies and devises not only his compulsory heirs but also the legatees and devisees. Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana

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Succession Transcription – Atty. Mayol The latter shall be liable for the charge only to the extent of the value of the legacy or the devise received by them. The compulsory heirs shall not be liable for the charge beyond the amount of the free portion given them. • Persons charged to give the legacy or devise: 1. Any person charged by the testator - May be the compulsory heirs, may be the legatee or the devisee. - Persons who may have interest over the property may be the object of the testator’s charge.  Example, walay gisugo ang testator. Walay gsugo na compulsory heir, voluntary heir, legatee or devisee. Ni ingnon lang siya “to give a legacy to Juan dela Cruz in the amount of P50,000. Nobody is charged.”  If nobody is charged, the estate will give it through the executor or administrator. 2. The estate - Executor: person appointed by the testator in his last will and testament. - Administrator: if there is no executor appointed. The court will appoint an administrator. 

You were given 1M legacy but you were charged by the testator to give 400,000 in favor of Juan dela Cruz.  1M is the legacy while the 400,000 is the sub-legacy.

Art. 927. If two or more heirs take possession of the estate, they shall be solidarily liable for the loss or destruction of a thing devised or bequeathed, even though only one of them should have been negligent.  You are in possession of the thing. Gi-tagaan ka tnuod pero pa taga-on ka ug auto niya unya gawas sa inyong ka kiat, naguba.  There were siblings who took possession of the thing, a car, to be given to a legatee. Gi-dala nila ang auto pag pamista nila unya na disgrasya nuon. Ang nag-kiat ang ga drive ra, ang usa natulog.  The heirs who took possession of the property object of a legacy will be solidarily liable. Art. 911. • Order of payment of the net hereditary estate: 1. Legitimes 2. Donations inter vivos 3. Preferred legacies and devises 4. All other legacies and devises pro rata Art. 950. If the estate should not be sufficient to cover all the legacies and devises, their payment shall be made in the following order: (1) Remuneratory legacies and devises; (2) Legacies and devises declared by the testator to be preferential; (3) Legacies for support; (4) Legacies for education; (5) Legacies or devises of a specific, determinate thing which forms a part of the estate; (6) All others, pro rata. 

Estate is 50,000. Unya daghan kaau siya ug gi-hatag. A= 40,000 for education B= 30,000 for support C= 20,000 remunerative legacy Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana

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Succession Transcription – Atty. Mayol

•

•

D= 10,000 preferred legacy Distribute the legacies.  1. Remunerative= 20,000 2. Preferred= 10,000 3. Support= 20,000  Kung asa ra kutob ang kwarta. When to use Art. 950 and when to use Art. 911? o If in the problem there is a legitime to be given, that is involved, associated with legacies and devises to be given, and the estate is not enough, always use Art. 911. - If there is a legitime to be satisfied, associated with legacies or devises, use Art. 911. - In Art. 950, there are no legitime and donation inter vivos involved. It is purely legacies and devises. o Supposing there is no legitime to be satisfied but the legacies and the devises are again associated with donation inter vivos, use Art. 911. - If their legitime and donation inter vivos interfering with the legacies and devises, use Art. 911. o If it concerns legacies and devises only, no interference of the legitime and donation inter vivos, use Art. 950. In Art. 911, maka-dawat ang tana pero magka-minus kay pro rated k yang estate kuwang. In Art. 950, naay di maka-dawat kay kung asa kutob ang asset, mao ra man na.

//Eunice Art. 930. The legacy or devise of a thing belonging to another person is void, if the testator erroneously believed that the thing pertained to him. But if the thing bequeathed, though not belonging to the testator when he made the will, afterwards becomes his, by whatever title, the disposition shall take effect. Art. 931. If the testator orders that a thing belonging to another be acquired in order that it be given to a legatee or devisee, the heir upon whom the obligation is imposed or the estate must acquire it and give the same to the legatee or devisee; but if the owner of the thing refuses to alienate the same, or demands an excessive price therefor, the heir or the estate shall only be obliged to give the just value of the thing. Discussion on Art. 930-31.

Things owned by another

Erroneously believing that the object is his (Art. 930)

With knowledge that it is NOT his (Art. 931)

VOID

If that another person continuously owns it Subsequently acquires the thing

VALID own)

There is an order for its acquisition & successful

VALID

It cant be acquired (price is exorbitant)

(cant give what u do not

VALID (give just value)

Art. 932. The legacy or devise of a thing which at the time of the execution of the will already belonged to the legatee or devisee shall be ineffective, even though another person may have some interest therein. If the testator expressly orders that the thing be freed from such interest or encumbrance, the legacy or devise shall be valid to that extent. (866a) Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana

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Succession Transcription – Atty. Mayol Art. 933. If the thing bequeathed belonged to the legatee or devisee at the time of the execution of the will, the legacy or devise shall be without effect, even though it may have subsequently alienated by him. If the legatee or devisee acquires it gratuitously after such time, he can claim nothing by virtue of the legacy or devise; but if it has been acquired by onerous title he can demand reimbursement from the heir or the estate. (878a)

Things owned by another

//Reeld,

Already owned by LEE or DEE at the time of making the will (Art. 932)

Already owned by LEE or DEE at the time of making the will but alienated the same to somebody else and reacquired it: (Art. 933)

VOID

through Onerous title

LEE/DEE can ask for reimbursement from the estate

through Gratuitous title

can claim nothing

Zeny

Bautista/ Lesigues/ Novabos/ Oclarit/ Po/ Rosas/ Salvador/ Tantuan / Verana

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