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SUCCESSION II. PROVISIONS COMMON TO TESTATE AND INTESTATE SUCCESSION,…

- - - - INTESTATE SUCCESION REPUDIATION:
        SHARE OF THE PERSON WHO REPUDIATES SHALL ALWAYS ACCRUE TO HIS CO-HEIRS
        Article 1018. In legal succession the share of the person who repudiates the inheritance shall always accrue to his co-heirs. (981)
        
        PROPORTION:
        SAME PROPORTION UPON ACCRETION
        Article 1019. The heirs to whom the portion goes by the right of accretion take it in the same proportion that they inherit. (n)
        
        RIGHTS & OBLIGATIONS:
        ACCRETION COMES WITH ALL RIGHTS & OBLIGATIONS OF REPUDIATING CO-HEIR
        Article 1020. The heirs to whom the inheritance accrues shall succeed to all the rights and obligations which the heir who renounced or could not receive it would have had. (984)
        
        FREE PORTION:
        ACCRETION BETWEEN C-HEIRS AND/OR STRANGER IF FP IS LEFT TO THEM
        Article 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.
        
        IF TS & NO ACCRETION, SHARE TO INTESTATE HEIRS
        Article 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. (986)
        
        EXCEPT IF THERE IS SUBSTITUTION
        
        LEGITIME REPUDIATED:
        SHOULD THE PART REPUDIATED BE LEGITIME, CO-HEIRS SUCCEED IN THEIR OWN RIGHT AND NOT BY ACCRETION
        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)
        
        OTHERWISE PROVIDED
        An exception to the effects of this Article occurs when there is a contrary express provision in the will, [Paras]
        
        PURELY PERSONAL OBLIGATION
        or when the rights and obligations referred to are personally applicable only to the original heir, legatee, or devisee. [Paras]
        
        PROPORTION THEY INHERIT
        Example: A testator gave X, 1/2 of an undivided house, Y, 1/3, and Z, 1/6. If X repudiates his share, Y and Z will share in X’s portion in the proportion of 1/3 to 1/6 (2 to 1) because this was the proportion in which they had been instituted.
      - NOT EARMARKED:
        MONEY OR FUNGIBLE GOODS NOT EARMARKED SHALL BE INCLUDED IN 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. (983a)
      - "ONE-HALF FOR EACH"
        "IN EQUAL SHARES"
  - - - OCCASIONS FOR THE OPERATION OF ACCRETION
        (REASONS FOR VACANCY OF SHARE)
        
        Renunciation
        
        Incapacity; OR
        
        Predecease
        
        OTHER INSTANCES OF OPERATION FOR ACCRETION
        
        Non-fulfillment of a condition
        
        Presumptive Death
        
        Inefficacy or nullity of the will
        
        MA'AM: No accretion in Heirs of Soliva v. Cenon
        
        Heirs of Soliva - No Accretion
        Why was there no accretion in Soliva?
        
        THERE IS REPRESENTATION IN
        INCAPACITY AND PREDECEASE
        In incapacity and predecease, representation to the legitime takes precedence over accretion.
        Only happens in the
        
        Direct and
        
        Descending
        
        MA'AM:
        THERE IS NO REPRESENTATION IN REPUDIATION
        In repudiation, there is no representation. In the case of voluntary heirs, there is no representation.
        If an heir is an heir by virtue of a will, there is no representation; exceptionally, there may be substitution if such will so provides
        
        MA'AM
        If representation cannot happen, there is no accretion.
        CORRECTION/REVISE:
        If representation CAN happen, there is no accretion
        
        REPRESENTATION TAKES PRECEDENCE IN BOTH TESTATE & INTESTATE SUCCESSION
        Representation also takes precedence in both testate and intestate succession.
        
        MA'AM: SUBSTITUTION IS PREFERRED OVER INTESTACY
        If the will provides that "there shall be no accretion", then you look at the institution of the will and check if there is substitution.
        Substitution is preferred over intestacy. Before you resort to intestacy, there must be substitution.
        
        MA'AM: TESTATE SUCCESSION IS PREFERRED OVER INTESTATE SUCCESSION
      - PLURALITY OF SUBJECTS
        Two or more heirs are called to succession
        UNITY OF OBJECT - PRO INDIVISO
        The same inheritance or potion thereof - pro indiviso
        RIP
        One or more of the heirs do not succeed by because of RIP (Renunciation, Incapacity, Predecease)
        
        PRO INDIVISO = AS UNDIVIDED
        What does pro indiviso mean?
        "As undivided" or "in common"
        
        Co-heirs may be instituted:
        
        Without individual designation of shares.
        
        Specifying the fractional share, such as "one-half each", "divided equally among" "1/2 to A, 1/4 to B, 1/4 to C""
        
        INDETERMINATE vs DETERMINATE
        
        Indeterminate - There can be accretion
        "I give my 30-storey house to X, Y , and Z"
        
        Determinate - NO Accretion
        "I give the first 10 floors to X, the second set of 10 floors to Y, and the third set of 10 floors to Z"
        
        EARMARKED vs NOT EARMARKED
        Not earmarked
        "I give all of the money in my bank account to X and Z"
        Earmarked:
        "I give all of the 500,000 pesos in my BDO deposit account to X and the 50,000 pesos in my BPI account"
  - - - ALIVE:
        MUST BE ALIVE WHEN SUCCESSION OPENS
        Article 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.
        
