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TESTAMENTARY SUCCESSION: PART 1 - Coggle Diagram

- - - - INSTITUTION OF HEIRS (SEC. 2)
        PART 3: PRETERITION
        
        PRETERITION EFFECT:
        
        ANNULS INSTITUTION,
        a. BUT LEGACIES/DEVISES RETAINED
        i. IF INOFFICIOUS, REDUCED
        Article 854. The preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator, shall annul the institution of heir; but the devises and legacies shall be valid insofar as they are not inofficious.
        
        CHILD OR DESCENDANT'S SHARE OMITTED TAKEN FROM:
        
        FREE PORTION; THEN
        
        COMPULSORY HEIRS' SHARES
        Article 855. The share of a child or descendant omitted in a will must first be taken from the part of the estate not disposed of by the will, if any; if that is not sufficient, so much as may be necessary must be taken proportionally from the shares of the other compulsory heirs. (1080a)
        
        VOLUNTARY HEIR WHO PREDECEASES TRANSMITS NOTHING TO HIS HEIRS
        Article 856. A voluntary heir who dies before the testator transmits nothing to his heirs.
        
        COMPULSORY HEIRS TRANSMIT NO TESTATE SHARE WHEN THEY DRIP, EXCEPT WHEN SUBSTITUTION, REPRESENTATION, ACCRETION, OR INTESTACY IS PROPER
        A compulsory heir who dies before the testator, a person incapacitated to succeed, and one who renounces the inheritance, shall transmit no right to his own heirs except in cases expressly provided for in this Code. (766a)
        
        IN TESTATE SUCCESSION, REPRESENTATION ONLY COVERS THE LEGITIME
        IN INTESTATE SUCCESSION, IT COVERS THE ENTIRE SHARE OF THE REPRESENTED
        Remember that in testate succession, the right of representation covers only the legitime. (Arts. 856, 1035). In intestate succession, it covers the entire share of the person represented. The whole would descend by the rules of intestate succession.
        
        BORN AFTER DEATH COMPULSORY HEIRS INCLUDED
        Under Article 854 of the Civil Code, “the preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator, shall annul the institution of heir; but the devises and legacies shall be valid insofar as they are not inofficious,” and as a result, intestacy follows, thereby rendering the previous appointment of the executrix moot and academic. This would now necessitate the appointment of another administrator under Section 6, Rule 78 of the Rules of Court.
        
        PREDECEASED PRETERITED HEIR = EFFECTIVE
        If the omitted compulsory heirs should die before the testator, the institution shall be effectual, without prejudice to the right of representation. (814a)
        
        EXCEPT IN CASE OF REPRESENTATION
        
        WHAT ABOUT DISINHERITANCE, INCAPACITY, AND REPUDIATION?
        DISINHERITANCE ALSO NEGATES PRETERITION (Material)
        
        PRETERITION DEFINED
        Preterition or pretermission is the TOTAL omission, whether intentional or not, of a compulsory heir in the inheritance of a person.
        
        NO PRETERITION IF:
        
        GIVEN ANYTHING
        a. NO MATTER HOW SMALL,
        b. EVEN IF UNNAMED
        If a compulsory heir is given a share in the inheritance no matter how small, there is no preterition, for here, under another article (Art. 906)
        It does not even matter whether the child was indicated in the will as heir or not; what is signifi cant is that a part of the estate has been given to him or her.
        
        INTESTACY LEAVES SOME
        a. NO MATTER HOW SMALL
        Moreover, even if the child had not received anything by virtue of a donation, or by virtue of the will, still if anything is left of the inheritance which he may get by intestacy, there is no preterition. Again, if what is left him by intestacy is less than his legitime, he is only entitled to its completion. (See 6 Sanchez Roman 1133).
        
        DONATION
        if a compulsory heir is not given anything in the will, but he has already received a donation from the testator, there is NO preterition because after all, a donation to a compulsory heir is considered an advance of the inheritance or legitime).
        
        LEGACY (or DEVISE)
        If an acknowledged natural child is not omitted in the will but is on the contrary given a legacy of some P3,000, this would not be a case of preterition. Testate Estate of Edward Christensen, L-23465, June 30, 1966
        
        NO PRETERITION OF SURVIVING SPOUSE, DESPITE BEING A COMPULSORY HEIR
        in the case of In Re Will of Leodegaria Julian, L-39247, June 27, 1975, where the Court ruled that since the surviving spouse is not in the direct line, her omission in the will does not constitute preterition.
        
        ANNULLED INSTITUTION OF HEIR STILL EVIDENCE OF INTENTION
        FACTS: Meliton Solano executed a will where he instituted as only heir, Sonia Solano, his acknowledged natural child, but omitted (preterited) two spurious children who were able to obtain compulsory recognition. Meliton also devised certain parcels of land in usufruct in favor of a devisee. How will the 3 compulsory heirs (Sonia and the 2 spurious children) inherit?
        HELD: The devise is valid BUT the institution of Sonia is void because of the preterition. However, instead of the 3 heirs sharing in the intestate estate (after removing the devise), said balance or remainder will all go to Sonia after subtracting the legitimes of the other two, since this was the clear intent of the testator.
        
        SUBSTITUTION OF HEIRS (SEC. 3)
        
        SUBSTITUTION DEFINED
        Article 857. Substitution is the appointment of another heir so that he may enter into the inheritance in default of the heir originally instituted. (n)
        
        SUBSTITUTION TYPES
        Article 858. Substitution of heirs may be:
        
        SIMPLE or COMMON
        Simple or common;
        
        BRIEF or COMPENDIOUS
        Brief or compendious;
        
        RECIPROCAL
        Reciprocal; or
        
        FIDEICOMMISARY
        Fideicommissary. (n)
        
        SIMPLE SUBSTITUTION
        Simple Substitution provide for the designation of another heir to whom the property shall pass in case the original heir should die before him/her, renounce the inheritance or be incapacitated to inherit.
        In simple substitution, the second heir takes the inheritance in default of the first heir by reason of incapacity, predecease, or renunciation. (Art. 859).
        
        FIDEICOMISSARY SUBSTITUTION
        In a fideicommissary substitution.
        the decedent-testator leaves his/her property to one person with the express charge that it be transmitted subsequently to another or others.
        
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        SUBSTITUTE SUBJECT TO SAME CHARGES AND CONDITIONS
        Article 862. The substitute shall be subject to the same charges and conditions imposed upon the instituted heir, unless and testator has expressly provided the contrary, or the charges or conditions are personally applicable only to the heir instituted. (780)
        
        FIDEICOMMISSARY SUBSTITUTION REQS:
        
        DOES NOT GO BEYOND ONE DEGREE FROM THE ORIGINALLY INSTITUTED HEIR
        
        BOTH 1ST & 2ND HEIR SURVIVE TESTATOR
        Article 863. A fideicommissary 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, shall be valid and shall take effect, provided such substitution does not go beyond one degree from the heir originally instituted, and provided further, that the fiduciary or first heir and the second heir are living at the time of the death of the testator. (781a)
        
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        UNLESS
        
        INTENDED OTHERWISE
        
        PERSONALLY APPLICABLE ONLY TO INSTITUTED HEIR
        
        SUBSTITUTE STILL INHERITS FROM TESTATOR'S ESTATE
        A instituted B and appointed C as substitute. From who does C inherit?
        ANS.: From A. The substitute enters the inheritance, not as an heir succeeding the first heir, but as an heir of the testator. (Perez v. Garchitorena, 54 Phil. 431).
        
        WHEN THERE IS SUBSTITUTION
        There is substitution when the testator provides that another would inherit in place of the instituted heir in case the latter is incapacitated, repudiates, or predeceases. He may also just provide that "B shall be the substitute of A" without indicating which is a cause for substitution and all RIP would be comprehended.
        
