Civil Law Review TEXT, NOTES and CASES Property and Succession

give by will (Arts 750, 771) excess at the time of donor’s death. regard to the excess (Ibid.)
(Art 771)

Fraud against Creditors (Art Action for rescission brought within four years To creditor’s heirs or Property returned subject to rights of innocent third Fruits of property affected shall be
759) from perfection of donation, or at the latest, successors-in-interest (Art 1178) persons (Art 1387) returned (Ibid.)
from the time creditor had knowledge of such If donee is in bad faith and return
donation (Art 1389) becomes impossible, he shall indemnify
the donor’s creditors for damages
suffered by the latter (Art 1388[1])

organizations, or associations for religious, scientiϐic, cultural, ARTICLE 781. The inheritance of a person includes not only the
Succession educational, or charitable purposes. property and the transmissible rights and obligations existing
All other corporations or entities may succeed under a will, at the time of his death, but also
so those which
w ich have
wh a e accrued
hav
I. Concept unless there is a provision to the contrary in their charter or thereto since the opening of the succession.
1. Deϔinition and Concept the laws of their creation, and always subject to the same. ARTICLE 1311. Contracts
Contr
t acts ta
ttake
ke eff
effect
ffect only betw
between
t een the
t e parties,
th part
rties,
ARTICLE 774. Succession is a mode of acquisition by virtue ARTICLE 1029. Should the testator dispose of the whole or part ttheir
th eir assigns and heirs, except
e cep
ex e t in case where th tthee righ
rights
g ts and
of which the property, rights and obligations to the extent of the of his property for prayers and pious works for the beneϐit of obligations
obliga t ons arising fr
g ti ffrom
om the
t e contract
th t act are not transmissible
contr t ansmissible by
tr
value of the inheritance, of a person are transmitted through his his soul, in general terms and without specifying its their
t eir natu
th nature, stipulation
t re, or by sti t on or by provision of law
t pulati law.
aw.
death to another or others either by his will or by operation of application, the executor, with the court's approval shall deliver The heir is not liable beyond the value of the property he
law. one-half thereof or its proceeds to the church or denomination received fr
ffrom
om the decedent.
2. Subjects of Succession to which the testator may belong, to be used for such prayers
ARTICLE 1429. When a testate or intestate heir voluntarily pays
and pious works, and the other half to the State, for the
a. Decedent a debt of the decedent exceeding the value of the property
purposes mentioned in article 1013.
ARTICLE 775. In this Title, "decedent" is the general term which he received by will or by the law of intestacy from the
d. Devisee estate of the deceased, the payment is valid and cannot be
applied to the person whose property is transmitted through
succession, whether or not he left a will. If he left a will, he is e. Legatee rescinded by the payer.
also called the testator.
stator. - While in preterition, an instituted voluntary heir gets Examples of rights NOT extinguished by death, and thereby
b. Te
Testator
T stator NOTHING, a legatee or devisee still gets the property given as TRANSMISSIBLE
long as the legitime is not impaired. (a) Right to bring or continue an accion interdictal;
c. He
Heir
H ir
3. Objects of Succession (b) To compel the execution of a document necessary for
ARTICLE 782. An heir is a person called to the succession convenience;
either by the provision of a will or by operation of law. a. Transmissible rights and obligations
(c) To continue a lease contract;
Devisees and legatees are persons to whom gifts of real and ARTICLE 776. The inheritance includes all the property, (d) Property right in an insurance policy.
personal property are respectively given by virtue of a will. rights and obligations of a person which are not
Cases:
extinguished by his death.
ARTICLE 1026. A testamentary disposition may be made to the Alvarez v. IAC
State, provinces, municipal corporations, private corporations,

Based on the Syllabus of Atty. Gravador, Book of Paras By RGL 105 of 153
Civil Law Review TEXT, NOTES and CASES Property and Succession

Under our law, therefore, the general rule is that a party's contractual Sell was neither nulliϐied nor revoked. This Contract to Sell was an guarantor or the surety.
rights and obligations are transmissible to the successors. The rule obligation on both parties–Margarita Herrera and NHA. Obligations
The contracts of suretyship entered into by K. H. Hemady in favor of
is a consequence of the progressive ‘depersonalization’ of are transmissible. Margarita Herrera's obligation to pay became
Luzon Surety Co. not being rendered intransmissible due to the
patrimonial rights and duties. Petitioners being the heirs of the late transmissible at the time of her death either by will or by operation
nature of the undertaking, nor by the stipulations of the contracts
Rosendo Alvarez, they cannot escape the legal consequences of their of law.
themselves, nor by provision of law, his eventual liability thereunder
father's transaction, which gave rise to the present claim for
necessarily passed upon his death to his heirs.
damages. That petitioners did not inherit the property involved Estate of Hemady v. Luzon Surety
herein is of no moment because by legal ϐiction, the monetary
equivalent thereof devolved into the mass of their father's hereditary While in our successional system the responsibility of the heirs for
c. restrictions - Section 5, Rule 86 of the Rules of Court
estate, and we have ruled that the hereditary assets are always liable the debts of their decedent cannot exceed the value of the inheritance
in their totality for the payment of the debts of the estate. It must, they receive from him, the principle remains intact that these heirs d. sale or dealings of future inheritance
however, be made clear that petitioners are liable only to the extent succeed not only to the rights of the deceased but also to his
obligations. ARTICLE 1347. xxxx
of the value of their inheritance.
Of the three exceptions ϐixed by Article 1311, the nature of the th No contract may be entered into upon future inheritance except
Rabadilla v. CA obligation of th tthee surety
t or guaranto
guarantor
t r does not warrant th tthee in cases expressly authorized by law.
conclusion that
t
th his peculiar individual qualities are contemplated as
Under Article 776 of the New Civil Code, inheritance includes all the 4. Opening of Succession
a principal inducement for the contract.
property, rights and obligations of a person, not extinguished by his
death. Conformably, whatever rights Dr. Jorge Rabadilla had by The second exception of Article 1311, p. 1, iss intransmissibility byb ARTICLE 777. The rights to the succession are transmitted from
virtue of subject Codicil were transmitted to his forced heirs, at the stipulation of the parties. Being excepti
exceptional
t onal and contrary
contr
t ary
r to
t the
t e
th the moment of the death of the decedent.
time of his death. And since obligations not extinguished by death general rule, this
t is intransmissibility
th intr
t ans should not be easily implied, but
ARTICLE 533. The possession of hereditary property is deemed
also form part of the estate of the decedent; corollarily, the must be expressly established, or at the very least, clearly inferable
obligations imposed by the Codicil on the deceased Dr. Jorge from the provisions of the contract itself, and the text of the transmitted to the heir without interruption and from the
Rabadilla, were likewise transmitted to his compulsory heirs upon agreements sued upon nowhere indicate that they are moment of the death of the decedent, in case the inheritance is
his death. non-transferable. accepted.
The third exception to the transmissibility of obligations under One who validly renounces an inheritance is deemed never to
b. Rights and obligations extinguished by death Article 1311 exists when they are "not
not transmissible by operation
operatio have possessed the same.
of law". TheTh provision makes reference to those cases where the
Cases: law expresses that the rights or obligations are extinguished by 5. Presumption of death
death, as is the case in
NHA v. Almeida ARTICLE 390. Aft
After
fter an absence of seven years, it being
a. lega
g l support
legal r (Article
(Art
rticle 300), whether
unknown whetht er or not th tthee absente
absentee still
t e stit ll lives, he shall be
The NHA gave due course to the application made by Francisca
Herrera without considering that the initial applicant's death would b. parenta
t l authority
parental auth
t ority
t (Article
(Art
rticle 327), fforr all purposes, except fo
presumed dead fo fforr th
tthose
ose of succession.
transfer all her property, rights and obligations to the estate including c. usufr
f uct (Article
usufruct (Art
rticle 603),
603) absentee
The absentet e shall not be presumed dead for f r th
fo tthee purpose of
whatever interest she has or may have had over the disputed
d. contr
t acts fo
contracts fforr a piece of work (Art
rticle 1726)
(Article 1726), opening his succession ti ttill after
ll aft
fter an absence of tetten
n years. If he
properties. To the extent of the interest that the original owner had
over the property, the same should go to her estate. Margarita Herrera disappeared after
fter the
aft t e age of seventy-ϐive
th t -ϐive years, an absence of
seventy
e. part
rtnership (Art
partnership rticle 183
(Article 0) and
1830)
had an interest in the property and that interest should go to her ϐive years shall be sufϐ
sufϐicient
f icient in order that
t at his succession may
th a
estate upon her demise so as to be able to properly distribute them f. (Art
rticle 1919).
agency (Article 1919) be opened.
later to her heirs–in accordance with a will or by operation of law. By contrast, the articles of the Civil Code that regulate guaranty or
The death of Margarita Herrera does not extinguish her interest over ARTICLE 391. The fo
ffollowing
llowing shall be presumed dead fo
fforr all
suretyship (Articles 2047 to 2084) contain no provision that
the property. Margarita Herrera had an existing Contract to Sell with purposes, including the
t e division of the
th t e estate
th esta
t te tthee heir
t among th heirs:
the guaranty is extinguished upon the death of the
NHA as the seller. Upon Margarita Herrera's demise, this Contract to

