WILLS & SUCCESSION NOTES (DEAN ABELLA) ISTART OF LECTURE 3] UNE) DISPOSITIONS WITH A TERM PeaeNe ‘conditionally, or for a certain purpose or cause. [SUMMARY OF PREVIOUS LECTURE: When a person makes a will, he institutes heirs. And a testator should Institute his compulsory heirs in the direct line. If he ‘would fail to do so there will be what we call preterition and it annuls the institution of heirs. But the devises which do not ‘impair the legitimes of the compulsory heirs shall stil be given. ‘Now, im instituting heirs, the testator, aside from compulsory heirs, may instinute other persons who are not disqualified by law from giving or receiving donations inter vivos. @: So who are those persons disqualified by law to make donations inter vivos? & 1, Those guilty of adultery or concubinage at the time of donation; 2 Those convicted of the same offense thereof; and 3. Public officials by reason of their office. consideration NOTE: These persons are also disqualified from making or receiving donations mortis causa. The prohibition from making donations inter vivos are also applicable to donations mortis ‘Okay ngayon, in instituting what we call voluntary heirs, ito yung ‘mga tinatawag nating legatees or devisees. Yung mga voluntary heirs could include compulsory heirs. EXAMPLE: Halimbawa ikaw, dalawa kayong magkapatid kaya lang ikaw ang mas love ng father mo, so paggawa ng testament ng father mo, dapat yung Is among kapatid kasama dun sa testament, kasi kung wala, preterition. So dapat kayong dalawa pamamanahan. Sa aggava ng testament, the father may give your brother or sister ‘more than what he is giving you. You have no right to complain basta kumpleto ang iyong legitime. GR: Yung disposable free portion, bahala ng iblgay kahit ‘kanino. PROVIDED: Hindi dapat mabawasan ang legitime alyo. XPN {n the case of Illegitimate children where when what is left of the free portion will not be enough to sétisfy ther legtime, it will be divided equally among ther although reduced, GR: Legitimes shall not be burdened. + Kapag ang nai-pamana sayo © yung supposed legitime ‘mo, dapat diyan = burden,free. XPN: Kapag ang pamana sayo would be coming from the disposable free portion, that is not legitime. Then that could be burdened. Pwedeng magkaroon ng Imposition basta yang pamana ay hindi supposed legitime. + Kung meron pinapamana sayo on top of your legitime, yung karagdagan, yung sobra na legitime mo, woud be subject to burdens, Article 871. The institution of an heir may be made | BURDENS may either be: 1. Conditions 2. Orother impositions EXAMPLE: Alright, halimbawa in my will I can say: “I leave to Pedro P1OM provided that he puts up a clinic for the treatment of persons. with leprosy. Hind! burden yun. That's valid. ‘Article 872. The testator cannot Impose any charge, condition, or substitution whatsoever upon the legitimes prescribed in this Code. Should he do so, the same shall be considered as not imposed. Article 873, Impossible conditions and those contrary to 1aw or good customs shall be considered as not imposed and shall in no manner prejudice the heir, even if the testator should otherwise provide. Meaning of condition as not imposed: ‘nnd mo na kinakallangang i-comply ang condition para ‘makamanaka, Lalabas yun na unconditional, ‘nd the legatee or devise can receive the inheritance without the need to comply with the conditions. EXAMPLE Merong testator, pinamanahan si Pedro, yung house and lot across UST. Kaya lang nung binasang testament, sa next page ‘may nakalagay: “provided that Pedro marries Maria within 2 years after the probate ofthe will” Sabi ni Pedro: “ang swerte ko naman.” Sabihin mo, uy teka, may condition pa yan. Kinakailangang pakasalan mo si Maria sa loob ng dalawang taon after the probate of the wil, Okay. Ngayon, hanapin mo si Maria. And within two years, pakasalan mo. Si Pedro naman, very much interested with the ‘inheritance, hinanap si Maria. Aba nakita yung probinsya ni Maria. Tapos nagkita sila, Sabi nia: “oh Mary, may pamana ako house ang lot sa tapat ng UST. Yung gustong gusto ko na kinukwento ko sayo, pinamana sakin. Kaya lang may condition Dapat pakasalan daw kita within 2 years. Sabi ni Maria: “Gusto sana kitang pakasalan kaya lang may asawa kana. D bale, mag antay mun ako 2 years naman e, Ikaw na ang bahala ah.” Eh lumagpasang 2-years, hindi namatay ang asawa ni Maria. Hindi siya pwedeng pakasalan ni Pedro. Q; Will Pedro receive the inheritance? \: YES. Kas! Impossible condition, Hindi mo pwedeng pakasalan ‘yung may asawa, Kaya "deemed not imposed.” EXAMPLE: Neayon ito naman, yang napangasaiva mo very possesive, kaya ayaw niyang mag asawa lapag namatay na siya. Gumawa ng testament, nllagay dun “I leave to my beloved husband PSOM, provided that he wil never remarry after my death. Ob namatay Si testator. Will passed probate. Sa lungkot mo, nagka girlfriend va. Sa lungkot, nag asawa ka kaagad. (Q May matatanggap ka bang mana?