●​ Real property and personal property are subject to the laws of the country

BASIC SUCCESSION where they are situated.

●​ Lex Rei Sitae, meaning "the law of the place where the thing is situated,"
THIS IS FOR THOSE WHO BRING FAITH, HOPE, LOVE, AND LUCK IN
is a fundamental principle governing property. However, in succession,
THE STUDY OF LAW. ˚.⋆. ஐ ˖⋆.˚ its application is significantly modified.

SUCCESSION General Rule for Property (Article 16, first paragraph)

SOURCES: PARAS DIVINA REVIEWER ●​ Real property as well as personal property is generally subject to the
law of the country where it is situated. This means that for general
INTRODUCTION property matters, the law of the location of the asset dictates the
applicable rules.
Conflict of laws (or private international law) principles are crucial in determining
which country's laws apply when a legal case involves elements from more than Crucial Exception for Succession (Article 16, second paragraph)
one jurisdiction. In the context of succession, these principles dictate how wills ●​ Despite the general lex rei sitae rule for property, Article 16 provides a
are probated, how estates are distributed, and how the rights of heirs are major exception for succession. It mandates that intestate and
determined, especially when the decedent or their property has foreign testamentary successions, including the order of succession, the
connections. amount of successional rights, and the intrinsic validity of
testamentary provisions, shall be regulated by the national law of the
person whose succession is under consideration, regardless of the
ARTICLE 16. Real property as well as personal property is subject to the law
of the country where it is stipulated. nature or location of the property.
●​ This exception also extends to the capacity of the heir to succeed,
However, intestate and testamentary successions, both with respect to the order which is likewise governed by the national law of the decedent.
of succession and to the amount of successional rights and to the intrinsic ●​ Therefore, if a foreign national dies, their national law determines who
validity of testamentary provisions, shall be regulated by the national law of the their heirs are, what their shares are (e.g., legitimes), and whether
person whose succession is under consideration, whatever may be the nature of their will's provisions are intrinsically valid, even if the property is
the property and regardless of the country wherein said property may be found.
located in the Philippines. For instance, if a testator, a citizen of a state
(10a)
that allows complete disposition of property by will, deprives heirs of
their legitimes, such dispositions should generally be respected under
ARTICLE 1039. Capacity to succeed is governed by the law of the nation of Philippine law because the national law governs.
the decedent. ●​ This principle was affirmed in cases like In the Matter of Testate Estate
of the Deceased Edward E. Christensen where the court had to
determine the intrinsic validity of the will and successional rights based
LEX REI SITAE ART. 16
on the decedent's national law. Similarly, in Testate Estate of Joseph G.
Lex Rei Sitae (Law of the Place Where the Property is Situated): Brimo, the Court held that the testator's national law (Turkish law)

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 governed his testamentary dispositions, rendering invalid a condition in decedent's national law, it ensures that the personal law of the deceased is
his will that sought to distribute his estate according to Philippine laws. respected in the distribution of their estate.

NATIONALITY PRINCIPLE ART. 15 Cases like Grace J. Garcia v. Rederick A. Recio illustrate that an individual's
Nationality Principle (Lex Nationalis) personal laws change upon naturalization as a foreign citizen, affecting their
●​ While the lex rei sitae governs the formalities of property disposition, for legal capacity to marry and, by extension, the legitimacy of any subsequent
succession, a different rule applies. children who would then have specific successional rights.
●​ Intestate and testamentary successions, including the order of
succession, the amount of successional rights, and the intrinsic The Edward E. Christensen case further exemplifies this, where Christensen, an
validity of testamentary provisions, are regulated by the national law American citizen, had his succession ultimately governed by Philippine law
of the decedent. This applies regardless of the nature of the property or due to the application of the Renvoi doctrine (which directs back to the
the country where it may be located. domicile), but the initial reference was to his national law (California law).
●​ The Nationality Principle, also known as Lex Nationalii, fundamentally
links a person's personal law to their citizenship. The Joseph G. Brimo case strongly asserts that a testator's national law dictates
the intrinsic validity of testamentary dispositions, emphasizing the primacy of
Application to Personal Status and Family Rights the nationality principle in succession, even over the testator's express wish to
●​ Article 15 of the Civil Code explicitly states that laws relating to family have another law apply.
rights and duties, or to the status, condition, and legal capacity of persons
are binding upon citizens of the Philippines, even though living abroad.
This means a Filipino citizen's personal laws, including those related to ART. 1039
marriage, annulment, and legitimacy of children, follow them wherever Art. 1039 specifically states that capacity to succeed is governed by the law of
they reside. the nation of the decedent.
●​ Conversely, for foreigners, their personal law (determined by their
nationality) governs these aspects. For example, the legal capacity to Governing Law for Foreigners: If the decedent is a foreigner, their national law
contract marriage is determined by the national law of the party dictates four key aspects of succession:
concerned. ●​ the order of succession,
●​ This principle has significant implications for succession, as a person's ●​ the amount of successional rights,
status (e.g., legitimate child, adopted child, spouse) directly affects their ●​ the intrinsic validity of testamentary provisions,
successional rights. ●​ and the capacity to succeed.
This is an application of the general nationality principle, which posits that family
Relevance to Succession rights and duties, status, condition, and legal capacity of individuals are governed
●​ The Nationality Principle directly underpins the exception in Article 16, by their national law.
paragraph 2. By dictating that successional matters are governed by the

