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VI. Institution and Substitution of Heirs, jude di ko alam pano idelete im…

- - - - Kinds of Testamentary Dispositions (871) -
        
        Dispositions with a Condition
        
        Dispositions with a Term
        
        Dispositions with a Mode
        
        With a Condition (1179) - Every obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to the parties, is demandable at once
        
        Instances where the Condition is Void - Here, the condition is void, but the disposition remains, it becomes pure.
        
        Absolutely Void (873) -
        
        Impossible Conditions
        
        Illegal Conditions - Contrary to law or good customs
        
        Condition prohibiting a first marriage
        
        Conditionally Void (874) - Condition prohibiting a subsequent marriage.
        
        Imposed by deceased spouse, or by his/her asecendants or descendants: - Valid Condition
        
        Imposed by anyone else - Void
        
        Form of Prohibition on Marriage - Pertains only to absolute conditions prohibiting marriage, refers to a NEGATIVE condition. Consequently, it does not apply to either:
        
        Restrictive Conditions on marriage - a prohibition to marry a particular person or a class (Chinese great wall)
        
        Condition to Marry
        
        Right of the Testator to Terminate the Benefaction - Nevertheless, the right of usufruct, or an allowance or some personal prestation may be devised or bequeathed to any person for the time during which he or she should remain unmarried or in widowhood/ This means that the benefit terminates upon marriage but, not a prohibition. (Something like, I give A a pension so long until he is single)
        
        Nevertheless, the right of usufruct, or an allowance or,some personal prestation may be devised or bequeathed to,any person for the time during which he or she should re main unmarried or in widowhood. (793a
        
        Instances where the Disposition is Void (875) - Legacy Hunting Disposition - Condition that the heir make a provision in his will in favor of the testator or of any other person
        
        Regular Conditions (876,877,883,879,884)
        
        Potestative Condition (876) - One that depends solely on the will of the heir/devisee/legatee
        
        Positive Potestative (876) -
        
        GR - must be fulfilled as soon as the heir learns of the testator's death.
        
        XCPN - The condition was already complied with at the time the heir learns of the testator’s death, and The condition is of such a nature that it cannot be fulfilled again
        
        Constructive Compliance (883) - If the person interested in the condition should prevent its fulfillment, without the fault of the heir, the condition shall be deemed to have been complied with
        
        2. Negative Potestative (879) - when the potestative condition imposed upon the heir consists in not doing or not giving something. Here,the heir must give security to guarantee (caucion Muciana) the return of the value of property, fruits, and interests, in case of contravention
        
        Casual Condition - Depends on the will of a third person/Chance
        
        GR - may be fulfilled at any time (before or after testator’s death),
        
        XCPN - unless testator provides otherwise
        
        Fulfillment at the time of Execution of the Will -
        
        If testator unaware of fact of fulfillmen t- Deemed fulfilled
        
        if testator aware thereof -
        2a. If can no longer be fulfilled again - Deemed fulfilled
        2b. If it can be fulfilled again - Must be fulfilled again.
        
        Mixed Condition - depends partly on the will of the heir/devisee/legatee and partly either on the will of a third person or chance.
        
        Rules on Constructive Compliance -
        
        Casual - Not applicable
        
        If mixed
        i. If dependent partly on chance - Not applicable
        ii. If dependent partly on the will of a third party:
        (a) If third party is an interested party - Applicable
        (b) If third party is not an interested party - Not Applicable
        
        When Property is to be Placed under Administration (880-881) -
        
        Pending compliance with the Suspensive Condiition
        1a. Fulfillment - Property must be turned over to the instituted heir
        1b. It becomes certain condition will not happen - The property will be turned over to a secondary heir (if there is one) or to the intestate heirs, as the case may be
        
        Failure to Give Caucion Muciana (Security Required) - The property shall be in the executor’s or administrator’s custody until the heir furnishes the caution Muciana
        
        Applicability to Conditions with a Term - BALANE: Despite the wording of this article, it should not be applied to institutions with a term, which are governed by Article 885, par. Otherwise, there will be an irreconcilable conflict with that article, which mandates that before the arrival of the term, the property should be given to the legal heirs
        
        Conditional Institutions - If the institute dheir dies before the happening of the condition, no righ tis transmitted to hius heirs.
        
