civlaw reviewer - succession

8/13/2019 Civlaw Reviewer - SUCCESSION

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CIVIL LAW REVIEW - BALANE

Batch 2013 SUCCESSION Reviewer

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Case Title Facts Held/Doctrine

SUCCESSIONArticles 774-776Union Bank !Santi"ane#

(2005)

On May 31, 1980, the First CountrysideCredit Corporation (FCCC) and Efraim

anti!a"e# entered into a $oana%reement in the amount of &128,000'00'he amount as intended for thepayment of one (1) unit Ford **00+%riu$tura$ rator' -n .ie thereof,Efraim and his son, Edmund, e/euted apromissory note in fa.or of the FCCC, theprinipa$ sum paya!$e in fi.e eua$ annua$amorti#ations' Efraim died, $ea.in% aho$o%raphi i$$' urin% the pendeny ofthe testate proeedin%s, the sur.i.in%heirs, Edmund and his sister F$orene,e/euted a oint +%reement, hereinthey a%reed to di.ide !eteenthemse$.es and tae possession of thethree (3) trators' 4nion an fi$ed aComp$aint for sum of money a%ainst theheirs of Efraim anti!a"e#, Edmund andF$orene' 4nion an asserts that theo!$i%ation of the deeased had passed tohis $e%itimate heirs (Edmund andF$orene) as pro.ided in +rti$e 667 of theCi.i$ Code and that the unonditiona$si%nin% of the oint a%reement estoppedF$orene, and that she annot deny her$ia!i$ity under the said doument'

here an !e no .a$id partition amon% the heirs $ntil a%ter t&e 'ill &as "een (ro"ated!

-n our urisdition, the ru$e is that there an !e no .a$id partition amon% the heirs unti$ after thei$$ has !een pro!ated' his, of ourse, presupposes that the properties to !e partitioned arethe same properties em!raed in the i$$' -n the present ase, the deeased, Efraimanti!a"e#, $eft a ho$o%raphi i$$ hih ontained, inter alia, the pro.ision hih reads asfo$$os: (e) +$$ other properties, rea$ or persona$, hih - on and may !e diso.ered $aterafter my demise, sha$$ !e distri!uted in the proportion indiated in the immediate$y preedin%para%raph in fa.or of Edmund and F$orene, my hi$dren' he a!o.e;uoted is an a$$;enompassin% pro.ision em!rain% a$$ the properties $eft !y the deedent hih mi%ht ha.eesaped his mind at that time he as main% his i$$, and other properties he may auirethereafter' -n$uded therein are the three (3) su!et trators' his !ein% so, any partitionin.o$.in% the said trators amon% the heirs is not .a$id' -n e/eutin% any oint a%reement hihappears to !e in the nature of an e/tra;udiia$ partition, as in the ase at !ar, ourt appro.a$ isimperati.e, and the heirs annot ust di.est the ourt of its urisdition o.er that part of theestate' he Court notes that the $oan as ontrated !y the deedent' he !an, purported$y areditor of the $ate Efraim anti!a"e#, shou$d ha.e thus fi$ed its money $aim ith the pro!ateourt in aordane ith etion 5,


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$and from the an and no ant toreo.er the property from the possessionof the petitioner' &etitioner ontends o;onership'

Article 777Uson ! del)osario(1953)

Faustino >e!reda $eft no other heire/ept his ido Maria 4son' @oe.er,p$aintiff $aims that hen Faustino>e!reda died in 1975, his ommon;$aife Maria de$ e!reda died in 1975 the fi.e pare$s of $and he as sei#ed of at the time passed from themoment of his death to his on$y heir, his ido Maria 4son (+rti$e *56, o$d Ci.i$ Code)' Fromthat moment of death, therefore, the ri%hts of inheritane of Maria 4son o.er the $ands inuestion !eame .ested' he $aim of the defendants that Maria 4son had re$inuished herri%ht o.er the $ands in uestion !eause she e/press$y renouned to inherit any future propertythat her hus!and may auire and $ea.e upon his death in the deed of separation they had

entered into on Fe!ruary 21, 1931, annot !e entertained for the simp$e reason that futureinheritane annot !e the su!et of a ontrat nor an it !e renouned'

Bor*a ! Bor*a(1962)

Franiso e/euted a i$$, hih hi$e inpro!ate $ed to a onundrum in the fami$y,ith ose, his son ontestin% the .a$idityof asiana, his seond ife, andFranisoBs marria%e'

he ompromise a%reement ase/euted pendin% se.era$ tria$s, ith thestipu$ations therein ontainin% asianaBsdesistane in $aimin% anythin% in the i$$,the onsideration of hih is payment of

ose of the amount of &hp200,000 toasiana amon% others, in e/han%e tothe ithdraa$ and desistane fromfurther fi$in% any other ase' he samea%reement as su!mitted and appro.ed!y the pro!ate ourt !y ose !ut asianaopposed the same'

he ontention of asiana as that thea%reement ou$d not !e $ooed uponithout first pro!atin% FranisoBs i$$'

he $ear o!et of the ontrat as mere$y the on.eyane !y asiana On%sin%o of any anda$$ her indi.idua$ share and interest, atua$ or e.entua$ in the estate of Franiso de ora andosefa an%o' here is no stipu$ation as to any other $aimant, reditor or $e%atee' +nd as ahereditary share in a deedent?s estate is transmitted or .ested immediate$y from the momentof the death of suh ausante or predeessor in interest (Ci.i$ Code of the &hi$ippines, +rt'666) there is no $e%a$ !ar to a suessor (ith reuisite ontratin% apaity) disposin% of heror his hereditary share immediate$y after suh death, e.en if the atua$ e/tent of suh share isnot determined unti$ the su!seuent $iuidation of the estate' Of ourse, the effet of suha$ienation is to !e deemed $imited to hat is u$timate$y adudiated to the .endor heir'@oe.er, the a$eatory harater of the ontrat does not affet the .a$idity of the transationneither does the oetaneous a%reement that the numerous $iti%ations !eteen the parties) are

to !e onsidered sett$ed and shou$d !e dismissed, a$thou%h suh stipu$ation, as noted !y the


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+,76. fi$ed an ation for uetin% of tit$e o.erpare$s of $and $oated in +!ra' + femonths after, hi$e the ase as sti$$pendin%, Fortunata died' @er heris thenreuested that they su!stitute theirmother in the ation' he same and the

M


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i$$;%otten' Aith re%ard to the si!$in%s -meeMaros;Manoto and on%!on% Maros,r', the ourt noted that their in.o$.ementin the a$$e%ed i$$e%a$ ati.ities as ne.eresta!$ished'D

On 20 eem!er 2005, petitioner fi$ed itsMotion for &artia$


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C+ re.ersed statin% that the sur.i.orshipa%reement onstitutes a on.eyanemortis ausa hih did not omp$y iththe forma$ities of a .a$id i$$' +ssumin%that it as a donation inter .i.os, it is aprohi!ited donation (donation !eteen

spouses)'Article :00Balta#ar s! >a?a(2012)

&aienia a spinster, ithout any !rothersor sisters, !eueathed a$$ her propertiesto respondent =oren#o (her nephe) andhis ife and their hi$dren' =oren#o is&aieniaBs nephe hom she treated asher on son' Con.erse$y, =oren#o ameto no and treated &aienia as his onmother'he Ai$$, as e/euted in the house ofretired ud%e =impin, as read to&aienia tie' +fter hih, &aienia

e/pressed in the presene of theinstrumenta$ itnesses that the doumentis her $ast i$$ and testament' hethereafter affi/ed her si%nature at the endof the said doument' he itnessesere ra' =impin, Franiso andFaustino' he three attested to the Ai$$Bsdue e/eution !y affi/in% their si%natures!e$o its attestation $auseand on the $eftmar%in of pa%es'

=oren#o fi$ed a petition for the pro!ate ofthe Ai$$ of &aienia, hi$e +ntonioa$ta#ar fi$ed an opposition on thefo$$oin% %rounds: =oren#o is disua$ifiedto !e appointed as administrator !ein% aiti#en and resident of 4+ the Ai$$ asnot e/euted and attested to inaordane ith the reuirements of the$a and that &aienia as menta$$yinapa!$e to mae a Ai$$ at the time of itse/eution'

iomeda,Epifania and theirspouses) !e o!ser.ed upon her death' he as e$$ aare of ho she auired the propertiesfrom her parents and the properties she is !eueathin% to =OIO, to his ife COand to his to (2) hi$dren' + third hi$d as !orn after the e/eution of the i$$ and as notin$uded therein as de.isee'

are a$$e%ations of duress or inf$uene of fear or threats, undue and improper inf$uene andpressure, fraud and triery annot !e used as !asis to deny the pro!ate of a i$$'


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of 4+C+: re.ersed ac$esta+,9,.

he pro!ate of the i$$ of +ntero Meradodated an 1973 and ritten in -$oano

he attestation $ause is fata$$y defeti.e for fai$in% to state that +ntero Merado aused +tty'F$orentino a.ier to rite the testator?s name under his e/press diretion, as reuired !y