        EXTINGUISHED WHEN:
        
        PREDECEASE
        (a) when the substitute predeceases the testator
        
        INCAPACITATED
        (b) when the substitute is incapacitated
        
        RENOUNCED
        (c) when the substitute renounces the inheritance
        
        ANNULLED INSTITUTION OF HEIRS
        (d) when the institution of heir is annulled (say by preterition)
        
        REVOKED INSTITUTION or SUBSTITUTION
        (e) when the institution or the substitution is revoked by the testator
        
        VOID, DISALLOWED, REVOKED WILL
        (f) when a will is void or disallowed or revoked
        
        CONDITIONAL TESTAMENTARY DISPOSITIONS & TESTAMENTARY DISPOSITIONS WITH A TERM
        (SEC. 4)
        
        INSTITUTION MAY BE MADE WITH A
        
        CONDITION
        
        TERM
        
        CAUSE
        Article 871. The institution of an heir may be made conditionally, or for a certain purpose or cause. (790a)
        
        IMPOSED ON THE LEGITIME =
        NOT IMPOSED AT ALL
        Article 872. The testator cannot impose any charge, condition, or substitution whatsoever upon the legitimes prescribed in this Code. Should he do so, the same shall be considered as not imposed. (813a)
        
        IMPOSSIBLE/CONTRARY TO LAW GOOD CUSTOMS = VOID
        Article 873. Impossible conditions and those contrary to law or good customs shall be considered as not imposed and shall in no manner prejudice the heir, even if the testator should otherwise provide. (792a)
        
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        PROHIBITION ON PARTITION FOR 20 YEARS OR LESS IS VALID, INCLUDING LEGITIME
        The testator can validly impose a prohibition against the partition of the legitime, for a period not exceeding twenty years. (This is the only prohibition or condition that can affect or burden the legitime). Art. 1083 provides: “Every co-heir has a right to demand the division of the estate, unless the testator should have expressly forbidden its partition, in which case the period of indivision shall not exceed twenty years as provided in Art. 494. This power of the testator to prohibit division applies to the legitime. Even though forbidden by the testator, the co-ownership terminates when any of the causes for which partnership is dissolved takes place, or when the court fi nds for compelling reasons that division should be ordered, upon petition of one of the co-heirs.”
        
        EXAMPLE OF FOR A CAUSE
        A gave P300,000 so that the same may be spent for the interment of C, the late husband of A. (Chiong Joc-Soy v. Vano, 8 Phil. 119)
        
        ORDER vs CONDITION
        CONDITIONS EXPRESSLY PROVIDE SO
        Should my husband have children by anyone, he shall not convey any portion of the property left by me, except the one-third part thereof and the two-thirds remaining shall be and remain for my brother Vicente or his children should he have any;
        ORDERS PROVIDE NO CONDITION/STATEMENT THAT NON-COMPLIANCE WOULD FORFEIT ANYTHING
        That my said husband shall not leave my sisters after my death, and
        that he shall not marry anyone;
        
        NO CONDITION IMPOSED ON LEGITIME
        Article 904. The testator cannot deprive his compulsory heirs of their legitime, except in cases expressly specified by law.
        Neither can he impose upon the same any burden, encumbrance, condition, or substitution of any kind whatsoever. (813a)
        
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        CONDITIONS & TERMS SUMMARY:
        
        NOT PRESUMED ARE CONDITIONS
        
        LEGITIME CANNOT BE BURDENED BY CONDITION
        a. UNWRITTEN ONLY
        
        IMPOSSIBLE = UNWRITTEN
        
        IMPOSSIBLY VAGUE = UNWRITTEN
        
        ABSOLUTE CONDITION NOT TO REMARRY, ONLY IMPOSED BY
        a. SPOUSE
        b. TESTATOR'S ASCENDANTS
        c. TESTATOR'S DESCENDANTS
        -- USUFRUCT MAY BE BURDENED BY ANYONE AS SUCH
        
        RELATIVE PROHIBITION TO MARRY BY OTHERS IS VALID
        
        CONDITION TO MAKE A TESTAMENTARY PROVISION = UNWRITTEN
        
        SUSPENSIVE TERM = TRANSMISSIBLE
        a. SUSPENSIVE CONDITION = INTRANSMISSIBLE
        
        DESIGNATION OF DAY WHEN INSTITUTION EFFECTIVE = VALID
        a. EXCEPT FOR LEGITIME
        
        CONSTRUCTIVE FULFILLMENT
        
        SUBSTITUTION SUMMARY:
        
        EXTINGUISHED WHEN:
        a. RENOUNCED
        b. INCAPACITATED
        c. PREDECEASE
        d. ANNULLED INSTITUTION OF HEIRS
        e. REVOKED INSTITUTION or SUBSTITUTION
        f. VOID, DISALLOWED, REVOKED WILL
        
        SAME CHARGES & CONDITIONS ON SUBSTITUTE
        
        FIDEICOMMISSARY SUBSTITUTION MUST BE:
        a. ABSOLUTE OBLIGATION TO PRESERVE & TO TRANSMIT
        b. 1ST & 2ND HEIR SURVIVE TESTATOR
        c. 1 DEGREE LIMIT FROM FIDUCIARY
        
        NO FIDEICOMMISSARY SUBSTITUTION IF:
        a. NOT EXPRESS
        b. NOT IMPOSING ABSOLUTE OBLIGATION TO PRESERVE & TRANSMIT
        c. PERPETUAL PROHIBITION ALIENATION,
        d. INCOME/PENSION PAYMENT SUCCESSIVELY BEYOND ONE DEGREE,
        e. SECRET INVESTMENT/APPLICATION
        
        UNNWRITTEN FS IF VOID
        a. INSTITUTION OF HEIRS NOT ANNULLED
        
        LEGITIME CANNOT BE BURDENED WITH SUBSTITUTION = UNWRITTEN
        
        PRETERITION SUMMARY:
        
        ANNULS INSTITUTION
        a. LEGACIES/DEVICES RETAINED
        IF INOFFICIOUS, REDUCED
        
        NO PRETERITION IF:
        a. PREDECEASED PRETERITED HEIR
        -i. EXCEPT IF REPRESENTATION
        b. SURVIVING SPOUSE
        c. GIVEN ANYTHING NO MATTER HOW SMALL
        d. INTESTACY OR FREE PORTION AVAILABLE
        e. DONATION
        f. LEGACY/DEVISE
      - EQUAL SHARES AMONG INSTITUTED HEIRS IF NOT DESIGNATED
        Article 846. Heirs instituted without designation of shares shall inherit in equal parts. (765)
        
        INDIVIDUAL AND COLLECTIVE,
        COLLECTIVE = INDIVIDUAL
        Article 847. When the testator institutes some heirs individually and others collectively as when he says, "I designate as my heirs A and B, and the children of C," those collectively designated shall be considered as individually instituted, unless it clearly appears that the intention of the testator was otherwise. (769a)
        
        EQUALIZES FULL & HALF BLOODS
        INSTITUTED FULL & HALF BLOOD BROS & SIS = EQUAL
        Article 848. If the testator should institute his brothers and sisters, and he has some of full blood and others of half blood, the inheritance shall be distributed equally unless a different intention appears. (770a)
        
        EQUALIZES DIFFERENT DEGREES
        INSTITUTING PERSON AND THAT
        PERSON'S CHILDREN = SIMULTANEOUS, NOT SUCCESSIVE
        Article 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. (771)
        
        "HIS CHILDREN" IS HEIR'S CHILDREN
        PERSON AND CHILDREN OF PERSON
        
        "DEEMED" = "REBUTTABLY PRESUMED"
        
        LEGAL SUCCESION TO REMAINDER IF:
        
        INSTITUTED ONLY PART
        
        NO INTENT TO GIVE WHOLE TO TESTATE HEIRS
        Article 851. If the testator has instituted only one heir, and the institution is limited to an aliquot part of the inheritance, legal succession takes place with respect to the remainder of the estate.
        
        The same rule applies if the testator has instituted several heirs, each being limited to an aliquot part, and all the parts do not cover the whole inheritance. (n)
        
        INCREASE PRO RATA TESTATE SHARES IF:
        
        INSTITUTED ONLY PART
        
        WITH INTENT TO GIVE WHOLE TO TESTATE HEIRS
        Article 852. If it was the intention of the testator that the instituted heirs should become sole heirs to the whole estate, or the whole free portion, as the case may be, and each of them has been instituted to an aliquot part of the inheritance and their aliquot parts together do not cover the whole inheritance, or the whole free portion, each part shall be increased proportionally. (n)
        
        DECREASE PRO RATA TESTATE SHARES IF:
        
        INSTITUTED EXCESS
        
        INSTITUTED HEIRS EACH PART
        Article 853. If each of the instituted heirs has been given an aliquot part of the inheritance, and the parts together exceed the whole inheritance, or the whole free portion, as the case may be, each part shall be reduced proportionally. (n)
        
        EXCEPTION
        (Paras)
        
        INSTITUTE AS MY ONLY HEIRS
        “I hereby institute as my only heirs A, B, and C, each one to get 1/4 of my estate.” The 1/4 still undistributed should clearly be divided proportionately in this particular case, equally among A, B, and C, since this is the evident intention of the testator.
        