Based on the Syllabus of Atty. Gravador, Book of Paras By RGL 106 of 153
Civil Law Review TEXT, NOTES and CASES Property and Succession

(1) A person on board a vessel lost during a sea voyage, or ARTICLE 798. In order to make a will it is essential that the
Testamentary Succession
an aeroplane which is missing, g who has not been testator be of sound mind at the time of its execution.
heard of fo fforr fo
ffour
ur years since th tthee loss of th
tthee vessel or
II. Wills g. unilateral
aeroplane;
(2) A person in th tthee armed fo
fforces
rces who has ta ttaken
ken part
r in 1. Deϔinition h. mortis causa
war,r and has been missing fo fforr fo
ffour
ur years; A will is an act whereby a person is permitted, with the Cases:
(3) A person who has been in danger of death t under oth t er
other formalities prescribed by law, to control to a certain degree Vitug v. CA
circumsta t nces and his existe
circumstances t nce has not been known
existence the disposition of his estate, to take effect after his death.
f r fo
fo
for ffour
ur years. The conveyance in question is not, ϐirst or all, one of mortis causa,
Characteristics which should be embodied in a will. The monies subject of savings
Kinds
6. Ki
K d of
nds o Succession
Success
s ion 2. Characteristics
C ara
Ch r cteri
ristics
c account No. 35342-038 were in the nature of conjugal funds.
a. Testamentary
T sta
Te t menta
t ry
r a. purely
l statutory
sta
t tuto
t ry
r Neither is the survivorship agreement a donation inter vivos, for
ARTICLE 779. Testamentary succession is that which obvious reasons, because it was to take effect after the death of one
b. free
f ee and voluntary
fr volunta
t ry
r act party. Secondly, it is not a donation between the spouses because it
results from the designation of an heir, made in a will executed involved no conveyance of a spouse's own properties to the other.
c. solemn and fo
fformal
rmal
in the form prescribed by law.
d disposition
d. dis
isposition of
o property
t The conclusion is accordingly unavoidable that Mrs. Vitug having
b. Legal
Leg
e al or intestate
inte
t sta
t te
t predeceased her husband, the latter has acquired upon her death a
Cases: vested right over the amounts under savings account No. 35342-038
ARTICLE 960. Legal or intestate succession takes place:
Seangio v. Reyes of the Bank of America. Being the separate property of petitioner, it
(1) If a person dies without a will, or with a void will, or forms no more part of the estate of the deceased.
one which has subsequently lost its validity; Segundo's document, although it may initially come across as a
(2) When the will does not institute an heir to, or dispose mere disinheritance instrument, conforms to the formalities of a
holographic will prescribed by law. It is written, dated and signed i. testator
t sta
te t r must have animus te
t to ttestandi
sta
t ndi
of all the property belonging to the testator. In such
by the hand of Segundo himself. An intent to dispose mortis causa j.j Individual
Individua
case, legal succession shall take place only with can be clearly deduced from the terms of the instrument, and while
respect to the property of which the testator has not it does not make an afϐirmative disposition of the latter's property, ARTICLE 818. Two or more persons cannot make a will jointly,
disposed; the disinheritance of Alfredo, nonetheless, is an act of disposition in or in the same instrument, either for their reciprocal beneϐit or
(3) If the suspensive condition attached to the institution itself. for the beneϐit of a third person.
of heir does not happen or is not fulϐilled, or if the heir
k purely
k. l personal
pers
r onal act
dies before the testator, or repudiates the inheritance, e. essentially
ess l revocable
s entially
there being no substitution, and no right of accretion ARTICLE 784. The making of a will is a strictly personal act; it
ARTICLE 828. A will may be revoked by the testator at any time cannot be left in whole or in part to the discretion of a third
takes place;
before his death. Any waiver or restriction of this right is void. person, or accomplished through the instrumentality of an
(4) When the heir instituted is incapable of succeeding,
except in cases provided in this Code. f.f testator
t sta
te t r has testamentary
t to t sta
te t mentar capacity
t ry t agent or attorney.

c. Mixed
Mix
i ed ARTICLE 796. All persons who are not expressly prohibited by ARTICLE 785. The duration or efϐicacy of the designation of
law may make a will. heirs, devisees or legatees, or the determination of the portions
ARTICLE 780. Mixed succession is that effected partly by
which they are to take, when referred to by name, cannot be left
will and partly by operation of law. ARTICLE 797. Persons of either sex under eighteen years of age
to the discretion of a third person.
d. Contractual
d C ntractual - Art.
Co t 130,
0 1347,
7 Arts.
Arts
t . 84 & 86 of
o the Family
F mily
Fa l Code
C d
Co cannot make a will.

Based on the Syllabus of Atty. Gravador, Book of Paras By RGL 107 of 153
Civil Law Review TEXT, NOTES and CASES Property and Succession

ARTICLE 786. The testator may entrust to a third person the (b) Extrinsic evidence such as WRITTEN declarations of ARTICLE 930. The legacy or devise of a thing belonging to
distribution of speciϐic property or sums of money that he may the testator. another person is void, if the testator erroneously believed that
leave in general to speciϐied classes or causes, and also the the thing pertained to him. But if the thing bequeathed, though
designation of the persons, institutions or establishments to not belonging to the testator when he made the will, afterwards
c. interpretation
inte
t rp
r reta
t tion of
o words
d
which such property or sums are to be given or applied. becomes his, by whatever title, the disposition shall take
ARTICLE 790. The words of a will are to be taken in their effect.
ARTICLE 787. The testator may not make a testamentary
ordinary and grammatical sense, unless a clear intention to
disposition in such manner that another person has to
use them in another sense can be gathered, and that other can
determine whether or not it is to be operative. GR: What is given by the will are those properties already owned
be ascertained.
Interpretation by the testator at the time the will was made, NOT those acquired
Technical words in a will are to be taken in their technical
IInterpretation
3. In terp
r re
r ta o wills
t tion of l after.
sense, unless the context clearly indicates a contrary intention,
a. interpretation
inte
t rp t tion should favor
r reta f vor validity
fa t or unless it satisfactorily appears that the will was drawn EXC:

ARTICLE 788. If a testamentary disposition admits of different solely by the testator, and that he was unacquainted with such (a) If it expressly appears that it was the intention to
interpretations, in case of doubt, that interpretation by technical sense. include after-acquired properties;
which the disposition is to be operative shall be preferred. d. interpretation as a whole. (b) If the will is republished or modiϐied by a subsequent
will or codicil;
b. in case of ambiguities
o ambig
i uities ARTICLE 791. The words of a will are to receive an (c) If the testator erroneously thought he owned certain
ARTICLE 789. When there is an imperfect description, or when interpretation which will give to every expression some effect, properties, such gift is invalid, unless after making the
no person or property exactly answers the description, rather than one which will render any of the expressions will, said properties will belong to him.
mistakes and omissions must be corrected, if the error appears inoperative; and of two modes of interpreting a will, that is to (d) Legacies of credit or remission are effective only as
from the context of the will or from extrinsic evidence, be preferred which will prevent intestacy. regards that part of the credit or debt existing at the
excluding the oral declarations of the testator as to his “Testacy
T stacy is preferred
Te prefe
f rred over intestacy.”
intestacy.
y” time of the death of the testator.
intention; and when an uncertainty arises upon the face of the
- True only if the
t e will has been validly made.
th
will, as to the application of any of its provisions, the testator's
e. severability
t of provision
o invalid provis
i ion g. extent
e te
ext nt of
o interest
inte
t rest covered
intention is to be ascertained from the words of the will, taking
into consideration the circumstances under which it was made, ARTICLE 792. The invalidity of one of several dispositions ARTICLE 794. Every devise or legacy shall cover all the interest
excluding such oral declarations. contained in a will does not result in the invalidity of the other which the testator could devise or bequeath in the property
dispositions, unless it is to be presumed that the testator disposed of, unless it clearly appears from the will that he
would not have made such other dispositions if the ϐirst intended to convey a less interest.
Kinds of Ambiguity
invalid disposition had not been made. Governing Laws
(a) Latent or Intrinsic - that which does not appear on
f. after-acquired property 4. Law govern
governing
r ing fform
n fo r
rm
its face, and is discovered only by evidence aliunde.
(b) Patent or Extrinsic - appears on the face of the will. ARTICLE 793. Property acquired after the making of a will shall a. as to
t time of
o execution
e ecution
ex
only pass thereby, as if the testator had possessed it at the time ARTICLE 795. The validity of a will as to its form depends upon
How to cure?
of making the will, should it expressly appear by the will that the observance of the law in force at the time it is made.
(a) By examining the will itself; such was his intention.
Case: Enriquez v. Abadia

Based on the Syllabus of Atty. Gravador, Book of Paras By RGL 108 of 153
Civil Law Review TEXT, NOTES and CASES Property and Succession