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○​ Case: Bellis v. Bellis [G.R. No. L-23678, June 6, 1967] dispositions. In the absence of proof regarding Turkish
■​ Facts: Amos G. Bellis, a citizen and domiciliary of law, it was presumed to be the same as Philippine law.
Texas, U.S.A., died with a will. His illegitimate DOCTRINE OF RENVOI
children opposed the partition plan, claiming they were
Doctrine of Renvoi
deprived of their legitimes as compulsory heirs under
●​ The Renvoi Doctrine is a solution to a specific problem that arises when
Philippine law. The lower court applied Texas law,
the conflict-of-laws rule of the forum (the court hearing the case) points
which does not recognise forced heirs or legitimes.
to a foreign law, and that foreign law's conflict-of-laws rule, in turn,
■​ Ruling: The Supreme Court upheld the application of
refers the matter back to the law of the forum or to a third state.
Texas law. It ruled that Article 16, paragraph 2, and
Article 1039 of the Civil Code render the national
Definition and Purpose
law of the decedent applicable for intestate or
●​ "Renvoi" means "referring back". It addresses the ambiguity of
testamentary successions, specifically regarding the
whether a reference to foreign law means the foreign country's internal
order of succession, amount of successional rights,
law or its entire legal system, including its conflict-of-laws rules.
intrinsic validity of will provisions, and capacity to
●​ When the foreign law refers the matter back to the internal law of the
succeed. The Court stated that Congress did not intend
forum, the law of the forum shall apply. This avoids a perpetual "tossing
to extend the Philippine system of legitimes to the
back and forth" of the issue between jurisdictions.
succession of foreign nationals; specific provisions
(Art. 16, 1039) prevail over general ones (Art. 17, par.
Application in Succession:
3 on public policy).
In the Matter of Testate Estate of the Deceased Edward E. Christensen (G.R.
No. L-16759, January 31, 1963)
○​ Case: Miciano v. Brimo [G.R. No. L-22595, November 1,
1927]
Facts: Edward Christensen, a New York-born American citizen, resided in
■​ Facts: A Turkish citizen's will stipulated that his estate
California for nine years before becoming a domiciliary in the Philippines until
be distributed according to Philippine laws, contrary to
his death. He executed a will in the Philippines, instituting his acknowledged
his national law. One of the legatees opposed, arguing
natural daughter, Maria Lucy Christensen, as his only heir, but also left a legacy to
this condition violated what is now Art. 16 of the Civil
Helen Christensen Garcia, another acknowledged daughter. Counsel for Helen
Code.
argued that under Article 16, paragraph 2 of the Civil Code, California law should
■​ Ruling: The Supreme Court held that the condition
apply. However, they contended that California law's conflict rule would refer the
imposed in the will — that the property be distributed
matter back to the law of the domicile (Philippines). Thus, Philippine law should
according to Philippine law and not the testator's
ultimately apply, increasing Helen's share due to successional rights for
national law — was illegal and considered unwritten.
illegitimate children under Philippine law. Counsel for Maria Lucy argued for the
This made the institution of legatees unconditional.
immediate application of California's internal law, which has no compulsory heirs,
The Court stated that the national law of the person
thereby upholding the will and excluding illegitimate children from inheritance.
whose succession is in question governs testamentary

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Ruling: The Philippine Supreme Court applied the Renvoi Doctrine. It ruled
"football" situation where the case is perpetually tossed between jurisdictions.
that since Article 16 of the Civil Code mandates the application of the decedent's
Thus, Philippine law on succession was applied, making Helen Garcia, the
national law (California law), and California Civil Code Article 946 (its
acknowledged natural child, a forced heir entitled to her legitime. She was also
conflict-of-laws rule) refers the case back to the law of the domicile when a
entitled to a corresponding portion of the fruits or increments from the moment
decedent is not domiciled in California, Philippine law was ultimately
of the decedent's death.
applicable.

●​ Impact on Succession: LEX LOCI CELEBRATIONIS

○​ This decision significantly affected the intrinsic validity of the
will and the successional rights of Christensen's heirs. By
ARTICLE 17. The forms and solemnities of contracts, wills, and other public
accepting the renvoi, the Court applied Philippine law, which
instruments shall be governed by the laws of the country in which they are
recognizes legitimes for natural children, ensuring Helen Garcia executed.
received a larger share than she would have under California's
internal law. This case highlights that while the national law When the acts referred to are executed before the diplomatic or consular
governs succession, it includes its conflict-of-laws rules, which officials of the Republic of the Philippines in a foreign country, the solemnities
can lead to the application of the forum's internal law. established by Philippine laws shall be observed in their execution.

