SUCCESSION CASESTABLE OF CONTENTS

General Provisions; Rules of Court [Section 3, Rule 1; Sections 2, 16, Rule 3]; Section 119, CA 141; Arts. 1306, 1315

Rule 1, Section 3 - Cases governed. Rules shall govern the procedure to be observed in actions, civil or criminal and special proceedings (a) A civil action is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong. A civil action may either be ordinary or special. Both are governed by the rules for ordinary civil actions, subject to the specific rules prescribed for a special civil action. X X X..(c) A special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact.

Rule 3, Section 2 - Parties in interest. A real party in interest is the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. Unless otherwise authorized by law or these Rules, every action must be prosecuted or defended in the name of the real party in interest.

Sec 119 of CA 141 - Every conveyance of land acquired under the free patent or homestead provisions, when proper , shall be subject to repurchase by the applicant, his widow, or legal heirs, within a period of 5 years from date of the conveyance

Art. 1306. The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy.

Art. 1315. Contracts are perfected by mere consent, and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all the consequences which, according to their nature, may be in keeping with good faith, usage and law.

1Limos v. Odones GR # 186979, August 11 2010A request for admission is not intended to merely reproduce or reiterate the allegations of the requesting pArtys pleading but should set forth relevant evidentiary matters of fact described in the request, whose purpose is to establish said pArtys cause of action or defense.

2Reyes v. Enriquez GR # 162956, April 10 1998Declaration of heirship should first be filed as a special proceeding before complaint for reconveyance and partition is filed in ordinary court

3Ventura vs. Militante GR# 63145, Oct. 5 1999A dead person nor his estate cannot be a party plaintiff in a court action.Complaint is brought against the surviving spouse for the recovery of an indebtedness chargeable against said conjugal property, any judgment obtained thereby is void. The proper action should be in the form of a claim to be filed in the testate or intestate proceedings.

4Edgardo Cruz vs. Oswaldo Cruz GR# 173292, Sept. 1 2010 Heirs have acquired interest in the properties in litigation and became pArties in interest in the case. Complaint filed by deceased can survive and substituted by heirs.

5Sumaljag v. Literato GR# 149787, June 18 2008"legal representatives" refer to those authorized by law - the administrator, executor or guardian who, under the rule on settlement of estate of deceased persons, is constituted to take over the estate of the deceased.

6DBP v. Gagarani GR# 172248, Sept. 17 2008Daughter and son-in-law of the patentees have the right to repurchase the property because this would be "more in keeping with the spirit of the law.

7Balus v. Balus GR# 168970, Jan. 15 2010Deceased who lost ownership of the subject property during his lifetime, cannot pass into the hands of compulsory heirs a parcel of land which is no longer formed part of his estate.

8Arellano vs. Pascual GR# 189776, Dec. 15 2010Rule on collation is applicable only when there is compulsory heir. Siblings are not compulsory heirs. Decedent not having left any compulsory heir who is entitled to any legitime, he was at liberty to donate all his properties, even if nothing was left for his siblings-collateral relatives to inherit.

9Acap vs. CAGR# 118114, Dec 7 1995Ownership and real rights are acquired only pursuant to a legal mode or process. A stranger or non co-heir cannot conclusively claim ownership over the subject lot on the sole basis of the waiver document

10DKC Holdings Corp. vs. CA GR# 118248, April. 5, 2000Heirs cannot escape the legal consequence of a transaction entered into by their predecessor-in-interest because they have inherited the property subject to the liability affecting their common ancestor

Supplement

12Yaptinchay v. Del Rosario GR# 124320, March 2 1999Declaration of heirship can be made only in a special proceeding inasmuch as the petitioners here are seeking the establishment of a status or right.

13Alvarez v. IAC GR# 68053, May 7 1990Hereditary estates are always liable in their totality for the payments of the debts of the estate.

14Bonilla vs. BarcenaGR # L-41715, June 18Deceaseds claim was transmitted to heris upon his death.

15Arriola v. Arriola GR# 177703, Jan. 28 2008Family Home is shielded from immediate partition.