        Here, heir must be living and qualfiied to succeed both at the time fo the death of testator and time of the happening of hte condition.
        
        With a Term (1193) - Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes.“A day certain is understood to be that which must necessarily come, although it may not be known when,
        
        When the Right of an Heir Vests (878) - the heir’s right vests upon the testator’s death, conformably to Article 777. This applies in all dispositions with a term, even suspensive ones.
        
        Effect of Death of the Heir - should the heir die before the arrival of the (suspensive) term, he merely transmits his right to his own heirs who can ndemand the property when the term arrives.
        
        Suspensive Term (885) - Before the arrival of the term, the property should be delivered to the intestate heirs. Here, Heirs should give caucion Macuiana
        
        Resolutory Term (885) -Before the arrival of the term, the property should be delivered to the instituted heir. Here, no caucion Muciana
        
        With a Mode (882) - The statement of the object of the institution, or the application of the property left by the testator, or the charge imposed by him, shall not be considered as a condition unless it appears that such was his intention.
        
        That which has been left in this manner may be claimed at once provided that the instituted heir or his heirs give security for compliance with the wishes of the testator and for the return of anything he or they may receive, together with its fruits and interests, if her or they should disregard this obligation.”
        
        Definition - mode is an obligation imposed upon the heir, without suspending, as a condition does, the effectivity of the institution. Here, similar to a resoltuory condition.
        
        Form of Modal institution (Rabadilla v. CA) - the testator states:
        
        The object of the institution,
        
        The purpose or application of the property left by the testator, or
        
        The charge imposed by the testator upon the heir
        
        Effect - imposes an obligation upon the heir or legatee but it does not affect the efficacy of his rights to the succession.
        
        Presumption - In case of doubt, the institution should be considered as modal and not conditional.
        
        Q. Difference of resolutory condition from modal
        
        Distinction - It lies in the certainty of fulfillment. Term pertains to a future certain event, a condition pertains to an uncertain event (future or past, unknown to the parties
        
        WHEN AN INSTITUTION CANNOT TAKE EFFECT IN THE EXACT MANNER STATED BY THE TESTATOR (883) - When without the fault of the heir, an institution referred to in the preceding article cannot take effect in the exact manner stated by the testator, it shall be complied with in a manner most analogous to and in conformity with his wishes
    - - Kinds of Substitution (858) -
        
        Simple or common;
        
        Brief or compendious;
        
        Reciprocal; or
        
        Fideicommissary.
        
        Balane notes that there are only two kinds of substitution, simple and fideicommisary, which are mutually exclusive kinds. With the remaining two (brief/reciprocal) being variations of the original two.
        
        Simple/Vulgar Substitution (859) - Testator designates one or more persons to substitute the instituted heir in cases of:
        
        Predecease
        
        Renunciation
        
        Incapacity
        
        How Done - Testator may either merely provide for a simple substitution or, specify all the three causes.
        
        Grounds other than RIP - it becomes a condition for substitution.
        
        Requisite of Capacity by Renunciation - Competing views.
        
        Substitute must have capacity at the time of the renunciation by the first heir (1034)
        
        substitute need not have capacity at the time of the renunciation (1042)
        
        Restricted Simple Substitution - The testator may limit the operation of simple substitution by specifying only one or two of the three causes
        
        Brief or Compendous Substitution (860) -
        
        Brief - Two or more persons substituted for one, or,
        
        Compendious - one person for two or more heirs;.
        
        Variation of Either Simple or Fidecommisary Substitution.
        
        Reciprocal Substitution (861) - Here, the heirs are substitutes of one another.
        
        Effect of Substitution -
        
        If heirs instituted in unequal (or equal) shares should be reciprocally substituted, the substitute (heir) shall acquire the share of the heir who dies, renounces, or is incapacitated.
        
        If there are more than one substitute, they shall have the same share in the substitution as in the institution
        
        FIDEICOMMISSARY SUBSTITUTION (863) - substitution by virtue of which the fiduciary or first heir instituted is entrusted with the obligation to preserve and to transmit to a second heir the whole or part of the inheritance.
        