‘A: MERON! Yung legitime. Pero yung PSOM, hindi. Kaya kung ang Jegitime mo, kunyare PSK, may PSK ka, Pero wala kang PS0M. ‘Article 874, An absolute condition not to contract a first oF Subsequent marriage shall be considered as not written unless such condition has been Imposed on the widow or widower by the deceased spouse, or by the latter's ascendants or descendants. | Nevertheless, the right of usufruct, or an allowance or some | personal prestation may be devised or bequeathed to any Person for the time during which he or she should remain unmarried or in widowhood. NOTES FOR ART. 874, part: 1, the law provides that an absolute prohibition, natto contract a first or second marriage shall be valid if imposed by 2 ‘spouse, his or her ascendant or descendant. 2. Hind! lang pala ang asawa mo ang pwedeng mag impose ng absolute prohibition to contract a subsequent marriage ~ pati_yung biyenan mo mismo pwede mag-impose ng condition. EXAMPLE: Kunyare yung napangasawa mo biuda, may anak sa iba. So napangasawa mo, super love ka, napaka-possessive pa, kaya nung gumawa ng testaemt na pinamamanahan ka KAYA LANG may condition for you not to contract a subsequent marriage. Yung anak niya, na hindi mo naman anak, gumawa din ng testatemt na plnamamanahan ka rin. Kaya lang meron nanamang condition that you don’t contracta subsequent marriage. ‘Meaning of ABSOLUTE PROHIBITION: + Kung iba ang gumawa ng prohibition - itis ABSOLUTE, Itis not valid [tis deemed not imposed, BKAMPLE: Kunyari lang, yung sister nang napangasawa mo gumawa ng testament pinamamanahan ka, kaya lang merong absolute prohibition for you to contract a subsequent marriage. Pagganon, hindiyun imposed, lalabas yun walang condition. ANOTHER EXAMPLE: Halibawa nakalagay sa testament ng sister in law mi “plnamamanahan ko si bayaw, P1OM, basta hindi siya mag. ‘aasawa before he turns 80 years od, Q:Pwedeba yun? ‘A: YES. Kas! hindi naman absolute prohibition. Mag-aantay ka nga lang, Pagabot mo ng 80, pwede na, e di mag-asawa ka, NOTES FOR ART. 874, par.2: @ What isa usutruct? A: It is the enjoyment by one person of the fruits of another person's property. Its the owner of the property who is entitled tw the fruits over the property. Kiya lang pag merong usufruct, there is another person to receive the fruits of the property, known as the usufructuary. ‘Two parties are involved ina usufruct: 1. Owner; 2 Usufructuary. URE Breve io ou A 0 Este} Q; And how is the usufruct created here in this article? ‘A: Well the Civil Code says created by law. Kaya lang yung nag lisang usufruct created by law, anak. With the effectivity of the family code, kas dito sa civil code, yung law on persons book I, nakalagay diyan pag ang may ari ng property minor pa, kanya ‘yung property but the frults shall be enjoyed by his parents. Kaya Jang sa Family Code, tinggal yung ganyan. ‘Ang nakalagay sa Family Code ngayon, yung minor na may al ng property, kanya parn ang fults-Yung parents mo, no longer have the right to enjoy the fruits of your property. Except IF the fruits willbe used forthe support ofthe family, so kasama na yung mga apatid mo. Okay? KINDS OF FRUITS Natural Fruits ‘Those produced naturally without natural foods. Industrial Fruits ‘Those produced with intervention of man. (Eg. poultry plegery) Civil Fruits Fruits that are compensation for the use of another person's property (Eg interest kapag nagpautang, nagpepaupa ng bahay) Civil fruits accrue daily AND another one not included in the Civil Code article pertaining to fruits: Dividends ‘These are one's shares in the earnings in the corporation for which you are a stockholder. (They are not considered civil fruits) ‘Article 875, Any disposition made upon the condition that ‘the heir shall make some provision in his will in favor of the testator or of any other person shall be void. NOTE: Pagpinapamanahan kita, Kaya Jang dapat gumawa ka ng testament na papamanahan mo din ako o yung aldng anake That is VOD. | Article 876. Any purely potestative condition imposed upon ‘an helr must be fulfilled by him as soon as he learns of the testator’s death. (@ What isa potestative condition? ‘A: Condition the fulfillment of which depends only on the will of the debtor. EXAMPLE: Pinamamanahan ko si Pedro ng10M provided he studies law and passes the bar exam, ‘Unknown to you si Pedro pala nagaaral na law and pumasa sa bar exam. So ngayon, nung namatay si testator, pasado na sa probate, ung taw yung pinamanahan. Q Dapat ba magaral ka ullt?indi na. This is provided by the provision in case the Condition imposed cannot be complied with again. ‘Article 877, If the condition Is casual or mixed, Ie shall be sufficient if it happen or be fulfilled at any time before or after the death of the