Article 795 of the new Civil Code expressly provides: "The validity of
ARTICLE 818. Two or more persons cannot make a will jointly, It is well-settled in this jurisdiction that the rights to the succession
a will as to its form depends upon the observance of the law in force or in the same instrument, either for their reciprocal beneϐit or are transmitted from the moment of the death of the decedent. Since
at the time it is made." The above provision is but an expression or for the beneϐit of a third person. Carlos, owner of one-half pro-indiviso portion of that parcel of land
statement of the weight of authority to the effect that the validity of died on July 9, 1936 way before the effectivity of the Civil Code of the
a will is to be judged not by the law enforce at the time of the ARTICLE 819. Wills, prohibited by the preceding article, Philippines, the successional rights pertaining to his estate must be
testator's death or at the time the supposed will is presented in court executed by Filipinos in a foreign country shall not be valid in determined in accordance with the Civil Code of 1889.
for probate or when the petition is decided by the court but at the the Philippines, even though authorized by the laws of the
time the instrument was executed. Even assuming that Melecia was born out of the
country where they may have been executed.
common-law-relationship between her mother (Maria Cayabyab) and
5. Law govern
governing
n content
r ing Carlos, she could not even be considered an acknowledged natural
b. as to
t place of
o ex
eexecution
ecution child because Carlos was then legally married to Susana Abalos and
a. as to time
t tim
therefore not qualiϐied to marry Maria and consequently Melecia was
ARTICLE 17. The forms and solemnities of contracts, wills, and ARTICLE 2263. Rights to the inheritance of a person who died, an illegitimate spurious child and not entitled to any successional
other public instruments shall be governed by the laws of the rights in so far as the estate of Carlos was concerned.
with or without a will, before the effectivity of this Code, shall
country in which they are executed. be governed by the Civil Code of 1889, by other previous laws, Miciano v. Brimo
When the acts referred to are executed before the diplomatic or and by the Rules of Court. The inheritance of those who, with
consular ofϐicials of the Republic of the Philippines in a foreign or without a will, die after the beginning of the effectivity of The institution of legatees in this will is conditional, and the
this Code, shall be adjudicated and distributed in accordance condition is that the instituted legatees must respect the testator's
country, the solemnities established by Philippine laws shall
will to distribute his property, not in accordance with the laws of
be observed in their execution. with this new body of laws and by the Rules of Court; but the
his nationality, but in accordance with the laws of the Philippines.
testamentary provisions shall be carried out insofar as they The fact is, however, that the said condition is void, being contrary
xxxx
may be permitted by this Code. Therefore, legitimes, to law, for Article 792 of the Civil Code.
ARTICLE 815. When a Filipino is in a foreign country, he is betterments, legacies and bequests shall be respected; however,
authorized to make a will in any of the forms established by Said condition is contrary to law because it expressly ignores the
their amount shall be reduced if in no other manner can every
testator's national law when, according to Article 10 of the Civil
the law of the country in which he may be. Such will may be compulsory heir be given his full share according to this Code. Code, such national law of the testator is the one to govern his
probated in the Philippines. testamentary dispositions. Said condition then, in the light of the
b. as to
t successional
success rights
s ional rig
i hts
t
ARTICLE 816. The will of an alien who is abroad produces legal provisions above cited, is considered unwritten, and the
ARTICLE 16. Real property as well as personal property is institution of legatees in said will is unconditional and consequently
effect in the Philippines if made with the formalities prescribed
subject to the law of the country where it is stipulated. valid and effective even as to the herein oppositor.
by the law of the place in which he resides, or according to the
formalities observed in his country, or in conformity with However, intestate and testamentary successions, both with Cayetano v. Leonidas
those which this Code prescribes. respect to the order of succession and to the amount of
successional rights and to the intrinsic validity of testamentary Although on its face, the will appeared to have preterited the
ARTICLE 817. A will made in the Philippines by a citizen or petitioner and thus, the respondent judge should have denied its
provisions, shall be regulated by the national law of the person
subject of another country, which is executed in accordance reprobate outright, the private respondents have sufϐiciently
whose succession is under consideration, whatever may be the established that Adoracion was, at the time of her death, an American
with the law of the country of which he is a citizen or subject,
nature of the property and regardless of the country wherein citizen and a permanent resident of Philadelphia, Pennsylvania, U.S.A.
and which might be proved and allowed by the law of his own
said property may be found. Thus, the law which governs Adoracion Campo's will is the law of
country, shall have the same effect as if executed according to Pennsylvania, U.S.A., which is the national law of the decedent. The
the laws of the Philippines. Cases:
Pennsylvania law does not provide for legitimes and that all the
Jimenez v. Fernandez estate may be given away by the testatrix to a complete stranger.

Based on the Syllabus of Atty. Gravador, Book of Paras By RGL 109 of 153
Civil Law Review TEXT, NOTES and CASES Property and Succession

that his mind be wholly unbroken, unimpaired, or unshattered 2. Supervening incapacity

It is a settled rule that as regards the intrinsic validity of the by disease, injury or other cause.
ARTICLE 801. Supervening incapacity does not invalidate
provisions of the will, as provided for by Article 16 (2) and 1039 of
It shall be sufϐicient if the testator was able at the time of an effective will, nor is the will of an incapable validated by the
the Civil Code, the national law of the decedent must apply.
making the will to know the supervening of capacity.
General Rules on VA
V
VALIDITY
LIDITY (1) nature of the estate to be disposed of, the IV. Solemnities
(a) EXTRINSIC validi
validity (2) proper objects of his bounty, and the 1. Kind
K nd of
Ki o Wills
W lls
Wi l
(i) TIME - the
t e law
th fforce
a in fo rce when thet e WILL WAS
th W S MADE;
WA (3) character of the testamentary act.
a. notarial
nota
t rial
(ii) PLACE - depends if te ttestator
sta
t to is:
t r is
ARTICLE 800. The law presumes that every person is of
(1) Filipino: ARTICLE 804. Every will must be in writing and executed in a
sound mind, in the absence of proof to the contrary.
a) PH L Law; language or dialect known to the testator.
b) Law a of the t e place where he may
th a be;
b The burden of proof that the testator was not of sound mind at
b. holographic
holog
o raphic
c) Lex e loci celebrationi
celebrationis the time of making his dispositions is on the person who
(2) An alien abroad: opposes the probate of the will; but if the testator, one month, ARTICLE 810. A person may execute a holographic will which
a) Law a of his domicile
domicile;; or less, before making his will was publicly known to be must be entirely written, dated, and signed by the hand of the
His National Law;
b) His w; insane, the person who maintains the validity of the will must testator himself. It is subject to no other form, and may be
c) PH Law a ; or
Law; prove that the testator made it during a lucid interval. made in or out of the Philippines, and need not be witnessed
d) Lex e loci celebrationi
celebrationis. Notarial Wills
(3) An alien in PH: 2.. Notarial
N ta
Not ri wills
r al will
Presumption: Testator is of sound mind.
a) His Nati t onal Law;
National Laaw;
a. General requirements
t
b) PH Law aw.
Law. Burden of Proof on the one alleging the contrary.
vali
(b) INTRINSIC validity EXC: Testator is presumed INSANE if: ARTICLE 806. Every will must be acknowledged before a
(i) TIME - Successional rights are governed at the time of notary public by the testator and the witnesses. The notary
(a) One month or less before making the will, he was
DEATH of DECEDENT. public shall not be required to retain a copy of the will, or ϐile
publicly known to be insane; OR
(ii) PLACE - National law of Decedent subject to the rules another with the ofϐice of the Clerk of Court
(b) He made the will after being judicially declared to be
on renvoi. Thus, if the national law of the decedent Case:
such.
refer the matter to the law of his domicile, say PH,
Burden of Proof SHIFTS to the one who maintains the will’s Abangan v. Abangan
then the PH laws must be applied.
validity. In a will consisting two sheets the ϐirst of which contains all the
III. Testamentary Capacity and Intent testamentary dispositions and is signed at the bottom by the testator
1. Who may make a will and three witnesses and the second contains only the attestation
d. case of married women clause and is signed also at the bottom by the three witnesses, it is
a. age - Art. 797 - at least 18 years old.
not necessary that both sheets be further signed on their margins by
ARTICLE 802. A married woman may make a will without the
b. not disqualiϔied by law - Art. 796 the testator and the witnesses, or be paged.
consent of her husband, and without the authority of the court.
c. of sound mind The object of the solemnities surrounding the execution of wills is to
ARTICLE 803. A married woman may dispose by will of all her
ARTICLE 799. To be of sound mind, it is not necessary that the close the door against bad faith and fraud, to avoid substitution of
separate property as well as her share of the conjugal wills and testaments and to guaranty their "truth and authenticity.
testator be in full possession of all his reasoning faculties, or partnership or absolute community property. Therefore the laws on this subject should be interpreted in such a

Based on the Syllabus of Atty. Gravador, Book of Paras By RGL 110 of 153
Civil Law Review TEXT, NOTES and CASES Property and Succession

write his name, under his express direction, in the presence of

way as to attain these primordial ends. But, on the other hand, also intervention of a notary is not necessary in the execution of any will.
one must not lose sight of the fact that it is not the object of the law to the instrumental witnesses, and that the latter witnessed and Therefore, Abada’s will does not require acknowledgement before a
restrain and curtail the exercise of the right to make a will. So when signed the will and all the pages thereof in the presence of the notary public.
an interpretation already given assures such ends, any other testator and of one another.
interpretation whatsoever, that adds nothing but demands more There is no statutory requirement to state in the will itself that the
requisites entirely unnecessary, useless and frustrative of the If the attestation clause is in a language not known to the testator knew the language or dialect used in the will. This is a
testator's last will, must be disregarded. witnesses, it shall be interpreted to them. matter that a party may establish by proof aliunde.

