ASSIGNMENT IN CIVIL LAW REVIEW I

TESTAMENTARY SUCCESSION (Part 1)

1. What is a will?
2. What are the steps and requirements needed to write one?
3. Is a lawyer needed?
4. What are the advantages of writing a will?
5. Host: you have a man who has a wife and two kids and there is no will? How will you
distribute the estate?
Resource speaker: You will go intestacy. Una, you divided it half because it will go to the
wife and the other half, they will be divided it equally. The wife is considered as 1
legitimate. There is a right of illegitimate child to get ½ of share as to the share of
legitimate child. Also, the adopted child has also all the rights of legitimate child.
6. Host: What is the share of illegitimate child?
Resource speaker: Half of the share of one legitimate child.
7. Host: What is the share of the adopted child?
Resource speaker: Same share with a legitimate child.
8. Host: What is the share of the mistress?
Resource speaker: Mistress has no share.
9. Host: Do the parents and brothers and sisters inherit?
Resource speaker: that’s what we called rule on exclusion.
10. Host: Can you increase the share of one of the compulsory heirs?
Resource speaker: it is better to have a will rather than not to have a will.
Host: you can distribute your free portion
11. Resource speaker: Requites of a valid will: sound mind at the time of making a will, of
legal age and has the capacity of making a will.
Resource speaker: soundness of mind is that you know to whom you will dispose your
property and how you will distribute it.
12. Host: What are the formal requirements notarial will?
Resource speaker: must be subscribed by testator. Subscribed means signed by testator
in the left. Should typewritten and signed each and every page of the will except at the
last pages in the left.
Host: If signed right, should not be allowed?
Resource speaker: Yes, you are at risk but there are instances that the SC allowed for
the reason of substantial compliance. At least 3 witnesses not disqualified by the law.
Host: What are the requirements of a credible witness and exceptions?
Resource speaker: It must be in the dialect or language known to the testator.
Notarized.
13. Caller question: We have a will but we have a pre-nuptial agreement. My husband has 2
kids in the first wife. May habol pa ba yung dalawang anak nya? My husband is a
foreigner and he had already obtained divorce with the previous marriage.
 Resource speaker: Yes, even after the decree of the previous marriage has been
severed, the tie between the children and parents still exists.
14. Question on Twitter: My wife and I have acquired some lands and plan on making a will
stating we leave everything to our children. What are the steps and requirements in
making a will?
Resource speaker: It is already answered.
15. Host: What is the difference of attestation clause and jurat?
Resource speaker: Attestation means that the witnesses acknowledging that they
actually witnessed that the testator signed the will in their presence, and they appear
before a notary public. That it is actually in the form provided by the Civil code. A jurat
only is not sufficient.
16. Host: What are the requirements of a holographic will?
Resource speaker: entirely written, signed and dated by the testator. Handwritten.
Host: who will attested?
Resource speaker: if already filed before the court, it should be at least 3 witnesses who
will testify the handwriting of the testator, if contested. Kapag di contested, isa lang.
Host: what kind of form, can it be in tissue paper, wall or a book?
Resource speaker: so long as the testator was in the sound mind of disposing his will, it
can be written anywhere.
17. Host: example sinulatan ka ng husband stating – my dear wife, I will leave everything to
you and to our children, tapos signed nya and dated. Pwede ba nya i-present sa court to
consider na ito ang will nya?
Resource speaker: that is the difficult part, the intent. He must intend that the written
instrument is his will. It must be some kind of scribbling.
Host: omitting his child in the will, example, child D, does have effect of disinheriting an
heir?
Resource speaker: No, it does have that effect, actually, it produces devastating result.
It will annul the institution of heir leaving only the legacies and devises in effect.
18. Host: What are legacies and devises?
Resource speaker: if there is a will and you have children; you have free portion to give
to your friends. If the will is annulled due to preterition, the legacies and devises will
only be distributed.
Resource speaker: parents giving someone expensive property during their lifetime, it
can be considered as advances of their inheritance. A donation inter vivos.
19. Host: What are the grounds for disinheriting?
Resource speaker: Grounds for disinheritance are specific. Example is commission of a
crime by a child against their parents. Attempt to the life of the testator. Spouses
committed adultery or concubinage, a ground for legal separation thus cannot inherit.
Another is unworthiness.
Host: Is there a people who are automatically not allowed to inherit?