testator, unless he has provided otherwise. ‘Should It have existed or should it have been fulfilled at ‘the time the will was executed and the testator was ‘unaware thereof, it shall be deemed as complied with. If he had knowledge thereof, the condition shall be ‘considered fulfilled only when it is of such a nature that it ‘can no longer exist or be complied with again. | Article 878. disposition with a suspensive term does not | prevent the instituted heir from acquiring his rights and ‘transmitting them to his heirs even before the arrival of the term. Q: What isa suspensive term? AzA term which will surely arrive, EXAMPLE: Christmas 2020 ESE cass ous y ety) “Article 880. Ifthe heir be instituted under a suspensive condition or term, the estate shall be placed under administration until the condition is fulfilled, or until it becomes certain that it cannot be fulfilled, or until the arrival ofthe term. ‘The same shall be done ifthe heir does not give the security required in the preceding article. EXAMPLE: Nakalagay sa testament: ‘hindi ko ibibigay sayo ang pamana ‘hanggang mag Christmas 2050, Q: To whom will the Inheritance go? ‘A: The property subject for inheritance, before Christmas 2950 will be under administration OR the executor can ask for the property to be deposited to the bank on escrow until Christmas 2050. ‘Article 881. The appointment of the administrator of the estate mentioned in the preceding article, as well as the manner of the administration and the rights and | not do oF give that which has been prohibited by the | testator, and that in case of contravention he will return ‘whatever he may have received, together with Its frults and Interests. EXAMPLE: ‘Spouse made a testament stating that she Is giving her spouse P1OM as inheritance, provided that he shall never be married again. ‘That condition is VALID. EXAMPLE: “Huwag na huwag ka mag aasawa ull” That is the negative ‘condition. Q: Ifyou are the one who will inherit, when are you going to receive the inheritance? A: You can accept the inheritance automaticaly, but you are required to post a bond as security. Ifthe potestative condition imposed on the heir is negative or coniist of not doing or not alving anything, he should comply by giving a security that he will ‘not do or give on what is prohibited by the testator and in case of contravention, he should return what he has received together with its fruits and interests, ‘Condition Term obligations of the administrator shall be governed by the May or may nothappen ‘Will surely happen Rules of Court. ‘Administrator eautor — ‘Article 879. If the potestative condition imposed upon the ‘manager of the properties thatare | one who heir is negative, or consists in not doing or not giving | partof the estate {implements the | something, he shal comply by giving a security that he wil testament (while the property cannot still be given to the heirs because there isa Suspensive term/condition, or that there are things needed to be resolved inthe estate, he isthe one who ‘manages the property) NOTE: Hindi naman pagka-pasang pagkapasa ng testament sa probate, hindi naman agad agad makukuha ang pamana. Ang hahawak ‘muna nun, in the meantime ay ang administrator. Article 682. The statement of the object of the institution, or the application of the property left by the testator, or the charge imposed by him, shall not be considered as a condition unless Itappears that such was his Intention. ‘That which has been left in this manner may be claimed at once provided that the instituted heir or his heirs give security for compliance with the wishes of the testator and for the return of anything he or they may receive, together with its fruits and interests, fhe or they should disregard this obligation, Article 883.When without the fault of the heir, an institution referred to in the preceding article cannot take cffect in the exact manner stated by the testator, itshall be ‘complied with in a manner most analogous to and in conformity with his wishes.WILLS & SUCCESSION NOTES (DEAN ABELLA) [eens eee EA EE ‘Article 883. When without the fault of the heir, an institution referred to in the preceding article cannot take effect in the exact manner stated by the testator, Itshall be complied with Ina manner most analogous to and in conformity with his wishes, f the person interested in the condition should prevent its | fulfilment, without the fault of the heir, the condition shall | be deemed to have been complied with. Article 884. Conditions Imposed by the testator upon the heirs shall be governed by the rules established for ‘condiefonal obligations in all matters not provided for by this Section. Article 885. The designation of the day or time when the ‘effects of the institution of an heir shall commence or cease ‘shall be valid. 