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as disa$$oed for the fo$$oin% reasons:(1) fai$ure to ertify that the i$$ assi%ned on a$$ the $eft mar%ins of the threepa%es and at the end of the i$$ !y +tty'F$orentino a.ier at the e/press reuestof the testator in the presene of the

testator and eah and e.ery one of theitnesses(2) fai$ure to ertify that after the si%nin%of the name of the testator !y +tty' a.ierat the former?s reuest said testator hasritten a ross at the end of his name andon the $eft mar%in of the three pa%es ofhih the i$$ onsists and at the endthereof

setion *18 of the Code of Ci.i$ &roedure'

-t is not here pretended that the ross appearin% on the i$$ is the usua$ si%nature of +nteroMerado or e.en one of the ays !y hih he si%ned his name' +fter mature ref$etion, e arenot prepared to $ien the mere si%n of the ross to a thum!mar, and the reason is o!.ious'he ross annot and does not ha.e the t rustorthiness of a thum!mar'

Bar$t !Ca"ac$n8an

arut app$ied for the pro!ate of the i$$ ofdeeased, Maria a$omon' he testatri/stated in the i$$ that !ein% una!$e to reador rite, the i$$ as read to her !y

Ciriao Conepion and imotea -nose$daand that she had instruted e.ero+%ayan to si%n her name to it as testatri/'he pro!ate as ontested !y a num!erof the re$ati.es of the deeased on.arious %rounds'he pro!ate ourt denied pro!ate!eause the si%nature seemed to notha.e !een !y e.ero +%ayan !ut !yanother itness)'

-t is immateria$ ho rote the name of the testator pro.ided it is ritten at her reuest and inher present, and in the presene of the itnesses' his is the on$y reuirement under e' *18of the Ci.i$ Code of proedure at that time'

ased on etion *18 of the Code of Ci.i$ &roedure, it is $ear that ith respet to the validityof the i$$, it is unimportant hether the person ho rites the name of the testatri/ si%ns hison or not' he important thin% is that it $ear$y appears that the name of the testatri/ assi%ned at her e/press diretion in the presene of 3 itnesses and that they attested andsu!sri!ed it in her presene and in the presene of eah other' -t may !e ise that the oneho si%ns the testatorBs name si%ns a$so his on !ut that is not essentia$ to the .a$idity of thei$$'

Nera ! )iando+,,,.

he ase presents on$y one uestion:Ahether one of the su!sri!in% itnessesas present in the sma$$ room here itas e/euted at the time hen the

testator and the other su!sri!in%itnesses attahed their si%natures orhether at that time he as outside,some ei%ht or ten feet aay, in a $ar%eroom onnetin% ith the sma$$er room !ya dooray, aross hih as hun% aurtain hih made it impossi!$e for onein the outside room to see the testatorand the other su!sri!in% itnesses inthe at of attahin% their si%natures to theinstrument'

+ maority of the mem!ers of the ourt is of opinion that this su!sri!in% itness as in thesma$$ room ith the testator and the other su!sri!in% itnesses at the time hen theyattahed their si%natures to the instrumen

he true test of presene of the testator and the itnesses in the e/eution of a i$$ is nothether they atua$$y sa eah other si%n, !ut hether they mi%ht ha.e !een seen eah othersi%n, had they hosen to do so, onsiderin% their menta$ and physia$ ondition and positionith re$ation to eah other at the moment of insription of eah si%nature'D(a!oneta .' Husti$o)he uestion is hether the testator and the su!sri!in% itnesses to an a$$e%ed i$$ si%nedthe instrument in the presene of eah other does not depend upon proof of the fat that theireyes ere atua$$y ast upon the paper at the moment of its su!sription !y eah of them, !utthat at that moment e/istin% onditions and their position ith re$ation to eah other ere suhthat !y mere$y astin% the eyes in the proper diretion they ou$d ha.e seen eah other si%n'o e/tend the dotrine further ou$d open the door to the possi!i$ity of a$$ manner of fraud,su!stitution, and the $ie, and ou$d defeat the purpose for hih this partiu$ar ondition ispresri!ed in the ode as one of the reuisites in the e/eution of a i$$'


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Icasiano !Icasiano

(19*7)

Ai$$ onsisted of 5 pa%es' -t does notontain the si%nature of +tty' >ati.idad onpa%e 3' @oe.er, the dup$iate opy(E/h' +;1, ar!on opy of E/h' +),attahed in an amended petition, petitionhas omp$ete si%natures in e.ery pa%e'

>ati.idad testified that he may ha.e $ifted2 pa%es instead of 1 hen he si%ned E/h'+'

@ill aditted to (ro"ate!

he inad.ertent fai$ure of one itness to affi/ his si%nature to one pa%e of a testament, due tothe simu$taneous $iftin% of to pa%es in the ourse of si%nin%, is not per se suffiient to ustifydenia$ of pro!ate' -mpossi!i$ity of su!stitution of this pa%e is assured not on$y the fat that thetestatri/ and to other itnesses did si%n the defeti.e pa%e, !ut a$so !y its !earin% the

oinident imprint of the sea$ of the notary pu!$i !efore hom the testament as ratified !ytestatri/ and a$$ three itnesses' he $a shou$d not !e so strit$y and $itera$$y interpreted as topena$i#e the testatri/ on aount of the inad.ertene of a sin%$e itness o.er hose ondutshe had no ontro$, here the purpose of the $a to %uarantee the identity of the testament andits omponent pa%es is suffiient$y attained, no intentiona$ or de$i!erate de.iation e/isted, andthe e.idene on reord attests to the fu$$ o!ser.ane of the statutory reuisites'

Ca8ro ! Ca8ro

(1953)

&ro!ate of the i$$ is uestioned on the%round that the attestation $ause is notsi%ned !y the attestin% itnessesa$thou%h the pa%e ontainin% the same issi%ned on the $eft mar%in' CF- a$$oedpro!ate'

@ill not allo'ed!

+n unsi%ned attestation $ause annot !e onsidered as an at of the itnesses, sine theomission of their si%natures at the !ottom thereof ne%ati.es their partiipation'

he si%natures on the $eft mar%in does not su!stitute the si%natures !e$o the attestation$ause sine those pertain to a different $e%a$ reuirement'

issentin% opinions: here as su!stantia$ omp$iane ith the reuirement' Moreo.er, thee.i$ sou%ht to !e a.oided, that of the su!seuent addition of the +C after the i$$ has !eensi%ned, is ne%ated !y the testimony of the itnesses sayin% that the +C as present henthey si%ned the i$$'

Cr$# ! =illasor

(1963)

eeased $eft a notaria$ i$$, itnessed !yama$oas, &anares and +tty' e.es, hoas a$so the >otary &u!$i ith hom thei$$ as ano$ed%ed

@ill not allo'ed since t&ere are onl3 t'o 'itnesses!

+no$ed%in% the i$$ !y the notary;itness means he ou$d admit ha.in% si%ned the i$$ infront of himse$f' his he ou$d not do sine he annot sp$it his persona$ity into to' O permitthe situation ou$d !e a!surd'

Moreo.er, the >otary &u!$i is supposed to %uard a%ainst i$$e%a$ities attendin% the preparationof the i$$' -f he an !e one of the attestin% itnesses, he ou$d then !e interested insustainin% the .a$idity of the i$$ and hene i$$ onf$it in his duty as a >otary'

;aellana !>edesa

+po$inaria =edesma e/euted thetestament at her house hi$e the odii$as e/euted after the enatment of the>e Ci.i$ Code and must !eano$ed%ed !efore a notary pu!$i'One of the a$$e%ations as that theertifiate of ano$ed%ement to theodii$ as si%ned somehere e$se or inthe offie of the notary' he testatri/ andthe itnesses at the hospita$, as si%nedand sea$ed !y the notary on$y hen he

+$$ that is reuired is that e.ery i$$ must !e ano$ed%ed !efore a notary pu!$i !y thetestator and itnesses' he su!seuent si%nin% and sea$in% is not part of theano$ed%ement itse$f nor of the testamentary at' heir separate e/eution out of thepresene of the testator and the itnesses annot !e a .io$ation of the ru$e that testamentsshou$d !e omp$eted ithout interruption'


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!rou%ht it in his offie'

Orte8a !=alonte

=etiia opposed the pro!ate of &$aidoBsi$$ on the %round that there as .arianeon the dates appearin% on the i$$pertainin% to the time hen &$aidoe/euted the i$$ and hen he appeared

!efore the notary pu!$i'

he onf$it !eteen the dates appearin% on the i$$ does not in.a$idate the doument,!eause the $a does not e.en reuire that a notaria$ i$$ !e e/euted and ano$ed%ed onthe same oasion'D More important, the i$$ must !e su!sri!ed !y the testator, as e$$ as !ythree or more redi!$e itnesses ho must a$so attest to it in the presene of the testator andof one another' Furthermore, the testator and the itnesses must ano$ed%e the i$$ !efore

a notary pu!$i' he party ha$$en%in% the i$$ !ears the !urden of pro.in% the e/istene offraud at the time of its e/eution' he !urden to sho otherise shifts to the proponent of thei$$ on$y upon a shoin% of redi!$e e.idene of fraud'

$errero ! Bi&is+007.

he i$$ as ano$ed%ed !y thetestatri/ and the itnesses at thetestatri/Bs itnesses in KC !efore anotary pu!$i ho as ommissioned forand in Ca$ooan City'