Resource speaker: One example is a priest who administered the last rites before the
testator dies and the priest’s relatives up to 4th degree. And also, if you are one of the
witnesses to the will, of course, ilalabas natin dito yun legitime. If they have legitime,
they can still get that but outside of the legitime they don’t get any.
 Host: in any circumstance, mistress cannot get anything even by will?
Resource speaker: it is a policy of law that you cannot give anything to illegal unions.
20. Jacob’s question: my mom shares a property with her brothers and sisters. They are
planning to sell it. If she dies before it’s sold, will her kids inherit her share? Or does she
have to state this in her will? Do the kids need to have SPA? We are US citizens living in
the States.
Resource speaker: This is what we called the right of representation. They can inherit
from the share of their mom. From a practical prospective naman, since they are US
citizens, they will encounter difficulty although they are entitled to inherit. My
suggestion, they should have acquired dual citizenship first before that.
21. Host: When does the title of the property actually transferred to the heir?
Resource speaker: it is transmissible at the point of death. It includes property, rights
and obligations. Pag may utang babawasan yun sa property. Kunwari ang utang is 100k
and the property is 80k, so wala ka na babayaran since to the extent lang ng share mo.
Host: ang utang ay hindi namama. Kaya pag namatay ang parents at may utang,
ibabawas ito sa property peri kung kulang, hindi ito pwede singilin sa inyo bilang
tagapagmana.
22. Errol’s question: my parents have been married for years but my father has been living
with his mistress for almost a decade. My mother’s net worth is bigger compared to my
father; our properties, saving, and cars are named under my mom. In the case that my
mother passes before him, what will happen to our house and my mother’s assets? Is
there a way to make sure that only my mother’s children and her siblings get the
inheritance by will? Or is it required by law that my father gets half?
Resource speaker: Write a will, preferably holographic will that it should be specified
why he will not get any or file a legal separation. However, the problem in legal
separation is when a party dies, the case will be dismissed so we suggest to write a will.
23. Host: How to edit a will and when?
24. Resource speaker: you can edit anytime either by virtue of a codicil or kung halimbawa
holographic will if you erase dapat i-counter signed mo and then revoke the will
anytime. You can burn it, tear it or ask another to do it upon your instructions. There
should be a positive of destroying it.
25. Host: Do all will have to go with probate? And what is probate?
Resource speaker: Probate is a proceeding in court whereby you prove the due
authenticity and execution of the will. Una, titignan ang formal requirements if they
comply to that and second, the sound mind of the testator. Once probated okay na sya,
then you are good to go, settlement na iyon. Di kaaagad hahatin they need to be
reviewed by the court. Take note, if there a will, it is the duty of the administrator to
present the will before within two months otherwise, they will be penalized for 2k.
INTESTATE/LEGAL SUCCESSION (Part 2)
Resource speaker: Atty. Alfredo Lazaro, Jr.

1. Host: What happens if a person dies and no will, what will the family do?
Resource speaker: they will go court to open the estate of whoever died. What about
there is only small estate? That what we called division of small estate.
Host: about the person who has big amount of estate?
Resource speaker: That’s what we called extrajudicial settlement.
Host: At what point you will go to court?
Resource speaker: example to determine who are entitled to the estate. Some people
have problems to determine who are compulsory or who are illegitimate heirs blah blah
blah.
2. Host: just to clarify if someone passes away and they say let’s go to settle the estate,
tayo tayo nalang they still have to go to court to approve the settle?
Resource speaker: not exactly. You can have an approval of extra-judicial settlement.
3. Host: This property is yours, this property is yours but I think they are being guided by
the law for proportionate sharing provided by the law?
Resource speaker: Yes. All children can inherit an equal share. Everything is equal. The
wife will get the same share as to the legitimate child. If they are 5, 4 kids and wife, they
will divide it into 5.
4. Host: We have to take it to consideration the ½ share of the wife to the community
property. Basically, the wife will get ½ of her share to the community property and she
will get her share to the estate of the decedent. We have to clarify that this case is a
scenario wherein spouses do not have pre-nuptial agreement and have community
property as their property regime, ½ talaga ang hatian.
Host: No children, and only the spouse, the spouse will get everything. Let say there is a
spouse and my parents are still alive?
Resource speaker: there will be division.
Host: Magkano hatian nila?
Resource speaker: Normally, half half yan eh. There is a table. There are a lot of
computation.