Prohibitive laws concerning persons, their acts or property, and those which
Edward E. Christensen v. Garcia [G.R. No. L-16749, January 31, 1963] have for their object public order, public policy and good customs shall not be
Facts: rendered ineffective by laws or judgments promulgated, or by determinations
Edward E. Christensen, a U.S. citizen from California, died domiciled in the or conventions agreed upon in a foreign country. (11a)
Philippines. His will contained provisions that would be valid under
California's internal law but might violate Philippine legitime rules. The issue Art. 17, Lex Loci Celebrationis
was whether California's internal law or its conflict of laws rule should apply, Lex Loci Celebrationis, meaning "the law of the place of celebration or
especially since California law (Art. 946) stated that personal property follows execution," primarily governs the formal validity of legal acts and instruments.
the owner and is governed by the law of his domicile if there's no law to the
contrary in the place where the property is situated. Formalities of Wills (Extrinsic Validity)
●​ Article 17, first paragraph, states that the forms and solemnities of
Ruling: contracts, wills, and other public instruments shall be governed by the
The Supreme Court accepted the renvoi. It ruled that Article 16 of the Civil laws of the country in which they are executed.
Code, which points to the national law (California law), meant California's ●​ This means that for a will to be extrinsically valid (i.e., properly executed
conflict of laws rule (Art. 946), not its internal law. Since Christensen was in terms of form), it must comply with the formalities prescribed by the
domiciled in the Philippines, California's Art. 946 referred the matter back to law of the place where it was made. These formalities include
Philippine law (the domicile's law). The Court emphasized that this prevents a

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 requirements such as subscription by the testator and witnesses, provides a specific rule for Filipinos executing documents abroad
attestation clause, and numbering of pages. through Philippine official channels.

○​ For example, in Lopez v. Lopez, the will was disallowed for

Case:
failure to comply with the requirement of stating the number of
Perez v. Tolete [G.R. No. 232 SCRA 722]
pages in the attestation clause, as required by Article 805 of the
Facts:
Civil Code. However, there is a principle of substantial
The case involved the reprobate of wills executed by a couple in New York.
compliance for defects in form or language of the attestation
The lower court disallowed reprobate, reasoning that New York procedural law
clause, provided there is no bad faith, forgery, or fraud, and
for will allowance was not proven and that the wills lacked the three witnesses
the will was genuinely executed and attested in compliance
and page-by-page signatures required by Philippine law.
with Article 805. This allows some flexibility, like signing on
the right margin instead of the left, if the purpose of
Ruling:
authentication is still served.
The Supreme Court held that proof of foreign law on procedure and
○​ The law existing at the time of the will's execution determines
allowance of wills is imperative for reprobate, as Philippine courts cannot take
its formal validity, not the law at the time of the testator's death,
judicial notice of foreign laws. It also advocated for a liberal construction of
as established in Riosa v. Riosa.
rules to allow joint probate of separate wills with similar provisions, especially
when practical considerations dictate, to avoid delay in justice. Notice to
Contrast with Intrinsic Validity
known heirs, legatees, and devisees is mandatory for reprobate proceedings.
●​ It is crucial to distinguish extrinsic (formal) validity from intrinsic
validity (the legality of its provisions). While lex loci celebrationis
governs extrinsic validity, the intrinsic validity of a will is governed by Case:
the national law of the decedent (Article 16, paragraph 2). In re Will of Riosa [39 Phil. 23]
●​ A will can be extrinsically valid but intrinsically void, or vice versa. The Facts:
probate court's general inquiry is limited to extrinsic validity; however, in The testator executed a will in 1908. A new law (Act No. 2645) prescribing
exceptional circumstances, it can pass upon the intrinsic validity, additional formalities for wills took effect in 1916, before the testator's death in
especially if the will's dispositions deprive or impair the lawful heirs' 1917. The will complied with the old law but not the new one.
legitime. If a will is intrinsically void (e.g., due to preterition or
impairment of legitime), the rules of intestacy apply. Ruling:
The Supreme Court held that the validity of a will's execution is generally
Wills Executed Before Diplomatic or Consular Officials tested by the statutes in force at the time of its execution, not by
●​ If a will or other legal act is executed before diplomatic or consular subsequently enacted laws, unless the legislature expressly declares or
officials of the Republic of the Philippines in a foreign country, the necessarily implies a retrospective effect. The testator's desires should be
solemnities established by Philippine laws shall be observed. This respected.