        Elements of Fideicommisary Substitution -
        
        A first heir (fiduciary) who takes the property upon the testator’s death
        
        A second heir (fideicommissary heir) who takes the property subsequently from the fiduciary
        
        The second heir must be one degree from the first heir (either the parent or the child of the first heir)
        
        The dual obligation imposed upon the fiduciary to preserve the property and to transmit it after the lapse of the period to the fideicommissary heir
        
        Both heirs must be living and qualified to succeed at the time of the testator’s death.
        
        Nature of the Obligation (PCIB v. Escolin) - Essentially, the second heir becomes a usufructuary i.e., without the right to dispose. If there is no absolute obligation to preserve and transmit, there is NO fideicommisary substitution, BUT the institution is not necessarily void; it may be valid as some other disposition.
        
        Balane notes - Just because the substitution is void, does NOT make the institution void. It is merely a different kind of institution a double institution in this case. The first institution (to the husband) subject to a resolutory condition (to the siblings), the second institution subject to a suspensive condition.
        
        Effect on Legitime (864) - A fideicommissary substitution can never burden the legitime. The legitime is distributed immediately to the compulsory heir.
        
        How Constituted (865-867) - It must be EXPRESSLY MADE in order to be valid. Done either:
        
        By the use of the term fideicommissary
        
        By imposing upon the first heir the absolute obligation to preserve and to transmit to the second heir (Art. 867)
        
        Allowable Deductions to the Inheritance by Fiduciary -
        
        GR - the fiduciary should deliver the property intact and undiminished to the fideicommissary heir upon the arrival of the period.
        
        XCPN - Necessary and useful expenses for:
        2a. Legitimate expenses
        2b. Credits
        2c. Improvements
        
        Damage/Deterioration to Inheritance -
        
        GR - fiduciary must bear the loss, damage, or deterioration if it is due to his fault or negligence
        
        XCPN - caused by a fortuitous event or ordinary wear and tear
        
        When Vested (866) - The second heir shall acquire a right to the succession from the time of the testator's death, even though he should die before the fiduciary. The right of the second heir shall pass to his heirs.
        
        Ineffective Provisions in a Will (867 & 870) -
        
        Fideicommissary substitutions which are not made in an express manner, either by giving them this name, or imposing upon the fiduciary the absolute obligation to deliver the property to a second heir;
        
        Provisions which contain a perpetual prohibition to alienate, and even a temporary one, beyond the limit fixed in Article 863;
        
        Those which impose upon the heir the charge of paying to various persons successively, beyond the limit prescribed in article 863, a certain income or pension;
        
        Those which leave to a person the whole or part of the hereditary property in order that he may apply or invest the same according to secret instructions communicated to him by the testator.
        
        dispositions of the testator declaring all or part of the estate inalienable for more than twenty years are void.
        
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      - Application of Conditions to Substitute (862) - substitute shall be subject to the same charges and conditions imposed upon the instituted heir
  - - - Effect (851) -
        
        If Nothing is Disposed Of - Intestate Succession applies. Here, will is valid, but useless, unless it acknowledges a child or disinherits a compulsory heir.
        
        Partial Disposition - Mixed Succession
        
        Requirement of Probate -
        
        GR - if the will does not institute an heir, it need NOT be probated
        
        XCPN (Seangio v. Reyes) - When the will recognizes an illegitimate child, When it disinherits a compulsory heir, When it instituted an executor
      - Limit of Disposition by Will (842) -
        
        No Compulsory Heirs - The entire hereditary estate
        
        With Compulsory Heirs - The disposable free portion. However, testator can disinherit his compulsory heirs via will.
        
        Manner of Institution/Designation (844-845)
        
        Designation by Name (843) - The designation of the heir’s name is NOT necessary, as long as his identity can be ascertained and made known. This applies even if the identity is not known at the time of the making of hte will, so long as it can be found out in the future (Future president, etc.,)
        
        However, generally the testator should designate the heir by his name and surname, and when there are two persons having the same names, he shall indicate some circumstance by which the instituted heir may be known.
        