5. Host: If particular heir is alive, who will be excluded? For example, if you have children,
automatically ma-eexclude yung mga ascendants, meaning tito, tito.
Resource speaker: even parents.
6. Host: So let us say you have a spouse, a spouse does not exclude anyone?
Resource speaker: No.
Host: So basically, even you spouse, spouse will have to share with everyone else?
Resource speaker: Well, let us put it this way, the scenario is that you have no kids, no
ascendants, the spouse get everything.
Host: Correct.
7. Host: Alright, let’s complicate things. Yun illegitimate children, we all know. How much
will be the share of one illegitimate children?
Resource speaker: Well, an illegitimate child, assuming there are legitimate children,
he/she will get ½ of the share of one legitimate child. Now, if there are no legitimate
 kids, example he is a playboy, he has no wife and all illegitimate child, then they will get
the entire estate.
8. Host: But what if, the illegitimate children survive with the parents, can the parents
claim their shares and normally diba?
Resource speaker: Yes, of course.
Host: Yes, the parents apart from illegitimate children?
Resource speaker: But the descendants exclude the one above.
Host: So, in this case, the parents cannot argue na lahat naman ng anak nung anak
naming ang son namin are illegitimate therefore, we are the only one who are entitled
to his estate, is that correct? Does the illegitimacy allow for the exclusion of the
ascendants?
Resource speaker: Oh yes! They are still his children, right? They are still entitled to get.
Host: The rule is that descendant first.
9. Host: and then again, you mention earlier na one of the complications might be meron
pang mga anak outside, assuming you already divided the property. Kunwari kami ni
Rod magkapatid kami and we wanted an extra-judicial settlement. Meaning, our last
parent for an instance, passed away. We agreed na para simple nalang, we divided the
property among ourselves and then, extra-judicial settlement. Two months after, may
dumating claiming that he is our half-brother, can this person compel us to re-do
everything?
Resource speaker: He can file case in court to claim his inheritance, claiming that he was
deprived of his share.
Host: And he has to prove that he was really an illegitimate child.
Resource speaker: Well, he can say that. It is up to the oppositor to say that no, you are
not an heir.
Host: What is the presumption? The presumption is that he is not an heir?
Resource speaker: No, he is the one claiming so he has to prove it.
10. Host: Are there instances there was a will but in intestacy or intestate succession still
comes into play.
Resource speaker: Oh yes. For example, the will is invalidated or there is preterition
during the probate or you cannot implement the provisions of the will, it does not state
who are the proper heirs who can get property then, intestate succession will come into
play.
11. Host: You have mentioned earlier that now should apply in court diba?
Resource speaker: Yes.
Host: Now, who appoints the administrator who will manage all the properties? Do the
heirs present who will be the administrator?
Resource speaker: they can nominate who they want, or the court may either adopt it if
there will be no opposition and if somebody opposes it and then court will determine
who is the best administrator.
12. Host: for the meantime, who really preserves the property? Who has the right to make
sure that the real estate taxes are paid, or paano kung may mga pinaparent, where do
the lease payments go for the meantime?
 Resource speaker: it goes to the estate, theoretically, to be handled by the
administrator.
13. Host: so, hindi pwede for the meantime, kumukuha na yung mga ibang anak?
Resource speaker: No, because we have the procedure for that way. Normally, they will
apply for the expenditure to the administrator who will apportion and determine the
validity of the expenditures because his job is to preserve the estate; pay the obligations
first, taxes, blah blah blah and then, you divide the remaining to the heirs.
14. Host: so, this person is oblige to pay the estate tax kasi may deadline yan, right?
Resource speaker: Yes.
Host: So, it is really smarter to go to court and have administrator appointed.
Resource speaker: Yes. Sometimes, they have representation before the BIR to pay
deferred payment because they do not have money yet.
15. Host: the usual procedure is normally the children, or an heir becomes the
administrator?
Resource speaker: Yes, normally it is the wife.
16. Caller question, Mrs. Brooks: It’s about my parents. It was maybe earlier 1980 when
they separated. Nagkaroon po ng family ang father ko and nagkaroon ng dalawang anak.
Wala po silang legal separation or annulment ng mother ko. They are in good terms. A
year ago, may problem again, may kinakasama ulit siya. May dalawang anak ulit siya.
Retired military ang papa. Ang tanong ko lang po, may habol po ba ang mom ko?
Resource speaker: patay na ba?