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GENERAL PROVISIONS ●​ What Inheritance Includes (Arts. 776, 781): Inheritance comprises all
the property, rights, and obligations of a person that are not
extinguished by their death.
Article 774. Succession is a mode of acquisition by virtue of which the ○​ This includes not only properties and transmissible rights and
property, rights and obligations to the extent of the value of the inheritance, of a obligations existing at the time of death, but also any property
person are transmitted through his death to another or others either by his will or right that may have accrued to the estate since the
or by operation of law. (n)
opening of the succession. For example, fruits or increments
from the inherited property belong to the heirs from the moment
SUCCESSION DEFINED of death.
Succession Defined; Basis of succession
●​ Definition (Art. 774): Succession is a mode of acquisition by virtue of ●​ After-Acquired Properties (Art. 793): Property acquired by the testator
which the property, rights, and obligations, to the extent of the value of after the making of a will shall pass thereby if it expressly appears by
the inheritance, of a person are transmitted through his death to the will that such was his intention, as if the testator had possessed it at
another or others either by will or by operation of law. the time of making the will.
■​ In its generic sense, it signifies the substitution of a ●​ Transmission of Obligations: Obligations not extinguished by death are
person in the transmissible rights and obligations of transmitted to the compulsory heirs. The value of these obligations
another, encompassing both inter vivos and mortis extends only to the value of the inheritance.
causa transfers. However, in its strict juridical sense, as
understood in the New Civil Code, it is limited to ○​ Case: Rabadilla v. CA [G.R. No. 113725, June 29, 2000]
succession mortis causa. ■​ Facts: A codicil to a will instituted Dr. Jorge Rabadilla
as a devisee of land, imposing an obligation on him
●​ Inheritance vs. Succession: Inheritance (Latin: hereditas; Spanish: and his successors-in-interest to deliver 100 piculs of
herencia) is the property or right acquired, while succession is the sugar yearly to Marlena Coscolluela Belleza. Failure to
manner by virtue of which the property or right is acquired. comply would result in seizure of the property and
●​ Basis of Succession: The efficient cause of the transmission of reversion to the testatrix's near descendants.
successional rights is the expressed will of the decedent (in a will) or ■​ Ruling: The Supreme Court affirmed that inheritance
their presumed will (as provided by law). The fact of the decedent's includes all property, rights, and obligations not
death is not only a condition but also the very reason and final cause extinguished by death. Therefore, the obligations
for the transmission of these rights. imposed by the codicil on Dr. Jorge Rabadilla were
likewise transmitted to his compulsory heirs upon
WHAT INHERITANCE INCLUDES his death. The institution was modal, meaning the
What inheritance includes; Transmission of inheritance obligation was imposed without affecting the efficacy
of the heir's rights to succession, but non-performance
triggered the sanction of seizure and reversion.

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 conditional, or with a term. Successional rights can have no
○​ Case: Alvarez v. IAC [G.R. No. L-68053, May 7, 1990] effectiveness except through the death of the decedent.
■​ Ruling: The Court reiterated the general ○​ Nature of Rights Before Death: Before the decedent's death,
transmissibility of a deceased person's contractual heirs only possess a mere hope or expectancy, which is
rights and obligations to their legitimate children and inchoate in character. Thus, any contract entered into concerning
heirs. Heirs are liable only to the extent of the value of future inheritance is generally void for lack of object, as
their inheritance. confirmed by Art. 1347, unless expressly authorized by law.
○​ Case: Gevero v. IAC [G.R. No. 77029, August 30, 1990] ○​ Actual Death: Death is the fundamental event that "opens" the
■​ Ruling: The hereditary share in a decedent's estate is succession.
transmitted or vested immediately from the ○​ Case: Emnace v. Court of Appeals [G.R. No. 126334,
moment of death of the predecessor-in-interest (Art. November 23, 2001]
777). There is no legal bar for a successor to dispose of ■​ Facts: Heirs of a deceased partner sued for accounting
their hereditary share immediately after death, even if of partnership finances. The defendant argued the
the actual extent is not yet determined. surviving spouse lacked legal capacity to sue as she
○​ Case: Locsin v. CA [G.R. No. 89783, February 19, 1992] wasn't appointed administratrix.
■​ Ruling: Property that a decedent transferred or ■​ Ruling: The Supreme Court held that a prior
conveyed to other persons during their lifetime no settlement of the estate or appointment of an
longer forms part of their estate at the time of death executrix/administratrix is not necessary for any of
and cannot be claimed by heirs, unless such transfers the heirs to acquire legal capacity to sue. From the
impaired the legitimes of compulsory heirs. moment of death, the decedent's rights (e.g., against the
○​ Other cases mentioned in the syllabus for transmission: partnership) are transmitted to the heirs by operation of
Teves de Jakosalem v. Rafols, Payduan v. Builders Savings and law, allowing them to commence actions pertaining to
Loan Association, Inc., Salitico v. Heirs of Resurreccion Felix, the decedent.
Treyes v. Larlar. ○​ Case: Coronel v. Court of Appeals [263 SCRA 15]
■​ Ruling: The Court reiterated that heirs are bound by
contracts entered into by their
CONDITIONS FOR THE TRANSMISSION OF SUCCESSIONAL RIGHTS predecessors-in-interest, unless the rights and
Conditions for the transmission of successional rights; Actual Death; obligations are intrinsically intransmissible by nature,
Presumed Death; Effect of absentee’s return or reappearance​ stipulation, or law. Upon the father's death, compulsory
heirs stepped into his shoes, making rights and
○​ Moment of Transmission (Art. 777): The rights to the obligations binding and enforceable upon them.
succession are transmitted from the moment of the death of ○​ Case: Calalang v. Register of Deeds (part of Sayson v. CA,
the decedent. This moment is decisive, as it is when heirs G.R. No. 205 SCRA 321)
acquire a definite right to the inheritance, whether pure,