        Ambiguity in Designation (844) - If among persons having the same names and surnames, there is a similarity of circumstances in such a way that, even with the use of other proof, the person instituted cannot be identified, none of them shall be an heir.
        
        Resolution of Ambiguity (789) - Doubt to be resolved in favor of testacy. Imperfect descriptions be cleared up as much as possible, as long as the testator’s intent as to who he is instituting can be reasonably ascertained, the institution is not invalidated
        
        Effect of Error (844) - An error in the name, surname, or circumstances of the heir shall not vitiate the institution when it is possible, in any other manner, to know with certainty the person instituted.
        
        Disposition to an Unknown Person (845) - Every disposition in favor of an unknown person shall be void, unless by some event or circumstance his identity becomes certain.
        
        Disposition to Class/Group (845) - However, a disposition in favor of a definite class or group of persons shall be valid.
        
        Manner of Distribution Of Shares
        
        With Designation of Shares (847) -
        
        GR - Presumption that if the will collectively and individually designates heirs, all are presumed individually instituted. (Thus, A, B and Class C is equal division between A, B and all members of Class C)
        
        XCPN - testator makes it clearly appear that their intent was otherwise.
        
        Period of Designation (849) - When the testator calls to the succession a person and his children they are all deemed to have been instituted simultaneously and not successively
        
        Without Designation of Shares (846) - Heirs instituted without designation of shares shall inherit in equal parts.
        
        Applicability - only in testamentary succession, that is to say, only among testamentary heirs. Thus, not applicable to an heir who is both a compulsory and a testamentary heir, for in that case the heir will get his legitime and his testamentary portion.
        
        Institution of Siblings (848) - If the testator should institute his brothers and sisters, and he has some of full blood and others of half blood,
        
        GR - the inheritance shall be distributed equally
        
        XCPN - unless a different intention appears.
        
        Distinguished with Intestacy (1006) - In intestacy, a Proportion of 2:1 between full- and half-blood brothers and sisters is observed. No equality.
        
        Institution based on False Causes (850) -
        
        GR - the falsity of the stated cause for the testamentary institution does NOT affect the validity or efficacy of the institution.
        
        XCPN (Austria v. Reyes) - The falsity of the stated cause for institution will set aside the institution if the ff requisites concur:
        2a. The cause for the institution of heirs must be stated in the will
        2b. The cause must be shown to be false and,
        2c. It must appear from the face of the will that the testator would not have made such institution if he had known the falsity of the cause.
        
        Revocations based on False Cause (833) - Unlike in 850, these are considered as void.
        
        As to Portions of Disposition
        
        Excessive Disposition (853) - Each part shall be reduced proportionally.
        
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        Intent to Dispose Entirety, but Insufficient Disposition (852-853) - Each share of the instituted heirs shall be increased proportionally as to dispose of the entire estate.
        
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        Institution of Successive Usufructuaries (869) -
        
        A provision whereby the testator leaves to a person the whole or part of the inheritance, and to another the usufruct
        
        Successive Usufructuary - Here, usufruct is given to various persons, successively. However, must be subject to the provisions of 863 (Within 1 degree of blood relationship from one other)
        
        Illegal Cause (Art. 850) - Paras says should be void as well if the illegal cause was the reason behind the institution.
- - - - Thus:
        
        if the will contains only institutions of heirs and there is preterition, total intestacy will result;
        
        if there are legacies or devises and there is preterition, the legacies or devises will stand, to the extent of the free portion (merely to be reduced, not set aside, if the legitimes are impaired) but the institution of heirs, if any, will be swept away.
      - Completion of Legitime (855) - The impaired legitime of the compulsory heir shall be completed by taking portions form the following (In order of preference)
        
        From the part of the estate not disposed of by the will, if any
        
        Proportionally from the shares of the testamentary heirs, devisees or legatees (if there is no estate not disposed of if it is insufficient)
      - Non-Transmission of Testamentary Succession Rights (856) -
        
        GR - A voluntary, compulsory or legal heir who dies before the testator, is unworthy or unwilling to succeed
        transmits NOTHING to his heirs
        
        XCPN - Representation by the heirs of the pre-deceased/incapacitated/unworthy compulsory or legal heir.
        