Suroza v. Honrado
i. Subscribed A scrutiny of Abada’s will shows that it has an attestation clause. The
pages are numbered correlatively with the letters “ONE” and “TWO”.
ii. attested
ttested and subscribed
sub The attestation clause clearly states that Abada signed the will and
In this case, respondent judge, on perusing the will and noting that it
was written in English and was thumbmarked by an obviously iii. each and every page its every page in the presence of the witnesses.
illiterate testatrix, could have readily perceived that the will is void.
v all pages must be numbered
iv. In applying the rule on substantial compliance in determining the
The hasty preparation of the will is shown in the attestation clause number of witnesses, while the attestation clause does not state the
v. attestation clause number of witnesses, a close inspection of the will shows that three
and notarial acknowledgment where Marcelina Salvador Suroza is
repeatedly referred to as the "testator" instead of "testatrix". Cases: witnesses signed it.
Furthermore, after the hearing conducted by respondent deputy clerk
In re: Abangan
bangan v.
v Abangan, supra
supr Caponong-Noble alleges that the attestation clause does not
of court, respondent judge could have noticed that the notary was not
presented as a witness. In spite of the absence of an opposition, Suroza v.
v Honrado,
o supra expressly state the circumstances that the witnesses witnessed and
respondent judge should have personally conducted the hearing on signed the will and all its pages in the presence of the testator and of
Mercado v. Lacuesta
the probate of the will so that he could have ascertained whether the each other. Precision of language in the drafting of an attestation
will was validly executed. The attestation clause is fatally defective for failing to state that clause is desirable. However, it is not imperative that a parrot-like
Antero Mercado caused Atty. Florentino Javier to write the testator's copy of the words of the statute be made. It is sufϐicient if from the
name under his express direction. language employed it can reasonably be deduced that the attestation
b. speciϔic
s eciϔ
sp iϔic requirements
t clause fulϐills what the law expects of it.
It is not here pretended that the cross appearing on the will is the
⭐ARTICLE 805. Every will, other than a holographic will, usual signature of Antero Mercado or even one of the ways by which Azuela v. CA
must be subscribed at the end thereof by the testator himself he signed his name. After mature reϐlection we are not prepared to
liken the mere sign of a cross to a thumbmark, and the reason is A will whose attestation clause does not contain the number of pages
or by the testator's name written by some other person in his
obvious. The cross cannot and does not have the trustworthiness of a on which the will is written is fatally defective. A will whose
presence, and by his express direction, and attested and attestation clause is not signed by the instrumental witnesses is
thumbmark.
subscribed by three
t ree or more credible witn
th witnesses
t esses in th
tthee fatally defective. And perhaps most importantly, a will which does
presence of th
tthee te
ttestator
sta
t to
t r and of one anoth
another.
t er.r Testate Estate of Abada v. Abaja not contain an acknowledgment, but a mere jurat, is fatally defective.
Any one of these defects is sufϐicient to deny probate. A notarial will
The ttestator
he te sta
t to tthee person requeste
t r or th requested
t d by him tot write
t his name Abada executed his will on 4 June 1932. The laws in force at that with all three defects is just aching for judicial rejection.
and the
t e instrumental
th instr
t umenta t l witnesses
t esses of the
witn t e will, shall also sign, as
th time are the Civil Code of 1889 or the Old Civil Code, and Act No. 190
f resaid, each and every page th
afo
aforesaid, tthereof,
ereof,
f ex
eexcept
cep
e t the
t e last,
th t on or the Code of Civil Procedure which governed the execution of wills Barut v. Cabacungan
before the enactment of the New Civil Code.
the left
tthe f margin, and all the t e pages shall be numbered
th The Court do not believe that the mere dissimilarity in writing thus
correlatively
t vely in letters
correlati tters placed on the
lett t e upper part
th r of each page.
page Witnesses authenticating a will without the attendance of a notary, in mentioned by the court is sufϐicient to overcome the uncontradicted
cases falling under Articles 700 and 701, are also required to know testimony of all the witnesses to the will that the signature of the
The attestation shall state the number of pages used upon testatrix was written by Severo Agayan at her request and in her
the testator. However, the Code of Civil Procedure repealed Article
which the will is written, and the fact that the testator signed 685 of the Old Civil Code. Under the Code of Civil Procedure, the presence and in the presence of all of the witnesses to the will. It is
the will and every page thereof, or caused some other person to

Based on the Syllabus of Atty. Gravador, Book of Paras By RGL 111 of 153
Civil Law Review TEXT, NOTES and CASES Property and Succession

immaterial who writes the name of the testatrix provided it is written to Article 799, the three things that the testator must have the ability
at her request and in her presence and in the presence of all the An examination of the will in question reveals that the attestation to know to be considered of sound mind are as follows:
witnesses to the execution of the will. clause indeed failed to state the number of pages comprising the
will. However, as was the situation in Taboada, this omission was (1) the nature of the estate to be disposed of,
Balonan v. Abellana supplied in the Acknowledgment. It was speciϐied therein that the (2) the proper objects of the testator's bounty, and
will is composed of four pages, the Acknowledgment included.
The old law as well as the new require that the testator himself sign (3) the character of the testamentary act.
the will, or if he cannot do so, the testator's name must be written by Cagro v. Cagro
some other person in his presence and by his express direction.
The attestation clause is "a memorandum of the facts attending the c. special
s ecial requirements
sp t
In the case at bar the name of the testatrix, Anacleta Abellana, does execution of the will" required by law to be made by the attesting ARTICLE 807. If the testator be deaf, or a deaf-mute, he must
not appear written under the will by said Abellana herself, or by Dr. witnesses, and it must necessarily bear their signatures. An unsigned
personally read the will, if able to do so; otherwise, he shall
Juan Abello. There is, therefore, a failure to comply with the express attestation clause cannot be considered as an act of the witnesses,
requirement in the law that the testator must himself sign the will, or since the omission of their signatures at the bottom thereof negatives designate two persons to read it and communicate to him, in
that his name be afϐixed thereto by some other person in his their participation. some practicable manner, the contents thereof.
presence and by his express direction.
Cruz v. Villasor
ARTICLE 808. If the testator is blind, the will shall be read to
Nera v. Rimando him twice; once, by one of the subscribing witnesses, and
The notary public before whom the will was acknowledged cannot again, by the notary public before whom the will is
The question whether the testator and the subscribing witnesses to be considered as the third instrumental witness since he cannot acknowledged.
an alleged will sign the instrument in the presence of each other acknowledge before himself his having signed the will.
does not depend upon proof of the fact that their eyes were actually Cases: Garcia v. Vasquez
cast upon the paper at the moment of its subscription by each of Javellana v. Ledesma
them, but that at that moment existing conditions and their position For all intents and purposes of the rules on probate, the deceased
with relation to each other were such that by merely casting the eyes Whether or not the notary signed the certiϐication of Gliceria del Rosario was, as appellant oppositors contend, not unlike
in the proper direction they could have seen each other sign. acknowledgment in the presence of the testatrix and the witnesses, a blind testator, and the due execution of her will would have
does not affect the validity of the codicil. Unlike the Code of 1889 required observance of the provisions of Article 808.
Taboada v. Rosal (Art. 699), the new Civil Code does not require that the signing of the
testator, witnesses and notary should be accomplished in one single Alvarado v. Gaviola
The objects of attestation and of subscription were fully met and act.
satisϐied in the present case when the instrumental witnesses signed Brigido was blind. Since Brigido Alvarado was incapable of reading
at the left margin of the sole page which contains all the Guerrero v. Bihis the ϐinal drafts of his will and codicil on the separate occasions of
testamentary dispositions, especially so when the will was properly their execution due to his "poor," "defective," or "blurred" vision,
identiϐied by subscribing witness Vicente Timkang to be the same An acknowledgment taken outside the territorial limits of the there can be no other course for us but to conclude that Brigido
will executed by the testatrix. ofϐicer's jurisdiction is void as if the person taking it were wholly Alvarado comes within the scope of the term "blind" as it is used in
without ofϐicial character. Art. 808.
Santos Mitra v. Saban-Guevara
Ortega v. Valmonte This Court has held in a number of occasions that substantial
When Article 805 of the Civil Code requires the testator to subscribe compliance is acceptable where the purpose of the law has been
at the end of the will, it necessarily refers to the logical end thereof, The party challenging the will bears the burden of proving the satisϐied, the reason being that the solemnities surrounding the
which is where the last testamentary disposition ends. As the existence of fraud at the time of its execution. The burden to show execution of wills are intended to protect the testator from all kinds
probate court correctly appreciated, the last page of the will does not otherwise shifts to the proponent of the will only upon a showing of of fraud and trickery but are never intended to be so rigid and
contain any testamentary disposition; it is but a mere continuation credible evidence of fraud. inϐlexible as to destroy the testamentary privilege.
of the Acknowledgment.
In determining the capacity of the testator to make a will, according