1m both cases, the legal heir shall be considered as called to the succession until the arrival of the period or its expiration. But in the first case he shall not enter into possession of the property until after having given sufficient security, with the intervention of the instituted heir. Pag gava ng testator ng testament, meron suspensive term, from ‘the moment the testator dies, the moment he pass probate, until distribution. The property to be inherited, dahil hindi pa umarating ang suspensive term, meanwhile, will be under ‘administration and the management ofthe administrator. ‘The designation of the day or time when the effects of the instcution ofan heir shall commence or cease shall be valid. Q When will the heir be entitled to the inheritance? ‘As go back to the earlier rule that the helr becomes entitled to ‘the inheritance at the moment of death. HOWEVER, maaring entitled kana, but you will be subject to the suspensive term/condition, Kaya hangga'thind! pa dumarating ‘yung term or nangyayari ang condition na yun, you will still not {get the inheritance. Antay Ika muna until you comply with the ‘condition or until the suspensive condition arrive. Sea ‘Article 886, Legitime is that part ofthe testator's property which he cannot dispose of because the law has reserved ifor certain heirs who are, therefore, called compulsory heirs, (806) ‘Article 887. The following are compulsory helrs: (2) Legitimate children and descendants, with respect to thelr legitimate parents and ascendants;, (2) In default ofthe foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants; (3) The widow or widower; (4) Acknowledged natural children, and natural childrén by legal ction; (5) Other ilegitimate children referred to in article 287. Compulsory heirs mentioned in Nos. 3, 4, and $ are not ‘excluded by those in Nos. 1 and 2; neither do they exclude ‘one another. Imall cases of legitimate children, their filiation must be duly proved, ‘The father or mother of llegitimate children ofthe three classes ‘mentioned, shall inherit from them in the manner and to the ‘extent established by this Code. COMPUTATION OF NET ESTATE: Married _with _conlugal/common assets and abilities and with exclusive assets and liabilities LEGEND * Gommon/Conjugal Assets (CA) + Conjugal/Common liabilities (CL) * Net Conjugal/Common Assets (NCA) Computation | 1. CA~CL=NCA Note: NCA will be divided equally between the husband and wife, Get the share of the deceased spouse, so that will be ¥% ‘of the NCA. 2. 4 share of the deceased spouse + Exclusive Assets = ‘TOTAL ASSETS 3, Total Assets- Exclusive Liabilities= NET ASSETS 4. Net Assets- Estate Tax =NET ESTATEPe eos t Oz) EgX and Y has a legitimate child. X, the husband, died. Sto yung ‘kanyang real estate, ¥ of it goes to the legitimate child. Ngayon ‘etong other half, free portion. The surviving spouse is entitled to 4% from that free portion. Etong natira na walang nakareserba ‘kahit kanino, yan yung disposable free portion, ‘Art 868. The legitime of legitimate children and descendants | consists of one-half ofthe hereditary estate of the father and | ofthe mother. | ‘The latter may freely dispose of the remaining half, subject to the rights of illegitimate children and of the surviving use as hereinafter provided. timate Child = ILLUSTRATION: Spouse Eg Dagdagan natin ng anak, Gawin nating tatlo. % pa din pero didivide sa tatlo. In another provision sabi the share ofthe spouse shall be equal tothe share of the legit children (Art. 892), ILLUSTRATION: ‘ARE (children)=1/6 exch (1/2 vide by 21/6) Surviving wus aso Dispose ree porfon(OPF}= 28 eG Surviving « §¢ ‘Article 889. The legitime of legitimate parents or ascendants consists of one-half ofthe hereditary estates of their children and descendants. ‘The children or descendants may freely dispose of the other half, subject tothe rights of illegitimate children and of the surviving spouse as hereinafter provided. ‘Art. 890. The legitime reserved for the legitimate parents shall be divided between them equally; if one of the parents should have died, the whole shall pass to the survivor. If the testator leaves neither father nor mother, but 1s survived by ascendants of equal degree of the paternal ‘and maternal lines, the legitime shall be divided equally between both lines. If the ascendants should be of different degrees, it shall pertain entirely to the ones nearest in degree ofelther line. ‘Art. 991. The ascendant who inherits from his descendant any property which the latter may have acquired by {gratuitous title from another ascendant, or a brother or | sister, is obliged to reserve such property as he may have | acquired by operation of law for the benefit of relatives ‘whe are within the third degree and who belong to the Litme trom which said came. LEGITIME OF LEGITIMATE PARENTS OR ASCENDANTS ‘The