@e$d: -n.a$id' >otary pu!$i as atin% outside the p$ae of his ommission, and this did notsatisfy +rt 80*' >o notary sha$$ possess authority to do any notaria$ at !eyond the $imits of hisurisdition'

Article :0:arcia s!=as$e#(1993)

H$ieria+.e$ino de$ asasaadsa@u$in%@a!i$inD ase/euted han%in% some dispositions to%enerate ash for the testatorBs

ISSUEAhether or not ri%ido as !$ind for the purpose of +rt' 808' E

)U>IN +rt' 808 app$ies not on$y to !$ind testators !ut a$so to those ho, for one reason oranother, are inapa!$e of readin% their i$$s' ine the deeased as inapa!$e of readin% thefina$ drafts of his i$$ and odii$ on the separate oasions of their e/eution due to his poor,Ddefeti.e,D or !$urredD .ision, there an !e no other ourse !ut to on$ude that he omesithin the sope of the term !$indB as used in +rt' 808' 4n$ess the ontents ere read to him,he had no ay of asertainin% hether or not the $ayer ho drafted the i$$ and odii$ did soonforma!$y ith his instrution' @ene, to onsider his i$$ as .a$id$y e/euted and entit$ed topro!ate, it is essentia$ to asertain hether or not +rt' 808 had !een omp$ied ith'


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%$auoma' oth the i$$ and the odii$as not read !y the testator !ut insteadread to him a$oud !y ayani Ma'


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appeared as oppositors and o!eted tothe a$$oane of the testatorBs i$$ on the%round that on the a$$e%ed date of itse/eution, the testator as a$ready in thepoor state of hea$th suh that he ou$dnot ha.e possi!$y e/euted the same

and that the si%nature of the testator isnot %enuine'

he pro!ate ourt rendered adeision that suh i$$ is the =ast Ai$$ andestament of Mateo Ca!a$$ero and that itas e/euted in aordane ith a$$ thereuisites of the $a' 4pon appea$ to C+,the petitioners asserted that the i$$ inuestion is nu$$ and .oid for the reasonthat its attestation $ause is fata$$ydefeti.e sine it fai$s to speifia$$y statethe instrumenta$ itnesses to the i$$itnessed the testator si%nin% the i$$ intheir presene and that they a$so si%nedthe i$$ and a$$ the pa%es thereof in thepresene of the testator and of oneanother' @oe.er, C+ affirmed thedeision of the tria$ ourt ru$in% and ru$in%that the attestation $ause in the =ast Ai$$su!stantia$$y omp$ies ith +rti$e 805 ofthe Ci.i$ Code' ue to denia$ ofpetitionersB motion for reonsideration,hene this appea$ !efore the upremeCourt'

of eah other' -n suh a situation, the defet is not on$y in the form or $an%ua%e of theattestation $ause !ut the tota$ a!sene of a speifi e$ement reuired !y +rti$e 805 to !espeifia$$y stated in the attestation $ause of a i$$' hat is preise$y the defet omp$ained ofin the present ase sine there is no p$ausi!$e ay !y hih it an !e read into the uestionedattestation $ause statement, or an imp$iation thereof, that the attestin% itness did atua$$y!ear itness to the si%nin% !y the testator of the i$$ and a$$ of its pa%es and that said

instrumenta$ itnesses a$so si%ned the i$$ and e.ery pa%e thereof in the presene of thetestator and of one another'

A#$ela ! CA he i$$, onsistin% of to (2) pa%es andritten in the .ernau$ar &i$ipino' hethree named itnesses to the i$$ affi/ed

their si%natures on the $eft;hand mar%in of!oth pa%es of the i$$, !ut not at the!ottom of the attestation $ause'

Fail$re o% t&e attestation cla$se to state t&e n$"er o% (a8es on '&ic& t&e 'ill 'as'ritten reains a %atal %la'5 des(ite Article :0!

he purpose of the $a in reuirin% the $ause to state the num!er of pa%es on hih the i$$ isritten is to safe%uard a%ainst possi!$e interpo$ation or omission of one or some of its pa%esand to pre.ent any inrease or derease in the pa%es' he fai$ure to state the num!er of pa%eseuates ith the a!sene of an a.erment on the part of the instrumenta$ itnesses as to homany pa%es onsisted the i$$, the e/eution of hih they had ostensi!$y ust itnessed andsu!sri!ed to' -t is the itnesses, and not the testator, ho are reuired under +rti$e 805 tostate the num!er of pa%es used upon hih the i$$ is ritten the fat that the testator hadsi%ned the i$$ and e.ery pa%e thereof and that they itnessed and si%ned the i$$ and a$$ thepa%es thereof in the presene of the testator and of one another' he on$y proof in the i$$ thatthe itnesses ha.e stated these e$ementa$ fats ou$d !e their si%natures on the attestation$ause' hus, the su!et i$$ annot !e onsidered to ha.e !een .a$id$y attested to !y theinstrumenta$ itnesses, as they fai$ed to si%n the attestation $ause'


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Article :,0)o?as ! de ;es$s note!oo !e$on%in% to deeased as

presented ontainin% the i$$ of thedeeased' he date as Fe!*1'D

As a 8eneral r$le5 t&e date in a &olo8ra(&ic @ill s&o$ld incl$de t&e da35 ont&5 and3ear o% its [email protected], hen as in the ase at !ar, t&ere is no a((earance o%%ra$d5 "ad %ait&5 $nd$e in%l$ence and (ress$re and t&e a$t&enticit3 o% t&e @ill isesta"lis&ed and the on$y issue is hether or not the date FE'*1 appearin% on theho$o%raphi Ai$$ is a .a$id omp$iane ith +rti$e 810 of the Ci.i$ Code, pro!ate of the

ho$o%raphi Ai$$ shou$d !e a$$oed under the prinip$e of su!stantia$ omp$iane'>a"rador ! CA ria$ ourt admitted the Me$eioBs i$$ to

pro!ate' @oe.er, the C+ on appea$denied pro!ate on the %round that it asundated'

he intention to sho Marh 16 19*8 as the date of the e/eution is p$ain from the tenor of thesueedin% ords of the para%raph' -t states that this !ein% in the month of Marh 16 thday, inthe year 19*8, and this deision and or instrution of mine is the matter to !e fo$$oed' +nd theone ho made this ritin% is no other than Me$eio =a!rador, their father'D his $ear$y shosthat this is a uni$atera$ at of Me$eio ho p$ain$y ne that he as e/eutin% a i$$'

Article :,,AN ! A

G,9:

he heirs petitioned for the pro!ate of ana$$e%ed ho$o%raphi i$$ hih has !een$ostdestroyed and sou%ht to pro.e theontents and due e/eution of the saidi$$ throu%h itness testimonies

May a ho$o%raphi i$$ that has !een $ostor destroyed !y pro.ed !y itnesstestimonyL

>O' 4n$ie ordinary (notaria$) i$$s, ho$o%raphi i$$s may not !e pro.ed !y testimonia$e.idene hen $ost or destroyed'

he $a re%ards the document itself as materia$ proof of authentiity sine it ou$d at any time!e demonstrated to !e in the hands of the testator himse$f'

O!.ious$y, hen the i$$ itse$f is not su!mitted, these means of opposition, and of assessingthe evidence are not a.ai$a!$e' +nd then the on$y %uaranty of authentiity P the testator?shandritin% P has disappeared'

)ODE>AS !A)ANA

G,:

he petitioners for the pro!ate of the ana$$e%ed ho$o%raphi i$$ that has !een $ostor destroyed presented in ourt aphotostatiQero/ opy of the said i$$

+ &hotostati or Qero/ opy of the ho$o%raphi i$$ may !e a$$oed !eause omparison an!e made ith the standard ritin%s of the testator'

-n footnote 8 of $an vs. %ap"it is pro.ided: &erhaps it may !e pro.ed !y a photo%raphi orphotostati opy' E.en a mimeo%raphed or ar!on opy or !y other simi$ar means, if any,here!y the authentiity of the handritin% of the deeased may !e e/hi!ited and tested!efore the pro!ate ourt'D

AAO>A !SINSON

G,60

-n the pro!ate proeedin%s of aho$o%raphi i$$, the proponent asthesole itness on the authentiity and

due e/eution of the i$$ as e$$ as thehandritin% and si%nature of the testatri/'he oppositors $aim that his $onetestimony is >O E>O4H@ as +rt 811re&uires the presentation of @UA

&etitioners opposed the petition a$$e%in%that the ho$o%raphi i$$ as a for%eryand that the same as e.en i$$e%i!$e'he C+ he$d that the testimoniespresented !y respondents pro.e theauthentiity of the i$$ and the handritin%

he pro.isions of +rti$e 811 of the Ci.i$ Code M+>+O


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13

and si%nature therein and a$$oed thei$$Bs pro!ate'

Articles :,O render the i$$ in.a$id'

-n ho$o%raphi i$$s, hat assures authentiity is the reuirement that they !e tota$$y

auto%raphi or handritten !y the testator himse$f (CC 810)' Fai$ure to o!ser.e CC 813 and817 hoe.er do not mae the entire i$$ in.a$id' 4n$ess the unauthentiated a$terations,ane$$ations or insertions ere made on the date of the ho$o%raphi i$$ or on testator?ssi%nature, their presene does not in.a$idate the i$$ itse$f' he $a of authentiation i$$ on$yresu$t in disa$$oane of suh han%es'