Based on the Syllabus of Atty. Gravador, Book of Paras By RGL 112 of 153
Civil Law Review TEXT, NOTES and CASES Property and Succession

to the execution of a will mentioned in article 805 of this

Calde v. CA
In the case at bar, private respondent read the testator's will and Code.
codicil aloud in the presence of the testator, his three instrumental As sharply noted by respondent appellate court, the signatures of
ARTICLE 821. The following are disqualiϐi
disqualiϐied
ϐ ed fr
ffrom
om being
witnesses, and the notary public. Prior and subsequent thereto, the some attesting witnesses in decedent’s will and its codicil were
testator afϐirmed, upon being asked, that the contents read written in blue ink, while the ofϐicers were in black. witnesses to a will:
corresponded with his instructions. Only then did the signing and (1) Any person not domiciled in the Philippines;
acknowledgement take place. Thus, it was not erroneous nor baseless for respondent court to
disbelieve petitioner's claim that both testamentary documents in (2) Those who have been convicted of falsiϐication of
question were subscribed to in accordance with the provisions of a document, perjury or false testimony.
d substantial
d. substa
t ntial compliance Art. 805 of the Civil Code.
ARTICLE 809. In the absence of bad faith, forgery, or fraud, or Cuevas v. Achacoso Qualiϐications
Qualiϐi
ϐ cations fo
fforr WI
W
WITNESSES
TNESSES to notarial wills
w lls
wi
undue and improper pressure and inϐluence, defects
defe
f cts and
An instrumental witness, therefore, does not merely attest to the (a) Of sound mind;
imperfections
mperfe tthee (1) form
f ctions in th f rm of attestation
fo attestat or in the (2)
signature of the testator but also to the proper execution of the will. (b) At least 18 years old;
language
anguage us
used therein shall
hall not render th
tthee will inv
invalid
n alid if it The fact that the three instrumental witnesses have signed the will (c) Able to read and write;
tthat
is proved th tthee will wa
at th wass in fact
w f ct executed
fa t d and attested
execute att t d in
tteste immediately under the signature of the testator, shows that they have (d) Not be blind, deaf or dumb;
substantial compliance with
t all the
t e requirements of
th in fact attested not only to the genuineness of his signature but also to
(e) Domiciled in PH;
the due execution of the will as embodied in the attestation clause.
article
rticle 805.
art (f) Not have been CONVICTED of:
Cases: Gil v. Murciano Lopez v. Lopez (i) Falsiϐication of a document;
(ii) Perjury; or
Failure to state in the attestation clause that testator signed the will is The law is clear that the attestation must state the number of pages
(iii) False Testimony.
fatal, for the precise purpose of the attestation clause is to certify that used upon which the will is written. The purpose of the law is to
the testator signed the will, this being the most essential element of safeguard against possible interpolation or omission of one or some
the clause. Without it there is no attestation at all. of its pages and prevent any increase or decrease in the pages.
ARTICLE 824. A mere charge on the estate of the testator for the
The statement in the Acknowledgement portion of the subject LAST payment of debts due at the time of the testator's death does
Caneda v. CA
WILL AND TESTAMENT that it “consists of 7 pages including the not prevent his creditors from being competent witnesses to
Omissions which can be supplied by an examination of the will page on which the ratiϐication and acknowledgment are written”
his will.
itself, without the need of resorting to extrinsic evidence, will not be cannot be deemed substantial compliance. The will actually consists
fatal and, correspondingly, would not obstruct the allowance to of 8 pages including its acknowledgment which discrepancy cannot Case: Gonzales v. CA
probate of the will being assailed. However, those omissions which be explained by mere examination of the will itself but through the
cannot be supplied except by evidence aliunde would result in the presentation of evidence aliunde. Thus, the doctrine on substantial The instrumental witnesses in order to be competent must be shown
invalidation of the attestation clause and ultimately, of the will itself. compliance cannot be relied upon. to have the qualiϐications under Article 820 of the Civil Code and
none of the disqualiϐications under Article 821 and for their
An attestation clause that fails to speciϐically state the fact that the Witnesses testimony to be credible, that is worthy of belief and entitled to
attesting witnesses witnessed the testator sign the will and all its e. Wi
Witnesses
W tness
s es to wills
l credence, it is not mandatory that evidence be ϐirst established on
pages in their presence and that they, the witnesses, likewise signed record that the witnesses have a good standing in the community or
i. wh
w
whoo are competent
the will and every page thereof in the presence of the testator and of that they are honest and upright or reputed to be trustworthy and
each other, is FATALLY DEFECTIVE. ARTICLE 820. Any person of sound mind and of the age reliable, for a person is presumed to be such unless the contrary is
established otherwise.
The rule on substantial compliance must be limited to disregarding of eighteen years or more, and not blind, deaf or
those defects that can be supplied by an examination of the will itself. dumb, and able to read and write, may be a witness

Based on the Syllabus of Atty. Gravador, Book of Paras By RGL 113 of 153
Civil Law Review TEXT, NOTES and CASES Property and Succession

dispositions preceding it, whatever be the time of prior

solemnities include the subscription, attestation, and
ii. Disqualiϐi
Disqualiϐications
ϐ cations dispositions. acknowledgment requirements under Articles 805 and 806.
1. domiciled ARTICLE 814. In case of any insertion, cancellation, erasure or In the case of holographic wills, on the other hand, what assures
alteration in a holographic will, the testator must authenticity is the requirement that they be totally autographic or
2. not convicted of a crime
authenticate the same by his full signature. handwritten by the testator himself, as provided under Article 810.
iii. supervening incompetency
Cases: Roxas v. de Jesus Failure to strictly observe other formalities will not result in the
ARTICLE 822. If the witnesses attesting the execution of a disallowance of a holographic will that is unquestionably
will are competent at the time of attesting, their becoming handwritten by the testator.
As a general rule, the "date" in a holographic Will should include the
subsequently incompetent shall not prevent the allowance day, month, and year of its execution. However, when there is no A reading of Article 813 of the New Civil Code shows that its
of the will. appearance of fraud, bad faith, undue inϐluence and pressure and the requirement affects the validity of the dispositions contained in the
authenticity of the Will is established, probate of the holographic holographic will, but not its probate. If the testator fails to sign and
iv.
v competency of interested witnesses
v. w tnesses
wi Will should be allowed under the principle of substantial date some of the dispositions, the result is that these dispositions
compliance. cannot be effectuated. Such failure, however, does not render the
ARTICLE 823. If a person attests the execution of a will, to
whole testament void.
whom or to whose spouse, or parent, or child, a devise or Kalaw v. Relova
legacy is given by such will, such devise or legacy shall, so As a general rule, courts in probate proceedings are limited to pass
The holographic Will in dispute had only one substantial provision, only upon the extrinsic validity of the will sought to be probated.
far only as concerns such person, or spouse, or parent, or
which was altered by substituting the original heir with another, but However, in exceptional instances, courts are not powerless to do
child of such person, or any one claiming under such what the situation constrains them to do, and pass upon certain
which alteration did not carry the requisite of full authentication by
person or spouse, or parent, or child, be void, unless there the full signature of the testator, the effect must be that the entire Will provisions of the will. In the case at bench, decedent herself
are three other competent witnesses to such will. However, is voided or revoked for the simple reason that nothing remains in indubitably stated in her holographic will that the Cabadbaran
such person so attesting shall be admitted as a witness as the Will after that which could remain valid. To state that the Will as property is in the name of her late father, John H. Sand (which led
ϐirst written should be given efϐicacy is to disregard the seeming oppositor Dr. Jose Ajero to question her conveyance of the same in
if such devise or legacy had not been made or given.
change of mind of the testatrix. But that change of mind can neither its entirety). Thus, as correctly held by respondent court, she cannot
Holographic Wills be given effect because she failed to authenticate it in the manner validly dispose of the whole property, which she shares with her
3. Holographic wills
w lls
wi required by law by afϐixing her full signature. father's other heirs.

a. general requirements
t Ajero v. CA Labrador v. CA
i. in writing The will has been dated in the hand of the testator himself in perfect
In a petition to admit a holographic will to probate, the only issues
ii. language known to the testator to be resolved are: compliance with Article 810. The law does not specify a particular
location where the date should be placed in the will. The only
b. speciϔic
s eciϔ
sp iϔic requirements
t (1) whether the instrument submitted is, indeed, the decedent's requirements are that the date be in the will itself and executed in the
last will and testament; hand of the testator. These requirements are present in the subject
ARTICLE 812. In holographic wills, the dispositions of the
(2) whether said will was executed in accordance with the will.
testator written below his signature must be dated and
formalities prescribed by law;
signed by him in order to make them valid as testamentary
(3) whether the decedent had the necessary testamentary rrequirements
c. re quire t for
r ments f r probate
fo pro
r bate
dispositions.
capacity at the time the will was executed; and,
ARTICLE 811. In the probate of a holographic will, it shall be
ARTICLE 813. When a number of dispositions appearing in a (4) whether the execution of the will and its signing were the
necessary that at least one witness
wi who knows the
holographic will are signed without being dated, and the last voluntary acts of the decedent.
disposition has a signature and a date, such date validates the handwriting and signature of the testator explicitly declare that
For purposes of probating non-holographic wills, these formal
the will and the signature are in the handwriting of the testator.