        Thus, a voluntary heir transmits nothing AND there is no representaiton.
        
        ‣ Representation only applies in Compulsory and Intestate Succession, NEVER in Testamentary Succession
        ‣ Representation only applies in case of Pre-Decease and Incapacity, NEVER in Renunciation
    - - Scope of Application - Applies to compulsory heirs that are born after the execution of the will, whether born before or after the death of the testator. This applies to children conceived during his lifetime, but unborn during his death.
      - Predecease - If omitted compulsory heir predeceases, the institution is effectual. However, if the right of representation takes place, the effects of preterition apply.
        
        Instances where there is no Preterition -
        
        Instituted in the Will, but the portion given to him by will is less than the legitime (Reyes v. Barreto-Datu) - Here, the remedy is demand for the remainder of the legitime under Art. 906-907.
        
        HEIR IS GIVEN A LEGACY OR DEVISE (Aznar v. Duncan) - Again, remedy is under 906-907.
        
        HEIR HAD RECEIVED A DONATION INTER VIVOS FROM THE TESTATOR - These are treated as an advance on the legitime. Thus, no preterition.
        
        HEIR IS NOT MENTIONED IN THE WILL NOR WAS A RECIPIENT OF A DONATION INTER VIVOS FROM THE TESTATOR, BUT NOT ALL OF THE ESTATE IS DISPOSED OF BY THE WILL - Here, omitted heir receives something via intestacy. If insufficient, then demadn once again.
- - - - Scope of Legacy/Devisee - Anything within the commerce of man, that is Anything which is appropriable and alienable is within the commerce of man, fungible, indivisible, divisible, real, personal, incorporeal, etc
        
        Ownership - It is not required that the thing devised or bequeathed belong to the testator
        
        Mistake as to name of Thing (958) - A mistake as to the name of the thing bequeathed or devised, is of no consequence, if it is possible to identify the thing which the testator intended to bequeath or devise
    - - Heirs Applicable - A compulsory heir as such cannot be burdened or made liable with a legacy or devise because that would impair his legitime. Only a testamentary heir can be so burdened and charged. The devise or legacy can only be charged to the free portion.
        
        Indirect/Subsidiary Legacy/Devise -
        
        Disposition made in General Terms (959) - A disposition made in general terms in favor of the testator's relatives shall be understood to be in favor of those nearest in degree.
        
        Relatives - ‣ The term “relatives” extends only up to the fifth degree (the limit in intestacy).
      - Solidary Liability of Co-Heirs (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.
      - Warranty for Eviction (928) - Heir is liable in case of eviction if:
        
        DELIVER - heir who is bound to deliver the legacy or devise
        
        GENERIC - the thing is indeterminate and is indicated only by its kind.
        
        Thing Owned in Part by Testator (929) - Here, intent of testator is controlling. If intended to convey more, estate should try to acquire.
        
        GR - if the legacy/devise of a thing only owned in part by the testator what is conveyed is only the interest or part
        owned by the testator. (
        
        XCPN - Testator may provide otherwise, conveying more, or less than what he owns.
        2a. More than he owns - the estate should try to acquire the part or interest owned by other parties.
        
        Thing owned by Another (930-931) - This contemplates three possible situations.
        
        TESTATOR ORDERED THE ACQUISITION OF THE THING - Here, the order should be complised with. If owner is unwilling, then monetary equivlanet is given.
        
        TESTATOR ERRONEOUSLY BELIEVED THAT THE THING BELONGED TO HIM - Generally, the legacy/devise is void. Unless, subsequent to the making of the disposition, the thing is acquired by the testator onerously or gratuitously, the disposition is validated.
        
        TESTATOR KNEW THAT THE THING DID NOT BELONG TO HIM BUT DID NOT ORDER ITS ACQUISITION - No governing provision. For balane, disposition is valid.
        
        Requisites -
        
        Testator must expressly order the acquisition of the thing.
        
        The testator must not have made a mistake, he must know that the property belonged to him
        
        Thing already owned or, Subsequently Acquired by the Legatee/Devisee (932-933) -
        
        Thing Belonged to Devisee at time of Will - Here, the Legacy/Devise is void. Not validated by an alienation by the legatee/devisee subsequent to the making of the will UNLESS the acquirer is the testator himself.
        
