Art. 946-959
Art. 946-959
Art. 946-959
Bimb entered into an agreement with Kris that Bimb may till the land that Kris owns
for 5 years. After 3 years, Kris died. Now, the heirs of Kris goes to Bimb wanting
to retrieve the use of the land. Can they?
1. Yes, because the usufruct was extinguished upon Kris’ death
2. No, because there was notice prior to the retrieval
3. No, because the usufruct is not yet extinguished
Art. 947. The legatee or devisee acquires a right to the pure and simple legacies
or devises from the death of the testator, and transmits it to his heirs.
(jt/joline)
Aga is CEO of a real estate company. He worries about the future position of his
son, B, in the company as he is always out and about doing God knows what. The
Board of Directors are already worrying about the company’s future just in case it
will be left in Balong’s hand. To remedy the situation, Aga wrote a will leaving
certain real properties to majority of the stockholders with a condition that they
will get such devises if by the time Balong becomes 30, he still does not have his
act together. Aga died when Balong was 28 years old. Two years after B is now
playing an active part in managing the company. Chocolate, one of the stockholder
named in the will died. Now, the heirs of C filed for probate of his will which
includes the property Aga bequeathed to him. Balong opposed. Will Balong’s
opposition prosper?
1. Yes, because the condition in the will was not fulfilled
2. Yes, because the heirs of Chocolate has no right over the property
3. No, because the heirs of Balong deserves the property
Art. 948. If the legacy or device is of a specific and determinate thing pertaining
to the testator, the legatee or devisee acquires the ownership thereof upon the
death of the testator, as well as any growing fruits, or unborn offspring of
animals, or uncollected income; but not the income which was due and unpaid before
the latter's death.
From the moment of the testator's death, the thing bequeathed shall be at the risk
of the legatee or devisee, who shall, therefore, bear its loss or deterioration,
and shall be benefited by its increase or improvement, without prejudice to the
responsibility of the executor or administrator. - Dims/Doms
Alberto has named Bernarda as a legatee, leaving him with a beautiful house and lot
he owns along Perea Street. During the time it was still owned by Alberto, the
market value was at rock bottom after people found out the last occupant, Rod, is a
DDS keyboard warrior. Before the death of Alberto, the house started becoming a
prime spot, especially for the millenials, gaining a lot of income through social
media platforms. However, Bernarda passed away shortly after. Rod, being filled
with grief, finally decided to pay the extremely overdue rent from his stay at the
house. Decide on the acquisition of the income and the rent.
1. Bernarda acquires both the rent and the income
2. The estate receives both the rent and income
3. Bernarda acquires the income, the estate receives the rent
4. Bernarda acquires the rent, the estate receives the income
Art. 949. If the bequest should not be of a specific and determinate thing, but is
generic or of quantity, its fruits and interests from the time of the death of the
testator shall pertain to the legatee or devisee if the testator has expressly so
ordered. - Pajo
Freddie Mercury is an OPM artist who loves Mary Austin, a Filipina he met in before
his first gig. Freddie Mercury wrote and co-wrote many musical hits. He was
diagnosed with AIDS and he was only given a few years to live. He was given
medication to slow down the virus. Before he quit the medication the virus, he
wrote a will stating that any of his love songs or musical works shall be
bequeathed to Mary Austin. He died due to bronchial pneumonia due to aids. He died
in 1991. His will is submitted to probate in RTC QC in 1992.
During the execution of the will, Mary Austin choose the song “Love of My Life” in
1993. The song was released on 1975. From what year should she claim her interest
from the song?
1. 1975
2. 1991
3. 1992
4. 1993
Later, Mary Austin found a codicil of Freddie. It stated that all the fruits and
interests of the chosen song of Mary will begin upon his death. From what year will
Mary Austin count for the interests?
1. 1975
2. 1991
3. 1992
4. 1993
Art. 950. If the estate should not be sufficient to cover all the legacies or
devises, their payment shall be made in the following order:
(1) Remuneratory legacies or devises;
(2) Legacies or devises declared by the testator to be preferential;
(3) Legacies for support;
(4) Legacies for education;
(5) Legacies or devises of a specific, determinate thing which forms a part of the
estate;
(6) All others pro rata.
* Uy
Article 950 is irrelevant if after the payment of all claims against the
estate, the estate tax, and the expenses of administration, the residual estate is
sufficient to pay all the legacies and devises made by the testator in his will. If
the testator is survived by compulsory heirs, the order of preference in the
distribution of the estate is governed by Art 911.
It’s requisites are: (1) the testator gave various legacies and devises;
(2) the estate does not have sufficient assets to pay all these legacies and
devises after the payment of the claims against the estate; (3) the testator has no
compulsory heir.
Art. 951. The thing bequeathed shall be delivered with all its accessions and
accessories and in the condition in which it may be upon the death of the testator.
- calvo
Accessions are fruits (natural, industrial, and civil) of, or additions to, or
improvements upon a principal thing
Accessories are things joined to, or included with , the principal thing for the
latter’s embellishment, better use, or completion.
Art. 1166. The obligation to give a determinate thing includes that of delivering
all its accessions and accessories, even though they may not have been mentioned.
Santos v. Buenaventura (September 22, 1966) Although in her petition for delivery
of a specific legacy, appellant did not expressly seek recovery of the fruits or
rents of the property given to her in devise, she should receive the said fruits or
rents. Article 948 of the New Civil Code provides that a devise of a specific thing
includes its fruits and income accruing after the testator's death. And Article 951
of the same Code provides that these fruits and income shall be delivered with the
thing devised.