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 ■​ Ruling: Successional rights are vested only at the time would be administered by the parish priest for pious
of death (Art. 777). This means an heir's capacity to works. No nephew studied for the priesthood.
inherit is determined at the moment of death (Art. ■​ Ruling: The bequest was deemed ineffectual or
1034), and the legitime is computed as of that same inoperative because the condition (a nephew studying
moment (Art. 908). for the priesthood) was not met. Consequently, the
○​ Other cases mentioned in the syllabus related to actual administration of the lands by the parish priest was also
death, presumed death, and effect of return: Uson v. Del inoperative. This situation falls under the rule where
Rosario, Borja v. Borja, Bonilla v. Barcena, Vitug v. Court of legal succession takes place because the will "does not
Appeals, Felipe v. Heirs of Aldon, Union Bank v. Santibanez. dispose of all that belongs to the testator," leading to
intestacy for the undisposed portion of the estate.
The Court noted that the testator likely intended to
D. MIXED SUCCESSION benefit nephews living at his death who might become
○​ Definition: Succession may be testamentary (by will), legal or priests, not indefinitely anyone born after.
intestate (by operation of law), or mixed.
○​ Occurrence of Intestate Succession (Art. 960): Legal or E. KINDS OF HEIRS
intestate succession takes place when: Heirs distinguished from legatees and devisees
■​ A person dies without a will, or with a void will, or one ○​ Heirs:
which has subsequently lost its validity. ■​ Definition: Persons instituted to the whole or to an
■​ The will does not institute an heir to, or dispose of, all aliquot portion (fraction or part) of the properties,
the testator's property. In this "mixed succession" rights, and obligations of the decedent. They succeed
scenario, legal succession applies only to the property by universal title.
the testator has not disposed of. ■​ Kinds:
■​ The suspensive condition attached to the institution of ■​ Compulsory Heirs: Those who are entitled to
an heir does not happen or is not fulfilled, or if the heir a legitime (legal portion reserved by law).
dies before the testator, or repudiates the inheritance, They are called to succeed by operation of
and there is no substitution or right of accretion. law. Examples include legitimate children and
○​ Preference for Testacy: The law generally prefers testate over descendants, legitimate parents and
intestate proceedings. However, if a will is intrinsically void ascendants, the widow or widower, and
(e.g., due to preterition and no other testamentary dispositions), illegitimate children and their descendants.
then total intestacy may result. The testator cannot deprive compulsory heirs
○​ Case: Parish Priest of Roman Catholic Church of Victoria of their legitime except in cases of valid
Tarlac v. Rigor [L-22036, April 30, 1979] disinheritance for causes expressly specified
■​ Facts: A will provided that if no nearest male relative by law, and cannot impose burdens on it.
of the testator studied for the priesthood, rice lands

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 ■​ Voluntary Heirs: Those who are instituted by ■​ Void Disinheritance (e.g., without specifying
the testator in a will to succeed to the cause): Annuls the institution of heirs only
disposable free portion of the estate. insofar as it prejudices the disinherited
■​ Legal/Intestate Heirs: Those called to person's legitime, but devises and legacies
succeed by operation of law when legal or remain valid.
intestate succession takes place. A brother, for ■​ Testator's Intent: When a testator grants specific
instance, can be an intestate heir but is not a legacies or devises, they demonstrate a specific
compulsory heir. They inherit either by their preference for that beneficiary concerning that
own right or by the right of representation. property. For heirs, the amount received depends on the
○​ Legatees and Devisees: liquidation process and does not grant preference over
■​ Definition: Persons who succeed by particular title to specific assets.
a specific or determined item of property in the
inheritance. A legatee receives a gift of personal MODULE TWO: TESTAMENTARY SUCCESSION (783-795)
property via will, while a devisee receives real
property via will .
WILL DEFINED
○​ Distinction and Importance:
■​ Scope of Inheritance: Heirs get a share of the whole
or a fraction, while legatees/devisees get specific A. Will Defined; Characteristics of a Will
assets. The status of an heir depends on the nature of ●​ A will is an act whereby a person is permitted, with the formalities
the inheritance (ex re), not merely the testator's prescribed by law, to control to a certain degree the disposition of their
designation (ex voluntate). estate, to take effect after their death. It is essentially a disposition of
■​ Impact of Omission/Invalidity: The distinction is property intended to take effect upon the maker's death. Justice
critical due to legal provisions like those on preterition Moreland described a will as "the testator speaking after death," with its
(Art. 854) and disinheritance (Art. 918). provisions having the same force and effect in the probate court as if the
■​ Preterition (total omission of a compulsory testator were making declarations by word of mouth. The law permits
heir in the direct line) annuls the institution individuals to "speak after they are dead" through this instrument.
of heirs, but legacies and devises remain ●​ From the Civil Code's definition (Article 783) and related provisions, a
valid insofar as they are not inofficious (do will has several key characteristics:
not impair the legitime). If a will only ○​ Strictly Personal Act: The making of a will is a strictly
institutes a universal heir and omits personal act, meaning it cannot be left in whole or in part to the
compulsory heirs in the direct line, resulting discretion of a third person, or be accomplished through an
in preterition, and contains no other specific agent or attorney. This ensures that the will reflects the testator's
legacies or devises, the entire will is genuine intent.
annulled, leading to total intestacy.

