B. Testamentary Succession

Prohibitions in donations applies to testamentary succession (Art. 1028 in relation to Art. 739)

Those who are disqualified from receiving donations under Article 739.

Under Article 739, the following are disqualified from receiving testamentary dispositions from the parties specified:

• Those made between persons who are guilty of adultery, or concubinage at the time the testamentary disposition is made;
• Those made between persons found guilty of the same criminal offense, in consideration thereof;
• Those made to a public officer or his wife, descendants and ascendants, by reason of his office;

Dispositions in Favor of the Poor in General (Art. 1030)

Testamentary provisions in favor of the poor in general, without designation of particular persons or of any community, shall be deemed limited to the poor living in the domicile of the testator at the time of his death, unless it should clearly appear that his intention was otherwise.

The designation of the persons who are to be considered as poor and the distribution of the property shall be made by the person appointed by the testator for the purpose; in default of such person, by the executor, and should there be no executor, by the Municipal Trial Court judge (called the justice of the peace in Article 1030), the mayor, and the municipal treasurer, who shall decide by a majority of votes all questions that may arise. In all these cases, the approval of the Regional Trial Court (called the Court of First Instance in Article 1030) shall be necessary.

The preceding paragraph shall apply when the testator has disposed of his property in favor of the poor of a definite locality.

Testamentary Provision in Favor of a Disqualified Person is Void (Art. 1031)

A testamentary provision in favor of a disqualified person, even though made under the guise of an onerous contract, or made through an intermediary, shall be void.

Incapacity by Reason of Unworthiness and Effects of Condonation

Two Kinds of End

• Physical end – where the writing stops
• Logical end – where the last testamentary disposition ends

Signing at either end is permissible. (Balane, supra)

Elements of Preterition (OCLiT)

• There must be a total Omission of one, some or all of the heir/s in the will, without the heir being expressly disinherited.
• The omission must be that of a Compulsory heir in the direct line.
• The omitted compulsory heir must be Living or at least conceived at the time of testator’s death. (Art. 854)
• The omission must be complete and Total in character. The heir in question must have received nothing from the testator by way of:
• Testamentary succession;
• Legacy or devise;
• Donation inter vivos;
• Intestacy (Balane, supra, p. 266)

NOTE: What constitutes preterition is not omission in the will but being completely left out of the inheritance. (Seangio v. Reyes, G.R. No. 140371- 72)

Amount (Art. 944, par. 3-4)

• The amount fixed by the testator; or
• That which the testator, during his lifetime, used to give the legatee by way of support, unless markedly disproportionate to the value of the disposable portion.
• That which is reasonable, as determined by:
• The social standing and circumstances of the legatee, and
• The value of the disposable portion of the estate.