Article :,4A>A@ =!)E>O=A

>+--+ N+=+A as sur.i.ed !y a!rother and a sister, H


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14

AO !1A1UAC

(1926)

Franiso Ha%o fi$ed a petition to o!tainthe pro!ation of Mi%ue$ MamuyaBs 1919i$$' he tria$ ourt denied the petition onthe %round that it had !een ane$$ed andre.oed in 1920'

C disa$$oed pro!ate !eause the i$$ had !een ane$$ed and re.oed'

he fat that suh ane$$ation or re.oation has taen p$ae must either remain unpro.ed of!e inferred from e.idene shoin% that after due searh the ori%ina$ i$$ annot !e found'Ahere a i$$ hih annot !e found is shon to ha.e !een in the possession of the testator,hen $ast seen, the presumption is, in the a!sene of other ompetent e.idene, that the same

as ane$$ed or destroyed' he same presumption arises here it is shon that the testatorhad ready aess to the i$$ and it annot !e found after his death' -t i$$ not !e presumed thatsuh i$$ has !een destroyed !y any other person ithout the no$ed%e or authority of thetestator' he fore of the presumption of ane$$ation or re.oation !y the testatoris ne.eron$usi.e, !ut may !e o.erome !y proof that the i$$ as not destroyed !y the testator ithintent to re.oe it'

CASIANO ! CA

(1988)

&etitioners and respondents are nieeand nephes of the $ate -sa!e$ Ma$oto'e$ie.in% that -sa!e$ did not e/eute ai$$, the parties e/euted an a%reementhih e/traudiia$$y sett$ed +drianaBsestate' hree years $ater, a doumentpurportin% to !e +drianaBs i$$ as found'-n the i$$, petitioners ere %i.en a !i%%ershare than hat they %ot from thee/traudiia$ partition' &etitioners fi$ed apetition for pro!ate' &ri.ate respondentsopposed, on the %round that the i$$ asre.oed !y +driana !y asin% herhousehe$per to !urn it'

he i$$ as not re.oed' he doument !urned as not pro.ed to !e the i$$ of +driana, andthe !urnin% as not done in her presene'

he physia$ at of destrution of a i$$, $ie !urnin% in this ase, does not per se onstitute aneffeti.e re.oation, un$ess the destrution is oup$ed ith animus re.oandi on the part of thetestator' -t is not imperati.e that the physia$ destrution !e done !y the testator himse$f' -t may!e performed !y another person !ut under the e/press diretion and in the presene of thetestator' he doument destroyed must !e the i$$ itse$f'

he intention to re.oe must !e aompanied !y the o.ert physia$ at of !urnin%, tearin%,o!$iteratin%, or ane$$in% the i$$ arried out !y the testator or !y another person in hispresene and under his e/press diretion'

Article :>ANOSA s!A)CANE>

(1968)

Ha$$anosa et a$ are testamentary heirsdesi%nated in the i$$ of F$orentino@itosis' he i$$ as admitted to pro!ate'he $e%a$ heirs, @itosis et a$, did notappea$ the order (1939) admittin% the i$$to pro!ate' he properties desri!ed inthe i$$ are $ater partitioned throu%h aproposed proet of partition appro.ed(1973) !y ourt' +%ain, the $e%a$ heirs,@itosis et a$, did not appea$ the orderappro.in% the proet of partition' 1952,@itosis et a$ fi$e an ation to reo.er saidproperty on.eyed to Ha$$anosa et a$throu%h the i$$' heir a$$e%ed ause ofation is auisiti.e presription of saidproperties on their part' his omp$aintas dismissed upon motion !y Ha$$anosa

+ deree of pro!ate is on$usi.e as to the due e/eution or forma$ .a$idity of the i$$'

hat means that the testator as of sound tria$ disposin% mind at the time hen he e/eutedthe i$$ and as not atin% under duress, menae, fraud, or undue inf$uene that the i$$ assi%ned !y him in the presene of the reuired num!er of itnesses, and that the i$$ is %enuinetria$ is not a for%ery' +ordin%$y, these fats annot a%ain !e uestioned in a su!seuentproeedin%' +fter the fina$ity of the a$$oane of a i$$, the issue as to the .o$untariness of itse/eution annot !e raised anymore'


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15

on the %round of res udiata' +%ain,@itosis et a$ do not appea$' hey did notha$$en%e the order of dismissa$' 19*6,@itosis et a$ fi$e an ation to annu$DF$orentino @itosisB i$$ !eause Ha$$anosaet a$ a$$e%ed$y ommitted fraud and deeit

to ause the e/eution and simu$ation ofthe doument purportin% to !e the $ast i$$and testament of F$orentino @itosis' hisomp$aint as initia$$y dismissed !y CF-ud%e +ran%e$ upon motion ofHa$$anosa' @oe.er, hen @itosis et a$fi$e an MA CE)NA s!OTOT

(19*7)

pouses erna!e de $a Cerna andHer.asia


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16

Ma/ine, HrimmBs 2nd ife, opposed onthe %round of the pendeny of thepro!ate proeedin%s in 4tah' he $aterfi$ed a petition for pro!ate of the 2 i$$s,a$ready pro!ated in 4tah and prayed thatthe partition appro.ed !y ranh 20, the

intestate ourt, !e set aside'

Ethe$ may fi$e ithin tenty days from notie of the fina$ity of this ud%ment an opposition andanser to the petition un$ess she onsiders her motion to dismiss and other p$eadin%ssuffiient for the purpose' uanita H' Morris, ho appeared in the intestate ase, shou$d !eser.ed ith opies of orders, noties and other papers in the testate ase'

NEO1UCENO !CA

(1985)

he pro!ate ourt dismissed the ase forthe pro!ate of the i$$ of the deedent!eause on the i$$, it said that he asdisposin% part of his estate to hisonu!ine ith hom he had !eenoha!itin% for many years'

he issue is hether the pro!ate ourtas orret in passin% upon the intrinsi.a$idity of the i$$' he C said the $oerourt as orret'

his is an e/eption to the ru$e that the pro!ate ourt is $imited to issues in e/trinsi .a$idity ofthe i$$' he pro!ate of a i$$ mi%ht !eome an id$e eremony if on its fae it appears to !eintrinsia$$y .oid' Ahere pratia$ onsiderations demand that the intrinsi .a$idity of the i$$ !epassed upon, e.en !efore it is pro!ated, the ourt shou$d meet the issue'

+ de.ise %i.en !y a married man estran%ed from his ife for 22 years prior to his death, to aoman ith hom he has !een $i.in% for said period of time is .oid'

+=+>E >OE: -t seems that a pro!ate ourt may pass upon the issue of intrinsi .a$idity if onthe fae of the i$$, its intrinsi nu$$ity is patent'

)EES ! CA

(1996)

oruato


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17

o e$are he Ai$$ -ntrinsia$$y oid'he tria$ ourt %ranted the motion andissued an order, the dispositi.e portion ofhih reads:

A@Eo'

$on%er !e ree.a$uated' Fai$ure to a.ai$ of the remedies pro.ided !y $a onstitutes ai.er'

CA)O>INACA1AA !BE)NA)DOATU>ANDON+004.

&artition as made pendin% the


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18

ANTONIOBA>TAA) >O)ENO >AJA

+00.

&etitioners fi$ed an Opposition28 asin%the


19/42



19

Article :94)EES !BA))ETTO-DATU

(19*6)

i!iano arretto as married to MariaHerardo' Ahen i!iano arretto died, he$eft his share in a i$$ to a$ud arretto(a$ud) and =uia Mi$a%ros arretto(Mi$a%rosdefendant;appe$$ee)' he

usufrut of a fishpond as reser.ed forhis ido, Maria Herardo' MariaHerardo, as administratri/ prepared aproet of partition hih as appro.edand the estate as distri!uted and theshares de$i.ered' =ater, Maria Herardodied and in the pro!ate of her i$$ the$oer ourt he$d that a$ud as not thedau%hter of Maria Herardo !y herhus!and i!iano arretto' ine $osin%the fi%ht for a share in the estate of MariaHerardo as a $e%itimate heir, irso


20/42



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&arents Fe$i/ and &a# opposed on the%round that !y the institution of T A)O !BA>ANSA+009.

u$ian married +ntonia and they had 2hi$dren' +fter +ntoniaBs death, u$ianmarried Mi$a%ros and they had7 hi$dren' + ompromise a%reement asentered herein it as to !e oned inommon !y u$ian and his 2 hi$dren fromthe 1st marria%e' he 3 of them e/euteda eed of +ssi%nment of +ssets and=ia!i$ities in fa.or of = +%ro' +upp$ementa$ eed as $ater e/eutedtransferrin% onership o.er the $otin fa.or of = +%ro' Meanhi$e, Mi$a%rosand her hi$dren too possession o.er thesu!et $ot' a$ansa% a$so !ou%ht the said$ot from Mi$a%ros'