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 ○​ Formal and Solemn Act: A will is a formal and solemn act, ●​ Power to Designate Persons, Institutions, or Establishments: The
requiring the observance of specific legal formalities. These testator may also entrust to a third person the power to designate the
formalities are designed to prevent fraud, avoid the substitution specific persons, institutions, or establishments to which such property or
of wills, and guarantee their truth and authenticity. sums of money are to be given or applied.
○​ Free and Voluntary Act: The execution of a will must be a free These exceptions are limited to details that make the devise or legacy more
and voluntary act, not influenced by duress, fraud, menace, or effective; they do not involve the completion of the testamentary act itself, which
undue influence. remains strictly personal to the testator. The testator has already completed the
○​ Disposition of Property: It involves the control over the primary testamentary act; what is delegated are merely the details.
disposition of one's estate.
○​ Ambulatory and Revocable During the Testator's Lifetime: C. Ambiguities in a Will; Rules of Interpretation; Preference of Testate Over
A will does not confer any present rights at the time of its Intestate Proceedings
execution, and no title vests in the beneficiary until the testator's ●​ The primary objective in the construction or interpretation of a will is to
death. It is essentially revocable during the testator's lifetime. ascertain and give effect to the intention of the testator. The intention
○​ Individual and Unilateral Act: It is an act made by one person, and desires of the testator, if clearly expressed, constitute the fixed law
not a joint effort (except when executed abroad by aliens in of its interpretation. This principle is recognized in both American and
accordance with their national law). Philippine decisions as the "polar star" or "guiding star" of testamentary
○​ Mortis Causa: The will takes effect only after the testator's construction.
death.
○​ Statutory Right: The ability to make a will is a statutory right, Rules of Interpretation:
not a natural one, and is thus subject to legislative regulation ●​ Ordinary and Grammatical Sense: The words of a will are generally to
and control. be taken in their ordinary and grammatical sense, unless a clear intention
to use them in another sense can be gathered and ascertained.
B. Strictly Personal Act; Exceptions ●​ Give Effect to Every Expression: The interpretation should aim to give
As established, the making of a will is a strictly personal act and cannot be every expression some effect rather than rendering any inoperative.
delegated. This means that the entire testamentary act, including all decisions ●​ Context and Circumstances: When uncertainty arises regarding the
regarding the disposition of property, must be made by the testator themselves. application of any provision, the testator's intention is to be ascertained
However, there are specific exceptions where the testator is allowed to entrust from the words of the will, taking into consideration the circumstances
certain non-testamentary details to a third person: under which it was made.
●​ Power to Distribute Specific Property or Sums: The testator may ●​ Exclusion of Oral Declarations: However, oral declarations of the
entrust to a third person the power to distribute specific property or sums testator regarding their intention are excluded as evidence for
of money that they have left in general terms to specified classes or interpretation.
causes. For example, bequeathing a sum of money to "different ●​ Applicability in Doubt: These rules apply primarily in cases of doubt. If
charitable institutions in Manila" and entrusting the executor with the a disposition is clearly illegal, it should not be given effect.
power to distribute the amount among them.

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 ●​ Case: Villaflor v. Juico, L-15737, Feb. 28, 1962 (also referred to as Vda. owned by the testator when the will was executed, provided the intention
de Villanueva v. Juico): This case affirms that the intention and desires of to include such future acquisitions is explicitly stated.
the testator, when clearly expressed in the will, serve as the fixed law for
its interpretation. E. Extrinsic and Intrinsic Validity
Wills have two primary kinds of validity: extrinsic (formal) and intrinsic
Preference of Testate Over Intestate Proceedings: (substantive) validity.
●​ Testacy Favored: In case of doubt, testamentary succession is 1.​ Extrinsic Validity (Formal Validity):
preferred to legal or intestate succession. This is based on the idea that ○​ Definition: This refers to the forms and solemnities required
the law favors giving effect to the testator's last wishes. by law for the proper execution of a will. Examples include the
●​ Priority in Proceedings: Testate proceedings for the settlement of a number of witnesses, signing requirements, and
deceased person's estate take precedence and enjoy priority over intestate acknowledgment before a notary public.
proceedings. ○​ Governing Law (Time): The validity of a will as to its form
●​ Case: Uriarte v. CFI of Negros Occidental, 33 SCRA 252: This case depends upon the law in force at the time it is made. The
established that if an intestate settlement proceeding is filed first, but a Legislature cannot retroactively validate a will that was void at
will of the deceased is subsequently found, the intestate proceedings the time it was made by changing the required formalities, as
should be dismissed to give priority to the testate proceedings. The this would violate due process by depriving the testator of
Supreme Court emphasized that wrong venue is a waivable procedural property without due process of law.
defect, and if a party knows of the existence of a will and its probate, ○​ Governing Law (Place):
they are precluded by laches from later objecting to the jurisdiction. The ■​ Filipinos Abroad: Filipinos executing wills abroad
proper course of action is to intervene in the probate proceedings. may follow the formalities prescribed by the law of the
country where the will is executed, Philippine law, or
D. After-Acquired Properties the law of their domicile.
●​ The rule concerning after-acquired properties is provided in Article 793 ■​ Aliens in the Philippines: Aliens making wills in the
of the Civil Code. Property acquired after the making of a will shall Philippines may follow the law of their nationality
only pass thereby, as if the testator had possessed it at the time of (Article 817) or the laws of the Philippines (Article
making the will, if it expressly appears by the will that such was the 17).
testator's intention. ■​ Aliens Abroad: A will executed by an alien abroad
●​ For example, if a will states "all the properties of which I may be produces effect in the Philippines if made with the
possessed at the time of my death," and at the time of writing, the testator formalities prescribed by the law of the place of their
owned only one parcel of land, but by the time of death, owned twenty residence, their national law, or in conformity with the
parcels, all twenty parcels would be included in the devise because the Philippine Civil Code.
intention to devise all properties owned at the time of death was ○​ Probate Proceedings: Probate proceedings primarily deal with
expressly stated. This means that the will can cover property not yet the extrinsic validity of the will, determining whether it was
executed with the formalities required by law, whether the