16Oscar Reyes v. RTC Makati, Rodrigo reyes GR# 165744, Aug. 11 2008Without the settlement of Anastacia's estate, there can be no definite pArtition and distribution of the estate to the heirs. Without the pArtition and distribution, there can be no registration of the transfer

17Puno v. Puno Enterprises GR# 177066, Sept. 11 2009Recognition as heir, participation in the settlement of estate and registration in the books of the corporation is needed before an heir acquire shares of decedent

Testamentary Succession; Wills In General; Article 2010; Estate Taxation; Article 1378

18Vitug vs. Court of AppealsGR# 82027, Mar. 29Survivorship agreement is valid. The conveyance is not a will because in a will, a person disposes of his property. In this case, the bank account is part of the conjugal funds. Neither is the agreement a donation inter vivos because it takes effect after death.

19Sicad vs. CAGR# 125888, Aug. 13A donation which purports to be one inter vivos but withholds from the donee the right to dispose of the donated property during the donor's lifetime is in truth one mortis causa.

20Aluad v. Aluad GR# 176943, Oct. 17, 2008Donation although worded as inter vivos is considered as mortis causa when the donor do not intend to transfer ownership during his lifetime.

Notarial/Formal/Ordinary Will; Article 809

21Suroza vs. HonradoAM No. 2026-CFI, Dec. 19, 1981Will should be executed in a language known to the testator, reading and translation into Filipino language is not enough.

22Echavez vs. Dozen cons. GR# 192916, Oct. 11, 2010 Attestation and acknowledgment are embodied in two separate provisions of the CC (Arts 805 and 806, respectively) indicates that the law contemplates two distinct acts that serve different purposes.

23Azuela v. CA GR#122880, April. 12, 2006the total number of pages, and whether all persons required to sign did so in the presence of each other must substantially appear in the attestation clause, being the only check against perjury in the probate proceedings

24Lee v. Tambago A.C. No. 5281, Feb. 12, 2008Lawyer will be guilty of professional misconduct for notarizing a spurious will.

25Guerrero v. Bihis GR#174144, April. 17, 2007Notary public who was acting outside the place of his commission, this did not satisfy Art 806. No notary shall possess authority to do any notarial act beyond the limits of his jurisdiction.

26Celada v. Abena GR# 145545, June. 30, 2008 Testator may be admitted to be physically weak but it does not necessarily follow that she was not of sound mind. Error in the number of pages of the will as stated in the attestation clause is not material to invalidate the subject will.

27Javellana vs. LedesmaNo. L-7179, June 30, 1955WN the notary signed the certification of acknowledgment in the presence of the testatrix and the witnesses, does not affect the validity of the codicil.

28Cruz vs. VillasorNo. L-32213, Nov. 26, 1973notary public before whom the will was acknowledged cannot be considered as the third instrumental witness since he cannot acknowledge before himself his having signed the will.

29Garcia vs. VasquezNo. L-26615, April 30, 1970Absence of proof that it was read to the deceased twice, the will was NOT duly executed.

30Alvarado vs. GaviolaGR # 74695, Sept. 14, 1993formal imperfections should be brushed aside when they do not affect its purpose and which, when taken into account, may only defeat the testators will. Reading contents of will aloud with the witnesses following the reading is substantial compliance.

Holographic Will

31Roxas vs. De JesusNo. L-38338, Jan. 28, 1985Generally, date in a holographic will should include the day, month, and year of its execution. However, when there is no appearance of fraud, bad faith, undue influence and pressure and the authenticity of the will is established, probate should be allowed based on principle of substantial compliance.

32Labrador vs. CAGR# 83843-44, April. 5, 1990The law does not specify a particular location where the date should be placed in the will. The only requirements are that the date be in the will itself and executed in the hand of the testator.

33Kalaw vs. Relova (SC is wrong)No. L-40207, Sept. 28, 1984In holographic will, substitution of original heir not authenticated by full signature will void the contract and original will cannot be probated, given efficacy to the seeming change of mind of testator.

