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III. Compulsory Succession, Article 922. A subsequent reconciliation…

- - - - Restrictions on Legitimes (904-908) -
        
        Computation
        
        Donations to Strangers - Collated to determine the value of the net hereditary estate. Considered as an advance to the free portion.
        
        Reduction of Inofficious Donations (911) -
        
        Reduce pro rata the non-preferred legacies and devises (NCC 911 (2)), and the testamentary dispositions (to heirs) (NCC 907).
        
        Reduce pro rata the preferred legacies and devises. (NCC 911(3)).
        
        Reduce the donations inter vivos according to the inverse order of their dates (i.e., the oldest is the most preferred).
        3a. These reductions shall be to the extent required to complete the legitimes, even if in the process the disposition is reduced to nothing.
        
        Indivisible Donation (912) - If the devise must be subject to reduction and it consists of real property or indivisible, then:
        
        If the extent of reduction is less than 1/2 of the value of the thing → it should be given to the devisee.
        
        If extent of reduction is 1/2 or more of the value of the thing → it should be given to the compulsory heir.
        
        Non-Availment of Reduction (913) - If neither party (compulsory heir and the devisee) elects to exercise his right under NCC 912, then:
        
        Any other heir or devisee, who elects to do so, may acquire the thing and pay the parties (the compulsory heir and the devisee in question) their respective shares in money;
        
        If no heir or devisee elects to acquire it, it shall be sold at public auction and the net proceeds accordingly divided. between the parties- concerned.
        
        Provisions on Reduction -
        
        NCC 911 - Order is followed when reductions have to be made because legitimes have been impaired
        
        NCC 950 - Order is followed when no impairment of legitime.
        
        Reimbursement - Here, pecuniary reimbursement to the party who did not get the thing devised.
        
        Order of Preference in the Hereditary Estate
        
        Legitime
        
        Donations Inter Vivos
        
        Preferred Legacies and Devises
        
        All other devises and legacies pro rata (in case the estate is not sufficient)
        
        Preferred - the testator has directed that a certain devise or legacy be paid in preference to others, thus, it shall not suffer any reduction until the latter have been applied in full to the payment of the legitime
        
        General Rule (904) - Testator cannot deprive his compulsory heirs of their legitime, except in cases provided by law.
        
        Exception - When the testator disinherits his compulsory heirs, under the grounds in 919-921.
        
        Renunciation of Future Legitime (905) - Void. Allows the heir to claim legitime at the time of renunciation. But, must collate whatever was the price of the renunciation (donation inter-vivos).
        
        Right to Demand Legitime (906) - If there is impairment of legitime, the heir has a right to demand the fulfillment of the legitime.
        
        Satisfaction of Impaired Legitime (907) - Generally, legitime is impaired because the testamentary dispositions exceed the free and disposable portion.
        
        Computation of the Net Estate -
        
        Value of property at time of death - debts and charges
        
        Plus, donations inter vivos
        
        Transfers Considered Part of Legitime (909-910) -
        
        GR - Donations given to children shall be charged to their legitime.
        
        Exception - If the donor has provided otherwise. If so, then impute to the free portion.
        
        2 more items...
      - Primary Compulsory heirs - legitimate children and/or descendants. They are preferred over, and exclude the other compulsory heirs. Secondary/concurring will not inherit if there are primary.
        
        Secondary Heirs -
        
        legitimate parents and ascendants - in default of legitimate children/descendants
        
        Illegitimate Parents - in default of any children/descendant
        
        Concurring Compulsory Heirs - Spouse, illegitimate children and/or descendants. These succeed together with the primary or secondary compulsory heirs.
        
        XCPN to Concurring Heirs - Illegitimate Children/Descendants exclude illegitimate parents.
        
        Surviving Spouse (Rosales v. Rosales) - Spouse of the decedent, not the spouse of a child who has predeceased the decedent. The spouse of a child is not an heir, nor can they represent.
        
        Right of the Surviving Spouse to Succeed -
        
        Valid marriage - or, a voidable marriage. If void ab initio or annulled by final decree, then cannot inherit.
        