        THING WAS OWNED BY ANOTHER PERSON AT THE TIME OF THE MAKING OF THE WILL AND ACQUIRED THEREAFTER BY THE LEGATEE/DEVISEE -
        
        testator erroneously believed that it belonged to him - Here, the L/D is void pursuant to Art. 930
        
        Testator did not know that it did not belong to him - Subject to whther the thing was acquired gratuitously or onerously.
        2a. Onerous Acquisition - Legatee/devisee is entitled to reimbursement
        2b. Gratuitous Acquisition - Nothing more is due.
        
        THING WAS OWNED BY THE TESTATOR AT THE TIME OF THE MAKING OF THE WILL AND ACQUIRED THEREAFTER FROM HIM BY THE LEGATEE/DEVISEE - For balane, the legacy/devise is deemed revoked, with the L/D not entitled to reimbursement, as when the testator sold it to the devisee/legatee, this revokes the legacy/ devisee. This is one of the modes of revocation (revocation by operation of law, by alienation of the thing)
        
        This applies regardless if another person may have some interest in the will.
        
        LD to Remove an encumbrance over a thing owned by the L/D (932,934,936)
        
        Removal of Encumbrance (932 par. 2) - Here, testator has an encumbrance over a thing owned by the legatee or devisee. As such, the testator may remove the encumbrance, and, the legacy/devise is valid to that extent.
        
        Thing owned by Testator is Encumbered - Depends if it is pledged or mortgaged or, subject to another encumbrance.
        
        Pledged/Mortgaged - GR: The encumbrance must be removed by paying the debt | XCPN - Testator intends otherwise.
        
        Non-Pledge/Mortgage - the encumbrance passes to the legatee or devisee together with the thing.
        
        Legacy of a Credit/Remission (935-937) -
        
        Definitions -
        
        Credit - when the testator bequeaths to another a credit against a third person. This is considered a novation of the credit, subrogating the legatee in the place of the original debtor.
        
        Remission - Here, a testamentary disposition of a debt in favor of the debtor. The legacy is valid to the extent of the amount of the credit existing at the time of the death of the testator. This in fact , extinguishes the debt via merger/confusion
        
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        L/D in favor of a Creditor (938-939) -
        
        GR - Treated like any other L/D and not imputed to the debt. (i.e., don't apply the L/D to the credit)
        
        XCPN - If the testator so provides AND debt exceeds the L/D, the excess may be demanded as an obligation of the estate.
        
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    - - Pure and Determinate -
        
        Demandability - Upon the death of the Testator
        
        When Ownership Vests - If acquired fromt he estate, upon death of the testator. If from a third person, upona cquisition.
        
        Right to the Fruits - Upon the death of the testator
        
        Pure and Generic -
        
        Demandability - Same as pure and determinate
        
        When Ownership Vests - Same as pure and determinate
        
        Right to the Fruits - Upon determination, unless testator provides otherwise (Art. 940)
      - With a Suspensive Term -
        
        Demandability - Upon the arrival of the term
        
        When Ownership Vests - Upon arrival of the term, but the right to it vests upon the testator’s death (Art. 878)
        
        Right to the Fruits - Upon the arrival of the term (implied from Article 885)
        *Although this article does not explicitly so declare, the descendants of illegitimate children shall inherit per capita if all the illegitimate children renounce. If these descendants can inherit per stirpes, they can, in proper
        cases, inherit per capita.
      - With a Suspensive Condition -
        
        Demandability - Upon the happening of the condition
        
        When Ownership Vests - Upon the testator’s death, if the condition is fulﬁlled (Article 1187)
        
        Right to the Fruits - Upon the happening of the condition, unless the testator provides otherwise (Article 884, in relation to Art. 1187).
      - Rule of Preference (950) -
        
        All others pro rata
        
        Legacies or devises of a speciﬁc, determinate thing which forms a part of the estate
        
        Legacies for education
        
        Legacies for support
        
        Legacies or devises declared by the testator to be preferential
        
        Remuneratory legacies or devises
        
        Note that NCC 911 governs when the legitimes have been mimpaired, whereas 950 applies if there is no impairment of legitime.
        