        WHO/WHAT
        TESTAMENTARY DISPOSITION MAY BE MADE TO (SPrMPOArscec)
        
        STATES
        
        PROVINCES
        
        MUNICIPAL CORPORATIONS
        
        PRIVATE CORPORATIONS
        
        ORGANIZATIONS
        
        ASSOCIATIONS FOR (RSCECh)
        a. RELIGIOUS,
        b. SCIENTIFIC,
        c. CULTURAL,
        d. EDUCATIONAL; OR
        e. CHARITABLE PURPOSES
        Article 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.
        (Art. 1026 para. 1)
        
        ALL OTHER CORPORATIONS OR ENTITIES MAY SUCCEED BY WILL
        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)
        (Art. 1026 para. 2)
        
        UNLESS THERE IS A PROVISION TO THE CONTRARY IN THEIR CHARTERS OR LAWS OF THEIR CREATION
        
        INDIVIDUALS, ASSOCIATIONS, AND CORPORATIONS NOT PERMITTED BY LAW TO INHERIT
        (6) Individuals, associations and corporations not permitted by law to inherit.
        (Art. 1027)
        
        CONCEIVED:
        UPON CONCEPTION (NOT JUST BIRTH), CHILD IS CAPABLE OF SUCCESSION,
        IF IT IS BORN LATER
        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)
        
        "BORN" IF ALIVE UPON COMPLETE DELIVERY
        Article 41. For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the mother's womb.
        
        EXCEPT IF:
        
        LESS THAN 7Mos. OF INTRA-UTERINE LIFE,
        
        DEAD WITHIN 24 HOURS AFTER DELIVERY
        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. (30a)
        
        EXCEPT IN CASES OF REPRESENTATION, (SUCH AS WHEN INCAPACITATED AND PREDECEASED)
      - INCAPACITY BY WILL EQUALLY APPLY TO INTESTATE SUCCESSION
        The provisions relating to incapacity by will are equally applicable to intestate succession.
    - - REPRESENTATION OF INCAPACITATED HEIR
        1035-1040
        
        REPRESENTATION IN INCAPACITY
        Article 1035. 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.
        
        ALIENATIONS BY EXCLUDED HEIR OF HEREDITARY PROPERTY VALID IF:
        
        BEFORE JUDICIAL ORDER
        
        THIRD PERSONS ACTED IN GOOD FAITH
        Article 1036. 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;
        
        UNWORTHY HEIR HAS A RIGHT TO...
        
        NECESSARY EXPENSES
        
        CREDITS AS CREDITOR AGAINST ESTATE
        Article 1037. 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. (n)
        
        INCAPACITATED PERSONS WHO POSSESS PROPERTY ARE OBLIGED TO RETURN IT WITH ITS ACCESSIONS
        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.
        
        CAPACITY TO SUCCEED IS GOVERNED BY LAW OF NATION OF DECEDENT
        Article 1039. Capacity to succeed is governed by the law of the nation of the decedent. (n)
        
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        HE IS LIABLE FOR ALL THE FRUITS & RENTS HE RECEIVED OR COULD HAVE RECEIVED THROUGH EXERCISE OF DUE DILIGENCE
        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)
        
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        RULES ON POSSESSION IN BAD FAITH APPLY
        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;
        (Balane J&J)
        
        THESE ARE NECESSARY EXPENSES, GRANTED TO A POSSESSOR IN BAD FAITH
        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
        [Vide Articles 443 & 546, par. 1, both of which by down the same rule)
        
        DAMAGES:
        CO-HEIRS HAVE A RIGHT TO RECOVER DAMAGES FROM DQ'ED HEIR
        but the co-heirs shall have a right to recover damages from the disqualified heir. (n)
        
        VALIDITY OF ALIENATION IS DETERMINED BY GF OR BF OF TRANSFEREE, NOT TRANSFEROR
        I. 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).
        (Paras)
        
        REQUISITES OF TRANSFEREE'S GOOD FAITH:
        
        ACQUIRED THE THING FOR VALUE AND
        
        W/O KNOWLEDGE OF DEFECT
        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.
        (Balane J&J) (Kindly verify)
        
        RIGHTFUL HEIRS MAY GO AFTER DQ'ED HEIR FOR DAMAGES
        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.
        (Balane J&J)
        
        DONEE CANNOT CLAIM THE BENEFIT OF THIS PROVISION, SINCE HE DID NOT ACQUIRE FOR VALUE
        Thus, a donee cannot claim the benefit of this provision, since he did not acquire for value.
        (Balane J&J)
        (Kindly verify as this is not in the provision)
        
        INACAPACITATED PERSON SHALL NOT ENJOY USUFRUCT/ADMINISTRATION OF PROPERTY INHERITED BY HIS CHILDREN
        The person so excluded shall NOT enjoy the usufruct and administration of the property thus inherited by his children. (761a)
        
        SHOULD BE READ TOGETHER WITH
        ART. 225-226
        Articles 225-226 of the Family Code should be read together with the second paragraph of this article:
        
        AS TO USUFRUCT, THIS IS REDUNDANT
        A. As to usufruct—
        The prohibition in this provision has become unnecessary because of Article 226, par. 2
        (Family Code).4
        
        AS TO ADMINISTRATION, DQ REMAINS AND THIS RIGHT SHALL BE EXERCISED BY A:
        
        JUDICIALLY APPOINTED GUARDIAN
        
        THOSE VESTED BY LAW WITH SUBSTITUTE PARENTAL AUTHORITY
        B. As to administration.—
        The disqualification remains, and this right shall be exercised either by a judicially appointed guardian or those vested by law with substitute parental authority [Vide Article 216, Family Code).
        