        NO INTENT TO GIVE ALL TO
        INSTITUTED HEIRS
        Art. 851 applies when there is a remainder or balance and there is NO INTENT to give all to the instituted heir or heirs. If there is such INTENT, the remainder should be divided proportionately, applying Art. 852.
        
        GENERAL RULE
        (Paras)
        
        UNLESS INTENTION IS OTHERWISE
        
        UNLESS INTENTION IS OTHERWISE
        
        "A, B, 3 CHILDREN OF C"
        FOR 100,000 - EACH GET 20,000
        I institute as my heirs A, B, and the three children of C to my estate of P100,000.’’ How much will each of the three children get?
        ANS.: P20,000 each. Reason: Although collectively designated, they shall be considered individually instituted (estate to be divided into 5), unless it clearly appears that the testator’s intention was otherwise. (See 6 Manresa 102).
        
        "ISSUES" or "DESCENDANTS" INCLUDES ALL DESCENDANTS UNTIL REMOTEST DEGREE
        The term “issues’’ or “descendants,’’ unexplained by anything in the context of the instrument, means ALL persons descending lineally from another, to the remotest degree, and includes persons so descended, even though their own parents are still living; and such descendants take per capita (per person) and NOT per stirpes (by groups). (Wyeth, et al. v. Crane, 174 N.E. 871; Belen v. Bank of the Philippine Islands, et al., L-14474, Oct. 31, 1960).
        
        CHILD, FRIEND, FRIEND
        
        DISTRIBUTE LEGITIME
        
        DISTRIBUTE REMAINING FP TO ALL, INCLUDING CHILD
        T instituted A (his son), B, and C, to an estate of P300,000. A gets as legitime 1/2 of the estate or P150,000. The remaining P150,000 will be divided equally among A, B, and C. Thus, A gets a total of P200,000 – P150,000 as legitime, P50,000 as instituted heir.
        
        INSTITUTED: A,B, & C
        A: PIANO OF 10,000
        B: DIAMOND RING OF 30,000
        A: 100,000 = PIANO 10,000 + 90,000
        B: 100,000 = RING 30,000 + 70,000
        C: 100,000
        A, B, and C were instituted heirs to an estate totally valued at P300,000 but it was specifically provided that the piano (in the estate) worth P10,000 should go to A, and a diamond ring (also in the estate) worth P30,000 must go to B. How will the entire estate be divided?
      - SHARES SUMMARY
        
        EQUAL SHARES IF NO DESIGNATED
        
        COLLECTIVE = INDIVIDUAL, IF MINGLED
        
        EQUALIZED
        a. HEIR AND CHILDREN
        b. FULL AND HALF-BLOODS
        
        REMAINDER PRESUMED FOR INTESTACY
        a. UNLESS WHOLE WAS INTENDED
        =i. INCREASE PRO RATA IF SO
        
        DECREASE PRO RATA IF EXCEEDING
    - - WILL STAY VALID EVEN IF
        
        NO INSTITUTION OF HEIR
        
        PARTIAL
        
        REPUDIATED OR INCAPACITATED
        Article 841. A will shall be valid even though it should not contain an institution of an heir, or such institution should not comprise the entire estate, and even though the person so instituted should not accept the inheritance or should be incapacitated to succeed.
        
        NO COMPULSORY HEIRS = MAY DISPOSE ALL ESTATE; IF WITH COMPULSORY HEIRS,
        CANNOT IMPAIR LEGITIME
        Article 842. One who has no compulsory heirs may dispose by will of all his estate or any part of it in favor of any person having capacity to succeed.
        One who has compulsory heirs may dispose of his estate provided he does not contravene the provisions of this Code with regard to the legitime of said heirs. (763a)
        
        HOW DESIGNATED: HEIR
        NAME & SURNAME
        Article 843. The testator shall 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.
        
        OMITTED NAME BUT DESIGNATED WITH CERTAINTY
        Even though the testator may have omitted the name of the heir, should he designate him in such manner that there can be no doubt as to who has been instituted, the institution shall be valid. (772)
        
        ERROR DOES NOT VITIATE IF THE HEIR IS DETERMINABLE WITH CERTAINTY
        Article 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.
        
        CANNOT BE IDENTIFIED, NO HEIRS
        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. (773a)
        
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        UNKNOWN PERSON
        Article 845. Every disposition in favor of an unknown person shall be void, unless by some event or circumstance his identity becomes certain.
        
        STATED FALSE CAUSE = UNWRITTEN
        Article 850. The statement of a false cause for the institution of an heir shall be considered as not written, unless it appears from the will that the testator would not have made such institution if he had known the falsity of such cause. (767a)
        
        BAR TOPNOTCHER WHO IS NOT SO
        “I hereby institute my student X as my heir for having topped the bar examinations of 2003.” If X was not the topnotcher, would he still inherit?
        ANS.: Yes, because the false cause or reason is considered as not written.
        
        ANNULS INSTITUTION OF HEIR IF CAUSE IS
        
        STATED
        
        FALSE
        
        TESTATOR WOULD NOT HAVE INSTITUTED
        a. IF FALSITY WAS KNOWN TO HIM
        b. APPEARS ON THE WILL
        
        First, the cause for the institution of heirs must be stated in the will;
        Second, the cause must be shown to be false; and
        Third, it must appear from the face of the will that the testator would not have made such an institution if he had known the falsity of the cause.
        The fact that the testator would not have made the institution if he had known of the falsity of the cause, must appear in the will itself (See Art. 850; 6 Manresa 99), hence, proof outside the will is not admissible in proving such intent.
        (Austria v. Reyes)
        
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        DEFINITE CLASS/GROUP
        OF PERSONS VALID
        However, a disposition in favor of a definite class or group of persons shall be valid. (750a)
        
        UNLESS ASCERTAINABLE
        A determining circumstance or event may arise to pinpoint one person when such event occurs.
        
        "My student in IV-A who will get the highest grade in Civil Law among his classmates in the bar of 2004
        This is valid because of the determining circumstance.
        
        SUPPLY WITH CIRCUMSTANCE IF 2 HEIRS HAVE THE SAME NAMES
        
        PARTIAL LEAVES REMAINDER TO LEGAL HEIRS
        In such cases the testamentary dispositions made in accordance with law shall be complied with and the remainder of the estate shall pass to the legal heirs. (764)
      - ADJUDICATION BY SOLE HEIR OF ENTIRE ESTATE: AFFIDAVIT - ADJUDICATION STILL NECESSARY EVEN WITH SOLE HEIR
        When Is Adjudication By An Heir of the Decedent’s Entire Estate to Himself By Means of an Affidavit Allowed? Only if he is the sole heir of the estate. (Delgado Vda. de Dela Rosa v. Heirs of Marciana Vda. de Damian, 480 SCRA 334 [2006]).
        Even if only one heir is instituted, there must still be a judicial order of adjudication. The order of adjudication is the judicial recognition that in instituting the heir, the deceased did not contravene the law, and that the heir was in no way disqualifi ed to inherit. (Lopez v. Gonzaga, et al., L-18788, Jan. 31, 1964).
    - - BORN 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.
        
        NOT BORN IF
        
        LESS THAN 7 MONTHS OF INTRA-UTERINE LIFE
        
        DIES WITHIN 24 HOURS AFTER COMPLETE 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)
  - - - FORM OF WILLS
        (SUBSECTION 3)
        
        NOTARIAL WILL
        
        HOLOGRAPHIC WILL
        
        HOLOGRAPHIC WILL
        OWN HAND OF TESTATOR...
        
        WRITTEN
        
        DATED
        a. DAY, MONTH, YEAR
        
        SIGNED
        a. END OF THE WILL
        Article 810. A person may execute a holographic will which must be entirely written, dated, and signed by the hand of the testator himself.
        
        NOT REQUIRED
        
        SUBJECT TO NO OTHER FORM
        
        MAY BE MADE IN/OUT OF PH
        
        NEED NOT BE WITNESSED
        It is subject to no other form, and may be made in or out of the Philippines, and need not be witnessed. (678, 688a)
        
        WITNESSES (MANDATORY)
        
        1 WITNESS
        a. KNOWS HANDWRITING
        b. KNOWS SIGNATURE
        
        IF CONTESTED, 3 WITNESSES
        
        IF NONE, EXPERT TESTIMONY
        Article 811. In the probate of a holographic will, it shall be necessary that at least one witness who knows the handwriting and signature of the testator explicitly declare that the will and the signature are in the handwriting of the testator. If the will is contested, at least three of such witnesses shall be required.
        