        Legal Separation - if there is a final decree of legal separation, the offending spouse is disqualified.
        
        Bad faith - If a subsequent marriage is contracted by the spouse who has been absent, the reappearance of the prior spouse terminates the second marriage. Note: If no bad faith, second marriage spouses are heirs of each other.
        
        Surviving Spouse in Articulo Mortis - 1/3 share ONLY if requisites concur:
        
        The marriage was in articulo mortis;
        
        The testator died within three months from the time of the marriage;
        
        The parties did not cohabit for more than five years; and
        
        The spouse who died was the party in articulo mortis at the time of the marriage.
        
        Illegitimate Children - Children conceived and born outside of a valid marriage. Unless, later illegitimated. can be represented by both legitimate and illegitimate descendants.
        
        Illegitimate Descendants -
        
        Illegitimate Parents - Note, only inclusion in the illegitimate ascending line.
        
        Adopted Children - The adopter is considered as the secondary heir of the adopted child. However, if the adopter dies, the biological parental authority may be restored, leaving them incapacitated to succeed. (Bartolome v. SSS)
        
        Legitimate Children -
        
        Children conceived OR born during the marriage of the parents are legitimate.
        
        Children conceived as a result of artificial insemination
        
        Adopted Children (in relation to their adopter, (Secs. 17 & 18, R.A. 8552 [Domestic Adoption Act of 1998])
        
        Children conceived or born before the judgment of annulment
        
        Children conceived or born before the judgment of absolute nullity of the marriage under Article 36 of the Family Code
        (Psychological Incapacity)
        
        Children conceived or born of the subsequent marriage under Article 53 of the Family Code (in relation to Art. 52)
        
        Note: new adoption law
        
        Legitimate Descendants - Covers grandchildren or great-grandchildren. Generally, the nearer excludes the more remote. Subject tot he rule on representation.
        
        Representation -
        
        Legitimate Children - Only legitimate descendants can represent them.
        
        Illegitimate Children - Both legitimate and illegitimate descendants can represent them,.
        
        Legitimes - General rule of division is in equal portions within the same degree and kind.
        
        Legitimate Children & Descendants - 1/2 of the Estate, always.
        
        Legitimate Parents & Ascendants - In the absence of a descending line, always 1/2 of the herediatry estate.
        
        Surviving Spouse with Children - Depends on number of children and kind.
        
        Sole legitimate child/descendant - 1/4 of the estate
        
        Two or More legitimate - equal to a portion of one child.
        
        Surviving Spouse with Parents - 1/4 for the surviving spouse/ 1/2 for parents.
        
        Illegitimate Children -
        
        With Surviving Spouse - 1/3 collectively + 1/3 for spouse
        
        Illegitimate Parents - 1/4, if surviving with the spouse.
      - Reduction of Shares -
        
        Legitimate Children - Share is never reduced.
        
        Illegitimate Children - Reduced Pro Rata and without preference
        
        Spouse - Never reduced
        
        Process of Division - Legitimate Children & Surviving Spouse portions first. Then compute illegitimate children.
        
        Example: A died leaving an estate worth P1 million and debts amounting to P300,000. During his lifetime, A had given a donation of P500,000 to B, his legitimate son. When A died, two legitimate sons, B and C, survived him. How much is the legitime of each legitimate child?
        1M - 300K = 700K → 700K + 500K = 1.2M = Net Hereditary Estate
        600K = Legitime → each child’s legitime = 300K
        600K = Free portion
        B: 500K donation - 300K legitime = 200K which may be taken from the free portion
        
        Debts of Estate cannot be charged to the donations.
        