        REPRESENTATION IN UNWORTHINESS
        Unworthiness is one of the three occasions for representation to operate. Vide comments under Representation (Articles 970-977)
        (Balane J&J)
        
        EXTENT OF REPRESENTATION IN UNWORTHINESS: NOT ONLY LEGITIME, BUT ALSO INTESTATE SUCCESSION, IF ANY
        Extent of Representation—Representation in unworthiness (as also in predecease and disinheritance) extends not only to the legitime, but also to whatever portion in intestate succession the person represented may have been entitled to.
        The first paragraph of this article should not be taken to imply that representation is confined to the legitime.
        (Balane J&J)
        
        IF UNWORTHY HEIR
        Representation in the collateral line—If the unworthy heir is a brother or sister, his children (nephews and nieces of the decedent) will represent. Vide Article 972, par. 2
        (Balane J&J)
        
        NO RIGHT OF REPRESENTATION WITH REFERENCE TO FREE PORTION
        (If there is a will) There is no right of representation with reference to the free portion. (Art. 970; Art. 856, par. 2). (Paras)
        
        Testacy is preferred over intestacy
        Capacity is preferred over incapacity
        
        ACCEPTANCE &
        REPUDIATION OF THE INHERITANCE
        (SECTION 3)
        
        VOLUNTARY
        &
        FREE
        Article 1041. The acceptance or repudiation of the inheritance is an act which is purely voluntary and free. (988)
        
        RETROACTS TO THE MOMENT OF
        DEATH OF THE DECEDENT
        Article 1042. The effects of the acceptance or repudiation shall always retroact to the moment of the death of the decedent. (989)
        
        REQUISITES TO ACCEPT/REPUDIATE:
        CERTAIN OF**
        
        DEATH OF TESTATOR
        
        RIGHT TO INHERITANCE
        
        FREE DISPOSAL OF PROPERTY
        Article 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)
        
        FREE DISPOSAL OF PROPERTY
        Article 1044. Any person having the free disposal of his property may accept or repudiate an inheritance.
        
        REPRESENTATIVES MAY
        
        ACCEPT
        
        REPUDIATE**
        a. REQUIRES COURT APPROVAL
        Article 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)
        
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        REQUISITES OF ACCEPTANCE/REPUDIATION
        
        CERTAIN OF DEATH
        
        CERTAIN OF RIGHT TO INHERITANCE
        
        FREE DISPOSAL OF HIS PROPERTY
        
        OWNER FROM MOMENT OF DEATH
        Heir is deemed owner from the moment of death
        
        REPUDIATE = HEIR NEVER OWNED THE PROPERTY
        Upon repudiation, the co-heirs become the co-owners
        
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        Intimidation = Repudiation revocable
        
        The rule enunciated in Art. 1041 also applies to donations inter vivos and to remission of debts.
        
        Article 1347. All things which are not outside the commerce of men, including future things, may be the object of a contract. All rights which are not intransmissible may also be the object of contracts.
        No contract may be entered into upon future inheritance except in cases expressly authorized by law.
        All services which are not contrary to law, morals, good customs, public order or public policy may likewise be the object of a contract. (1271a)
        
        WHAT IS FUTURE INHERITANCE?
        For inheritance to be considered "future", the succession must not have been opened at the time of the contract
        (Ferrer v. Spouses Diaz, G.R. No. 165300, [April 23, 2010], 633 PHIL 244-265)
        
        REQUISITES OF A CONTRACT ON A FUTURE INHERITANCE
        A contract may be classified as a contract upon future inheritance, prohibited under the second paragraph of Article 1347, where the following requisites concur:
        
        UNOPENED SUCCESSION -
        SUCCESSION HAS NOT BEEN OPENED
        That the succession has not yet been opened;
        
        OBJECT OF THE CONTRACT FORMS PART OF THE INHERITANCE
        That the object of the contract forms part of the inheritance; and,
        
        PROMISSOR HAS, WITH RESPECT TO THE OBJECT, AN EXPECTANCY OF A RIGHT WHICH IS PURELY HEREDITARY IN NATURE
        That the promissor has, with respect to the object, an expectancy of a right which is purely hereditary in nature.
        
        ||| (Ferrer v. Spouses Diaz, G.R. No. 165300, [April 23, 2010], 633 PHIL 244-265)
        
        CONTRACT ON FUTURE INHERITANCE VOIDED ENTIRELY
        It is the ENTIRE contract that is voided. Thus, any other provision or a claim in the instrument is null and void as well
        (Ferrer v. Spouses Diaz)
        
        "FUTURE" INHERITANCE IS PROPERTY FROM WOULD-BE DECEDENT WHO IS
        STILL ALIVE
        The inheritance is “future” if the person from whom the property is expected to come is still alive. However, once there has been a death, the “right of inheritance is not merely in the nature of a hope,” but an actual right. And this is so, even PRIOR to partition. This is because the right accrues from the moment of death. (See Saturnino v. Paulino, L-7385, May 19, 1955).
        