legitime of legitimate parents or ascendants consists of one~ half of the hereditary estates of their children and descendants. The children or descendants may freely dispose ofthe other hal. ‘This means that there's no legitimate child, Eg Husband, wife. Buhay si mother, father. Pagnamatay si husband, ang legitime ng magulang ¥% (hat st mother and father). Ung surviving spouse gets %, other % ‘becomes the DFP, ‘Kung wala yung father, kay mother yung buong kalahati Ngayon wala na rin si mother, lahat ng olo at fola buhay. Divide by line, side ng nanay maternal, side ng tatay paternal.IAusTRATION: Maternal yp Maternal «MM Mother oe > 2°14 ccch CMe, Mm, PF, Pm) ‘LEGITIME OF LEGITIMATE PARENTS OR ASCENDANTS WITH ‘SURVIVING SPOUSE Yon nga lang may nakalagay na Art. 893 na legitime of the surviving spouse. ILLUSTRATION: ‘Article 692. If only one legitimate child or descendant of the deceased survives, the widow or widower shall be centitied to one-fourth of the hereditary estate, In case of a | egal separation, the surviving spouse may inherit ifit was ‘the deceased who had given cause for the same. If there are two or more legitimate children oF descendants, the surviving spouse shall be entitled to a portion equal to the legitime of each of the legitimate children or descendants. {Im both cases, the legitime ofthe surviving spouse shall be taken from the portion that can be freely disposed of by ‘he testator. ‘LEGITIME_OF_AT_LEAST_ONE LEGITIMATE CHILD OR DESCENDANT WITH SURVIVING SPOUSE ‘Yang Article 892, ang buhay at least may Isang legitimate child or descendant, aya yung legitime ng surviving spouse, %. Yung half na ito, free portion. Kaya lang kahit na free portion ang tawag, dliyan, dun mo din kukunin yung legitime ng surviving spouse. Kaya sabl ko sa Inyo, yung matitira at wala nang pagbibigyan pa, ‘yan ang tinatavag nating disposable free portion. Kung gagawa kang testamento, pyrede mo ibigay sa kapitbahay o sa kaaway. CE ECZNEGst Yung kaaway mo bigyan mo ng secondhand car kasi masisira din ‘yun, Atleast nagshow ka ng goodwill ILLUSTRATION: LLEGITIME OF SPOUSE IN CASE OF LEGAL SEPARATION Yung second part ng 692, “in case of a legal separation. the surviving spouse may inherit if t was the deceased who had siven cause forthe same", parang wala sa lugar, Kaya lang similar ito dun sa provision ng Family Code, that in case of legal separation, yung offended remains a legal heir of the offender. Kaya lang yung offender shall he disqualified from Inheriting from the offended. NOTE: You need to qualify you answer depending on who is the offended and offender. | Relate this discussion | Article 63(4) of the Family Code. The decree of legal separation shall have the following effect: ‘The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Moreover, provisions in favor of the offending spouse made In the will of the innocent spouse shal he revoked by operation of law. Article 890(1), The legitime reserved for the legitimate parents shall be divided between them equally; Fone of the parents should have died, the whole shall pass to the survivor. ‘The legitime reserved for the legitimate parents shall be divided between them equally. ILLUSTRATION:‘SHOULD HAVE DIED Ngayon if one of the parents should have died the whole Ye shall pass to the survivor. Kaya kung nag-ilsa lang ang magulang, hhamatay na ang asawa mo at yung anak mo sumunod namatay, kkalahati sa ‘yo. ILLUSTRATION: QL) ‘Tip from Dean Abella: Know them by heart kasi dl ako mahiyang ‘mambagsak. Huwag mahihlyang magtanong, Ang finals ko buong libro, At ang finals ko mostly computation. Pwede ko itanong legitime or kung walang testamento, how shall the estate be slstributed, Although hind! mahirap yung intestacy, mas madall nga yun. ‘Article 096,Mlegitimate children who may survive with legitimate parents or ascendants of the deceased shall be entitled to one-fourth of the hereditary estate to be taken ‘Article 890(2). If the testator Teaves nelther father nor ‘mother, but is survived by ascendants of equal degree of the Paternal and maternal lines, the legitime shall be divided ‘equally between both lines. If the ascendants should be of different degrees, it shall pertain entirely to the ones nearest in dogree of either line. ILLUSTRATION: ‘Article 893.1 the testator eaves no legitimate descendants, but leaves legitimate ascendants, the surviving spouse shall have a right to one-fourth of the hereditary estate. ‘This fourth shall be taken from the free portion of the ‘Ascendants, ang patay lamang yung tatay, yung nanay buhay pa. Kaya kung sanay buhay at namatay si H, kanya ang buong ito. ‘Surviving spouse gets‘. from the portion atthe free disposal of the testator. LEGITIME_OF ILLEGITIMATE CHILD WITH LEGITIMATE PARENTS OF THE DECEASED ‘Walang legitimate child. Merong illegitimate. SH meron siyang sirlriend, Sa girlfriend nlya, meron siyang anak, si X. Ngayon, buhay pa yung tatay at nanay niya. Namatay si H. Pag ganyan, lagay mo muna sa magulang yan, kalahati. Ito kay Iather and mother, ILLUSTRATION: a '[o dopat obibo 7 Pag dahil may asawa, ang mangyar pag may illegitimat Ito kay X, %. Yung natitira, disposable free portion.CE Recess) Remies nus) ILLUSTRATION: Ngayon halimbawa, tatlo sila, XYZ. Ang mangyayari, paghahatian nila yang 4 na yan, divide it by 3. 