Question:
The Accessories and accession together with the thing bequeathed will be delivered:
1. Upon the Execution of the will
2. Upon the death of the testator
3. Upon order of the court
Art. 952. The heir, charged with a legacy or devise, or the executor or
administrator of the estate, must deliver the very thing bequeathed if he is able
to do so and cannot discharge this obligation by paying its value.
Legacies of money must be paid in cash, even though the heir or the estate may not
have any.
The expenses necessary for the delivery of the thing bequeathed shall be for the
account of the heir or the estate, but without prejudice to the legitime. -
(Balquiedra)
Q: Can A the heir refuse to let go of the thing bequeathed and replace it with
cash?
1. Yes, the heir can refuse to give the thing bequeathed
2. No, the heir must give the thing bequeathed
3. The Court decides
Q: Where should A the heir take the expenses for the delivery of the thing
bequeathed from?
1. A’s legitime
2. The account of A the heir
3. The account of A the heir or the estate
Art. 953. The legatee or devisee cannot take possession of the thing bequeathed
upon his own authority, but shall request its delivery and possession of the heir
charged with the legacy or devise, or of the executor or administrator of the
estate should he be authorized by the court to deliver it. - Uy
Art. 954. The legatee or devisee cannot accept a part of the legacy or devise and
repudiate the other, if the latter be onerous.
Should he die before having accepted the legacy or devise, leaving several heirs,
some of the latter may accept and the others may repudiate the share respectively
belonging to them in the legacy or devise. - coronel
Art. 955. The legatee or devisee of two legacies or devises, one of which is
onerous, cannot renounce the onerous one and accept the other. If both are onerous
or gratuitous, he shall be free to accept or renounce both, or to renounce either.
But if the testator intended that the two legacies or devises should be inseparable
from each other, the legatee or devisee must either accept or renounce both. Any
compulsory heir who is at the same time a legatee or devisee may waive the
inheritance and accept the legacy or devise, or renounce the latter and accept the
former, or waive or accept both. (leo)
Q: Al, the testator, is survived by three compulsory heirs: his children, Ben and
Leticia, and Barbara, his wife. In his will, Al’s only disposition is a legacy in
favour of Barbara, for the sum of PhP 30 million, in consideration of putting up
with him for all that time. At the time of his death, Al’s net estate was PhP 90
million. Barbara repudiated the legacy in her favour, on the ground that she had
not actually had to “put up” with Al, since she loved him and enjoyed all their
time together.
Art. 956. If the legatee or devisee cannot or is unwilling to accept the legacy or
devise, or if the legacy or devise for any reason should become ineffective, it
shall be merged into the mass of the estate, except in cases of substitution and of
the right of accretion. (Cha)
Q: Shonda, single and without any heir, refused to accept the legacy bequeathed to
her by her father because she harboured hurt over her father stealing her
boyfriend, Jon, when he was living. Where will her supposed legacy go?
Choices:
1. To Jon, because the father loved him so
2. To Shonda anyways because it is her right and she cannot refuse the same
3. To the mass of the estate
4. To the State
Q: In her will, Rose bequeathed the necklace, Heart of the Ocean, to her
granddaughter, Lizzy. However, at the time of her death, the necklace’s diamond
pendant had been separated from the chain, crushed into several pieces, and reset
in a tiara. Can Lizzy claim the tiara as a device in her favor?
1. Yes, the tiara is merely a different form of what had been bequeathed her.
2. Yes, Rose intended that Lizzy receive the Heart of the Ocean in whatever form or
condition it may be in at the time of her death
3. No, the tiara is separate and distinct from the Heart of the Ocean bequeathed
4. No, the transformation of the Heart of the Ocean resulted in the loss of its
form so as to invalidate the legacy.
Q: On June 30, 2018, Hugo Crain entered into a pacto de retro sale of his Forbes
Park property in favor of William Hill. Upon his death on September 29, 2018, it
was discovered that he had left a Will stipulating among others a devise of the
aforementioned Forbes Park Property in favor of his favorite daughter, Nell. Nell
brought an action to redeem the property on October 9, 2018. Will the action
prosper?
1. No, the sale cannot be impugned after Hugo’s death.
2. No, the sale must be presumed as a revocation of the devise in favor of Nell.
3. Yes, Nell can redeem the property under the conditions of the pacto de retro
sale.
4. Yes, Nell can redeem the property provided the period to redeem has not yet
lapsed.
Q: In his will, Chidi bequeathed his professional library consisting of, among
others, the first editions of The Complete Works of Immanuel Kant, Machiavelli, and
St. Thomas Aquinas, to his sister-in-law, Tahani. All of these books had been
appraised by a collector recently. A month before Chidi’s death, lightning struck a
tree by his home, sparking a fire that destroyed his entire library. Tahani later
brought an action to recover from his estate the value of the professional library
as appraised by the collector. Will her action prosper?
What is the effect if there is a mistake as to the name of the thing bequeathed or
devised?
a. Is of no consequence, if it is possible to identify the thing which the
testator intended to bequeath or devise.
b. Is of no consequence, however, the mistake or ambiguity be resolved in order
to give effect to the testamentary disposition.
c. The devise or legacy is considered passed onto the next person on the will.
d. The devise or legacy is returned to the estate and forms part of the
legitime.
Art. 959. A disposition made in general terms in favor of the testator's relatives
shall be understood to be in favor of those nearest in degree. (jt/joline)