        Ma'am:
        Those who acquire legitime are
        
        Descendants
        
        Spouse (wait how?)
        -Spouses are entitled to legitime in the first place. This excludes common law spouses
        
        EXECUTORS AND ADMINISTRATORS
        (SECTION 4)
        
        WHO EXECUTES/ADMINISTRATES?
        
        EXECUTOR (W)
        a. WILL
        
        REGULAR ADMINISTRATOR (NWIRF) -
        a. NO WILL; OR
        b. WILL BUT NO EXECUTOR;
        c. INCOMPETENT,
        d. REFUSES,
        e. FAILED TO GIVE A BOND
        
        SPECIAL ADMINISTRATOR (WRMT) -
        a. WILL,
        b. RECOVER OWN CREDIT or CLAIM,
        c. MINOR,
        d. TEMPORARY
        
        QUALIFICATIONS
        
        Not a minor
        
        PH resident
        
        Not unfit
        a. Solvent
        b. Not hostile
        
        POWERS AND DUTIES OF
        EXECUTIVE AND ADMINISTRATIONS,
        WITHOUT DELAY
        Conditional obligations (IAAPP)
        
        INVENTORY 3 months
        
        ADMINISTER ALL PROPERTIES
        
        ACCOUNTING: 1 year
        
        PERFORM ALL COURT ORDERS
        
        PAY ATTY'S FEES
        
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        EXECUTOR CANNOT OFFICIALLY ACT BEFORE COURT CONFIRMS APPOINTMENT
        An executor of a will cannot offi cially act as such before his appointment is confi rmed by the court.
        
        OTHERWISE, EXECUTOR DE SON TORT
        If he acts as one before said time, he is called an executor de son tort (“in his own wrong”)
        
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        DEATH REQUIRED FOR APPOINTMENT
        No executor or administrator must be appointed till there is proof of the decedent’s death. (Sy Hong v. Sy Lioc Suy, 10 Phil. 209)
        
        ADMINISTRATOR PENDENTE LITE or
        SPECIAL ADMINISTRATOR: APPOINTED MEANTIME TO:
        
        TAKE CHARGE OF ESTATE
        a. IF THERE IS DELAY IN APPOINTMENT OF REGULAR EXECUTOR/ADMINISTRATOR
        e.g. WHEN THERE IS APPEAL FROM ALLOWANCE/DISALLOWANCE OF WILL
        An administrator pendente lite or special administrator is one who is appointed in the meantime to take charge of the estate, where there is a delay in the appointment of the regular executor or administrator — a delay occasioned by certain causes such as an appeal from the allowance or disallowance of a will. (See Rule 80, Sec. 1, Rules of Court).
        
        SPECIAL ADMINISTRATOR ALLOWED TO
        
        SELL PROPERTY
        a. WITH COURT APPROVAL
        A special administrator is allowed to sell part of the property, upon approval by the court...
        
        NOT PAY FOR DEBTS OF DECEASED
        ...but is NOT required or allowed to pay the debts of the deceased. (De Gala v. Gonzales, 54 Phil. 104; Rule 80, Sec. 2, Rules of Court).
        
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        ROC GOVERNS
        Article 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. (n)
        
        IF ESTATE INSOLVENT, POC GOVERNS
        Article 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. (n)
        
        CORPS/ASSOCS ATCTBOATC
        MAY BE APPOINTED AS EAGT
        Article 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.
        
        PROBATE COURT CANNOT ISSUE WRIT OF EXECUTION
        The general rule is that a probate court cannot issue a writ of execution. The probate court as such does not render any judgment enforceable by execution. (Pastor, Jr. v. CA)
        
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        ORDER OF PREFERENCE FOR APPOINTMENT OF REGULAR ADMINISTRATOR
        If no person is named in the will or the executors are incompetent, refuse the trust, or fail to give bond, or a person dies intestate, administration shall be granted:
        
        SURVIVING SPOUSE;
        NEXT OF KIN; OR
        BOTH
        (a) To the SURVIVING HUSBAND or WIFE, as the case may be, or NEXT OF KIN or BOTH, in the discretion of the court, or to such person as such surviving husband or wife or next of kin, requests to have appointed, if competent and willing to serve;
        
        PRINCIPAL CREDITOR WHO IS COMPETENT & WILLING
        IF 1ST PREFERRED:
        a. INCOMPETENT
        b. UNWILLING
        c. NEGLECTS FOR 30 DAYS AFTER DEATH
        i. TO APPLY FOR ADMINISTRATION
        ii. TO REQUEST ADMINISTRATION BE GRANTED TO SOME OTHER PERSON
        (b) If such surviving husband or wife, as the case may be, or next of kin, or the person selected by them, be incompetent or unwilling, or if the husband or widow, or next of kin, neglects for thirty (30) days after the death (of the decedent) of the person to apply for administration or to request that administration be granted to some other person, it may be granted to one or more of the principal CREDITORS, if competent and willing to serve;
        
        COURT-SELECTED
        (c) If there is no such creditor competent and willing to serve, it may be granted to SUCH OTHER PERSON as the court may select. (Rule 78, Sec. 6, Rules of Court).
        