Caller: Buhay pa po and then, itatanong na rin po naming pagdating sa pension solong
solo ng tatay ko. I-advise naming ang mom wag na paki-alam and nagkakaproblem kami
sa 3rd wife.
Resource speaker: Of course, definitely. Asawa eh.
17. Host: with pension, kanino mapupunta, kunwari the father is dead?
Resource speaker: it will become part of the estate. It becomes community property;
you determine the property is and the remainder will become the estate of the father.
18. Host: if the beneficiary indicated is the wife, does it go to wife?
Resource speaker: Yes, it will go to wife. You have to do something about it. You don’t
have to wait before he dies. She can claim what is hers.
Host: Since your mom is the legitimate wife, she can ask support from your father. Yung
una, pangalawa or pangatlong kinakasama, they don’t have any claim from your father.
19. Caller: Pwede po bang humabol ang mama sa pension niya? Kumuha siya ng share niya?
Host: pwede kasi siya yung legitimate wife.
20. Question from Karen: I am an illegitimate child. Do I still have a right to claim an
inheritance from my biological father even though I am not using his surname?
Resource speaker: yes, of course, for as long as you can prove your filiation with your
dad, there is no problem. Basta may letter or other proof to prove your filiation.
21. Question from Terry: My great-aunt passed away, she never married and has no
children. She has two living siblings and 10 nieces and nephews. She has 3 parcels of
land in the province each consisting 5 acres. How will we divide these lands among us?
Resource speaker: They are only siblings; they will divide equally. The nieces, as a group,
not as one.
 Host: if there are nieces and nephews of a deceased siblings, they will get as one of that
deceased siblings.We have to clarify that if the siblings are also the parents of the
nephews and nieces, so wala na. it is really just the siblings will inherit from your aunt.
Pero if there are deceased siblings who has children, then yun ang ihahati sa kanila, they
replace the siblings.
22. Question from Janice: My father died a few months ago and left no will. He is survived
by my mother, 3 legitimate children – including myself, and 2 illegitimate children he
fathered before marrying my mother. How will the division of his assets proceed?
Resource speaker: as I said earlier, the share of the legitimate children is higher. The
illegitimate children will only get ½ of the share of one legitimate child from the net
estate of the father.
23. Host: How will you divide that is basically legitimate children will get equal portion as
the spouse?
Resource speaker: Yes.
Host: and the illegitimate children will get ½ of the share of one legitimate child.
Resource speaker: Yes.
24. Host: There is this question if they could question in intestate succession that those who
are included as compulsory heirs, can I just anybody just come and question? Like, you
know what Rod is not really my brother or dapat madisinherit na kasi masama ugali
niyang sa dad ko.
Resource speaker: You know in disinheritance there must be proof, and you must have
a corresponding paperwork to do that. Example, what are the grounds? It must be
clearly stated
25. Host: for example, he is already disinherited. You are a parent. Diba may mga grounds
for disinheritance, for example, attempt to the life of the decedent, if I disinherit Rod,
what are the requirements.
Resource speaker: It must be in writing. He must be able to prove it and present it in
court and tell them you are not allowing this person to inherit.
26. Host: kahit buhay pa, am I allowed to do that?
Resource speaker: Kahit buhay ka pa, you can do that.
27. Host: if I just wrote and hindi ko napresent sa court, my children can present that?
Resource speaker: Yes.
28. Host: So, you disinheritance ba na yan does have to comply with the formalities of a
will?
Resource speaker: Well, the law does not state. You just state the grounds. Well, there’s
no formalities of a will. Normally, it is included in a will if you want to forego the legitime
of one person. So, you are not allowing X to inherit because he did this to me and that.
But in some instances, I am not allowing to disinherit this person because he is not a
good person to me, you are not making reference to disinherit this person, you can just
put it in any written instrument.
29. Caller: May naiwan pong property yung mga magulang ng asawa. Namatay na po sila
mga 3 years ago. Mayroon po syang mga kapatid na tatlo. Tapos, namatay na po ang
asawa ko. Ano pong karapatan ko sa ari-arian ng magulang ng asawa ko bilang asawa
niya?
 Resource speaker: Yes, because asawa niya. But normally, it is the children who will
represent the father, right.
30. Host: may mga anak ba kayo? Caller: Mayroon po. H: Naunang namatay yung husband
niya kesa sa parents nya.