        Reduce non-preferred devises and legacies ﬁrst, pro-rata
        
        Reduce preferred devises and legacies
        
        Obligaitons to Deliver
        
        Obligation to Deliver Accession and Accessories (951) -‣ The thing bequeathed shall be delivered with all its accessories and accessories and in the condition in which it may be upon the death of the testator.
        
        The obligation to deliver the accessions and accessories exists even if the testator does not explicitly provide for it. This applies only to dereminate or specific legacies, not to generic ones.
        
        Obligation to Deliver the Thing itself/Cash/Expenses for Delivery (952) -
        
        Thing Itself - The heir, charged with a legacy or devise, or the executor or administrator of the estate, must deliver the very thing bequeathed if he is able to do so and cannot discharge this obligation by paying its value.
        
        Cash - Legacies of money must be paid in cash, even though the heir or the estate may not have any.
        
        Necessary Expenses - The expenses necessary for the delivery of the thing bequeathed shall be for the account of the heir or the estate, but without prejudice to the legitime.
        
        Right of L/D to take Possession (953) - he legatee or devisee cannot take possession of the thing bequeathed upon his own authority, but shall request its delivery and possession of the heir charged with the legacy or devise, or of the executor or administrator of the estate should he be authorized by the court to deliver it. (885a)
        
        Acceptance and Repudiation (954-955)
        
        Repudiation by Incapacity (958) - In case of Repudiation by or Incapacity of Legatee/Devisee, the following shall take effect, in the order of preference:
        
        Substitution
        
        Accretion
        
        Intestacy
        Only if no Substitution/Accretion, the legatee/devisee shall be merged into the mass of the estate (it goes by intestacy)
        
        Revocation - L/D is without effect if:
        
        Transformation - testator transforms the thing bequeathed in such a manner that it does not retain either the form or the denomination it had;
        
        Alienation - testator by any title or for any cause alienates the thing bequeathed or any part thereof, it being understood that in the latter case the legacy or devise shall be without effect only with respect to the part thus alienated. If after the alienation the thing should again belong to the testator, even if it be by reason of nullity of the contract, the legacy or devise shall not thereafter be valid, unless the reacquisition shall have been effected by virtue of the exercise of the right of repurchase;
        
        Total Loss - the thing bequeathed is totally lost during the lifetime of the testator, or after his death without the heir's fault.
        
        Alienation -
        
        GR - The alienation by the testator may be onerous or gratuitous. The alienation revokes the legacy/devise even if for any reason the thing reverts to the testator.
        
        XCPN -
        2a. If the reversion is caused by the annulment of the alienation and the cause for annulment was vitiation of consent on the grantor’s part, either by reason of incapacity or of duress.
        2b. If the reversion is by virtue of redemption in a sale with pacto de retro.
        
        Total Fortuitous Loss -
        
        Loss before the testator's death - This will be a cause for revocation only if it takes place before the testator’s death. If the loss is merely partial, the legacy will subsist as to what remains.
        
        Loss After Death of Testator - Will NOT constitute revocation, as disposition takes effect upon death. ‣ Therefore, fortuitous loss after the testator’s death will simply be an instance of “res perit domino'' and will be borne by the legatee/devisee.
        
        Acceptance (954) - Note that all of this is subject to the condition that the testator does not provide otherwise.
        
        Scope of Acceptance - May be total or partial, UNLESS he legacy/devise is partly onerous and partly gratuitous, the recipient cannot accept the gratuitous part and renounce the onerous part
        
        Effect of Death of L/D prior to acceptance/renunciation - his heirs shall exercise such right as to their pro-indiviso share, and in the same manner as outlined above.
        
        Multiple L/Ds, same Recipient -
        
        Both Gratuitous/Onerous - The recipient may accept or renounce either or both.
        
        Not Same - he recipient cannot accept the gratuitous and renounce the onerous. Any other combination is permitted (Art. 955, par. 1)
        
        L/D to a Compulsory Heir - The recipient may accept either or both, the legacy/devise and the legitime. (Art. 955, par. 2, 1055)
        
        Article 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)