Based on the Syllabus of Atty. Gravador, Book of Paras By RGL 114 of 153
Civil Law Review TEXT, NOTES and CASES Property and Succession

tthee will is contested, at least three of such witn

If th witnesses
t esses
opinion that Article 811 of our present Civil Code can not be other attestation clause at the end of the inventory.
shall be required. interpreted as to require the compulsory presentation of three
In the
t e absence of any
th competent
n competet nt witness
t ess referred
witn refe
f rred to tthee
t in th witnesses to identify the handwriting of the testator, under penalty of
having the probate denied. VI. Codicils
preceding paragraph, and if th
tthee court necessary,
r deem it necessary ry,
1.. Deϐinition
Deϐi
ϐ nition
expert testimony may
a be resort
resorted
rted to
t Codoy v. Calugay
Cases: Gan v. Yap
ARTICLE 825. A codicil is a supplement or addition to a will,
We cannot eliminate the possibility of a false document being made after the execution of a will and annexed to be taken as a
adjudged as the will of the testator, which is why if the holographic
The execution and the contents of a lost or destroyed holographic part thereof, by which disposition made in the original will is
will is contested, that law requires three witnesses to declare that the
will may not be proved by the bare testimony of witnesses who have will was in the handwriting of the deceased. explained, added to, or altered.
seen and/or read such will. The will was found not in the personal belongings of the deceased 2. Solemnities
but with one of the respondents.
Rodelas v. Aranza ARTICLE 826. In order that a codicil may be effective, it shall be
Pursuant to Article 811 of the Civil Code, probate of holographic executed as in the case of a will.
wills is the allowance of the will by the court after its due execution V. Incorporation of Document by Reference
has been proved. The probate may be uncontested or not. If ARTICLE 827. If a will, executed as required by this Code, VII. Revocation of Wills and Testamentary Disposition
uncontested, at least one identifying witness is required and, if no incorporates into itself by reference any document or paper, 1. Deϔinition of revocation
witness is available, experts may be resorted to. If contested, at least such document or paper shall not be considered a part of the An act of the
t e mind, terminating
th t rminati
te t ng the
t e potential
th pote
t nti t of the
t al capacity t e will to
th t
three identifying witnesses are required. However, if the holographic
will has been lost or destroyed and no other copy is available, the will unless the following requisites are present: t at the
operate t e death
th t of th
tthee te
ttestator,
stat r,r manifested
t to manifef ste outward
t d by some outwt ard or
will can not be probated because the best and only evidence is the visible act or sign, symbolic th tthereof.
ereof.f
(1) The document or paper referred to in the will must
handwriting of the testator in said will. It is necessary that there be a It is simply an act to annul a will in whole or in part.
comparison between sample handwritten statements of the testator
be in existence at the time of the execution of the
and the handwritten will. But a photostatic copy or xerox copy of will; 2. When
W en may
Wh rrevocation
a re eeffected
vocation be efffected
the holographic will may be allowed because comparison can be (2) The will must clearly describe and identify the same,
ARTICLE 828. A will may be revoked by the testator at any
made with the standard writings of the testator. stating among other things the number of pages
time before his death. Any waiver or restriction of this
thereof;
Azaola v. Singson right is VOID.
(3) It must be identiϐied by clear and satisfactory proof
As to Art 811, where the prescribed number of witnesses is produced as the document or paper referred to therein; and 3. Law governing revocation
and the court is convinced by their testimony that the will is genuine,
(4) It must be signed by the testator and the witnesses ARTICLE 829. A revocation
revocati
t on done outside the
t e Philippines, by a
th
it may consider it unnecessary to call for expert evidence. On the
other hand, if no competent witness is available, or none of those on each and every page, except in case of voluminous person who does not hav have
a e his domicile in th tthis country,
try, iss valid
is countr
produced is convincing, the Court may still, and in fact it should, books of account or inventories. when it is done according to t th tthee law tthee place where th
a of th tthee will
resort to handwriting experts. The duty of the court, in ϐine, is to was made, or according to t thtthee lawa of th tthee place in which th tthee
1. Purpose
exhaust all available lines of inquiry, for the state is as much ttestator
te stat r had his domicile at th
t to tthee tittime;
me; and
nd if th tthee revocati
revocation
t on tattakes
kes
interested as the proponent that the true intention of the testator be Case: Unson v. Abella
place in th tthis country,
is countr try, when it is in accordance with t th tthee
carried into effect.
provisions of th tthis
is Code.
In view of the fact that the inventory is referred to in the will as an
Since the authenticity of the will was not contested, he was not integral part of it, we ϐind that the foregoing attestation clause is in Modes
4. Mo
M des of
o revocation Art.
r vocation - Ar
re A t. 830
required to produce more than one witness; but even if the compliance with section 1 of Act No. 2645, which requires this
genuineness of the holographic will were contested, we are of the solemnity for the validity of a will, and makes unnecessary any b implication of
a. Revocation by o law

Based on the Syllabus of Atty. Gravador, Book of Paras By RGL 115 of 153
Civil Law Review TEXT, NOTES and CASES Property and Succession

(1) Testator sells or donates the legacy or devise; unauthorized destruction, cancellation, or obliteration are
entitled to hearing to prove the due execution of the original will and
(2) Guilty spouse in a suit for legal separation; established according to the Rules of Court.
its loss or destruction.
(3) Heir, legatee or devisee commits an act of Cases: Maloto v. CA
unworthiness;
Gago v. Mamuyac
(4) A credit given as a legacy judicially demanded by It is clear that the physical act of destruction of a will, like burning in
testator; this case, does not per se constitute an effective revocation, unless The law does not require any evidence of the revocation or
(5) Preterition. the destruction is coupled with animus revocandi on the part of the cancellation of a will to be preserved. It therefore becomes difϐicult
testator. It is not imperative that the physical destruction be done by at times to prove the revocation or cancellation of wills. The fact that
b. Revocation by
b subsequent will/
l codicil/
l oth
t er wri
other r ting
n
writing
the testator himself. It may be performed by another person but such cancellation or revocation has taken place must either remain
- May be expressed or implied, as when there is under the express direction and in the presence of the testator. unproved or be inferred from evidence showing that after due search
complete inconsistency between the two wills. the original will cannot be found. Where a will which cannot be
There is paucity of evidence to show compliance with these
- There is nothing wrong in making the revocation requirements. For one, the document or papers burned by Adriana's found is shown to have been in the possession of the testator, when
conditional. maid, Guadalope, was not satisfactorily established to be a will at all, last seen, the presumption is, in the absence of other competent
much less the will of Adriana Maloto. For another, the burning was evidence, that the same was cancelled or destroyed. The same
c. Revocation by physical
b phy
hysical destruction
not proven to have been done under the express direction of Adriana. presumption arises where it is shown that the testator had ready
Requisites: access to the will and it cannot be found after his death. It will not be
And then, the burning was not in her presence.
(1) There must be an overt act; presumed that such will has been destroyed by any other person
(2) Completion of at least the subjective phase of the without the knowledge or authority of the testator.
overt act; Kalaw v. Relova, supra.
(3) Animus revocandi; 5. Implied
I plied revocation
Im r vocation
re
6. Effect
ffect of
Eff o revocation
r vocatio
re
(4) At the time of revoking, testator had capacity;
ARTICLE 831. Subsequent wills which do not revoke the
(5) Done by the testator himself, or by some other person ARTICLE 833. A revocation of a will based on a false cause or an
previous ones in an express manner, annul only such
in his presence and by his express direction. illegal cause is null and void.
dispositions in the prior wills as are inconsistent with or
OVERT ACT: contrary to those contained in the later wills. ARTICLE 834. The recognition of an illegitimate child does not lose
i. Burning. Sufϐicient even if a small part is burnt. its legal effect, even though the will wherein it was made should
Cases: Lipana v. Lipana
be revoked.
ii. Tearing. Even a slight tear is sufϐicient.
Such carbon copy was attached to the application merely to 7. Doctrine
r ne of
Doctri o dependent
e endent relative
dep r lative revocation
re r vocation
re
iii. Cancelling. Drawing of lines across a text, but the word corroborate the allegation as to the existence of its original and not
remains legible. to establish a full compliance with the requirements of the law as to
ARTICLE 832. A revocation made in a subsequent will shall
the execution of the will. take effect, even if the new will should become inoperative by
iv. Obliteration. Renders the word illegible.
reason of the incapacity of the heirs, devisees or legatees
It is alleged therein that the original was in the possession of a third
(3) By burning, tearing, cancelling, or obliterating the will with designated therein, or by their renunciation.
person or that it was either lost or destroyed by some person other
the intention of revoking it, by the testator himself, or by some
than the testatrix. Under section 623 of Act No. 190, if a will is Case: Molo
M lo v.
Mo v Molo
M lo
Mo
other person in his presence, and by his express direction. If
shown to have been torn by some other person without the express
burned, torn, cancelled, or obliterated by some other person, The rule is established that where the act of destruction is connected
direction of the testator, it may be admitted to probate, if its
without the express direction of the testator, the will may still with the making of another will so as fairly to raise the inference that
contents, due execution and its unauthorized destruction are
be established, and the estate distributed in accordance established by satisfactory evidence. The applicant, therefore, was the testator meant the revocation of the old to depend upon the
therewith, if its contents, and due execution, and the fact of its