        In the absence of any competent witness referred to in the preceding paragraph, and if the court deem it necessary, expert testimony may be resorted to. (619a)
        
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        INVALIDATORS:
        
        TYPEWRITTEN, PRINTED, IN A COMPUTER PRINT-OUT OR MIMEOGRAPHED = VOID
        
        NO DATE
        
        PRINTED DATE
        
        INCOMPLETE (INDETERMINATE) DATE
        June 8, 200_
        
        INCORRECT DATE (inserted in bad faith)
        
        STILL VALID
        
        LATER DATE, WHICH IS PREFERRED
        
        DETERMINATE DATE
        Independence Day, 2002
        
        INCORRECT DATE (made in good faith)
        
        UNWRITTEN
        
        UNSIGNED ERASURES, CORRECTIONS, & INTERLINEATIONS
        When a number of erasures, corrections, and interlineations made by the testator have not been noted under his signature, the will is not invalidated as a whole but (at most) only as respects the particular words erased, corrected, or interlined [Velasco ruling].
        
        DATE MUST INCLUDE DAY, MONTH, YEAR
        As a general rule, the “date” in a holographic will should include the day, month, and year of its execution.
        (Roxas v. De Jesus, Jr.)
        
        "FEB./61 IS IMPERFECTION THAT MAY BE ALLOWED BY SUBSTANTIAL COMPLIANCE PRINCIPLE
        However, when as in the case at bar, there is no appearance of fraud, bad faith, undue influence and pressure and the authenticity of the will is established and the only issue is whether or not the date “Feb./61” appearing on the holographic will is a valid compliance with Art. 810 of the Civil Code, probate of the holographic will should be allowed under the principle of substantial compliance.
        
        SIGNATURE MUST APPEAR AT THE END OF THE WILL
        The signature must appear at the end of the will. This is evident from the fact that additional dispositions can be “written below his signature.” (See Art. 812).]
        
        ATTESTED WILLS MUST BE:
        
        SUBSCRIBED AT THE END BY TESTATOR
        Article 805. Every will, other than a holographic will, must be subscribed at the end thereof by the testator himself or by the testator's name written by some other person in his presence, and by his express direction, and attested and subscribed by three or more credible witnesses in the presence of the testator and of one another.
        
        The testator or the person requested by him to write his name and the instrumental witnesses of the will, shall also sign, as aforesaid, each and every page thereof, except the last, on the left margin, and all the pages shall be numbered correlatively in letters placed on the upper part of each page.
        
        The attestation shall state the number of pages used upon which the will is written, and the fact that the testator signed the will and every page thereof, or caused some other person to write his name, under his express direction, in the presence of the instrumental witnesses, and that the latter witnessed and signed the will and all the pages thereof in the presence of the testator and of one another.
        
        If the attestation clause is in a language not known to the witnesses, it shall be interpreted to them. (n)
        
        "ATTESTATION" WITNESSING TESTATOR'S EXECUTION OF THE WILL
        Art. 805 uses the terms attested and subscribed. Attestation consists in witnessing the testator’s execution of the will in order to see and take note mentally that those things are done which the statute requires for the execution of a will and that the signature of the testator exists as a fact. (See Rogadale v. Hill, 269 SW 2d 911).
        
        "SUBSCRIPTION" IS SIGNING OF WITNESSES' NAMES ON PAPER TO IDENTIFY IT AS THE WILL
        On the other hand, subscription is the signing of the witnesses’ names upon the same paper for the purpose of identifying such paper as the will which was executed by the testator.
        
        SUBSCRIBED AT THE END BY TESTATOR
        1
        
        ATTESTATION CLAUSE
        4
        
        MARGINAL SIGNATURES
        1
        
        PAGE NUMBERS
        1
        
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        GENERALLY,
        
        TESTATOR/REP SHALL WRITE HIS NAME/SIGN
        AND
        
        WITNESSES SHALL SIGN EACH AND EVERY PAGE, EXCEPT THE LAST PAGE
        General rule: Testator or his representative shall write his name, and the witnesses shall sign each and every page except the last page [Art. 805, CC].
        
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        BOTH TESTATOR + INTSTRUMENTAL WITNESSES OF THE WILL SIGN
        The testator or the person requested by him to write his name and the instrumental witnesses of the will, shall also sign, as aforesaid, each and every page thereof, except the last, on the left margin, and all the pages shall be numbered correlatively in letters placed on the upper part of each page. (Art. 805(2))
        
        TEST OF PRESENCE
        (Test of Available Senses)
        
        DOES NOT REQUIRE ACTUALLY SEEING THE OTHER SIGN;
        NOT whether they actually saw each other sign, but whether
        they might have seen each other sign
        had they chosen to do so
        considering their mental and physical condition and
        position with relation to each other
        at the moment of inscription of each signature [Jaboneta v. Gustilo, G.R. No. 1641 (1906)].
        
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        EFFECT OF OMISSSIONS
        
        OMISSIONS CAN BE SUPPLIED BY
        MERE EXAMINATION OF THE WILL,
        NOT REQUIRING EXTRINSIC EVIDENCE
        Omissions can be supplied by an examination of the will itself, without the need of resorting to extrinsic evidence, will not be fatal and will not prevent allowance of the will.
        
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        SUBSTANTIAL COMPLIANCE RULE REFERS ONLY TO THE FORM OF THE
        ATTESTATION CLAUSE
        
        SUBSTANTIAL COMPLIANCE APPLIES ONLY WHEN DEFECTS/IMPERFECTIONS CAN BE SUPPLIED BY AN EXAMINATION
        Substantial compliance rule applies only in cases when such defects and imperfections can be supplied by an examination of the will itself.
        
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        (REQUIREMENTS)
        
        EXECUTION
        
        ATTESTED & SUBSCRIBED
        (NOT SAME AS ATTESTATION CLAUSE)
        
        BY 3 OR MORE CREDIBLE WITNESSES
        
        ITP OF TESTATOR..
        
        ...AND OF ONE ANOTHER
        Attested and subscribed by 3 or more credible witnesses in the presence of the testator and of one another [Art. 805, CC]
        
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        SUBSCRIBED TO, AT THE END OF THE WILL
        EITHER BY...
        
        THE TESTATOR HIMSELF
        OR
        
        THE TESTATOR'S NAME WRITTEN BY A REPRESENTATIVE IN HIS PRESENCE + UNDER HIS EXPRESS DIRECTION
        
        INVALIDATORS
        
        NOT AT THE END, SIGNATURE
        If the will is not signed at the END but somewhere else, the will is NOT VALID. (See Freiese’s Estate, 336 Pa. 214).
        
        AFTER-SIGNATURE PROVISIONS INVALIDATES ENTIRE WILL
        So important is this requirement that if after the signature there are additional clauses or provisions, not only should those clauses be considered void, but also the WHOLE WILL from beginning to end, and will, therefore, be denied probate. (Matter of Tyner, 138 Misc. 192, 245 N.Y. Supp. 206; see Re Andrews, 162 N.Y. 1, 56 N.E. 529).
        
        LOGICAL END, NOT PHYSICAL END
        END” of the will — means the LOGICAL, not the physical end of the will. (See Stinson’s Estate, 228 Pa. 475). Thus, if a will starts on the 1st page, continues on the 3rd page, but is concluded on the 2nd page, the end of the 2nd page is the logical end.
        
        SOMEONE NOT ITP UED SIGNED TESTATOR'S NAME
        a. FAILURE TO STATE THAT FACT
        A cross can be a sign. when SOMEBODY ELSE writes the testator’s name for him, the mere placing by the testator of a cross after his name, without there being in the will a statement that somebody had signed for the testator, is NOT SUFFICIENT, and the will is considered void, not because of the cross, but because of failure to state the signing of name by somebody else. (Garcia v. La Cuesta, et al., L-4067, Nov. 29, 1961). The Court in the La Cuesta case said it would have been different had it been proved that the cross was the usual signature of the testator, or was even one of the ways by which he signed his name. If this were so, failure to state the writing by somebody else would have been immaterial, since he would be considered to have signed the will himself.
        
        WON'T INVALIDATE
        
        SURNAME NOT NEEDED
        If the testator’s first name appears, without the surname, the will is valid. (Yap Tua v. Yap Ka Kuan, 27 Phil. 579).
        