Resource speaker: It happens normally pag namatay, the children, the husband and the
siblings will already have the right to divide.
Host: Tatlong kapatid plus husband. Let us say, 400k and since your husband passed
away, yung 100k nya mapupunta sa dalwang anak mo.
Resource speaker: right of representation.
31. Question from May: My mother is the eldest daughter of my grandfather. She has four
siblings and they are supposed to inherit his assets amounting to P10M. My uncles and
aunts are claiming that my mother doesn’t have a share in this because she was
disinherited by my grandfather years ago but there are no legal papers proving this.
What legal steps can we take to secure our mother’s rights to her inheritance?
Resource speaker: She just need to open the estate and claim what’s due to her.
32. Host: to open the estate, what they have to do?
Resource speaker: File an estate proceeding before the RTC and put the amount of
estate, filing fees, blah blah blah.
33. Host: Absence that documents proving that she was disinherited, the presumption is
she inherits.
Resource speaker: Yes.
34. Caller: yung auntie ko widow. Namatay po sya ang mga kapatid po nya namatay lahat.
Wala po syang last will and testament. Ang natira nalang po ay mga pamangkin nya.
Resource speaker: they will all inherit in equal shares.
35. Question from Remy: My father had four properties in his name. He and my mother
were legally separated before he passed away. He was living with another woman and
they had two children together. They were able to produce a fake marriage certificate to
make it appear that their children were legitimate in their birth certificates. Can they be
considered as legitimate children and therefore get the share that is entitled to a
legitimate child? Can I contest this in court?
Resource speaker: Yes, he can contest that in court. He can contest the status of a child
on matters of legitimacy.
36. Host: there is a presumption of regularity between marriage certificate and birth
certificate?
Resource speaker: Yes, when it is proper on its face but if it does not reflective on what
really happened, you only can prove it there.
Host: Can I clarify that he cannot contest it collaterally?
Resource speaker: Yes, direct action.
37. Caller: A Chinese family, tatlong lalaki, tatlong babae. They only give the properties to
the boys. Kami po bang mga babae may habol sa properties since lahat naman kami
legitimate children.
Resource speaker: You all have the right under Philippine Law. Caller: Na-trasfer na po
20-30 years.
 Resource speaker: may prescriptive period yan. Every action has prescriptive period. It
has to take into account the discovery ng transfer. It is 10 years.

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31. Question from May: My mother is the eldest daughter of my grandfather. She has four
siblings and they are supposed to inherit his assets amounting to P10M. My uncles and aunts
are claiming that my mother doesn’t have a share in this because she was disinherited by my
grandfather years ago but there are no legal papers proving this. What legal steps can we take
to secure our mother’s rights to her inheritance?
Resource speaker: She just need to open the estate and claim what’s due to her.
32. Host: to open the estate, what they have to do?
Resource speaker: File an estate proceeding before the RTC and put the amount of estate, filing
fees, blah blah blah.
33. Host: Absence that documents proving that she was disinherited, the presumption is she
inherits.
Resource speaker: Yes.
34. Caller: yung auntie ko widow. Namatay po sya ang mga kapatid po nya namatay lahat.
Wala po syang last will and testament. Ang natira nalang po ay mga pamangkin nya.
Resource speaker: they will all inherit in equal shares.
35. Question from Remy: My father had four properties in his name. He and my mother
were legally separated before he passed away. He was living with another woman and they had
two children together. They were able to produce a fake marriage certificate to make it appear
that their children were legitimate in their birth certificates. Can they be considered as
legitimate children and therefore get the share that is entitled to a legitimate child? Can I
contest this in court?
Resource speaker: Yes, he can contest that in court. He can contest the status of a child on
matters of legitimacy.
36. Host: there is a presumption of regularity between marriage certificate and birth
certificate?
Resource speaker: Yes, when it is proper on its face but if it does not reflective on what really
happened, you only can prove it there.
Host: Can I clarify that he cannot contest it collaterally?
Resource speaker: Yes, direct action.
37. Caller: A Chinese family, tatlong lalaki, tatlong babae. They only give the properties to
the boys. Kami po bang mga babae may habol sa properties since lahat naman kami legitimate
children.
Resource speaker: You all have the right under Philippine Law. Caller: Na-trasfer na po 20-30
years.
Resource speaker: may prescriptive period yan. Every action has prescriptive period. It has to
take into account the discovery ng transfer. It is 10 years.