        Sale (Manongsong v. Estimo) - if valid sale, no diminution of the estate. The property sold is replaced by an equivalent of money.
    - - Free Portion - The portion left available for testamentary disposition after the legitimes have been covered is the free portion (sometimes referred to as disposable portion).
  - - - Enumeration of Effects -
        
        Deprivation of legitime
        
        Total exclusion of the disinherited heir from the inheritance
        
        Such heir forfeits:
        3a. his legitime
        3b. his intestate portion, if any; and
        3c. any testamentary disposition made in a prior will of the disinheriting testator.
      - Disinheritance by Will (916) - Disinheritance can be made ONLY through a will, with legal cause specified. Legal cause are those found in NCC 919-921.
        
        How Proven (917) - The burden of proving the truth of the cause for disinheritance shall rest upon the other heirs of the testator, if the disinherited heir should deny it
        
        Effect of Invalid Disinheritance (918) - If disinheritance without specification or without valid cause, it shall annul the institution of heirs insofar as it may prejudice the person disinherited. However, devises and legacies and other testamentary dispositions shall be valid to such extent as will not impair the legitime
        
        Causes for Disinheritance of a Child (919) - This is an exclusive enumeration of causes for disinheritance.
        
        Enumeration - ARMDC
        
        When a child or descendant has been convicted of adultery or concubinage with the spouse of the testator;
        
        A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant;
        
        Maltreatment of the testator by word or deed, by the child or descendant;
        
        When a child or descendant leads a dishonorable or disgraceful life;
        
        Conviction of a crime which carries with it the penalty of civil interdiction.
        
        Attempt Against the life - Applies to the Spouse, descendants, or ascendants” of the testator. Attempt is non-technical term. Sufficient that there is an intent and final conviction.
        
        False Accusation - The word accused here is used generically Thus, it includes filing of the complaint before the prosecutor, or presenting incriminating evidence against the testator, or even suppressing exculpatory evidence.
        
        Elements -
        
        the act of accusing, including:institution of a criminal action mere statement of the heir as a witness in a case against the testator, a statement where said heir affirms or corroborates the accusation the heir-witness is in possession of facts which might result in the testator’s acquittal and the heir-witness deliberately fails to reveal said facts
        
        GROUNDLESS - judgment must either state no crime was committed or did not commit a crime. An acquittal on reasonable doubt not a ground for disinheritance.
        
        6 YEARS
        
        When a child or descendant has been found guilty of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;
        
        When a child or descendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless;
        
        When a child or descendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made;
        
        Disinheritance of parents or Ascendants (920)
        
        Enumeration - AAA
        
        When the parents have abandoned their children or induced their daughters to live a corrupt or immoral life, or attempted against their virtue;
        
        When the parent or ascendant has been convicted of adultery or concubinage with the spouse of the testator;
        
        An attempt by one of the parents against the life of the other, unless there has been a reconciliation between them.
        
        Common to all 3
        
        When the parent or ascendant has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;
        
        When the parent or ascendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found to be false;
        
        When the parent or ascendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made;
        
        Common to Spouse -
        
        The loss of parental authority for causes specified in this Code;
        
        The refusal to support the children or descendants without justifiable cause;
        
        Disinheriting a Spouse (921) -
        
        Enumeration -
        
        When the spouse has given cause for legal separation;
        
        2 more items...
        
        Reconciliation (922-923)
        
        1 more item...
        
        Common Grounds -
        
        Attempt
        
        Groundless Accusation
        
        Fraud
        
        Requisites for a valid Disinheritance -
        
        It must be made in a will (Article 916);
        
        It must be for a cause specified by law (Article 916 in relation to Articles 919-921);
        
        The will must specify the cause (Articles 916 and 918);
        
        It must be unconditional (Manresa)
        
        It must be total (Manresa)
        
        The cause must be true (Article 918);
        
        If the truth of the cause is denied, it must be proved by the proponent (Article 917).
        
        C - Cause
        
        Cause - Specified by law
        
        Specified - Will must specify the cause
        
        U - Extent
        
        Unconditional
        
        Total
        
        T - True
        
        True
        
        Proven
      - Definition - Deprivation of legitime for true and lawful causes by the testator.
        
        Ching v. Rodriguez - There can be no disinheritance if there is no will or any instrument effecting the disposition of the estate of the deceased.