0 XYZ. shall be entitied to %4, ILLUSTRATION: eR ae Cea ‘Art. 895, The legitime of each of the acknowledged natural ‘children and each of the natural children by legal fiction shall consist of one-half of the legitime of each of the legitimate children or descendants. ‘The Iegitime of an illegitimate child who is neither an acknowledged natural, nor a natural child by legal fiction, shall be equal In every case to four-fifths of the legitime of an acknowledged natural child. ‘The legitime of the illegitimate children shall be taken from the portion of the estate at the free disposal of the testator, provided that in no case shall the total logitime of such illegitimate children exceed that free portion, and that the time of the surviving spouse must first be Fully satisfied. NOTE: . > By Implication, the Family Code has amended the second paragraph. Wala na ngayon yung second paragraph of Art. 895, > Under the Family Code, Kapag legitimate child, % share of the legitimate child. ‘Article 176 of the Family Code. Wiegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity ‘with this Code, it illegi i fone: Except for this modification, al other provisions in the Civil Code governing successional rights shall remain in force. - the share of an legitimate child is halfof that ofthe legitimate child ILLUSTRATION: ‘NO_LEGITIMATE CHILD. BUT THERE ARE LEGITIMATE PARENTS _ OR ASCENDANTS TOGETHER WITH AN ILLEGITIMATE CHILD = Share of the illegitimate child is one- Fourth ILLUSTRATION: ‘At kung maramé sila, sampo sila, yung 1/4 na yun paghahatian pa nilang sampo yun, limitado sila don. WALANG LEGITIMATE PARENTS OR ASCENDANTS - okay lang TET Art. 894, If the testator leaves legitimate children, the surviving spouse shall be entitied to one-third of the hereditary estate of the deceased and the illegitimate children to another third. The remaining third shall be at the free disposal of the testator.Nove: > WALANG LEGITIMATE PARENTS OR ASCENDANTS: ‘PERO MAY SURVIVING SPOUSE ~ Iba naman ang hatian, Iba ang legitime. 41/3 for surviving spouse 1/3 forthe illegitimate children 1/3 disposable free portion ‘SURVIVING SPOUSE WITH ILLEGITIMATE CHILDREN BUTT ‘WITHOUT LEGITIMATE PARENTS OR ASCENDANTS ILLUSTRATION: EN CONCURRING WITH ILLEGETIMATE Cera ‘Art. 895. The legitime of each of the acknowledged natural children and each of the natural children by legal fiction shall consist of one-half of the logitime of each of the legitimate children or descendants, The Jegitime of an illegitimate child who is neither an acknowledged natural, nor a natural child by legal fiction, shall be equal in every case to four-fifths of the legitime of an acknowledged natural child. ‘The legitime of the illegitimate children shall be taken from the portion of the estate at the free disposal of the testator, provided that in no case shall the total legitime of such {legitimate children exceed that free portion, and that the legitime of the surviving spouse must first be fully satisfied. NOTE > Pag legitimate children, kalahati agad sa kanlla. Yung ‘other half, disposable free portion Q: Paano kapag walang legitimate children or walang asawa {solo parent) nor surviving spouse pero may illegitimate children? $a eghimate cid eikren ng yung oer ha gestae then the other hall dspesble ree poron NOTE. Wala ng distinction kung anong Klase yung pagka- illegitimate mo. Basta within the will, at ikaw na illegitimate lang ang buhay, one half na sayo mae IN NOTES (DEAN ABELLA) [ILLEGITIMATE CHILD/CHILDREN ONLY MLLUSTRATION: dist each cxye) (Q; Kaya lang paano kamg may legitimate child or children? ‘A: Wala ng magagawa ang illegitimate kung hindi magtiyaga $2 kalahati ng share ng isang legitimate child, ‘LEGITIMATE CHILD/CHILDREN WITH ILLEGITIMATE CHILD. ILLUSTRATION: (Q: Eh pano kung marami kayo tapos may surviving spouse? AA: Kung marami kayong illegitimate, limitado kayo hanggang %4 1g free portion kapag merong asawa. ‘LEGITIMATE CHILD/CHILDREN WITH SURVIVING SPOUSE ‘AND ILLEGITIMATE CHILDREN ILLUSTRATION:NOTE > Huwag babawasan ang legitime ng surviving spouse, ‘alaking gulo yun. Bawal galawin ngllegitimate children to. Kelangan sila makuntento kung ano yung matitira kapag ‘nablgyan na ang legitimate children at surviving spouse. eR eT PRN ‘Art 896. Wegitimate children who may survive with legitimate parents or ascendants of the deceased shall be ‘entitled