-t is premature if not irre$e.ant to spea of preterition prior to the death of on u$ian in thea!sene of a i$$ depri.in% a $e%a$ heir of his $e%itime' esides, there are other propertieshih the heirs from the seond marria%e ou$d inherit from on u$ian upon his death' @ene,the tota$ omission from inheritane of on u$ian?s heirs from the seond marria%e, areuirement for preterition to e/ist, is hard$y ima%ina!$e as it is unfounded'

SEANIO !)EES

+$!erto ean%io fi$ed a petition for thesett$ement of the intestate estate ofthe $ate e%undo ean%io (his father) yien%, ar!ara, V ir%inia opposed thepetition ontendin%, amon% others, that

e%undo $eft a ho$o%raphi i$$disinheritin% +$fredo and that theintestate proeedin%s must automatia$$y!e suspended and rep$aed !ythe proeedin%s for the pro!ate of the i$$sine testate proeedin%stae preedene and enoy priority o.erintestate proeedin%s' +$fredo fi$ed amotion to dismiss the pro!ateproeedin%s ar%uin% that the i$$ is not ai$$ under +rt' 683 of the Ci.i$ Code sine

+ ho$o%raphi i$$ under +rt' 810 of the Ci.i$ Code must !e entire$y ritten, dated, and si%ned!y the hand of the testator himse$f (handritten)' -t is su!et to no other form, and may !emade in or out of the &hi$ippines, and need not !e itnessed' e%undoBs doument may seemto !e a mere disinheritane instrument !ut it atua$$y satisfies the reuirements of $a as to theforma$ities of a ho$o%raphi i$$'

@o$o%raphi i$$s, !ein% usua$$y prepared !y one ho is not $earned in $a, shou$d !eonstrued more $i!era$$y than the ones dran !y an e/pert, tain% into aount theirumstanes surroundin% the e/eution of the instrument and the intention of the testator'he doument as atua$$y intended !y e%undo to !e his $ast testamentary at and ase/euted !y him in aordane ith $a in the form of a ho$o%raphi i$$' he i$$ musttherefore !e pro!ated for the disinheritane (hih is a disposition of the property of e%undo,as said ear$ier) to !e %i.en effet' he pro!ate proeedin%s must therefore !e resumed andmust tae preedene o.er intestate proeedin%s as the $a fa.ors testay o.er intestay'


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21

it does not ontain any disposition of theestate of the deeased as it on$y shosan at of disinheritane'

Article :6IN

,74

Mr' and Mrs @od%es !oth made in theiri$$s pro.isions that upon their deaths,

their ho$e estates shou$d !e inherited !ythe sur.i.in% spouse and that spouseou$d mana%e and a$ienate the said$ands, ith the e/eption of the e/asproperty' 4pon death of the $atter spouse,the residue of the estate inherited !y the$ater spouse from the spouse hopredeeased him ou$d redound to the!rothers and sisters' Mrs' @od%es diedfirst then Mr' @od%es, !ut sine there asno $iuidation of Mrs' @od%esB estate, the!rothers and sisters of Mrs' @od%esanted to determine the e/tent of her

estate that they ou$d inherit'

+rt' 8*3 of the >e Ci.i$ Code $ear$y states that a fideiommissary su!stitution !y .irtue ofhih the fiduiary or first heir instituted is entrusted ith the o!$i%ation to preser.e and to

transmit to a seond heir the ho$e or part of the inheritane, sha$$ !e .a$id and sha$$ taeeffet, pro.ided suh su!stitution does not %o !eyond one de%ree from the heir ori%ina$$yinstituted, and pro.ided further, that the fiduiary or first heir and the seond heir are $i.in% atthe time of the death of the testator' -n this ase, Char$es as ne.er o!$i%ated to reser.e andto transmit to a seond heir the ho$e or part of the inheritane'

alacios s)aire#

,:

ose Eu%enio


22/42



22

and Ha.ino, a$$ surnamed O+K4->'

ou%ht to !e de$ared nu$$ and .oid a!initio are ertain deeds of sa$e of rea$property e/euted !y defendant parents=eonardo oauin and Fe$iiana =andrito

in fa.or of their o;defendant hi$dren andthe orrespondin% ertifiates of tit$eissued in their names'

efendants a.er that p$aintiffs do notha.e a ause of ation a%ainst them ase$$ as the reuisite standin% and interestto assai$ their tit$es o.er the properties'

positi.e$y resu$t to them from the ontrat e.en thou%h they did not inter.ene in it (-!a"e# .'@on%on% V han%hai an, 22 &hi$' 562 R1912S)

&etitioners do not ha.e any $e%a$ interest o.er the properties su!et of the eeds of a$e' +sthe appe$$ate ourt stated, petitionersB ri%ht to their parentsB properties is mere$y inhoate and.ests on$y upon their parentsB death' Ahi$e sti$$ $i.in%, the parents of petitioners are free to

dispose of their properties' -n their o.er#ea$ousness to safe%uard their future $e%itime,petitioners for%et that theoretia$$y, the sa$e of the $ots to their si!$in%s does not affet the .a$ueof their parentsB estate' Ahi$e the sa$e of the $ots redued the estate, ash of eui.a$ent .a$uerep$aed the $ots taen from the estate'

1anon8son8 !Estio(2003)

&etitioners anhor their ation for partitionon the $aim that Manon%son% is a o;oner or o;heir of the &roperty !yinheritane, more speifia$$y, as the heirof her father, iente =ope#' &etitioners$ieise a$$e%e that the &roperty ori%ina$$y!e$on%ed to Hue.arra, and that iente=ope# inherited from Hue.arra a 15interest in the &roperty' @oe.er, theumauio sisters ontended that ustina>a.arro (>a.arroD), supposed$y themother of Hue.arra, so$d the &roperty toHue.arraBs dau%hter Enriueta =ope#umauio' thus petitioner did not !eomeo;oner of the $and'


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23

(ido or idoer) is a ompu$sory heir' -t does not app$y to the estate of a parent;in;$a

Barit$a s! CA(2012)

he triy$e then !ein% dri.en !yien.enido >aario fi%ured in an aidentith us oned and operated !ypetitioner ose aritua'u!seuent$y, &hi$ippine First -nsurane

Company(insurer) and us ompanyentered into an e/tra;udiia$ sett$ementith +$iia (ien.inidoBs ido)' -nonsideration of 18,000 she reei.ed,+$iia e/euted on a os' 1 and 2'>either do they e/$ude one another'''B

2Article :9' !n default of legitimate childrenand desendants of the deeased, his parentsand asendants sha$$ inherit from him, to the e/$usion of o$$atera$ re$ati.es'D

+s it has !een esta!$ished that ien.enido as married to +$iia and that they !e%ot a hi$d,the respondents (parents) are not suessors;in;interest of ien.enido they are notompu$sory heirs' he petitioners therefore ated orret$y in sett$in% their o!$i%ation ith +$iiaas the ido of ien.enido and as the natura$ %uardian of their $one hi$d' his is so e.en if+$iia had !een estran%ed from ien.enido' Mere estran%ement is not a $e%a$ %round for thedisua$ifiation of a sur.i.in% spouse as an heir of the deeased spouse'>either ou$d the respondents, as a$$e%ed reditors of ien.enido, see re$ief andompensation from the petitioners' Ahi$e it may !e true that the pri.ate respondents $oaned toien.enido the purhase prie of the dama%ed triy$e and shou$dered the e/penses for hisfunera$, the said purhase prie and e/penses are !ut money $aims a%ainst the estate of theirdeeased son'

Article :,ED)OSO !SAB>AN

(1913)

he fats are as fo$$os: Mare$inainherited the $ands from her desendant&edro, ho inherited them from hisasendant itoriano, ho had inheritedthem from his asendants, Marianoa!$an and Maria


24/42



24

in their fa.or'he re$ati.es ithin the 3 rd de%ree in turn ha.e an e/petation to the property hi$e theasendant $i.es' +fter the person ho is reuired !y $a to reser.e the ri%ht has died, there$ati.es may resind the a$ienation of the rea$ property reuired !y $a to !e reser.ed andthey i$$ omp$ete onership in fee simp$e !eause the ondition and the usufrut ha.e !eenterminated !y the death of the person reuired to reser.e the property'

SIENES !ESA)CIA

(19*1)

aturnino aeso had 7 hi$dren (+%aton,Fernando, &au$ina, and Cipriana) ith hisfirst ife eresa


25/42



25

issue)' Ahen &atriia died, ose marriedConso$aion de $a orre and had onehi$d, uanito' ose died and in hisintestate proeedin%s, -%naio, =oren#o,uanito and Conso$aion ere de$aredhis heirs and adudiated his properties

su!et to the payment of interests andosts resu$tin% from suh proeedin%'uanito died ithout issue and his motherConso$aion sueeded tohh his share inoseBs estate' Conso$aion died and so-%naio and =oren#o are $aimin%uanitoBs share throu%h reser.a trona$'he $oer ourt ru$ed that there is noreser.a trona$ sine the property did notpass to uanito !y %ratuitous tit$e as hehad to pay interests and osts of the suit'

!e made %ratuitous$y, or !y an at of mere $i!era$ity of the person main% it, ithout imposin%any o!$i%ation on the part of the reipient and that the person reei.in% the property %i.es ordoes nothin% in return or, as a!$y put !y an eminent Fi$ipino ommentator, the essentia$ thin%is that the person ho transmits it does so %ratuitous$y, from pure %enerosity, ithout reuirin%from the transferee any prestation'-t is e.ident from the reord that the transmission of the property in uestion to uanito Frias

Chua upon the death of his father ose Frias Chua as !y means of a hereditary suessionand therefore %ratuitous'

Florentino !Florentino

(1919)

Father died' @e !eueathed his estate toa$$ his hi$dren of !oth marria%es'Chi$d of 2nd marria%e died' @is motherinherited the estate'Mother su!seuent$y died' Ai$ $!eueathed to her dau%hter the entireestate'Chi$dren of the first marria%e uestion thetransmission of these properties sinethese are reser.ed and thus they ha.e ashare o.er the fruits of the same'

ro(ert3 is resera"le &ence c&ildren o% t&e %irst arria8e are entitled to t&e %r$itst&ereo%!