        1ST PREFERENCE TO SURVIVING SPOUSE AS REGULAR ADMINISTRATOR;
        MUST BE: (NRNSLe)
        
        NOT A MINOR
        
        RESIDING IN PH
        
        NOT HOSTILE (Arevalo v. Bustamante)
        
        SOLVENT
        
        LEGAL SPOUSE
        a. EVEN IF MARRIED AGAIN AFTER APPOINTMENT
        
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        ORDER MAY BE DISREGARDED
        [NOTE: The order of preference set forth in the law may be disregarded by the probate court, provided no abuse of discretion has been made. (Eslei v. Tad-y, 46 Phil. 854).].
        
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        COLLATION
        (SECTION 5)
        
        DONATIONS or GRATUITOUS TITLE
        INTER VIVOS ARE BROUGHT BY COMPULSORY HEIRS TO MASS OF ESTATE
        Article 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. (1035a)
        
        NO IMPUTING TO LEGITIME IF (ER):
        
        EXPRESSLY PROVIDED BY DONOR
        
        REPUDIATED BY DONEE
        Article 1062. Collation shall not take place among compulsory heirs if the donor should have so expressly provided, or if the donee should repudiate the inheritance, unless the donation should be reduced as inofficious. (1036)
        
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        VALIDLY SOLD PROPERTIES INTER VIVOS ARE ALIENATED AND NOT COLLATIONABLE
        (Sanchez v. CA)
        
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        NO COLLATION FOR EXPENSES FOR: (SEMAOC)
        
        SUPPORT
        
        EDUCATION (UNTIL HIGH SCHOOL)
        
        MEDICAL ATTENDANCE
        
        APPRENTICESHIP
        
        ORDINARY EQUIPMENT
        
        CUSTOMARY GIFTS
        Article 1067. Expenses for support, education, medical attendance, even in extraordinary illness, apprenticeship, ordinary equipment, or customary gifts are not subject to collation. (1041)
        
        EXPENSES BY PARENTS IN GIVING CHILDREN IMPUTED TO THE FREE PORTION:
        
        PROFESSIONAL
        
        VOCATIONAL
        
        OTHER CAREER
        Article 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 had lived in the house and company of his parents shall be deducted therefrom. (1042a)
        
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        Not even computed or added to the estate
        
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        SUPPORT AFTER DEATH i.e. ALLOWANCES
        Support after death, namely, allowances during the liquidation of the estate, are not embraced under Art. 1067. Said allowances are advances of the inheritance. (See Lesaca v. Lesaca, L-3605, Apr. 21, 1952).
        
        AMOUNT OF INOFFICIOUS WEDDING GIFTS (JCO) COLLATED IS DECREASED BY
        1/10 OF THE FREE PORTION
        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. (1044)
        
        VALUE AT TIME OF DONATION COLLATED (RETURNED), NOT THINGS THEMSELVES
        Article 1071. The same things donated are not to be brought to collation and partition, but only their value at the time of the donation, even though their just value may not then have been assessed.
        
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        IMPUTED TO FREE PORTION
        
        EXCESS OF 1/10TH OF THE FP SHALL BE IMPUTED TO THE LEGITIME
        
        COMPUTED
        
        WHEN NON-COLLATIONABLE
        
        Expressly provided by donor-decedent
        
        Donee-heir repudiates inheritance
        
        Donation in excess of legitime
        
        Donation made to Strangers
        
        Property Left by Will
        
        MA'AM: NON-COLLATIONABLE MEANS IT GOES TO THE FREE PORTION
        Ma'am
        non-collationable = goes to free portion
        
        STAGES OF COLLATION
        Class: Stages of Collation
        
        COMPUTATION
        
        IMPUTATION - Does it go to the legitime or free portion? (GR: Legitime X: FP)
        a. DONATION TO COMPULSORY HEIRS =
        TO LEGITIME
        b. DONATION TO STRANGERS
        TO FREE PORTION
        If the donation is to strangers = To Free Portion
        
        VALUE OF PROPERTY AT TIME OF DONATION CONTROLLING
        Value of property at time of donation is controlling.
        
        DISREGARDS DECEDENT'S SPECIFIED VALUE IN THE WILL
        This is regardless of whether the decedent specified in the donation or will a specific value of the property. He may have understated or overstated its value.
        The recital in the deed can not be controlling. The actual value at the time of the donation is a question of fact which must be established by proof, the same as any other fact.
        (Tordilla v. Tordilla.)
        