Based on the Syllabus of Atty. Gravador, Book of Paras By RGL 116 of 153
Civil Law Review TEXT, NOTES and CASES Property and Succession

will does not revive the ϐirst will, which can be revived only by
efϐicacy of the new disposition intended to be substituted, the An intent to dispose mortis causa can be clearly deduced from the
another will or codicil.
revocation will
w ll be conditional and dependent upon the efϐicacy
wi efϐ
fϐicacy terms of the instrument, and while it does not make an afϐirmative
of the new dispositio
disposition; and if,
if, for any reason, the
if t e new will
th (1) Republication is an act of the testator, whereas Revival takes disposition of the latter's property, the disinheritance of Alfredo,
intended to be made as a substitute is i inoperative,
inoperar tive,
e thtthe
e place by operation of law. nonetheless, is an act of disposition in itself. In other words, the
rrevocation
revocation fa
ffails
ils
l and th e ori
tthe original
riginal will remains
r mains in full
re f ll force
fu f rc
fo r e. (2) Samples of Revival disinheritance results in the disposition of the property of the
(a) Preterition nulliϐies the institution. But If the omitted testator Segundo in favor of those who would succeed in the absence
heir dies ahead of the testator, the institution is of Alfredo.
A subsequent will, containing a revocatory clause, having been revived. (Art 856)
disallowed, for the reason that it was not executed in (b) Iff testator
t sta
te t to
t r makes a second will that t at impliedly
th In probate
t proceedings, the
t e court
th r -
conformity with the provisions of law as to the making of revokes the
t e ϐirst,
th tthee revocati
t th revocation tthee second will
t on of th (a) Orders thtthee probate tthee will;
t of th
wills, cannot produce the effect of annulling the previous will, ϐ rst. (Art
ϐi
revives the ϐirst. ( rt 837)
(A 7 (b) Grants letters testamentary or lett letters
tters witht a will annexed;
inasmuch as said revocatory clause is void. Thus, the earlier (c) Hears and approves claims aga against tthee esta
g inst th estate;
t te
t ;
IX. Allowance of Wills
will can still be admitted to probate under the principle (d) Orders thtthee pay
payment
a ment of lawful
law
a fuf l debts;
ARTICLE 838. No will shall pass either real or personal
of "dependent relative revocation". (e) Authorizes
Auth
t orizes th tthee sale, mort
mortgage,
rtgage, or any n othother
t er encumbrance of real
property unless it is proved and allowed in accordance with
estate;
esta
t te
t ;
VIII. Republication and Revival the Rules of Court.
(f) And directs th tthee delivery
r of th tthee esta
estate
t te properties
t or propert rties to tthose
t th ose who
ARTICLE 835. The testator cannot republish, without The testator himself may, during his lifetime, petition the court are enti
t tl
t ed th
entitled tthereto.
ereto
t .
reproducing in a subsequent will, the dispositions contained in having jurisdiction for the allowance of his will. In such case,
NOTE: Even
E en if a will is never probate
Ev probated, property
t d, propert
rty may
a be tr ttransmitted
tted if a
ansmitt
a previous one which is void as to its form. the pertinent provisions of the Rules of Court for the allowance
partition
part t on agreement is entered
rtiti t red into
ente t which is based on th
tthee will.
Republication is the process of re-establishing a will, which has of wills after the testator's death shall govern.
3. Modes of probate
become useless because of its nullity or it having been revoked. It is The Supreme Court shall formulate such additional Rules of
made by: Court as may be necessary for the allowance of wills on (a) DURING ttestator’s
URING te sta
t to lifetime;
t r’s lifet me; Ante mortem
f ti
petition of the testator. - Testator
Testa
t tot r himself peti
petitions
t ti fforr th
t ons fo tthee probate
probate;
t ;
(1) Re-execution of the original will (COPYING the original
death.
(b) AFTER death t . Post mortem
provisions); Subject to the right of appeal, the allowance of the will, either
- TWO PARTS:
P RT
PA R S:
(2) Execution of a codicil or implied republication. during the lifetime of the testator or after his death, shall be
1) Probate t Proper - deals with t EXTEXTRINSIC validity;
X RINSIC validity
t ;
ARTICLE 836. The execution of a codicil referring to a previous conclusive as to its due execution.
2) Inquiry r into
t INTRINSIC validity t and DISTRIBUTION of
will has the effect of republishing the will as modiϐied by the 1. Concept of probate. Probate tthee act of proving befo
t is th before competent
f re a compete
t nt estate.
estat te
t .
codicil. court tthee due ex
r th eexecution
ecution of a will by a person possessed of - Any
n person inte interested
t res in the probate of the will may ϐile a
(1) To republish a VOID will as to form, all dispositions ttestamentary
te sta
t menta r capacity,
t ry ty, as well as approval
capacity appro r val of said cou
court. petition.
must be reproduced in the new will. 2. Necessity of probate 4. Effect of allowance of wills
(2) To republish a valid but revoked will, the execution of
Heirs of Lasam v. Umengan (1) The probate proper or ALLOWANCE of the will is binding
a codicil which makes reference to that will is
upon the WHOLE WORLD insofar as
sufϐicient. Without having been probated, the last will and testament could not
be the source of any right. Testamentary
(a) Testa
t menta
t ry capacity;
r capacity
t ; AND
ARTICLE 837. If after making a will, the testator makes a second (b) Due execu
execution
will expressly revoking the ϐirst, the revocation of the second
Seangio v. Reyes

Based on the Syllabus of Atty. Gravador, Book of Paras By RGL 117 of 153
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Civil Law Reviewɧ TEXT, NOTES and CASES˙ Property and Succession˙˙
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are concerned. (a) When the parties voluntarily submit the matter to the (d) Claims thereto.
(2) It is NOT an interlocutory order, and is therefore immediately court; OR Gallanosa v. Arcangel
appealable. After lapse of reglementary period to appeal, an (b) To decide provisionally to determine whether to
include the property in the inventory. After the ϐinality of the allowance of a will, the issue as to the
order allowing probate is FINAL and CANNOT be reversed,
(9) Exclusion of properties from the inventory is an voluntariness of its execution cannot be raised anymore.
even by the SC.
(3) NB: proceeding for distribution of properties NOT proceeding interlocutory order and may not be appealed until the entire
De la Cerna v. Potot
in rem and cannot affect persons stranger to the case. case is elevated on appeal.
(10) Proof of ϔiliation may be allowed in probate proceedings if it The ϐinal decree of probate, entered in 1939 has conclusive effect as
(4) Distribution is the division, by order of the court having
is essential to establish which of the two wills has been to his last will and testament, despite the fact that even then the Civil
authority, among those entitled thereto, of the estate of a Code already decreed the invalidity of joint wills, whether in favor of
person, after the payment of debts and charges. revoked.
the joint testators, reciprocally, or in favor of a third party.
(5) A competent court to conduct probate must be the RTC of the It can also be given to prove prima facie WON an oppositor or
The error thus committed by the probate court was an error of law,
province intervenor who claims to be related to the testator, can be
that should have been corrected by appeal, but which did not affect
(a) Where NON-RESIDENT testator has real estate; allowed to intervene for the purpose of protecting his rights. the jurisdiction of the probate court, nor the conclusive effect of its
(b) Where RESIDENT testator resided at the time of his (11) AN acknowledged natural child has two alternatives to prove ϐinal decision, however erroneous. A ϐinal judgment rendered on a
death. his status and interest in the estate of his deceased parent: petition for the probate of a will is binding upon the whole world
(6) The following are NOT included in the probate order as they and public policy and sound practice demand that at the risk of
(a) Intervene in the probate proceeding, if still open; OR
delve into the INTRINSIC validity of the will: occasional errors, judgment of courts should become ϐinal at some
(b) Ask that it be reopened if already closed. deϐinite date ϐixed by law.
(a) Exclusion of widow from inheritance; (12) There is NO prescriptive period for instituting probate
(b) Disinheritance of a child; proceedings. However, the probate decree in 1939 could only affect the share of
(c) Impairment of legitime; the deceased husband, Bernabe de la Cerna. It could not include the
(13) ESTOPPEL is NOT applicable as well.
(d) Declaring a certain woman the true wife of testator; disposition of the share of the wife, Gervasia Rebaca, who was then
(14) Before properties are to be distributed, still alive.
(e) Partitioning of conjugal properties; (a) There must be a decree of partition;
(f) Right of a widow to inherit; (b) Then, payment of estate tax. Maninang v. CA
(g) Titles to property, and annulment of alleged fraudulent (15) When deceased was a defendant in a money claim, the case
sales. The law enjoins the probate of the Will and public policy requires it,
should be dismissed and reϐiled with the probate court. Had because unless the Will is probated and notice thereof given to the
These matters are to be brought in the 2nd part, and if the claim be based on an action that subsists, such as tort, the whole world, the right of a person to dispose of his property by Will
disposed of in the ϐirst, CANNOT be res judicata. same must be continued. may be rendered nugatory.
(7) The probate court can decide provisionally questions of title (16) Probate proceedings are TERMINATED:
Normally, the probate of a Will does not look into its intrinsic
for the purpose of inclusion or exclusion from the inventory, (a) Upon approval of the project of partition;
validity. Opposition to the intrinsic validity or legality of the
without prejudice to a ϐinal determination of the question in a (b) Granting of petition to close the proceedings; and provisions of the will cannot be entertained in Probate proceeding
separate action. Adverse claims of ownership must be (c) Issuance of the order of distribution directing the because its only purpose is merely to determine if the will has been
delivery of the properties to the heirs. executed in accordance with the requirements of the law.
ventilated in an independent action. The appropriate step is
for the claimant to have the proper annotation of lis pendens. (17) Matters that should be brought up before the probate court:
In the instant case, a crucial issue that calls for resolution is whether
(8) Thus, the GR is that a probate court has NO jurisdiction to (a) Determination of heirs; under the terms of the decedent's Will, private respondent had been
decide question of ownership EXC: (b) Proof of ϐiliation; preterited or disinherited, and if the latter, whether it was a valid
(c) Determination of estate of decedent; AND disinheritance. Preterition and disinheritance are two diverse