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26

Caac&o $e%itimate re$ati.es, p$aintiffs !ein% auntand un$es of the respondent' Camahoinherited her property from her motherrinidad, a desendant of i#on, firstde%ree ousin of defendants'

under the $a of intestate suession a desendantBs un$es and aunts may not sueed a!intestate so $on% as nephes and niees of the deedent sur.i.e and are i$$in% and ua$ifiedto inherit' he ru$e on pro/imity app$ies' (he re$ati.es in the diret asendin% sha$$ e/$udere$ati.es in the o$$atera$ $ine')

Soliio ! CA Este!an a.e$$ana r', the eminent

no.e$ist, inherited ertain properties($ands, a house, et') from his mothera$ustia o$i.io .da' de a.e$$ana, thetit$es of hih ere transferred toEste!anBs name' Este!anBs mother has aha$f;sister from the seond marria%e ofhis materna$ %randfather, Ce$edoniao$i.io, hi$e Este!anBs father has asister named Conordia a.e$$anai$$anue.a' @e died ithout any spouseor hi$dren' o ees after his funera$,his to aunts Ce$edonia (materna$) andConordia (paterna$) a%reed to honorEste!anBs ish !efore he died to p$aehis estate in a foundation to !e namedafter his mother, from hom hisproperties ame, for the purpose ofhe$pin% indi%ent students in theirshoo$in%' Ce$edonia a%reed to arry outthe p$an of Este!an, fi$ed for pro!ateproeedin%s, as de$ared the so$e heir,and thereafter, set;up the foundationa$ustia o$i.io .da' de a.e$$anaMemoria$ FoundationD and p$aed a$$ ofthe properties in Este!anBs estate in it'Conordia, hoe.er, assai$edCe$edoniaBs ations after more than a

year and fi$ed in a separate !ranh of theourt a i.i$ ation for reon.eyane ofonership, possession, and dama%esa$$e%in% that she is a o;heir and thathi$e she did a%ree to set;up thefoundation and put the money in it, sheon$y a%reed to put ha$f of her inheritanein it' For her defense, Ce$edonia statedthat she is the so$e heir !eause theproperties of the estate had ome fromher sister, a$ustia o$i.io, that she is thatshe is the deedent?s nearest re$ati.e on

he estate of Este!an is not su!et to reserve troncaland it does not pertain to Ce$edonia

on$y as his on$y re$ati.e ithin the third de%ree on his motherBs side' he persons in.o$.ed inreser.a trona$ are:

1' he person o!$i%ed to reser.e is the reser.or (reser.ista)Pthe asendant ho inherits !yoperation of $a property from his desendants'2' he persons for hom the property is reser.ed are the reser.ees (reser.atarios)Pre$ati.esithin the third de%ree ounted from the desendant (propositus), and !e$on%in% to the $inefrom hih the property ame'3' he propositusPthe desendant ho reei.ed !y %ratuitous tit$e and died ithout issue,main% his other asendant inherit !y operation of $a' (p' *92, Ci.i$ =a !y &adi$$a, o$' --,195* Ed')

C$ear$y, the property of Este!an is not reser.a!$e property, for Este!an as not an asendant,!ut the desendant of his mother, a$ustia o$i.io, from hom he inherited the properties inuestion' herefore, he did not ho$d his inheritane su!et to a reser.ation in fa.or of his aunt,Ce$edonia o$i.io, ho is his re$ati.e ithin the third de%ree on his mother?s side' he reservatroncal app$ies to properties inherited !y an asendant from a desendant ho inherited it fromanother asendant or 9 !rother or sister' -t does not app$y to property inherited !y adesendant from his asendant, the re.erse of the situation o.ered !y +rti$e 891' ine thedeeased, Este!an a.e$$ana, r', died ithout desendants, asendants, i$$e%itimate hi$dren,sur.i.in% spouse, !rothers, sisters, nephes or niees, hat shou$d app$y in the distri!ution ofhis estate are +rti$es 1003 and 1009 of the Ci.i$ Code' herefore, o$$atera$ re$ati.es sha$$sueed to the estate ithout distintion of $ines or preferene amon% them !y reason ofre$ationship !y the ho$e !$ood' ine !oth are re$ati.es of Este!an ithin the third de%ree inthe o$$atera$ $ine, eah sha$$ sueed to his estate ithout distintion and is entit$ed to one;ha$f(12) share and share a$ie of the estate'


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his mother?s side, and ith her as so$eheir, the disposition of the properties ofthe estate to fund the foundation ou$d!e fai$itated' he tria$ ourt ru$ed infa.our of Conordia' Ce$edonia appea$ed!ut the C+ affirmed the deision of the

tria$ ourt'S$a3a s! IAC(1993)

the re%istration of the affida.it of se$f;adudiation operated as an annotation to thetit$e to the properties E'2' AO> the purhasers an !e he$d as innoent purhasers in %ood faith' >O'

)U>IN1' -t as admitted that the ertifiates of tit$es o.erin% the properties in uestion sho thatthey ere free from any $iens and enum!ranes at the time of the sa$e' he fat remainshoe.er, that the affida.it of se$f;adudiation e/euted !y Consue$o statin% the soure of theproperties there!y shoin% the reser.a!$e nature thereof as re%istered ith the


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stated that the properties ere inheritedfrom O'

)U>INhe property Cata$ina disposed of more than 10 years !efore her death as not partof her hereditary estate, that is, the property and transmissi!$e ri%hts and o!$i%ations e/istin%at the time of the deedentBs death and those hih ha.e arued thereto sine the openin% ofsuession'D @ad she died intestate, on$y the property that remained in her estate at the time ofdeath ou$d ha.e de.o$.ed to her $e%a$ heirs'E.en if a$$ the transfers ere treated as donations, the ri%ht arisin% under ertainirumstanes to impu%n and ompe$ redutionre.oation of deedentBs %ifts inter .i.os doesnot inure to respondents, ho are not ompu$sory heirs' o thereBs no !asis for assumin%intention on her part to irum.ent the $a in .io$ation of respondentsB ri%ht to suession' -nfat no $e%itimes ou$d onei.a!$y !e impaired !y any transfer of her property durin% her $ife

time' (hey had no ids)

=i#conde ! CA,:

=auro as $eft as the so$e heir of his ife!ut he entered into an e/traudiia$sett$ement of his ifeBs estate ith


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ai.in% a$$ their $aims, ri%hts, onershipand partiipation as heirs in the saidproperties'


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ar%ued that the testator intended a$$ hisompu$sory heirs, petitioners and &=A>

+na e$ a$ Chan, $aimin% to !e anadopted hi$d of Franisa Mortera, adeeased sister of Maria opposes thepro!ate on the ff %rounds:

o Ai$$ not e/euted aordin% to

$a

+na has >O ri%ht to inter.ene in the proeedin%'

For a person to inter.ene in a pro!ate proeedin%, he must ha.e an interest in the estate, or inthe i$$, or in the property to !e affeted !y it either as e/eutor or $aimant' -nterested partyhas a$so !een defined as one ho ou$d !e !enefited !y the state $ie a reditor' he interestmust !e materia$ and diret, not mere$y indiret and ontin%ent' 4nder the terms of the i$$,


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o estatri/ as physia$$y and

menta$$y inapa!$e to e/eutethe i $$ at the t ime of itse/eution'

o Ai$$ as e/euted ith undue

duress, threat, or fear

+na has no ri%ht to inter.ene !eause she has no interest in the estate either as an heir ore/eutor, nor does she ha.e any $aim to any property affeted !y the i$$' here is nopro.ision desi%natin% her any portion of the estate'

SASON =! CA +dopted hi$dren fi$ed their on omp$aintfor the aountin% and partition of theintestate estate of the parents of theiradopti.e parents' hey $aim that theyere entit$ed to inherit eodoro?s share inhis parents? estate !y ri%ht ofrepresentation'

+dopted hi$dren do not ha.e a ri%ht of representation, on$y $e%itimate !io$o%ia$ hi$dren ha.ethe ri%ht'

he $e%itimate dau%hter, ori!e$, has a ri%ht to represent her deeased father in thedistri!ution of the intestate estate of her %randparents' -n the ase of e$ia and Edmundo (hoere adopted), their %randparents are onsidered tota$ stran%ers' Ahi$e it is true that theadopted hi$d sha$$ !e deemed to !e a $e%itimate hi$d and ha.e the same ri%ht as the $atter,these ri%hts do not in$ude the ri%ht of representation' he re$ationship reated !y the adoptionis !eteen on$y the adoptin% parents and the adopted hi$d and does not e/tend to the !$oodre$ati.es of either party'