        MISPELLED NAME
        
        ABBREVIATED NAME
        
        ASSUMED NAME
        
        NEW NAME AFTER MARRYING
        If the testator’s name is misspelled, abbreviated, or by nickname, or by “Father” or “Mother,” or in an assumed name, this is alright. This is true even in the case of a will signed by the testatrix after her second marriage in the name she had borne under her former marriage. (Ibid., Sec. 247).
        
        THUMBMARK
        
        INITIALS
        
        RUBBER STAMP
        
        ENGRAVED DYE
        
        GUIDED HAND
        A testator can sign with his thumbmark (Solar v. Diancin, 55 Phil. 479; De Gala v. Gonzales, 51 Phil. 480) or with his initials (Yap Tua v. Yap Ka Kuan, 27 Phil. 579), or even with a rubber stamp or an engraved dye, provided he intends the same to be his signature. (Thompson on Wills, Sec. 108, pp. 171-173). Even if the testator’s hand is guided by another when the signing or marking is made, the signing will still be valid, and will be considered as having been done by the testator himself. (Amata v. Tablejo, 48 Phil. 485).
        
        CROSS SIGN
        A testator can sign with a mere cross if he intends that to be his signature (See Abaya v. Zalamero, 10 Phil. 357; Leario v. Leano, 30 Phil. 612).
        
        RATIO: INTENTION FOR NAME TO BE SIGNATURE
        This is all right provided the testator intended same to be his signature. (57 Am. Jur. Wills, Secs. 244, 245, 246, 247).
        
        PERSON SIGNING ON BEHALF OF TESTATOR MUST NOT BE ONE OF 3 WITNESSES
        Somebody else may write the TESTATOR’S NAME for the latter, provided this is done in the latter’s presence and at the latter’s express direction. (Art. 806). The person writing for the testator should NOT be one of the 3 witnesses. Of course, if there be more than 3 witnesses, one of them may sign for the testator. (See In Re Will of Tan Diuco, 45 Phil. 807
        PERSON SIGNING FOR TESTATOR CAN BE SUBSCRIBING WITNESS
        If the person who signs the name of the testator is one of the subscribing witnesses, this is all right. (Barut v. Cagacungan, 21 Phil. 461).
        
        EXAMPLE OF SIGNING ON TESTATOR'S BEHALF
        “For the testator, Mr. Ty by Miss Ty,’’ or “Mr. Ty, by Miss Ty.’’ (See Ex Parte Arcenas, 4 Phil. 700; Ex Parte Juan Ondevilla, 13 Phil. 479).
        
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        "IN TESTATOR'S PRESENCE"
        TESTATOR NEED NOT ACTUALLY SEE THE SIGNING ON HIS BEHALF, ONLY THAT HE COULD HAVE SEEN IT
        The delegate must sign in the TESTATOR’S PRESENCE [this does not necessarily mean that the testator must actually see the signing; it is enough that he could have done so, or felt it — (as when he is blind) — without any physical obstruction, had he wanted to]. (Jaboneta v. Gustilo, 5 Phil. 641; Yap Tua v. Yap Ka Kuan, 27 Phil. 579).
        
        "EXPRESS DIRECTION" MAY BE GIVEN WITHOUT WRITTEN WORDS, SUCH AS:
        
        NODDING; OR
        
        VERBALLY SAYING YES
        “Express direction” — means that the delegate must be expressly authorized to do so. Hence, mere knowledge on his part that the will is being signed in his behalf or his acquiescence to such an act is NOT suffi cient. (67 Am. Jur. Wills, Sec. 259; Anno. 16 B.R.C. 320; Waite v. Frisbe, 45 Minn. 361). However, an express direction may be given by the testator even without using words — mere clear gestures or motions or conduct is suffi cient. (57 Am. Jur. Wills, Sec. 259). Thus, in one case, when a witness asked the testatrix if he should sign for her, and she answered “Yes” or nodded her head, it was held that there was express authorization. (Ex Parte Leonard, 139 S.C. 518).
        
        REQUIREMENTS OF A WILL
        
        SUBSCRIBED AT THE END
        
        ATTESTATION CLAUSE
        
        MARGINAL SIGNATURES
        
        PAGE NUMBERS
        
        ATTESTED BY WITNESSES
        
        SUBSCRIBED BY TESTATOR & WITNESSES, IN THE PRESENCE OF EACH OTHER
        
        ADDITIONAL REQS FOR HANDICAPPED
        
        WITNESSES TO WILLS
        (SUBSECTION 4)
        
        CODICILS AND INCORPORATION BY REFERENCE
        (SUBSECTION 5)
        
        REVOCATION OF WILLS AND
        TESTAMENTARY DISPOSITIONS
        (SUBSECTION 6)
        
        REPUBLICATION AND REVIVAL OF WILLS
        (SUBSECTION 7)
        
        ALLOWANCE AND DISALLOWANCE OF WILLS
        (SUBSECTION 8)
        
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        NO REPUBLISHING IF
        NO VALID WILL IN THE FIRST PLACE.
        Article 835. The testator cannot republish, without reproducing in a subsequent will, the dispositions contained in a previous one which is void as to its form. (n)
        
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        ME: REVIVAL or REPUBLICATION BECOMES THE NEW POINT WHEN THE WILL IS EXECUTED
        
        REPUBLICATION & REVIVAL OF WILLS SUMMARY:
        
        NO VALID WILL = NO REPUBLISHING
        a. BUT IF REPRODUCED = REPUBLISH
        
        REFERENCE BY CODICIL = REPUBLISH
        a. REVOKED VALID WILL NEED NOT BE REPRODUCED
        
        REVOKED 2ND WILL EXPRESSLY REVOKING 1ST DOES NOT REVIVE 1ST
        
        REVOCABLE INTER VIVOS
        Article 828. A will may be revoked by the testator at any time before his death.
        
        VALIDITY DEPENDS ON PLACE WHERE IT IS EXECUTED
        Article 829. A revocation done outside the Philippines, by a person who does not have his domicile in this country, is valid when it is done according to the law of the place where the will was made, or according to the law of the place in which the testator had his domicile at the time; and if the revocation takes place in this country, when it is in accordance with the provisions of this Code. (n)
        
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        ANY WAIVER OR RESTRICTION OF REVOCATION IS VOID
        Any waiver or restriction of this right is void. (737a)
        
        BUT PROVISIONS EFFECTIVE IMMEDIATELY CAN BE VALID IF PROPER FORMALITIES AND REQUISITES ARE PRESENT
        (Paras)
        
        WILL & CODICIL NEED NOT BE PRESENTED FOR PROBATE AT THE SAME TIME
        (Macam v. Gatmaitan)
        
        REVOCATION AFTER PROBATE IS VALID
        The Supreme Court held that after a will has been probated during the lifetime of a testator, it does not necessarily mean that he cannot alter or revoke the same before his death.
        Should he make a new will, it would also be allowable on his petition, and if he should die before he has had a chance to present such petition, the ordinary probate proceedings after the testator’s death would be in order.
        
        REVOCATION OF WILLS & TESTAMENTARY SUMMARY:
        
        REVOCABLE INTER VIVOS
        a. WAIVER/RESTRICTIONS VOID
        
        GOVERNS BY LAWS OF COUNTRY EXECUTED
        
        REVOKED WILL STILL RECOGNIZES IC
        a. BUT VOID WILL CANNOT RECOGNIZE
        
        REVOCATION VALID WHEN
        
        IMPLICATION OF LAW
        a. PRETERITION
        b. UNWORTHINESS
        c. LEGAL SEPARATION
        
        WILL, CODICIL, WRITING
        
        DESTRUCTION
        a. ACT
        b. ANIMUS REVOCANDI
        c. INST IS WILL ITSELF
        
        INCOMPATIBLE WILL
        a. REVOKES INSOFAR AS INCONSISTENT
        
        INEFFECTIVE WILL WITH REVOCATION
        a. STILL EFFECTIVE REVOCATION
        
        PRESUMED CANCELLED IF
        a. UNFOUND WILL; AND
        -i. POSSESSED BY TESTATOR; OR
        -ii. READY ACCESS TO TESTATOR
        
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        CODICIL
        
        SUPPLEMENTS A WILL AFTER EXECUTION
        
        ANNEXED TO THE WILL
        Article 825. A codicil is supplement or addition to a will, made after the execution of a will and annexed to be taken as a part thereof, by which disposition made in the original will is explained, added to, or altered. (n)
        
        CODICILS MUST COMPLY WITH
        REQUIREMENTS OF A WILL
        Article 826. In order that a codicil may be effective, it shall be executed as in the case of a will. (n)
        