        PARTITION AND DISTRIBUTION OF ESTATE
        (Article 1078-1082)
        
        SUBSECTION 1 - PARTITION
        (Arts. 1078-1082)
        (Arts. 1083-1090)
        
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        SUBSECTION 2 - EFFECTS OF PARTITION
        (Arts. 1091-1096)
        
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        SUBSECTION 3 - RESCISSION AND
        NULLITY OF PARTITION
        (Arts. 1097-1105)
        
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        PRINCIPLE:
        CO-HEIRS ARE CO-OWNERS
        
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        NOT AN ACT OF STRICT DOMINION
        Deed of Extra-Judicial Partition cannot be considered as an act of strict dominion, and an SPA is not necessary for Conrado to validly give his co-heirs’ consent
        
        COLLATION COVERS BOTH
        TESTATE & INTESTATE SUCCESSION
        There can be collation both in testamentary and legal succession
        
        ALL DONATIONS ARE COMPUTED TO DETERMINE THE LEGITIME
        All donations to strangers are also computed or “collated” (Paras)
        
        NO PERSON MAY DONATE MORE THAN WHAT HE MAY GIVE/RECEIVE BY WILL
        “No person may give or receive, by way of donation, more than he may give or receive by will. The donation shall be inofficious in all that it may exceed this limitation.” (Art. 762).
        
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        DONATIONS TO STRANGERS ARE IMPUTED TO THE FREE PORTION
        “Donations made to strangers shall be charged to that part of the estate of which the testator could have disposed by his last will.” (Art. 909, par. 2).]
        
        IN IMPLIED TRUST, THERE IS COLLATION
        In the presence of an implied trust involving the lots in question, collation is said to exist. This is so in the case of an innocent purchaser for value which relied on the petitioner’s title
        (Nazareno v. CA)
        
        COLLATION MAY BE DONE IN THE COURSE OF ADMINISTRATION PROCEEDINGS
        (Guinguing v. Abuton and Abuton)
        
        GENERAL RULE:
        PRINCIPLE OF EQUALITY
        
        EXCEPTION:
        PREFERENCE
        (Such as when testator provided otherwise or when there is repudiation)
        
        EQUALITY COVERS EQUALITY IN NATURE, CLASS, AND QUALITY
        This is in case collation is in kind
        
        DONATIONS TO AN HEIR, EVEN IF SUBSEQUENTLY DONATED BY THAT HEIR IS BROUGHT TO COLLATION
        During A’s lifetime, A gave B a house. That house was later on donated by B to L, a friend. If B predeceases A, then E will represent B, and together with C and D will inherit from A.
        E will be obliged to collate the value of the house, even if E himself has not inherited said property. This is so because, had B been alive, he would have been obliged to bring to collation the value of said house. Since E merely takes his (B’s) place, it naturally follows that collation by him (E) is in order.
        
        OTHER KINDS OF SAs
        
        ALREADY A REGULAR EXECUTOR/ADMINISTRATOR,...
        a. SEEKING TO RECOVER
        CREDIT AGAINST ESTATE
        (a) One appointed even after there is already a regular executor or administrator, when the latter seeks to recover his own credit or claim against the estate. (Rule 86, Sec. 8, Rules of Court).
        
        ADMIN DURANTE MINORE AETATE
        a. SUPPOSED EXEC/ADMIN IS A MINOR
        (b) One known as an administrator durante minore aetate — one appointed when the person who has the right to become executor or administrator is still a minor. The appointment continues until the end of such minority. (See Sec. 647, Act 190, Code of Civil Procedure).
        
        IF INTENDED TO BE A TRUSTEE, THEN TRUSTEE
        [NOTE: In a will, although a certain person is appointed expressly as an administrator or executor, still if the intent is to make him a trustee, the appointment should be construed as that of a trustee. (Perez v. Caluag)
      - INCAPABLE OF SUCCEEDING ARE: (PPGACI)
        Article 1027. The following are incapable of succeeding:
        
        PRIESTS WHO...
        a. HEARD TESTATOR'S CONFESSION AT
        b. LAST ILLNESS
        OR
        MINISTER OF GOSPEL WHO
        a. EXTENDED SPIRITUAL AID TO HIM AT
        b. LAST ILLNESS
        (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;
        
        PRIEST/MINISTER OF GOSPEL's:
        a. RELATIVES WITHIN 4TH DEGREE,
        b. CHURCH, ORDER, CHAPTER, COMMUNITY, ORGANIZATION, OR INSTITUTION
        (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;
        
        GUARDIAN
        a. WARD GAVE DISPOSITION
        b. PRIOR APPROVAL OF FINAL ACCOUNTS
        (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;
        
        ATTESTING... (WSPCC)
        a. WITNESSES
        b. SPOUSE
        c. PARENTS
        d. CHILDREN
        d. CLAIMANTS UNDER THEM
        (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;
        
        CARED FOR TESTATOR DURING LAST ILLNESS...(PSNHD)
        a. PHYSICIAN,
        b. SURGEON,
        c. NURSE,
        d. HEALTH OFFICER; OR
        e. DRUGGIST
        (5) 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
        (6) Individuals, associations and corporations not permitted by law to inherit. (745, 752, 753, 754a)
        
        PROHIBITIONS ON DONATIONS INTER VIVOS APPLY TO TESTAMENTARY PROVISIONS
        Article 1028. The prohibitions mentioned in article 739, concerning donations inter vivos shall apply to testamentary provisions. (n)
        
        1/2 TO CHURCH AND 1/2 TO STATE IF (TPGN):
        