34Ajero vs. CAGR# 106720, Sept. 15, 1994lack of authentication on the alterations will only result in disallowance of such changes.

35Codoy vs. CalugayGR# 123486, Aug. 12, 1999the object of the solemnities surrounding the execution of wills is to close the door against bad faith and fraud, to avoid substitution of wills and testaments and to guaranty their truth and authenticity

36Rodelas vs. AranzaNo. L-58509, Dec. 7, 1982the photostatic or xerox copy of the lost or destroyed holographic will may be admitted because then the authenticity of the handwriting of the deceased can be determined by the probate court.

37Seangio v. Reyes GR # 140371-72, Nov. 27, 2006mere disinheritance instrument, conforms to the formalities of a holographic will prescribed by law although it does not make an affirmative disposition of the latter's property, the disinheritance of Alfredo, nonetheless, is an act of disposition in itself.

Probate

38Vda. De Perez vs. ToleteGR# 76714, June 2, 1994reprobate of a will shall "cause notice thereof to be given as in case of an original will presented for allowance

39Palaganas v. Palaganas GR # 169144, Jan. 26, 2011A foreign will can be given legal effects in our jurisdiction even if not yet probated in the place where it is executed.

40Heirs of Sandejas vs. LinaGR # 141634, Feb. 5, 2001Reference to judicial approval, however, cannot adversely affect the substantive rights of heirs to dispose of their own pro indiviso shares in the co-heirship or co-ownership.

Supplement

41Abangan vs. AbanganGR # 13431, Nov. 12, 1919will consisting of two sheets the first of which contains all the testamentary dispositions and is signed at the bottom by the testator and three witnesses and the second contains only the attestation clause and is signed also at the bottom by the three witnesses, it is not necessary that both sheets be further signed on their margins by the testator and the witnesses, or be paged.

41Caneda vs. CAGR# 103554, May. 28, 1993Attestation clause that does not state that witnesses attest and subscribe in the presence of the testator and of one another will inviolate the will.

Codicils and Incorporation by Reference; Revocation [Wills & Testamentary Dispositions]

42Adriana Maloto vs. CA, No. L 76464, Feb. 29, 1988 Theres animus but no corpus. The intention to revoke must be accompanied by the overt physical act of burning, tearing, obliterating, or cancelling the will be carried out by the testator or by another person in his presence and under his express direction.

43Gago vs. Mamuyac, No. L 26317, Jan. 29, 1927 Where a will which cannot be found is shown to have been in the possession of the testator, when last seen, the presumption is, in the absence of other competent evidence, that the same was cancelled or destroyed.

44Molo vs. Molo, No. L 2538, Sept. 21, 1951 Invalidity of 2nd will which revoked 1st will can still give effect to 1st will under the principle of dependent relative revocation, predicated on the testator' intention not to die intestate

45Diaz vs. De Leon, No. L 17714. May. 31, 1922 destruction of a will animo revocandi constitutes, in itself, a sufficient revocation.

Republication and Revival of Wills; Disallowance of Wills

46Dorotheo vs. CA, GR# 108581, Dec. 8, 1999 it does not necessarily follow that an extrinsically valid last will and testament is always intrinsically valid. Unlawful provisions/dispositions thereof cannot be given effect.

Institution of Heirs

47Reyes vs. Baretto - DatuGR # L17818, Jan. 25, 1967 Institution to an heir believed to be a daughter who happened to be not is still valid. Testator is at liberty to assign the free portion of his estate to whomsoever he chose.

Preterition; Disinhertance

48Aznar vs. Duncan, GR # L 24365, June 30, 1966 Renvoi Doctrine

48Acain vs. IAC GR # L 72706, Oct. 27, 1987 adopted child was preterited but not the wife. A wife is not a compulsory heir in the direct line so she cannot be preterited.

50Nuguid vs. Nuguid GR # L 23445, June 23, 1966 Institution of the sister as universal heir, preteriting parents is void.

51Seangio v. Reyes GR # 14037172, Nov. 27, 2006See above

52Santos vs. Buenaventura GR # L 22797, Sept. 22, 1966 the intentions of the testatrix had been fulfilled, her will had been admitted and allowed probate within a reasonably short period, and the disposition of her property can now be effected.