        REQUISITIES FOR ANNEXES OF A WILL
        Article 827. If a will, executed as required by this Code, incorporates into itself by reference any document or paper, such document or paper shall not be considered a part of the will unless the following requisites are present:
        
        EXISTENT WHEN WILL WAS MADE
        The document or paper referred to in the will must be in existence at the time of the execution of the will;
        
        WILL CLEARLY DESCRIBES & IDENTIFIES
        a. THE ANNEX; AND
        b. ITS # OF PAGES
        The will must clearly describe and identify the same, stating among other things the number of pages thereof;
        
        CLEAR & SATISFACTORY PROOF AS DOCUMENT REFERRED TO THEREIN
        It must be identified by clear and satisfactory proof as the document or paper referred to therein; and
        
        SIGNED BY TESTATOR & WITNESSES ON EACH AND EVERY PAGE
        a. EXCEPT IF VOLUMINOUS BOOKS OF ACCOUNT OR INVENTORIES
        It must be signed by the testator and the witnesses on each and every page, except in case of voluminous books of account or inventories. (n)
        
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        WILL & CODICIL NEED NOT BE PRESENTED FOR PROBATE AT THE SAME TIME
        (Macam v. Gatmaitan)
        
        CODICILS ARE ALWAYS MADE
        AFTER THE WILL
        (Paras)
        
        CODICIL PREVAILS OVER WILL
        In case of conflict between a will and a codicil, it is understood that the latter should prevail, it being the later expression of the testator’s wishes. (See 57 Am. Jur. Wills, Sec. 608).
        
        CODICILS SUMMARY:
        
        CODICIL MUST COMPLY WITH WILL REQS
        
        DEFINITION:
        a. SUPPLEMENTS WILL
        b. AFTER EXECUTION
        c. ANNEXED TO WILL
        
        MERE ANNEXES TO WILL
        a. EXISTENT UPON MAKING
        b. WILL CLEARLY DESCRIBES & IDENTIFIES:
        -i. ANNEX
        -ii. # OF PAGES
        c. CLEAR & SATISFACTORY PROOF AS REFERRED DOCUMENT
        d. SIGNED ON EACH & EVERY PAGE BY
        -i. TESTATOR
        -ii. WITNESSES (SAVE FOR HOLOGRAPHIC)
        --EXCEPT FOR VOLUMINOUS BOOKS OF ACCOUNTS/INVENTORIES
        
        REQ FOR WITNESSES->
        Article 820. Any person of sound mind and of the age of eighteen years or more, and not blind, deaf or dumb, and able to read and write, may be a witness to the execution of a will mentioned in article 805 of this Code. (n)
        
        DQ FOR WITNESSES->
        Article 821. The following are disqualified from being witnesses to a will:
        (1) Any person not domiciled in the Philippines;
        (2) Those who have been convicted of falsification of a document, perjury or false testimony. (n)
        
        SUPERVENING INCOMPETENCE DOES
        NOT AFFECT THE WILL
        Article 822. If the witnesses attesting the execution of a will are competent at the time of attesting, their becoming subsequently incompetent shall not prevent the allowance of the will. (n)
        
        WITNESSES ARE INCAPACITATED TO INHERIT (BY HEIR)
        Article 823. If a person attests the execution of a will, to whom or to whose spouse, or parent, or child, a devise or legacy is given by such will, such devise or legacy shall, so far only as concerns such person, or spouse, or parent, or child of such person, or any one claiming under such person or spouse, or parent, or child, be void, unless there are three other competent witnesses to such will.
        
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        QUALIFICATIONS FOR WITNESSES TO NOTARIAL WILLS
        
        SOUND MIND
        
        AT LEAST 18
        
        ABLE TO READ AND WRITE
        
        NOT BLIND, DEAF, OR DUMB
        
        DOMICILED IN THE PH
        
        NOT CONVICTED OF
        a. FALSIFICATION
        b. PERJURY
        c. FALSE TESTIMONY
        
        WITNESSES NEED NOT SEE THE
        CONTENTS OF THE WILL
        Is it essential for the witness to be able to speak and write the very language in which the will was written?
        No, since after all, the witness does not even have to know the contents of the will. Therefore, he does not have to understand the language concerned.
        
        WITNESSES NEED NOT BE FILIPINO CITIZENS, JUST DOMICILED IN PH
        
        TRUSTWORTHINESS AND RELIABILITY IS REBUTTABLY PRESUMED
        While the instrumental witnesses to a will must be shown to have the qualifi cations under Art. 820 of the Civil Code and none of the disqualifi cations under Art. 821, it is presumed that they are trustworthy and reliable, unless the contrary is established (Gonzales v. CA)
        
        FORMAL REQUISITES:
        
        WRITTEN
        The will must be in writing.
        
        LANGUAGE/DIALECT KNOWN TO TESTATOR
        It must be in a language or dialect known to the testator
        
        Article 804. Every will must be in writing and executed in a language or dialect known to the testator. (n)
        
        NOTARIAL WILLS MUST BE:
        
        ACKNOLWEDGED BEFORE NP
        a. BY TESTATOR
        b. BY WITNESSES
        Article 806. Every will must be acknowledged before a notary public by the testator and the witnesses.
        
        DEAF or DEAF-MUTE
        MUST PERSONALLY READ THE WILL
        Article 807. If the testator be deaf, or a deaf-mute, he must personally read the will, if able to do so;
        
        BLIND, WILL SHALL BE READ TWICE
        
        BY SUBSCRIBING WITNESS
        
        BY NOTARY PUBLIC
        Article 808. If the testator is blind, the will shall be read to him twice; once, by one of the subscribing witnesses, and again, by the notary public before whom the will is acknowledged. (n)
        
        SUBSTANTIAL COMPLIANCE:
        DEFECTS & IMPERFECTIONS DO NOT INVALIDATE THE WILL IF:
        EXECUTED AND ATTESTED IN SUBSTANTIAL COMPLIANCE WITH REQUIREMENTS OF ART. 805
        Article 809. In the absence of bad faith, forgery, or fraud, or undue and improper pressure and influence, defects and imperfections in the form of attestation or in the language used therein shall not render the will invalid if it is proved that the will was in fact executed and attested in
        substantial compliance with all the requirements of article 805. (n)
        
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        ALSO INCLUDES:
        
        ILLETERATES
        While the law imposes the requirement only when the testator is blind, the SC has expanded the coverage of the law also to those who are illiterate.
        (Cosico v. Cosico)
        
        GLAUCOMA
        A testator suffering from glaucoma may be considered as legally blind [Garcia v. Vasquez, G.R. No. L-26615 (1970)]
        
        INCAPABLE OF READING THEIR WILLS FOR ANOTHER REASON
        Article 808 of the Civil Code applies not only to blind testators but also to those who, for one reason or another, are incapable of reading their wills.(Alvarado v. Gaviola, Jr.)
        
        IF NOT, 2 PERSONS MUST READ AND COMMUNICATE THE CONTENTS TO HIM
        otherwise, he shall designate two persons to read it and communicate to him, in some practicable manner, the contents thereof. (n)
        
        NOTARY PUBLIC NEEDS NO COPY OR FILE WITH THE CLERK OF COURT'S OFFICE
        The notary public shall not be required to retain a copy of the will, or file another with the office of the Clerk of Court.(n)
        
        HOLOGRAPHIC WILLS NEED NOT BE ACKNOWLEDGED
        Though the Article says “every Will,” it is understood to refer only to notarial or ordinary Wills, not to holographic Wills. This is evident because the law says that the acknowledgment should be “by the testator and the witnesses,” and a holographic Will needs no witnesses. (Art. 810)
        
        WILLS CANNOT BE AN E-DOCUMENT
        Any contractual agreement entered into may be deemed valid and enforceable even if it is in the form an e-document, EXCEPT in the execution of a will. (Paras)
        
        E-SIGNATURE IS NOT HANDWRITTEN
        [NOTE: An e-signature is NOT A HANDWRITTEN SIGNATURE that is scanned or graphically imprinted on the e-document. (Marlene A. Tucker, “A Comparative Study of the Regulatory Framework of E-Commerce in the Philippines and Singapore,” Phil. Law Journal, June 2001, Vol. 75, No. 4, p. 823).]
        