        TESTATOR DISPOSES OF PROPERTY FOR
        
        PRAYERS & PIOUS WORKS FOR THE BENEFIT OF HIS SOUL
        
        GENERAL TERMS
        
        NOT SPECIFYING ITS APPLICATION
        Article 1029. Should the testator dispose of the whole or part of his property for prayers and pious works for the benefit of his soul, in general terms and without specifying its application,
        
        DISPOSITION IS TO POOR LIVING IN DOMICILE OF TESTATOR AT TIME OF HIS DEATH IF:
        
        DISPOSITION IN FAVOR OF POOR
        
        NO DESIGNATION OF PARTICULAR PERSONS/COMMUNITY
        a. EVEN IF DEFINITE LOCALITY
        Article 1030. Testamentary provisions in favor of the poor in general, without designation of particular persons or of any community, shall be deemed limited to the poor living in the domicile of the testator at the time of his death, unless it should clearly appear that his intention was otherwise.
        
        IF IN FAVOR OF DQed = VOID
        EVEN IF MADE
        
        UNDER THE GUISE OF AN ONEROUS CONTRACT
        
        OR MADE THROUGH AN INTERMEDIARY
        Article 1031. A testamentary provision in favor of a disqualified person, even though made under the guise of an onerous contract, or made through an intermediary, shall be void. (755)
        
        UNWORTHY: INCAPABLE OF SUCCEEDING BY REASON OF UNWORTHINESS
        Article 1032. The following are incapable of succeeding by reason of unworthiness:
        
        ABANDONMENT
        (Paras: ALSO SONS & GRANDDAUGHTERS)
        
        INDUCED DAUGHTERS TO LEAD CORRUPT/IMMORAL LIVES
        (Paras: ALSO SONS & GRANDDAUGHTERS)
        (1) Parents who have abandoned their children or induced their daughters to lead a corrupt or immoral life, or attempted against their virtue;
        
        ATTEMPT (CONVICTED) AGAINST:
        a. TESTATOR'S LIFE,
        b. SPOUSE
        c. DESCENDANTS
        d. ASCENDANTS
        (2) Any person who has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;
        
        GROUNDLESS ACCUSATION OF TESTATOR OF A CRIME PUNISHABLE FOR 6 YEARS OR MORE
        (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;
        
        (Not in this jurisdiction)
        (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;
        
        ADULTERY/CONCUBINAGE WITH SPOUSE OF TESTATOR
        a. CONVICTED
        (5) Any person convicted of adultery or concubinage with the spouse of the testator;
        
        FVIU TO:
        a. MAKE A WILL
        b. MODIFY ONE ALREADY MADE
        c. PREVENT/REVOKE A WILL or SCA
        (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;
        
        FALSIFIES/FORGES A WILL
        (8) Any person who falsifies or forges a supposed will of the decedent. (756, 673, 674a)
        
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        INCLUDES...
        
        Disposition disguised as an onerous contract
        
        Fictitious debts
        
        Intermediary interposed
        
        APPOINTED PERSON SHALL:
        
        DESIGNATE WHO IS POOR &
        
        DISTRIBUTE THE PROPERTY
        The designation of the persons who are to be considered as poor and the distribution of the property shall be made by the person appointed by the testator for the purpose;
        
        IF NO APPOINTEE, EXECUTOR
        IF NO EXECUTOR, (JMM)
        
        JUSTICE OF PEACE,
        
        MAYOR, AND
        
        MUNICIPAL TREASURER
        in default of such person, by the executor, and should there be no executor, by the justice of the peace, the mayor, and the municipal treasurer, who shall decide by a majority of votes all questions that may arise. In all these cases, the approval of the Court of First Instance shall be necessary.
        
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        UNLESS IT SHOULD CLEARLY APEAR THAT HIS INTENTION WAS OTHERWISE
        
        EXECUTOR SHALL:
        
        DELIVER
        a. WITH COURT APPROVAL
        the executor, with the court's approval shall deliver one-half thereof or its proceeds to the church or denomination to which the testator may belong, to be used for such prayers and pious works, and the other half to the State, for the purposes mentioned in article 1013. (747a)
        
        THUS, IF THERE IS SPECIFIC APPLICATION, THE PROPERTY'S HALF IS NOT GIVEN TO THE STATE
        "I give 100,000 of my estate every year to the church of Victoria"
        
        QUESTION OF WHO IS POOR IS A JUDICIAL QUESTION
        
        VOID DONATIONS BETWEEN: (APP)
        Article 739. The following donations shall be void:
        
        ADULTERERS AND CONCUBINES
        a. AT TIME OF DONATION
        b. CONVICTED
        (1) Those made between persons who were guilty of adultery or concubinage at the time of the donation;
        
        PERSONS GUILTY OF SAME CRIME,
        a. IN CONSIDERATION OF THE CRIME
        (2) Those made between persons found guilty of the same criminal offense, in consideration thereof;
        
        PUBLIC OFFICER OR HIS WIFE, DESCENDANTS AND ASCENDANTS
        a. BY REASON OF HIS OFFICE
        (3) Those made to a public officer or his wife, descendants and ascendants, by reason of his office.
        