to one-fourth of the hereditary estate to be taken {from the portion atthe free disposal of the testator, ILLUSTRATION: NOTE > Walang binanggit na kasabay na asawa. Kasi kapag may asawa ayun na, yung 1/3 share ang magaapply. OANA ‘Ar 897. When the widow or widower survives with legitimate children or descendants, and acknowledged natural children, or natural children by legal fiction, sch surviving spouse shall be entitled to a portion equal to the | legitime of each of the legitimate children which must be | taken from that part of the estate which the testator can freely dispose of. ae ONT Sincere ‘Art. 898, If the widow or widower survives with legitimate children or descendants, and with legitimate children other than acknowledged natural, or natural children by legal fiction, the share of the surviving spouse shall be the same as that provided in the preceding article ‘Articles 897 and 898 has been amended by the Farnlly Code with ‘regard to the distinctions of legitimate children. Wala na silang distinction. SRO NEE eRe eT ‘Art. 899, When the widow or widower survives with legitimate parents or ascendants and with illegitimate | children, such suryiving spouse shall be entitled to one- WILLS & SUCCESSION NOTES (DEAN ABELLA) elghth of the hereditary estate of the deceased whieh must be taken from the free portion, and the illegitimate children | shall be entitied to one-fourth of the estate which shall be | taken also from the disposable portion. The testator may | freely dispose of the remaining one-eighth of the estate. Se 899 May asawa, walang legitimate child. Tapos may legitimate parents and illegitimate child/children. Kalahati agad dun sa legitimate parents, di pwedeng bawasan van. Q Kaya lang kung may legitimate children ano ‘mangyayari? A ‘paras illegitimate children, 18 logitime ng surviving spouse 1/8 na matira, diosposable free portion. SURVIVING SPOUSE WITHOUT LEGITIMATE CHILD BUT WITH LEGITIMATE PARENTS AND ILLEGITIMATE CHILDREN ILLUSTRATION: ; : Hs cele eo Kung natitirang survivor, asawa, % sa kanya, The other halfis the disposable free portion. Yung disposable free portion yung pwede mong Ipamana sa kapit-bahay. If 900, and the only the survivor is the widow or widower, she or he will be entitled to the ‘4 estate ofthe deceased and the latter may freely dispose of the other half ‘What do you think the law prefers, marriage or live-in? 4: Live-in, Hind! lang halata, Reasons: > If you want te get married, you need to apply for a ‘marriage license. So the man and woman will have to go te the local civil registrar bringing document showing ‘that they were atleast 18 years old. Then they apply for ‘an application of marriage license. But the marriage license won't be issued instantly. May posting pa kasi yan. Also, you have to attend a seminar for family planning. Kung di kayo magpapakasal, then you can just live together. You don’t have to secure any birth certificate, or any other document showing that you are at least 18 years old. Hindi ka na maaabala,> Kapag nakapag live-in na kayo for at least 5 years and there is no legal impediment to marry each other and yyou have decided to marry, hindi niyo na kailangan ng marriage license. All you have to execute Is an affidavit of cohabitation Punta nalang sa notario para ‘mapirmahan, After all,hindl naman crime yun, > Kung mag aasawa kayo kinakailangan bago kayo tkasal ‘meron kayong marriage settlement. Kung wala, absolute community of property _(FamCode); conjugal parmership of gains (Old Civil Code). Pag Kinasal na walang marriage settle under the family code, ACP which shall be governed by the rules on co-ownership. Kapag ACP edi common properties shall belong to the spouses In co-ownershlp. Ano naman sabi ng Family Code ifa man and a woman not incapacitated to marry each other have not married but just lived together as spouses, if during their cohabitation properties will be acquired even only on the efforts of one the partis, that property or properties shall be governed on the rules on, co-ownership. PAREHO LANG. BAT PA MAGPAPAKASAL? > Man and woman were married in aticulo mortis (at the point of death), kapag namatay, hallmbawa nakasal na, within 90 days, kung ikaw yung surviving spouse magkano legitime mo? ONLY 1/3. (Last paragraph of ‘Art. 900: If the marriage between the surviving spouse and the testator was solemnized in articulo mortis, and the testator died within three months from the time of the marriage, the legitime of the surviving spouse as the sole heir shall be one-third of the hereditary estate, except when they have been living as husband and wife for more than fve years. In the latter case, the legltime of the surviving spouse shall be that specified in the preceding paragraph) Kapag live-in tapos marriage in articulo mortis = 1/2. Kapag hindi pa nag live-in marriage