        PRESUMED KNOWLEDGE OF LANGUAGE OF RESIDENCE
        If the testator resides in a certain locality, it can be presumed that he knows the language or dialect in said locality. This is rebuttable however.
        (Abangan v. Abangan)
      - TESTAMENTARY CAPACTIY IS
        POSSESSED BY ALL
        Article 796. All persons who are not expressly prohibited by law may make a will. (662)
        
        AGE IS 18 OR ABOVE
        Article 797. Persons of either sex under eighteen years of age cannot make a will. (n)
        
        SOUND MIND IS REQUIRED
        Article 798. In order to make a will it is essential that the testator be of sound mind at the time of its execution. (n)
        
        FULL POSSESSION OF ALL REASONING FACULTIES NOT NEEDED
        Article 799. To be of sound mind, it is not necessary that the testator be in full possession of all his reasoning faculties, or that his mind be wholly unbroken, unimpaired, or unshattered by disease, injury or other cause.
        It shall be sufficient if the testator was able at the time of making the will to know the nature of the estate to be disposed of, the proper objects of his bounty, and the character of the testamentary act. (n)
        
        PRESUMED SOUND MIND
        Article 800. The law presumes that every person is of sound mind, in the absence of proof to the contrary.
        
        SUPERVENING IN/CAPACITY INEFFECTIVE
        Article 801. Supervening incapacity does not invalidate an effective will, nor is the will of an incapable validated by the supervening of capacity. (n)
        
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        BURDEN OF PROOF ON OPPOSER OF PROBATE
        The burden of proof that the testator was not of sound mind at the time of making his dispositions is on the person who opposes the probate of the will;
        
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        JUDICIALLY DECLARED INSANE =
        PRESUMED INSANE
        If the testator made the will after he had been judicially declared insane, and before such judicial order had been set aside. (Torres v. Lopez, 48 Phil. 772).
        
        NO PRESUMPTION OF INSANITY WHEN
        
        DELIRIUM
        
        INSANITY OF PARENTS AND CHILDREN
        (Testate Estate of Valeriano Raymundo)
        
        FORGETFULNESS
        Forgetfulness is not equivalent to being of unsound mind
        
        PARTIAL IMBECILITY
        
        WEANESS OF MIND
        mere weakness of mind or partial imbecility from disease of body or from age does not render a person incapable of making a will.
        (Baltazar v. Laxa)
        
        TESTATOR MUST KNOW:
        
        NATURE OF ESTATE
        -that testator knows the nature of the estate to be disposed of (character, ownership of what he is giving)
        
        PROPER OBJECTS OF HIS BOUNTY
        -that testator knows the proper objects of his bounty (by persons who for some reason expect to inherit something from him — like his children)
        
        CHARACTER OF TESTAMENTARY ACT
        -that testator knows the character of the testamentary act (that it is really a will, that it is a disposition mortis causa, that it is essentially revocable)
        
        AGE OF MAJORITY IS 21 (FC 234)
        Therefore, a minor (18-21) can still make a will.
        
        UNLESS PROHIBITED BY LAW
        
        ONLY NATURAL PERSONS
        (Paras)
    - - MAKING A WILL CANNOT BE LEFT TO
        
        3RD PERSON'S DISCRETION
        IN WHOLE OR IN PART
        
        AGENT or ATTORNEY
        Article 784. The making of a will is a strictly personal act; it cannot be left in whole or in part to the discretion of a third person, or accomplished through the instrumentality of an agent or attorney. (670a)
        
        DEDD CANNOT BE LEFT TO 3RD PERSON'S DISCRETION, WHEN REFERRED TO BY NAME
        
        DURATION OF DESIGNATING HEIRS
        
        EFFICACY OF DESIGNATING HEIRS
        
        DEVISEES or LEGATEES
        
        DETERMINING PORTIONS THEY TAKE
        Article 785. The duration or efficacy of the designation of heirs, devisees or legatees, or the determination of the portions which they are to take, when referred to by name, cannot be left to the discretion of a third person. (670a)
        
        DiDe MAY BE ENTRUSTED TO 3RD PERSON
        
        DISTRIBUTION OF PROPERTY
        a. SPECIFIC PROP or MONEY...
        b. LEFT IN GENERAL TO...
        c. SPECIFIED CLASSES/CAUSES
        
        DESIGNATION OF
        a. PERSONS/INSTITUTIONS/ ESTABLISHMENTS TO WHICH SUCH...
        b. PROPERTY/SUMS ARE APPLIED
        Article 786. The testator may entrust to a third person the distribution of specific property or sums of money that he may leave in general to specified classes or causes, and also the designation of the persons, institutions or establishments to which such property or sums are to be given or applied. (671a)
        
        OPERATIVENESS CANNOT BE DETERMINED BY 3RD PERSON
        Article 787. The testator may not make a testamentary disposition in such manner that another person has to determine whether or not it is to be operative. (n)
        
        OPERATIVE > INOPERATIVE
        Article 788. If a testamentary disposition admits of different interpretations, in case of doubt, that interpretation by which the disposition is to be operative shall be preferred. (n)
        
        CORRECT MISTAKES & OMISSIONS
        IF THERE'S
        
        IMPERFECT DESCRIPTION
        or
        NO PERSON/PROPERTY EXACTLY ANSWERS DESCRIPTION
        
        ERROR APPEARS FROM
        a. CONTEXT or
        b. EXTRINSIC EVIDENCE
        Article 789. When there is an imperfect description, or when no person or property exactly answers the description, mistakes and omissions must be corrected, if the error appears from the context of the will or from extrinsic evidence, excluding the oral declarations of the testator as to his intention;
        
        4 more items...
        
        IF CLEARLY ILLEGAL, THEN INVALID
        The provision applies only in case of DOUBT. If no doubt exists, and the disposition is clearly illegal, same should not be given effect. (See Cottman v. Grace, 19 N.E. 839)
        
        1 more item...
        
        MECHANICAL ACT OF DRAFTING CAN BE ENTRUSTED TO ANOTHER
        The mechanical act of drafting may be entrusted to another, as long as the disposition itself expresses the testator’s desires, and all the formalities of the law are complied with, such as the signing by the testator and the witnesses (in the case of a notarial will), or the copying by the testator in his own handwriting (in the case of the holographic will). (See Castañeda v. Alemany, 3 Phil. 426; Bagtas v. Paguio, 22 Phil. 227).
      - NOT MORTIS CAUSA, NOT A WILL
        If the testator intends to effect immediately, that is not mortis causa and the instrument is not a will.
      - INTENTION IS SUPREME
        The supreme law for interpretation is INTENTION). (See Solla v. Azcueta, 49 Phil. 333)
      - TESTAMENTARY POWER = ART. 783
        TESTAMENTARY POWER vs
        TESTAMENTARY CAPACITY
        TESTAMENTARY POWER — is the statutory right to dispose of property by acts effective mortis causa (a right given usually as a consequence of ownership and respect for family relations).
        TESTAMENTARY CAPACITY — as used in the new Civil Code is the right to make a will provided certain conditions are complied with; namely that the testator is not prohibited by law to make a will (Art. 796); that the testator is at least 18 years of age (Art. 797); and that the testator be of “sound mind” at the time of the execution of the will (Art. 798), “soundness of mind” being present when the testator knows the NATURE of the estate to be disposed of, the PROPER OBJECTS of his BOUNTY, and the character of the TESTAMENTARY ACT. (Art. 799).
        
        CONVICTS HAVE BOTH TESTAMENTARY CAPACITY AND POWER
        In the Philippines, however, convicts have both testamentary capacity and power, unless otherwise disqualified.
        
        UNLESS DISQUALIFIED
        
        CIVIL INTERDICTION DOES NOT PROHIBIT
        In the Philippines, however, convicts have both testamentary capacity and power, unless otherwise disqualified. (Art. 34 of RPC)
  - - - PARTITIONS VOIDED MAY STILL BE DONATIONS INTER VIVOS
        It may only be given effect as a donation inter vivos of specific properties to the heirs by their parents since it contains specific designation of properties allotted to each child.
        (Alsua-Betts vs. CA)
        
        IMMOVABLE DONATIONS MUST BE
        
        PUBLIC INSTRUMENT
        
        SPECIFYING:
        a. PROPERTY
        b. DONEE'S CHARGES
        Article 749. In order that the donation of an immovable may be valid, it must be made in a public document, specifying therein the property donated and the value of the charges which the donee must satisfy.
        
        ACCEPTANCE MUST BE
        
        DOCUMENTED
        a. SAME DEED
        b. SEPARATE DOC
        -i. NOTIFY DONOR
        -ii. AUTHENTIC FORM
        -iii. NOTED ON BOTH INSTRUMENTS
        
        DURING TESTATOR'S LIFETIME
        The acceptance may be made in the same deed of donation or in a separate public document, but it shall not take effect unless it is done during the lifetime of the donor.
        