Based on the Syllabus of Atty. Gravador, Book of Parasɧ By RGL˙ 118 of 153ɧ
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Civil Law Reviewɧ TEXT, NOTES and CASES˙ Property and Succession˙˙
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A threat to enforce one's claim through competent

concepts. the testator had the mental capacity to execute his Will. The
petitioner states that she completely agrees with the respondent authority, if the claim is just or legal, does not vitiate
Preterition 'consists in the omission in the testator's will of the court when in resolving the question of whether or not the probate consent.
forced heirs or anyone of them, either because they are not court correctly denied the probate of Martin Jugo's last Will and
(4) If it was procured by undue and improper pressure
mentioned therein, or, though mentioned, they are neither instituted Testament.
We see no useful purpose that would be served if we remand the and inϐluence, on the part of the beneϐiciary or of some
as heirs nor are expressly disinherited.
nulliϐied provision to the proper court in a separate action for that other person;
Disinheritance, in turn, 'is a testamentary disposition depriving any purpose simply because, in the probate of a will, the court does not
ARTICLE¬ 1337. There is undue inϐluence when a
compulsory heir of his share in the legitime for a cause authorized ordinarily look into the intrinsic validity of its provisions.
The prohibition in Article 739 of the Civil Code is against the making person takes improper advantage of his power over
by law.'
of a donation between persons who are living in adultery or the will of another, depriving the latter of a reasonable
concubinage. It is the donation which becomes void. The giver freedom of choice. The following circumstances shall
Pastor v. CA cannot give even assuming that the recipient may receive. The very be considered: the conϐidential, family, spiritual and
wordings of the Will invalidate the legacy because the testator
When the disputed Probate Order was issued on December 5, 1972, other relations between the parties, or the fact that the
admitted he was disposing the properties to a person with whom he
there had been no liquidation of the community properties of had been living in concubinage. person alleged to have been unduly inϐluenced was
PASTOR, SR. and his wife. suffering from mental weakness, or was ignorant or in
X. Disallowanceǧ ϐinancial distress.
The reconveyance or recovery of properties allegedly owned but not
in the name of PASTOR, SR. was still being litigated in another court. ARTICLE¬ 839. The will shall be disallowed in any of the (5) If the signature of the testator was procured by fraud;
following cases:
There was no appropriate determination, much less payment, of the ARTICLE¬ 1338. There is fraud when, through
debts of the decedent and his estate. (1) If the formalities required by law have not been insidious words or machinations of one of the
complied with; contracting parties, the other is induced to enter into a
The net assets of the estate not having been determined, the legitime
of the forced heirs in concrete ϐigures could not be ascertained. (2) If the testator was insane, or otherwise mentally contract which, without them, he would not have
incapable of making a will, at the time of its execution; agreed to.
All the foregoing deϐiciencies considered, it was not possible to (3) If it was executed through force or under duress, or the
determine whether the legacy of QUEMADA—a ϐixed share in a (6) If the testator acted by mistake or did not intend that the
inϐluence of fear, or threats;
speciϐic property rather than an aliquot part of the entire net estate of instrument he signed should be his will at the time of
the deceased - would produce an impairment of the legitime of the ARTICLE¬ 1335. There is violence when in order to afϐixing his signature thereto.
compulsory heirs. wrest consent, serious or irresistible force is
ARTICLE¬ 1331. In order that mistake may invalidate
Finally, there actually was no determination of the intrinsic validity employed.
consent, it should refer to the substance of the thing
of the will in other respects. There is intimidation when one of the contracting which is the object of the contract, or to those
parties is compelled by a reasonable and conditions which have principally moved one or both
Nepomuceno v. CA
well-grounded fear of an imminent and grave evil parties to enter into the contract.
The respondent court acted within its jurisdiction when after upon his person or property, or upon the person or
declaring the Will to be validly drawn, it went on to pass upon the Mistake as to the identity or qualiϐications of one of
property of his spouse, descendants or ascendants, to
intrinsic validity of the Will and declared the devise in favor of the the parties will vitiate consent only when such
give his consent.
petitioner null and void. identity or qualiϐications have been the principal
There appears to be no more dispute at this time over the extrinsic To determine the degree of intimidation, the age, sex cause of the contract.
validity of the Will. Both parties are agreed that the Will of Martin and condition of the person shall be borne in mind.
Jugo was executed with all the formalities required by law and that
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Based on the Syllabus of Atty. Gravador, Book of Parasɧ By RGL˙ 119 of 153ɧ
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Civil Law Reviewɧ TEXT, NOTES and CASES˙ Property and Succession˙˙
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A simple mistake of account shall give rise to its (b) Institution INTRINSICALLY valid; AND ARTICLE¬ 843. The testator shall designate the heir by his name
correction. (i) Legitime not impaired; and surname, and when there are two persons having the same
Cases: Pascual v. De la Cruz (ii) Heir certain or ascertainable; names, he shall indicate some circumstance by which the
(iii) No preterition. instituted heir may be known.
The contradictions and inconsistencies appearing in the testimonies (c) Must be EFFECTIVE.
Even though the testator may have omitted the name of the heir,
of the witnesses and the notary, pointed out by the (i) No predecease;
oppositors-appellants, relate to unimportant details or to should he designate him in such manner that there can be no
(ii) No repudiation;
impressions of the witnesses about certain details which could have doubt as to who has been instituted, the institution shall be
(iii) No incapacity of heir.
been affected by the lapse of time and the treachery of human valid.
memory, and which inconsistencies, by themselves would not alter 2. Requisites for valid institutions of heirs
the probative value of their testimonies on the due execution of the ARTICLE¬ 789. When there is an imperfect description, or when
will. ARTICLE¬ 785. The duration or efϐicacy of the designation of no person or property exactly answers the description,
heirs, devisees or legatees, or the determination of the portions mistakes and omissions must be corrected, if the error appears
Reyes v. Barreto-Datu which they are to take, when referred to by name, cannot be left from the context of the will or from extrinsic evidence,
to the discretion of a third person. excluding the oral declarations of the testator as to his
The only instance that we can think of in which a party interested in
a probate proceeding may have a ϐinal liquidation set aside is when 3. Effect if will institute no heir intention; and when an uncertainty arises upon the face of the
he is left out by reason of circumstances beyond his control or will, as to the application of any of its provisions, the testator's
through mistake or inadvertence not imputable to negligence. Even ARTICLE 841. A will shall be VALID even though it should
intention is to be ascertained from the words of the will, taking
then, the better practice to secure relief is reopening of the same case (1) not contain an institution of an heir, or into consideration the circumstances under which it was made,
by proper motion within the reglementary period, instead of an
(2) such institution should not comprise the entire estate, excluding such oral declarations.
independent action the effect of which, if successful, would be, as in
the instant case, for another court or judge to throw out a decision or and
6. Disposition in favor of a deϔinite class
order already ϐinal and executed and reshufϐle properties long ago (3) even though the person so instituted should not
distributed and disposed of. accept the inheritance or should be incapacitated to ARTICLE¬ 845. Every disposition in favor of an unknown
succeed. person shall be void, unless by some event or circumstance
XI. Institution of Heirsǧ his identity becomes certain. However, a disposition in favor of
In such cases the testamentary dispositions made in
1. Deϔinition a deϐinite class or group of persons shall be valid.
accordance with law shall be complied with and the
ARTICLE¬ 840. Institution of heir is an act by virtue of which a remainder of the estate shall pass to the legal heirs. Unknown person - one who cannot be identiϐied in the will; not one
testator designates in his will the person or persons who are to (intestate succession applies) who is a stranger to the testator.
succeed him in his property and transmissible rights and
4. Freedom of Disposition 7. Equality of heirs - FIRST RULE
obligations.
ARTICLE¬ 842. One who has no compulsory heirs may ARTICLE¬ 846. Heirs instituted without designation of shares
(1) Institution of an Heir is deϐined as:
dispose by will of all his estate or any part of it in favor of any shall inherit in equal parts.
(a) A voluntary act that cannot affect the legitime;
person having capacity to succeed. Exception is when the instituted heir is likewise a
(b) Generally applicable to devises and legacies;
(c) Applicable only in testamentary succession; One who has compulsory heirs may dispose of his estate compulsory heir, since he automatically gets ½ or the
(d) May be done to a conceived child if the conditions of provided he does not contravene the provisions of this Code legitime. His equal share will only pertain to the free portion.
Arts 40 and 41 are present. with regard to the legitime of said heirs. ARTICLE¬ 848. If the testator should institute his brothers and
(2) Requisites 5. Manner of designating an heir sisters, and he has some of full blood and others of half blood,
(a) Will is EXTRINSICALLY valid;
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Based on the Syllabus of Atty. Gravador, Book of Parasɧ By RGL˙ 120 of 153ɧ
˙