in articulo mortis at ‘namatay within 3 months or 90 days = 1/3. Article 699. When the widow or widower survives with | Tegitimate parents or ascendants and with illegitimate children, such surviving spouse shall be entitled to one- eighth of the hereditary estate of the deceased which must be taken from the free portion, and the illegitimate children shall be entitled to one-fourth of the estate which shall be taken also from the disposable portion. The testator may freely dispose of the remaining one-eighth of the estate, Article 900. Ifthe only survivor is the widow or widower, she or he shall be entitled to one-half of the hereditary estate of the deceased spouse, and the testator may freely dispose of the other half. Wf the marriage between the surviving spouse and the testator was solemnized in artigulo mortis, and the testator ied within three months from the time of the marriage, the | legitime of the surviving spouse as the sole heir shall be one- | third of the hereditary estate, except when they have been ving as husband and wife for more than five years. In the lau case, the legitime ofthe surviving spouse shall be that in the preces z WILLS & SUCCESSION NOTES (DEAN ABELLA) HINDI NALAGAY YUNG KWENTO NI SIR RE RESERVA "TRONCAL KAYA WALANG FACTS, KULANG TONG PART NA. 70. cousin ~ 4 degrees apart; you cannot marry with 1* cousin because against public policy, morals and decency. @: How about your niece or nephew from your cousins? ‘A: They are already in the St degree and the law do not prohibit, hence, you may. However, inthe Philippines, itis not done forts somehow against public morals. Reserva Troneal ee é JN Ap we Paveshouset A Affe hor ives the property to mom (W) Cales The house will revert back to the line where itis from. M and X wil receive first before A & D, but they are all reservatarios. Isitokay even though A and Care half-blood siblings? ‘A. Yes. Walang masama. > Another rule intestacy: “the directexchides the collateral” EXAMPLE: Your brother dies, itis only you and your great great grandfather who are left as relatives. You wil not inherit tis your grea great rand father who will inherit, because they are 4 degrees apart and within the directline, Asa rule, presence of direct, excludes sollateral, NOTE: basta may direct, Kalht malayo pa, automatically excluded ‘and collateral. Only after 8 years tsaka sila nagdecide magnakasal. Already married, the wife consulted a lawyer on the possibility of annulment. The usual ground invoked by parties in an annulment ‘ase is psychological incapacity. [Fboth parties are suffering from psychological incapacity, marriage is void. However, being of ‘unsound mind (mere insanity), marriage is merely voidable. Article 891. The ascendant who Inherits from his descendant any property which the latter may have acquired by gratuitous title from another ascendant, or a brother or sister, is obliged to reserve such property as he may have acquired by operation of law for the benefit of relatives who are within the third degree and who belong to the line from which sald proyREASON: ‘Always bear in mind the rationale behind reserva troncal that is {9 prevent property acquired by one family ine from moving to another family ine simply because of the rules on intestacy. Bakit naman hahayaan na mapunta sa ibang pamilya yung ari-ariang pinaghirapan ng isang kapamilya? NOTE: > When the present article says’acquired by gratuitous tite” and “.. such property as he may have acquired by operation of law’, the same refers to the rules on intestacy. As we have earlier discussed, there are two kinds of succession: testate by way of testament or will and in the absence thereof, succession by operation of Jaw or Intestate /legal succession governs. & Once there was a boy and girl who were high school lovers. Thirty (30) years had passed and after living together. Sabi ni babae “hanggang dito na lang ba tayo? Wala ka man lang balak pakasalan alco?” Yung lalake sinabing ‘matagal Na raw niya gustong pakasalan si babae Kaya lang “ayaw nl Papa at Mama’. Samantalang si “Nanay at Tatay austong-gusto" si Islake. Si babae nagsabi "di na natin Kelangan ng parental consent, 50 anyos na tayo. Sa hull nagpakasal din sila. H came from a rich family of four, his both parents, P and M, stil alive and one brother. Meanwhile, W was born in a poor home im Payatas with several brothers and sisters A,B, C, D, Ryet al Hand W had an only son, S. P who came to know about his baby ‘grandson’ na Kamukha daw nlya and ‘overjoyed decided to give his house and lot. Twenty (20) years later, P and Halready died because of od age. ART. 900 Illus tration Applian te . 6 Ordinary Marriage in 6F 2. Common aw Spouses Livig fogether ror wore than $ years eee noe pplien to Marriage solemnized 10 arkulo Hoa and bec tabor dita win J ronthe pram ie Hime mam iag