        If the acceptance is made in a separate instrument, the donor shall be notified thereof in an authentic form, and this step shall be noted in both instruments. (633)
- - - - FORM OF WILLS:
        
        EVERY WILL MUST BE:
        a. WRITTEN
        b. LANGUAGE KNOWN TO TESTATOR
        -i. PRESUMED IN HIS RESIDENCE
        
        NOTARIAL WILLS
        
        SUBSCRIBED AT THE END BY TESTATOR
        a. SIGNATURE MUST APPEAR AT THE END
        b. IF THERE ARE PROVISIONS AFTER THE SIGNATURE, THE WHOLE WILL IS VOID
        c. IF SOMEONE SIGNED FOR THE TESTATOR AND THIS WAS NOT STATED
        
        ATTESTATION CLAUSE
        a. # OF PAGES
        -i. CURABLE BY MERE EXAMINATION
        b. FACT THAT TESTATOR SIGNED EACH AND EVERY PAGE ITP OF WITNESSES
        c. FACT THAT WITNESSES SIGNED EACH AND EVERY PAGE ITP OF WITNESSES & TESTATOR
        d. SIGNED AT THE BOTTOM BY WITNESSES
        e. NEED NOT BE SIGNED BY TESTATOR
        f. NEED NOT BE IN A LANGUAGE KNOWN TO TESTATOR
        -i. TRANSLATION SUFFICES
        
        MARGINAL SIGNATURES
        a. IF ONE PAGE, NOT NEEDED
        b. LAST PAGE CONTAINING ONLY AC, NOT NEEDED
        c. NEED NOT BE ON THE LEFT
        d. SIMULTANEOUS INADVERTENT LIFTING OF TWO PAGES
        
        PAGE NUMBERS
        
        ACKNOWLEDGED BEFORE A NP
        a. MUST BE ACKNOWLEDGED BEFORE TESTATOR AND WITNESSES
        
        ATTESTED & SUBSCRIBED BY 3 OR MORE WITNESSES ITP OF TESTATOR & EACH OTHER
        a. NEED NOT ACTUALLY SEA EACH OTHER
        b. FACT THAT THEY COULD HAVE WOULD SUFFICE
        
        HANDICAP REQS
        a. DEAF-MUTE
        -i. READ HIMSELF
        -ii. COMMUNICATED BY 2 PEOPLE DESIGNATED BY HIM
        b. BLIND TESTATOR
        -i. INCLUDES: ILLITERATES, GLAUCOMA, OTHER REASON CAN'T READ
        -ii. MUST BE READ ONCE BY NP AND ONCE BY WITNESS
        
        HOLOGRAPHIC WILLS
        
        WRITTEN
        a. VOID, IF TYPEWRITTEN OR PRINTED
        
        DATED
        a. DAY, MONTH, YEAR
        -i. MUST BE DETERMINATE
        
        SIGNED
        a. MUST BE AT THE END
        b. PROVISIONS AFTER SIGNATURE ARE VOID
        -i. SIGNED AND DATED PROVISIONS VALIDATES BEFORE IT EXCEPT FOR UNSIGNED PROVISIONS
        
        WITNESSES TO WILLS SUMMARY:
        QUALIFICATIONS FOR WITNESSES TO NOTARIAL WILLS
        
        SOUND MIND
        
        AT LEAST 18
        
        ABLE TO READ AND WRITE
        
        NOT BLIND, DEAF, OR DUMB
        
        DOMICILED IN THE PH
        
        NOT CONVICTED OF
        a. FALSIFICATION
        b. PERJURY
        c. FALSE TESTIMONY
        
        VOID LEGACY/DEVICE BUT STILL LEG-DEV STILL WITNESS
        a. LEGATEE/DEVISEE
        b. SPOUSE OF LEG/DEV
        c. PARENT OF LEG/DEV
        d. CHILDREN OF LEG/DEV
        e. CREDITORS OF LEG/DEV
        
        VALID, IF OTHER 3 COMPETENT WITNESS
        
        NOT DQed
        a. CREDITORS OF ESTATE
        b. EMPLOYER
        c. EMPLOYEE
        e. RELATIVES OF BENEFICIARY IN A WILL
        
        CODICILS SUMMARY:
        
        WILL REQS MUST BE COMPLIED WITH
        
        DEFINITION:
        a. SUPPLEMENTS WILL
        b. AFTER EXECUTION
        c. ANNEXED TO WILL
        
        MERE ANNEXES TO WILL
        a. EXISTENT UPON MAKING
        b. WILL CLEARLY DESCRIBES & IDENTIFIES:
        -i. ANNEX
        -ii. # OF PAGES
        c. CLEAR & SATISFACTORY PROOF AS REFERRED DOCUMENT
        d. SIGNED ON EACH & EVERY PAGE BY
        -i. TESTATOR
        -ii. WITNESSES (SAVE FOR HOLOGRAPHIC)
        --EXCEPT FOR VOLUMINOUS BOOKS OF ACCOUNTS/INVENTORIES
        
        REVOCATION OF WILLS & TESTAMENTARY SUMMARY:
        
        REVOCABLE INTER VIVOS
        a. WAIVER/RESTRICTIONS VOID
        
        GOVERNS BY LAWS OF COUNTRY EXECUTED
        
        REVOKED WILL STILL RECOGNIZES IC
        a. BUT VOID WILL CANNOT RECOGNIZE
        
        REVOCATION VALID WHEN
        
        IMPLICATION OF LAW
        a. PRETERITION
        b. UNWORTHINESS
        c. LEGAL SEPARATION
        
        WILL, CODICIL, WRITING
        
        DESTRUCTION
        a. ACT
        b. ANIMUS REVOCANDI
        c. INST IS WILL ITSELF
        
        INCOMPATIBLE WILL
        a. REVOKES INSOFAR AS INCONSISTENT
        
        INEFFECTIVE WILL WITH REVOCATION
        a. STILL EFFECTIVE REVOCATION
        
        PRESUMED CANCELLED IF
        a. UNFOUND WILL; AND
        -i. POSSESSED BY TESTATOR; OR
        -ii. READY ACCESS TO TESTATOR
        
        NO REVOCATION WHEN:
        
        VOID FOR LACK OF FORMAL REQS
        
        ILLEGAL/FALSE CAUSE
        
        DRR: 1ST DESTROYED WILL VALID IF:
        a. DESTROYED 1ST WILL
        b. INTENT TO REPLACE 1ST with 2ND WILL
        c. 2ND WILL WAS VOID
        
        REPUBLICATION & REVIVAL OF WILLS SUMMARY:
        
        NO VALID WILL = NO REPUBLISHING
        a. BUT IF REPRODUCED = REPUBLISH
        
        REFERENCE BY CODICIL = REPUBLISH
        a. REVOKED VALID WILL NEED NOT BE REPRODUCED
        
        REVOKED 2ND WILL EXPRESSLY REVOKING 1ST DOES NOT REVIVE 1ST
        
        RGR-IWDIIP-VID-NRR
        
        CDM
        
        SAANDN-VVN
        
        WL-SAMPASA-WDS
      - TASFPSMM
  - - - CONDITIONS & TERMS SUMMARY:
        
        NOT PRESUMED ARE CONDITIONS
        
        LEGITIME CANNOT BE BURDENED BY CONDITION
        a. UNWRITTEN ONLY
        
        IMPOSSIBLE = UNWRITTEN
        
        IMPOSSIBLY VAGUE = UNWRITTEN
        
        ABSOLUTE CONDITION NOT TO REMARRY, ONLY IMPOSED BY
        a. SPOUSE
        b. TESTATOR'S ASCENDANTS
        c. TESTATOR'S DESCENDANTS
        -- USUFRUCT MAY BE BURDENED BY ANYONE AS SUCH
        
        RELATIVE PROHIBITION TO MARRY BY OTHERS IS VALID
        
        CONDITION TO MAKE A TESTAMENTARY PROVISION = UNWRITTEN
        
        SUSPENSIVE TERM = TRANSMISSIBLE
        a. SUSPENSIVE CONDITION = INTRANSMISSIBLE
        
        DESIGNATION OF DAY WHEN INSTITUTION EFFECTIVE = VALID
        a. EXCEPT FOR LEGITIME
        
        CONSTRUCTIVE FULFILLMENT
        
        NLIIARCSDC
      - ESFNUL