CIVIL LAW REVIEW II-JD IV
Atty. Martin Gacias
PART I: WILLS AND SUCCESSION:
A. GENERAL PROVISIONS: (ARTS. 774-782)
1. Concept of Succession:
2. Basis of Succession
3. Elements of Succession
a. Subjective elements of succession
b. Objective elements of succession
Inheritance vs. Succession
Restricted concept of inheritance
c. Causal element of succession
Transmission of successional rights
Rule in case of presumptive death
Effect of judicial settlement
4. Kinds of succession
5. Extent of inheritance
a. Property in existence at decedent’s death
b. Transmissible rights and obligations
c. Monetary obligations
d. Accretions
6. Heirs, devisees and legatees in general
a. Concept of heirs
b. Kinds of heirs
c. Concept of devisees and legatees
d. Distinguished from heirs
e. Importance of distinction
B. TESTAMENTARY SUCCESSION (ARTS. 793-795)
WILLS IN GENERAL:
1. Property acquired after the making of a will
2. Validity of a will as to its form
a. Laws governing form of wills
b. Effect of changes after testator’s death
c. Effect of changes before testator’s death
TESTAMENTARY CAPACITY AND INTENT (ARTS. 796-803)
1. Art. 795: Validity of a will as to its form
a. Law governing form of wills
b. Effect of changes after testator’s death
c. Effect of changes before testator’s death
2. Arts. 797-798: Testamentary Capacity
a. Age requirement
b. Mental Requirement
c. Test of sound mind
C. FORMS OF WILLS, WITNESSES AND CODICILS: (ARTS. 804-827)
1. Art. 804: Form of Wills
a. Common formalities
b. Written form of wills
c. Language of wills
2. Art. 805: Presence of witnesses in a notarial will
a. Special formalities of ordinary wills
b. Subscription by testator
c. Manner of signing by the testator
d. Signature by mark
e. Signature by another
f. Place of signature
g. Presence of witnesses
h. Attestation and subscription by witnesses
i. Meaning of presence
j. Test of presence
k. Marginal signatures
l. Location of signatures
m. Numbering of pages
n. Attestation clause
o. Contents of attestation clause
p. Effects of defects or imperfections in attestation clause
q. Language of attestation
3. Art. 806: Notarial Will
4. Art. 808: Two Reading Rule
5. Art. 811: Probate of Holographic Wills
6. Art. 814: In case of insertion, cancellation, erasure or alteration in a holographic will
7. Art. 815: Formalities of Wills executed by Filipinos abroad
8. Art. 816: When a will, executed by aliens abroad, may be given effect in the
Philippines
9. Art. 817: When a will made in the Philippines by an alien be given effect
10. Art. 818: Joint Will
11. Art. 819: Prohibition of joint will
12. Art. 820: Who may be a witness to a will
13. Art. 823: When a witness is related to a devisee or legatee
14. Art. 825: Codicil