Article :,-:AUI))E ! CA

(2007)

=eoadio oned a pare$ of $and' Ahenhe died, his son i/to administered the

property' 4pon i/toBs death, his o;heirsfound out that he so$d portions of theproperty, representin% himse$f to !e theon$y heir of =eoadio' hus they sou%htfor reon.eyane and partition'

he sa$e is .a$id on$y insofar as the share of i/to in the o;onership is onerned'

-f a o;oner se$$s the ho$e property as his, the sa$e i$$ affet on$y his on share !ut notthose of the other o;oners ho did not onsent to the sa$e' ine a o;oner is entit$ed tose$$ his undi.ided share, a sa$e of the entire property !y one o;oner ithout the onsent ofthe other o;oners is not nu$$ and .oid on$y the ri%hts of the o;onerse$$er are transferred,there!y main% the !uyer a o;oner of the property'

&ursuant to the o$d Ci.i$ Code, a$$ 8 heirs shou$d share eua$$y in the su!et property' -n thepartition of the said property, t&e res(ectie &eirs o% t&e no' deceased c&ildren o%>eocadio in&erit "3 'a3 o% re(resentation t&e res(ectie s&ares o% t&eir res(ectie(arents!

Article CO)US !CO)US

(1968)

eodoro an%o died intestate'&etitioner, the son of an%oBs ha$f sister

(uanita), fi$ed an ation to reo.er hersupposed share in the an%o intestateestate'

uanita is not a $e%a$ heir of eodoro an%o'

an%o as an i$$e%itimate hi$d, and ose Corpus, father of uanita, as a $e%itimate hi$d'herefore, uanita is not a $e%a$ heir of eodoro an%o'he ru$e in arti$e 973 is no found inarti$e 992 of the Ci.i$ Code hih pro.ides that an i$$e%itimate hi$d has no ri%ht to inherit abintestato from the $e%itimate hi$dren and re$ati.es of his father or mother nor sha$$ suhhi$dren or re$ati.es inherit in the same manner from the i$$e%itimate hi$d'

he ru$e is !ased on the theory that the i$$e%itimate hi$d is dis%raefu$$y $ooed upon !y the$e%itimate fami$y hi$e the $e%itimate fami$y is, in turn, hated !y the i$$e%itimate hi$d' he $adoes not reo%ni#e the !$ood tie and sees to a.oid further %rounds of resentment'

>EONA)DO s!CA

Franisa


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(1983) %randson, otero =eonardo, the son ofher dau%hter, &asua$a Cai$$es hopredeeased her' otero =eonardo diedin 1977, hi$e i$.estra Cai$$es died in1979 ithout any issue'Creseniano =eonardo, $aimin% to !e the

son of the $ate otero =eonardo, fi$ed aomp$aint for onership of properties,sum of money and aountin%'Maria Cai$$es asserted e/$usi.eonership o.er the su!et properties anda$$e%ed that Creseniano is an i$$e%itimatehi$d ho annot sueed !y ri%ht ofrepresentation' ames raee$$,$aimed that said properties are no his!y .irtue of a .a$id and $e%a$ deed of sa$ehih Maria Cai$$es had su!seuent$ye/euted in his fa.or' hese propertiesere a$$e%ed$y mort%a%ed to respondente Ci.i$ Code pro.ides a !arrier in that it prohi!its a!so$ute$y suession a!intestatio !eteen the i$$e%itimate hi$d and the $e%itimate hi$dren and re$ati.es of the father ormother of said $e%itimate hi$d' heir father is a $e%itimate hi$d of their %randma (from homthey see to inherit), er%o +rti$e 990 .is;X;.is +rt 989 does not app$y to this ase !ut +rt' 992therefore the !astards annot represent their father, a $e%itimate hi$d, in inheritin% from their%randma, !y fore of +rt' 992'

DIA s! IAC

(1990)

M< of 1986 ia# .s' -+C he ri%ht of representation is not a.ai$a!$e to i$ $e%it imate desendants of legitimatehi$dren inthe inheritane of a $e%itimate %randparent'

+rti$es 902, 989, and 990 $ear$y spea of suessiona$ ri%hts ofillegitimate hi$dren, hihri%hts are transmitted to their desendants upon their death' he desendants (of thesei$$e%itimate hi$dren) ho may inherit !y .irtue of the ri%ht of representation may !e $e%itimateor i$$e%itimate' -n hate.er manner, one shou$d not o.er$oo the fat that the persons to !e


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represented are themse$.esillegitimate. he three named pro.isions are .ery $ear on thismatter' -t may !e ar%ued, as done !y petitioners, that the i$$e%itimate desendant of a$e%itimate hi$d is entit$ed to represent !y .irtue of the pro.isions of +rti$e 982, hih pro.idesthat the %randhi$dren and other desendants sha$$ inherit !y ri%ht of representation' uh aon$usion is erroneous' -t ou$d a$$o intestate suession !y an i$$e%itimate hi$d to the$e%itimate parent of his father or mother, a situation hih ou$d set at nau%ht the pro.isions of

+rti$e 992' +rti$e 982 is inapp$ia!$e to instant ase !eause +rti$e 992 prohi!its a!so$ute$y asuession ab intestato!eteen the i$$e%itimate hi$d and the $e%itimate hi$dren and re$ati.esof the father or mother' -t may not !e amiss to state that +rti$e 982 is the %enera$ ru$e and+rti$e 992 the e/eption'

1ANUE> !FE))E)

(1995) Y itu%, '

he petitioners are $e%itimate hi$dren of+ntonio Manue$' +ntonio had ani$$e%itimate hi$d, uan, ho auiredthree pare$s of $and' uan and his ifedidnBt ha.e hi$dren !ut too are ofModesta Manue$;a$ta#ar as if she eretheir on dau%hter' Ahen uan(intestate) and his ife died, Modestae/euted an +ffida.it of e$f;+dudiationand had the tit$e to the properties

transferred in her name'

he petitioners ($e%itimate ha$f;si!$in%s ofuan) fi$ed a omp$aint !efore the enita'Emi$io - predeeased his parents'

-sa!e$a Couan%o ept her hi$dren fromthe %randparents' ut hen the%randmother died, one of them (-sa!e$a

Counse$ for petitioner metiu$ous$y ar%ues that +rti$e 992 of the Ci.i$ Code, the suessiona$!ar !eteen the $e%itimate and i$$e%itimate re$ati.es of a deedent, does not app$y in thisinstane here fats indu!ita!$y demonstrate the ontrary Z Emi$io ---, an i$$e%itimate%randhi$d of the deedent, as atua$$y treated !y the deedent and her hus!and as their onson, reared from infany, eduated and trained in their !usinesses, and e.entua$$y $e%a$$yadopted !y deedentBs hus!and, the ori%ina$ oppositor to respondentBs petition for $etters ofadministration'

Ae are not unmindfu$ of the ritiues of i.i$ists of a onf$it and a $auna in the $a onernin%the !one of ontention that is +rti$e 992 of the Ci.i$ Code, !e%innin% ith the eminent ustie''='


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34

Couan%o;untay), app$ied for theadministration of the properties $eft!ehind (!y the %randmother aa+%uina$doBs dau%hter)'

-t as opposed !y the sur.i.in% spouse,

Federio, ho had a$so $e%a$$y adoptedEmi$io --- and >enita' @e a$so nominatedEmi$io --- as the administrator of thedeeasedBs estate on his !eha$f'

Aho shou$d administer the propertyL heestran%ed $e%itimate %randdau%hter orthe i$$e%itimate %randson hom thedeeased reared herse$f' (C orderedoint +dministration)

-n the panish Ci.i$ Code of 1889 the ri%ht of representation as admitted on$y ithin the$e%itimate fami$y so muh so that +rti$e 973 of that Code presri!ed that an i$$e%itimate hi$dan not inherit a! intestato from the $e%itimate hi$dren and re$ati.es of his father and mother'he Ci.i$ Code of the &hi$ippines apparent$y adhered to this prinip$e sine it reprodued+rti$e 973 of the panish Code in its on +rt' 992, !ut ith fine inonsisteny, in su!seuent

arti$es (990, 995 and 998) our Code a$$os the hereditary portion of the i$$e%itimate hi$d topass to his on desendants, hether $e%itimate or i$$e%itimate' o that hi$e +rt' 992 pre.entsthe i$$e%itimate issue of a $e%itimate hi$d from representin% him in the intestate suession ofthe %randparent, the i$$e%itimates of an i$$e%itimate hi$d an no do so' his differene !ein%indefensi!$e and unarranted, in the future re.ision of the Ci.i$ Code e sha$$ ha.e to mae ahoie and deide either that the i$$e%itimate issue enoys in a$$ ases the ri%ht ofrepresentation, in hih ase +rt' 992 must !e suppressed or ontrariise maintain saidarti$e and modify +rti$es 995 and 998' he first so$ution ou$d !e more in aord ith anen$i%htened attitude .is;X;.is i$$e%itimate hi$dren'