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 testator had testamentary capacity, and if the will is genuine and not, in the initial stage, pass upon the intrinsic validity
not a forgery. of its provisions.
■​ Exceptions: The rule is not absolute. When practical
2.​ Intrinsic Validity (Substantive Validity): considerations demand, or when the will on its face
○​ Definition: This refers to the legality of the testamentary appears intrinsically void (e.g., due to preterition or if
provisions themselves, such as whether they impair legitimes or it contains only a single testamentary disposition), the
dispose of property to unqualified beneficiaries. probate court may pass upon intrinsic validity even
○​ Governing Law (Time): Successional rights are governed by before formal validity is fully established. This is done
the law in force at the time of the decedent's death. to avoid an "idle ceremony" and protracted litigation.
○​ Governing Law (Place): The intrinsic validity of testamentary ■​ Case: Dorotheo v. CA, G.R. No. 108581, December 8,
provisions, including the order of succession, amount of 1999: This case reiterates that intrinsic validity can be
successional rights, and capacity to succeed, is regulated by the raised even after a will has been authenticated.
national law of the decedent, regardless of the place of However, if a court has already issued a final and
execution or death. executory decision declaring a will intrinsically void,
○​ Case: Bellis v. Bellis, 20 SCRA 358 (Bellis v. Bellis, L-23678, that determination is binding and will not be disturbed.
June 8, 1967): This landmark case applied the national law of ■​ Case: Seangio v. Reyes, G.R. 140371-72, Nov 27,
the decedent (Texas law, which did not provide for forced heirs 2006: The court may delve into intrinsic validity if the
or legitimes) to determine the intrinsic validity of his will and document, although captioned as a will, appears to
the amount of successional rights. The Court emphasized that contain no actual disposition of property, or only a
specific provisions like Article 16, par. 2, and Article 1039 of disinheritance clause, to determine if preterition results
the Civil Code, which apply the national law of the decedent, in intestacy. The Court held that a document primarily
prevail over general public policy arguments regarding disinheriting an heir can be considered a holographic
legitimes for foreign nationals. will, as disinheritance is an act of disposition.
○​ Renvoi Doctrine: An exception to the national law rule occurs
if the conflict-of-laws rules under the decedent's national law
refer the matter back to the law of the domicile (e.g.,
Philippines), and the foreigner was domiciled in the Philippines
at the time of death. In such a scenario, Philippine internal law
on succession would be applied, accepting the "renvoi" or
referral back.
○​ Probate Court's Role:
■​ General Rule: Ordinarily, the probate court's inquiry is
limited to the extrinsic validity of the will. It does

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III. TESTAMENTARY CAPACITY AND INTENT ○​ Spendthrifts/Prodigals: Even if under guardianship,
spendthrifts or prodigals can make a will, provided they meet
the age and sound mind requirements.
CONCEPT AND BASIC PRINCIPLES ○​ Natural Persons Only: Article 796, which states "all persons,"
refers only to natural persons, not juridical ones like
III. Testamentary Capacity and Intent (Articles 796-803) corporations, given the requirement of soundness of mind.
●​ Due Execution of a Will: This includes determining whether the testator
Testamentary capacity refers to the ability as well as the power to make a will. was of sound and disposing mind at the time of its execution, that they
While in American law there is a distinction between testamentary capacity freely executed the will and were not acting under duress, fraud, menace,
(concerning the testator's ability) and testamentary power (a privilege under the or undue influence, and that the will is genuine and not a forgery.
law), in the Philippines, this distinction has been lost. The term "testamentary
power" is sometimes understood to refer to the testator's power to designate B. Soundness of Mind
successors to their property and transmissible rights and obligations. The making ●​ Definition of Sound Mind (Article 799): To be of sound mind, it is not
of a will is considered a statutory right, not a natural one, and is subordinated to necessary that the testator be in full possession of all his reasoning
both law and public policy. faculties, or that his mind be wholly unbroken, unimpaired, or
unshattered by disease, injury, or other cause.
A. Who Can Make Wills ●​ Test for Sound Mind: It is sufficient if the testator was able at the
●​ General Rule: All persons who are not expressly prohibited by law time of making the will to know:
may make a will. Capacity is the general rule, and incapacity is the ○​ The nature of the estate to be disposed of (i.e., the character
exception. and ownership of what they are giving).
●​ Requisites for Making a Will: For a person to make a will, the ○​ The proper objects of his bounty (i.e., the persons who might
following are necessary: naturally expect to inherit from them, such as their children).
○​ Age Requirement: The testator must be at least eighteen (18) ○​ The character of the testamentary act (i.e., that it is truly a
years of age. Persons under eighteen years of age cannot make will, a disposition taking effect after death, and that it is
a will. essentially revocable).
○​ Mental Requirement: The testator must be of sound mind at ●​ Physical Infirmity and Disease:
the time of its execution. This is a crucial requisite that must ○​ Mere weakness of mind and body, induced by age and
exist at the very moment the will is executed, not before or after. disease, does not render a person incapable of making a will.
●​ Who Can Make Wills (Further Clarifications): The law does not require that a person maintain full enjoyment
○​ Convicts: A convict under civil interdiction is allowed to make of their pristine physical and mental powers to execute a valid
a will, as civil interdiction prohibits the disposition of property will.
inter vivos (during life), not mortis causa (upon death). ○​ Various ailments like paralysis and loss of speech, cholera,
insomnia, diabetes, sleeping sickness, or Addison's disease do
not automatically mean unsoundness of mind, as long as the