        IF ADULTERY OR CONCUBINAGE, DECLARATION OF NULLITY MAY BE BROUGHT BY SPOUSES OF DONOR/DONEE
        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. (n)
        
        THESE ONLY NEED TO BE PROVEN THROUGH PREPONDERANCE OF EVIDENCE
        
        RATIO: PUBLIC MORALS
        
        MA'AM: THE CRUCIAL ELEMENT IS THAT THERE WAS UNDUE INFLUENCE
        
        UNDUE INFLUENCE IS CONCLUSIVELY PRESUMED FOR ALL IN ART. 1027
        The exercise of undue influence insofar as the disposition in their favor is concerned is CONCLUSIVELY PRESUMED. (Paras)
        
        AFTER CONFESSION:
        Will must be made after confession
        
        "LAST ILLNESS" CAUSED/PRECEDED DEATH
        “Last illness” is that of which the testator died, or the one immediately preceding it (as when death came because of an accident), if the testator did not have any opportunity to revoke the testamentary dispositions concerned.
        
        (5) PHARMACIST NOT INCLUDED??
        (Sure ba toh)
        
        PHYSICIANS WHO ARE RELATIVES OF THE TESTATOR AND TAKE CARE OF THE LATTER ARE STILL DQ'ED
        
        The wife is one of the exception to (3)
        
        WARD'S PROVISION FOR GUARDIAN IS VALID IF GUARDIAN IS THE WARD'S(ADBSS)
        
        ASCENDANT
        
        DESCENDANT
        
        BROTHER
        
        SISTER
        
        SPOUSE
        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;
      - MA'AM: 4TH REFERS TO A NOTARIAL WILL (REMEMBER THIS: IN A NOTARIAL WILL, THERE MUST BE 3 COMPETENT & DISINTERESTED WITNESSES, AND the NOTARY PUBLIC)
        [Paras: If these requisites are complied with, then the attesting witness may inherit)
      - INCAPACITY BY UNDUE INFLUENCE DOES NOT EXTEND TO:
        
        LEGITIME
        
        INTESTACY
        
        DISPOSITIONS NOT EXTENDING TESTAMENTARY BENEFIT
        (Paras)
      - INCAPACITY BY UNWORTHINESS:
        HEIR LOSES ALL RIGHTS TO INHERIT
        An heir incapacitated by reason of unworthiness, even if he be a compulsory heir, loses ALL rights to inherit from the deceased. Thus, he loses not only the legitime, but also that which would have appertained to him had he been capacitated. This is of course without prejudice to the right of representation when proper.
- - - - RIGHT OF REP TAKES PLACE IN DIRECT DESCENDING LINE, NEVER ASCENDING
        Article 972. The right of representation takes place in the direct descending line, but never in the ascending.
        
        REPRESENTATIVE MUST BE CAPABLE OF SUCCEEDING THE DECEDENT
        Article 973. In order that representation may take place, it is necessary that the representative himself be capable of succeeding the decedent. (n)
        
        REP'VE SHALL NOT INHERIT MORE THAN WHAT THE REP'ED WOULD INHERIT IF LIVING/COULD INHERIT
        Article 974. Whenever there is succession by representation, the division of the estate shall be made per stirpes, in such manner that the representative or representatives shall not inherit more than what the person they represent would inherit, if he were living or could inherit. (926a)
        
        WHEN CHILD OF ONE OR MORE BROS/SIS OF THE DECEASED SURVIVE, THEY INHERIT FROM DECEASED BY REPRESENTATION, IF THEY SURVIVE WITH THEIR UNCLES/AUNTS
        IF THEY ALONE SURVIVE, THEY SHALL INHERIT IN EQUAL PORTIONS
        Article 975. When children of one or more brothers or sisters of the deceased survive, they shall inherit from the latter by representation, if they survive with their uncles or aunts. But if they alone survive, they shall inherit in equal portions. (927)
        
        A PERSON MAY REPRESENT A PERSON WHO HAS RENOUNCED HIS INHERITANCE
        Article 976. A person may represent him whose inheritance he has renounced. (928a)
        
        HEIRS WHO REPUDIATE THEIR SHARE
        MAY NOT BE REPRESENTED
        Article 977. Heirs who repudiate their share may not be represented. (929a)
        
        IN COLLATERAL LINE, IT TAKES PLACE ONLY IN FAVOR OF CHILDREN OF BROTHERS/SISTERS, WHETHER FULL/HALF-BLOOD
        In the collateral line, it takes place only in favor of the children of brothers or sisters, whether they be of the full or half blood. (925)
      - REP'VE SUCCEEDS THE PERSON WHOM THE REP'ED WOULD HAVE SUCCEEDED, NOT THE REP'ED
        The representative does not succeed the person represented but the one whom the person represented would have succeeded. (n)
- - - - THE VALUE OF SUCH PROPERTY AT THE TIME IT WAS DONATED IS BROUGH TO COLLATION, NOT THE PROPERTY ITSELF
        What is brought to collation is not the property donated itself, but rather the value of such property at the time it was donated...
        (Vizconde v. Court of Appeals, G.R. No. 118449, [February 11, 1998], 349 PHIL 883-897)
        
        RATIONALE: DONATION IS A REAL ALIENTATION
        the rationale being that the donation is a real alienation which conveys ownership upon its acceptance, hence any increase on value or any deterioration or loss thereof is for the account of the heir or donee.