Manresa e/p$ains the !asis for the ru$es on intestate suession:

he $a Rof intestayS is foundedG on the presumed i$$ of the deeasedG =o.e, it is said, firstdesends, then asends, and, fina$$y, spreads sideays' hus, the $a first a$$s the

desendants, then the asendants, and fina$$y the o$$atera$s, a$ays preferrin% those $oser inde%ree to those of remoter de%rees, on the assumption that the deeased ou$d ha.e done sohad he manifested his $ast i$$G =ast$y, in defau$t of anyone a$$ed to suession or !ound tothe deedent !y ties of !$ood or affetion, it is in aordane ith his presumed i$$ that hisproperty !e %i.en to harita!$e or eduationa$ institutions, and thus ontri!ute to the e$fare ofhumanity'

-ndeed, the fatua$ anteedents of this ase aurate$y ref$et the !asis of intestatesuession, i'e', $o.e first desends, for the deedent, Cristina, did not distin%uish !eteen her$e%itimate and i$$e%itimate %randhi$dren' >either did her hus!and, Federio, ho, in fat,$e%a$$y raised the status of Emi$io --- from an i$$e%itimate %randhi$d to that of a $e%itimate hi$d'he peu$iar irumstanes of this ase, painstain%$y pointed out !y ounse$ for petitioner,o.erthro the $e%a$ presumption in +rti$e 992 of the Ci.i$ Code that there e/ist animosity and

anta%onism !eteen $e%itimate and i$$e%itimate desendants of a deeased'

>onethe$ess, it must !e pointed out that udiia$ restraint impe$s us to refrain from main% afina$ de$aration of heirship and distri!utin% the presumpti.e shares of the parties in the estatesof Cristina and Federio, onsiderin% that the uestion on ho i$$ administer the properties ofthe $on% deeased oup$e has yet to !e sett$ed'

Article 6ESTATE OFED)OSANTI>>ON !E)FECTA

&edro anti$$on died ithout testament'@e as sur.i.ed !y his ife, &erfetaMiranda and one son, C$aro' Four yearsafter &edroBs death, C$aro fi$ed a petition

+rti$e 99* sti$$ app$ies'Art. --. !f a widow or widower and legitimate children or descendants are left" the

surviving spouse has in the succession the same share as that of each of the children. /801a2+rti$e 837 of the panish Ci.i$ Code from hih +rt' 99* as taen, ontained to


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1I)ANDA

+,69.

for $etters of administration hih asopposed !y his mother and spousesenito Miranda and ISTE)IO

+000.

eodorioCa$isterio as married toMarietta' @e is the seond hus!and of+rmas sine she as pre.ious$y marriedto ames ounds in 197*' amesdiappeared in 1976 and Marietta marriedeodorio 11 years af ter thedisappearane' -n 1992, eodorio diedintestate $ea.in% properties amountin% toa!out si/ hundred thousand pesos'

+ntonia +rmas, the sur.i.in% sister ofeodorio, fi$ed a petition to ha.e her sonde$ared as administrator of the estate ofeodorio, her !ein% the so$e sur.i.in%heir of eodorio !eause his marria%e toMarietta as !i%amous in nature'Marietta ontested this sayin% that hismarria%e ith eodorio is .a$id ha.in%ontrated it on$y 11 years after thedisappearane of the first hus!and'

he ourt ru$ed in the affirmati.e' he marria%e !eteen eodorio and Marietta too p$ae in1958' urin% said year it as the Ci.i$ Code hih as in fore and the pro.ision %o.ernin%their marria%e states that a su!seuent marria%e may .a$id$y !e ontrated so $on% as thespouse has !een a!sent for se.en onseuti.e years and it is ith %ood faith that the spouse$eft remarries' ine ames ounds has !een a!sent for 11 years !efore the marria%e!eteen eodorio and Marietta too p$ae, the marria%e must !e de$ared .a$id' -t as ay!eyond the se.en years presri!ed !y $a' + udiia$ de$aration as not yet deemedneessary at that time so $on% as the party in.o$.ed is a!$e to sho that they ha.e omp$iedith the neessary reuisites'

Article ,00:


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BICO1ON !A>1ANA

(1966)

Maura a%si (Maura) died intestateithout an issue' &$aintiffs are MauraBsniees and nephes of the ha$f;!$ood'efendants are the idoer of MauraBson$y fu$$;!$ooded sister Fe$ipa and theidoer of Fe$ipaBs on$y dau%hter'

&$aintiffs fi$ed a omp$aint for the reo.eryof their $afu$ shares in the properties $eft!y Maura onsistin% of 5 pare$s of $and'CF- found that Fe$ipa predeeased Maurathen de$ared the p$aintiffs to !e entit$edto 1027 share on the 5 pare$s of $and indispute'

he nephes and niees of the ha$f !$ood are entit$ed to inherit in MauraBs estate in their onri%ht'

-n the a!sene of defendants, asendants, i$$e%itimate hi$dren, or a sur.i.in% spouse, +rti$e1003 of the >e Ci.i$ Code pro.ides that o$$atera$ re$ati.es sha$$ sueed to the entire estateof the deeased' -t appearin% that Maura died intestate ithout an issue, and her hus!and and

a$$ her asendants had died ahead of her, she is sueeded !y the sur.i.in% o$$atera$re$ati.es, name$y the dau%hter of her sister of fu$$ !$ood and the 10 hi$dren of her !rother and2 sisters of ha$f !$ood in aordane ith the pro.ision of +rt' 965 of >CC'

+rt' 965 maes no ua$ifiation as to hether the nephes or niees are on the materna$ orpaterna$ $ine and ithout preferene as to hether their re$ationship to the deeased is !yho$e or ha$f !$ood, so MauraBs so$e niee of ho$e !$ood does not e/$ude the ten nephesand niees of ha$f !$ood' he on$y differene in their ri%ht of suession is pro.ided in +rt'1008, >CC in re$ation to +rti$e 100* of the >e Ci.i$ Code, hih pro.isions, in effet, entit$ethe so$e niee of fu$$ !$ood to a share dou!$e that of the nephes and niees of ha$f !$ood'

Article ,00BACAO !BO))O1EO

(19*5)

Me$odia Ferraris (Me$odia) $eft propertiesin Ce!u City, onsistin% of 13 share inthe estate of her deeased aunt, hihas adudiated to her' Me$odia $eft nosur.i.in% diret desendant, asendant,or spouse, !ut as sur.i.ed on$y !yo$$atera$ re$ati.es, name$y, an aunt (ha$f;sister of Me$odiaBs deeased father) andniees and nephe (hi$dren of Me$odia?son$y !rother of fu$$ !$ood ho pre;deeased her)' C ru$ed that the hi$drenof the on$y predeeased !rother of Maurae/$ude the aunt sine other o$$atera$re$ati.es are e/$uded !y !rothers orsisters or hi$dren of !rothers or sisters ofthe deedent in aordane ith arti$e

1009 of the >e Ci.i$ Code'

-n ase of intestay, nephes and niees of the de cu3us e/$ude a$$ other o$$atera$s (auntsand un$es, first ousins, et') from the suession' 4nder our $as of suession, adeedent?s un$es and aunts may not sueed ab intestatoso $on% as nephes and niees ofthe deedent sur.i.e and are i$$in% and ua$ified to sueed'

4nder arti$e 1009, the a!sene of !rothers, sisters, nephes and niees of the deedent is apreondition to the other o$$atera$s (un$es, ousins, et') !ein% a$$ed to the suession' he$ast of the re$ati.es of the deedent to sueed in intestate suession are the o$$atera$s otherthan brothers or sisters or children of brothers or sisters'

Article ,09A)ISH )IESTOF =ICTO)IA !)IO) +,7.

Father


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rie $ands, the same ere not de$i.ered tothat e$esiasti' he testate proeedin%remained pendin%'-n 1956 the parishpriest fi$ed a petition for the de$i.ery of therie $ands to the hurh as t rustee'

as en.isa%ed in the i$$, as $ieise inoperati.e' his ase is o.ered !y +rt 912(2) of the o$dCC, no +rt 9*0(2), hih pro.ides that $e%a$ suession taes piee hen the i$$ does notdispose of a$$ that !e$on%s to the testator' here !ein% no su!stitution or aretion as to thesaid rie $ands, it shou$d !e distri!uted amon% the testator?s $e%a$ heirs' he effet is as if thetestator had made no disposition as to the said rie $ands'

Article ,0EONIDAS +,:4.

+doraion as a iti#en and resident of4 !ut died in the Mani$a' + repro!ate ofher i$$ as a$$oed' @ermo%enes, herfather, ontended that he as depri.ed ofhis $e%itime as a resu$t of the repro!ate ofthe i$$'

he $a hih %o.erns +doraionBs i$$ is the $a of &ennsy$.ania, 4+, hih is the nationa$$a of the deedent' Ahi$e it ou$d seem that &hi$ippine $as ou$d mae the i$$ in.a$id!eause there seems to !e an omission of a ompu$sory heir, sti$$, the i$$ as onsidered to!e .a$id !eause it as measured in aordane ith $a of the 4 herein no $e%itimes arereo%ni#ed' -f there are no $e%itmes, there ou$d !e no ase of preterition' he i$$ in this aseis .a$id'

Article ,04

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