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 testator can still comprehend the essential elements of the test. ●​ Manifestation of Unsoundness of Mind: Unsoundness of mind can be
For example, in Bagtas v. Paguio, despite paralysis and loss of manifested through various conditions, including:
speech, the testator's ability to communicate through signs and ○​ Religious delusion that unsettles judgment.
writing demonstrated testamentary capacity. Similarly, in Neyra ○​ Extraordinary belief in spirits while executing a will.
v. Neyra, the testatrix was found to be of sound mind despite ○​ Monomania (insanity on a single subject) if it pertains to wills
severe physical weakness due to illness, as she could or succession.
intelligently converse. ○​ Insane delusions, defined as belief in things no rational mind
○​ Senility or infirmity of old age itself does not necessarily would believe to exist.
imply a lack of testamentary capacity. However, "senile ○​ Drunkenness that results in a failure to know the nature of the
dementia," defined as a "peculiar decay of the mental faculties testamentary act. Habitual drunkenness does not raise a
whereby the person afflicted is reduced to second childhood," presumption of incapacity unless it severely impairs the mind.
when advanced or absolute, can produce unsoundness of mind ○​ Idiocy (congenital intellectual deficiency).
resulting in testamentary incapacity. ○​ A comatose stage resulting from conditions like hypertension
○​ The case of Valmonte v. Ortega involved an 83-year-old testator and cerebral thrombosis that prevents talking or understanding.
whose physical and mental condition showed deterioration and ●​ Presumption on Soundness of Mind and Exceptions (Article 800):
senility. The court, applying the three-part test, found him to ○​ Presumption: The law presumes that every person is of
have testamentary capacity as he could accurately identify his sound mind in the absence of proof to the contrary.
properties and his wife as the sole beneficiary. The court noted ○​ Burden of Proof: The burden of proof that the testator was
that the omission of some relatives did not affect formal not of sound mind at the time of making his dispositions is on
validity, and if no fraud was shown, intent in disposition the person who opposes the probate of the will.
became irrelevant. ○​ Exceptions (When Presumption of Insanity Arises / Burden
○​ Baltazar v. Laxa further clarified that forgetfulness does not Shifts):
necessarily make a person mentally unsound so as to render ■​ If the testator, one month, or less, before making his
them unfit to execute a will; it is not equivalent to being of will, was publicly known to be insane. In this specific
unsound mind. instance, the person who maintains the validity of
○​ In Bugnao v. Ubag, despite the testator being extremely ill with the will must prove that the testator made it during
advanced tuberculosis and asthma, the court found him mentally a lucid interval. A lucid interval means the insane
capable due to his ability to give clear instructions and recall person has recovered sufficiently to understand the
property details. nature of their estate, objects of bounty, and the
○​ However, if a testator is in a comatose or semi-comatose testamentary act.
condition (e.g., from cerebral hemorrhage or apoplexy) ■​ If the testator made the will after he had been
preventing understanding or reaction, this would certainly judicially declared insane, and before such judicial
destroy testamentary capacity. order had been set aside. In this scenario, the burden

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 of proving soundness of mind is cast upon the ●​ Property Disposition: A married woman may dispose by will of all her
proponents of the will. separate property as well as her share of the conjugal partnership or
○​ Absence of Presumption of Insanity: No presumption of absolute community property.
insanity arises from: ●​ Implications of the Family Code: With the implementation of the
■​ The presence of a mere delirium, as it is temporary, or absolute community regime under the Family Code, the provisions on a
from intoxication. married woman's capacity to make a will (Articles 802 and 803) have
■​ The insanity of the testator's parents and children. diminished in specific application, as a married woman is now generally
●​ Evidence of Soundness of Mind: capacitated to make a will with no other legal requirements beyond
○​ The testimony of attesting or subscribing witnesses regarding general testamentary capacity.
the testator's mental condition is given great weight and should
generally prevail over speculative testimony from non-attending MODULE
physicians. However, a physician's testimony is credible if they
were consistently near the testator and saw them on the date of
execution.
○​ In the absence of competent witnesses, or if the court deems it
necessary, expert testimony may be resorted to. The court's
duty is to exhaust all lines of inquiry to ascertain the testator's
true intention.
C. Supervening Capacity and Incapacity
●​ Supervening Incapacity: The supervening incapacity of the testator
does not invalidate an effective will. This means if a will was executed
by a testator of sound mind, it remains valid even if the testator later
becomes incapacitated.
●​ Supervening Capacity: Conversely, the will of an incapable is not
validated by the supervening of capacity. If a will was made when the Good luck! 🍀
testator was insane, it remains invalid even if the testator later recovers
their sanity, because the crucial factor is the soundness of mind at the
time of execution.
D. Capacity of Wife to Make a Will; What Wife Can Dispose of in Her Will
●​ Capacity to Make a Will: A married woman may make a will
without the consent of her husband, and without the authority of the
court.

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