Substitution of Heirs; Vulgar & Fideicommissary Substitution; Conditional & Term Disposition

53Palacios vs. Ramirez GR # L- 27952, Feb. 15, 1992fideicommissary substitution should not go beyond one degree from the heir originaly instituted."

54PCIB vs. Escolin GR# L-27860, Mar. 29, 1974no fideicommissary substitution bec. there was no obligation upon the husband to preserve and transmit the prop. to the brothers and sisters of the wife as seen in his authority to sell the property

55Rabadilla vs. Court of Appeals GR# 113725, June 29, 2000Without the obligation clearly imposing upon the first heir the preservation of the property and its transmission to the second heir, there is no fideicommissary substitution

Legitime

56Francisco vs. Francisco-Alfonso GR# 138774, March 8, 2001 compulsory heir can not be deprived of her share in the estate save by disinheritance as prescribed by law.

57Capitle v. Elbambuena and OlarGR# 169193, Nov. 30, 2006Estranged wife remained to be a legal heir, mere estrangement not being a legal ground for the disqualification of a surviving spouse as an heir of the deceased spouse.

Reserva

58Edroso vs. Sablan GR # L-6878, Sept. 13, 1913 the legal title and dominion, even though under a condition, reside to reservista while he lives. Reservista's right of ownership is registrable.

59Sienes vs. Esparcia GR #L-12957, March 24, 1961 Since it was the reservee who survived the reservor, it was then the reservees buyer who would acquire absolute ownership.

60Gonzales vs. CFI GR #L-34395, May 19, 1981 reservable properties should be inherited by all the nearest relatives within the third degree from the prepositus. She could not select the reservees to whom the reservable property should be given and deprive the other reservees of their share therein.

61Cano vs. Director GR #L-10701, Jan. 16, 1959 Upon the death of the reservista, the reservatario nearest to the prepositus becomes, automatically and by operation of law, the owner of the reservable property.

62Vizconde v. CA (bad case) did not see that it was a case of reserve troncal) GR# 118449, Feb. 11, 1998 error to require a son-in-law of the decedent to be included in the collation as he is not a compulsory heir

Disinheritance

63Seangio v. Reyes GR# 140371-72, Nov. 27, 2006 See above

Legal or Intestate Succession [Arts. 960-1014] General Provision

64Bagunu vs. Piedad, GR# 140975, Dec. 8, 2000 Among collateral relatives, except only in the case of nephews and nieces of the decedent concurring with their uncles or aunts, the rule of proximity, is applicable The right of representation does not apply to "others collateral relatives within the fifth civil degree.

Right of Representation (See also Domestic Adoption Act)

65Sayson vs. CA, GR# 8922425, Jan. 23, 1992 While it is true that the adopted child shall be deemed to be a legitimate child and have the same right as the latter, these rights do not include the right of representation

Order of Intestate SuccessionDescending Direct Line

66Sayson vs. CA, GR# 89224-25, Jan. 23, 1992 a person's love descends first to his children and grandchildren before it ascends to his parents and thereafter spreads among his collateral relatives.

Ascending Direct LineIllegitimate Children

67Corpus vs. Corpus GR # L-22469, Oct. 23, 1978 an illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child

68Leonardo vs. CA GR #L-51263, Feb. 28, 1983 An illegitimate cannot, by right of representation, claim a share of the estate left by the legitimate relatives left by his father

68Diaz vs. IAC GR #L-66574, June 17, 1987The right of representation is not available to illegitimate descendants of legitimate children in the inheritance of a legitimate grandparent.

70Diaz vs. IAC GR #L-66574, Feb. 21, 1990

71Suntay v. Suntay GR # 183053, June 16, 2010Order of preference is not absolute in the designation of administrator. Selection of an administrator lies in the sound discretion of the trial court. The attendant facts and circumstances of this case necessitate, at the least, a joint administration by both respondent and petitioner, even if the latter is an illegitimate child.

Surviving Spouse

72Verdad vs. CAGR# 109972, April. 29, 1996 A right of redemption arose in favor of a daughter-in-law who was survived by his husband, making her a co-owner in the inheritance of his mother-in-law

73Cabales v. CA GR# 162421, Aug. 31, 2007mother who if duly authorized by the courts, could validly sell his share in the property

Collateral Relatives

74Heirs of Uriarte vs. CA GR# 116775, Jan. 22, 1998 The determination of whether the relationship is of the full or half-blood is important only to determine the extent of the share of the survivors, since being half-blood is immaterial to determine his right to the inheritance as a 3rd degree relative.

75Gonzales vs. CA GR# 117740, Oct. 30, 1998 Brothers & sisters are precluded from inheriting the estate of their brother, when decedent have an illegitimate child.

The State

76Republic vs. CAGR# 143483, Jan. 31, 2002 Private respondent's belated assertion of her right over the escheated properties militates against recovery.

Provisions Common to Testate and Intestate Succession [Arts. 1015 -1105]Right of Accretion

77Parish Priest of Victoria, Tarlac vs. Rigor GR# L-22036, April 30, 1979In order to be capacitated to inherit, the heir, devisee or legatee must be living at the moment the succession opens, except in case of representation, when it is proper

Acceptance and Repudiation of Inheritance

78Guy v. CA GR# 163707, Sept. 15, 2006

Executors and Administrators; Collation & Donation [725-773]; See also Art. 1448 NCC

79Zaragoza vs. CAGR# 106401, Sept. 29, 2000partition inter vivos may be done for as long as legitimes are not prejudiced & they should be collated in the determination of legitimes

80Nazareno vs. CAGR# 138842, Oct. 18, 2000There is also an implied trust when a donation is made to a person but it appears that although the legal estate is transmitted to the donee, he nevertheless is either to have no beneficial interest or only a part thereof. this is subject to collation

81Vizconde vs. CAGR# 118449, Feb. 11, 1998Collation of the Paraaque property is improper for, to repeat, collation covers only properties gratuitously given by the decedent during his lifetime to his compulsory heirs

82Ty v. Ty GR# 165696, April. 30, 2008ild, legitimate or illegitimate, of one paying the price of the sale, NO TRUST IS IMPLIED BY LAW, it being disputably presumed that there is a gift in favor of the child. However, here there is no proof that the properties are really donated to the deceased son.

83Arellano v. Pascual GR # 189776, Dec. 15, 2010Rule on collation is applicable only when there is compulsory heir. Siblings are not compulsory heirs. Decedent not having left any compulsory heir who is entitled to any legitime, he was at liberty to donate all his properties, even if nothing was left for his siblings-collateral relatives to inherit.

Partition and Distribution of the Estate; Effect of Partition; Rescission 0061nd Nullity of Partition

84Noceda vs. CAGR# 119730, Sept. 2, 1999There is no co-ownership where portion owned is correctly determined and identifiable, though not technically described, or that said portions are still embraced in one and the same certificate of title does not make said portions less determinable or identifiable.

85Silverio v. CA GR# 178933, Sept. 16, 2009Until the estate is partitioned, each heir only has an inchoate right to the properties of the estate, such that no heir may lay claim on a particular property.

86Avelino vs. CAGR# 115181, March 31, 2000When a person dies without leaving pending obligations, his heirs, are not required to submit the property for judicial administration, nor apply for the appointment of an administrator by the court.

87Zaragoza vs. CAGR# 106401, Sept. 29, 2000See above

88Arrogante v. Deliarte GR# 152132, July 24, 2007private deed of sale does not equate to an oral partition by an act inter vivos. Besides, partition of property representing future inheritance cannot be made effective during the lifetime of its owner

89Orendain Jr. vs. Rodriguez GR# 168660/ June 30, 2009 testatrixs large landholdings cannot be subjected indefinitely to a trust because the ownership thereof would then effectively remain with her even in the afterlife.

90Alfonso v. Andres GR # 166236, July 29, 2010Poverty is not a justification for delaying a case

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