771. 808. Alienations of hereditary property, and acts of administration performed by the excluded heir, before the judicial order of exclusion, are valid as to the third persons who acted in good faith; but the co-heirs shall have a right to recover damages from the disqualified heir. An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child. 989. Art. (1040), Art. (n), Art. By future property is understood anything which the donor cannot dispose of at the time of the donation. When therefore combined with Articles 19 and 20, Article 21 broadens our law on civil wrongs; making it more difficult to conceive of any malevolent exercise of a right which could not be sanctioned; and, thus making it more adaptable than the Anglo-American law on torts. The action for revocation or reduction on the grounds set forth in article 760 shall prescribe after four years from the birth of the first child, or from his legitimation, recognition or adoption, or from the judicial declaration of filiation, or from the time information was received regarding the existence of the child believed dead. (639), Art. (943a), Art. It shall be sufficient if the testator was able at the time of making the will to know the nature of the estate to be disposed of, the proper objects of his bounty, and the character of the testamentary act. In the first case, the estate shall comply with the legacy by assigning to the legatee all rights of action it may have against the debtor. If a person attests the execution of a will, to whom or to whose spouse, or parent, or child, a devise or legacy is given by such will, such devise or legacy shall, so far only as concerns such person, or spouse, or parent, or child of such person, or any one claiming under such person or spouse, or parent, or child, be void, unless there are three other competent witnesses to such will. The action for a declaration of incapacity and for the recovery of the inheritance, devise or legacy shall be brought within five years from the time the disqualified person took possession thereof. A testamentary disposition may be made to the State, provinces, municipal corporations, private corporations, organizations, or associations for religious, scientific, cultural, educational, or charitable purposes. The painter, sculptor or other artist shall have dominion over the product of his art even before it is copyrighted. 979. If a person legally entitled to the estate of the deceased appears and files a claim thereto with the court within five years from the date the property was delivered to the State, such person shall be entitled to the possession of the same, or if sold the municipality or city shall be accountable to him for such part of the proceeds as may not have been lawfully spent. (n), Art. In default of the father or mother, an illegitimate child shall be succeeded by his or her surviving spouse who shall be entitled to the entire estate. (n), Art. The period during which the obligee was prevented by a fortuitous event from enforcing his right is not reckoned against him. Philippine Civil Code Article 1156 defines obligation as a juridical necessity to give, to do, or not to do. Any other charge, perpetual or temporary, with which the thing bequeathed is burdened, passes with it to the legatee or devisee. The old possession is not revived if a new possession should be exercised by the same adverse claimant. Art. (n), Art. A corporation or association authorized to conduct the business of a trust company in the Philippines may be appointed as an executor, administrator, guardian of an estate, or trustee, in like manner as an individual; but it shall not be appointed guardian of the person of a ward. 986. 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. Art. Should children of the deceased and descendants of other children who are dead, survive, the former shall inherit in their own right, and the latter by right of representation. The latter shall succeed without distinction of lines or preference among them by reason of relationship by the whole blood. Parents or guardians may repudiate the inheritance left to their wards only by judicial authorization. (n), Art. In order that representation may take place, it is necessary that the representative himself be capable of succeeding the decedent. (n). Art. Art. When the widow or widower survives with legitimate parents or ascendants and with illegitimate children, such surviving spouse shall be entitled to one-eighth of the hereditary estate of the deceased which must be taken from the free portion, and the illegitimate children shall be entitled to one-fourth of the estate which shall be taken also from the disposable portion. (n). Every devise or legacy shall cover all the interest which the testator could device or bequeath in the property disposed of, unless it clearly appears from the will that he intended to convey a less interest. If a periodical pension, or a certain annual, monthly, or weekly amount is bequeathed, the legatee may petition the court for the first installment upon the death of the testator, and for the following ones which shall be due at the beginning of each period; such payment shall not be returned, even though the legatee should die before the expiration of the period which has commenced. An heir is a person called to the succession either by the provision of a will or by operation of law. In default of the father and mother, the ascendants nearest in degree shall inherit. A direct line is that constituted by the series of degrees among ascendants and descendants. If the testator should institute his brothers and sisters, and he has some of full blood and others of half blood, the inheritance shall be distributed equally unless a different intention appears. Prescription, acquisitive and extinctive, runs in favor of, or against a married woman. Art. (872). A married woman may dispose by will of all her separate property as well as her share of the conjugal partnership or absolute community property. (1950a), Art. It is equally possible to consider law as included in morality.”. 916. When a donation is made to several persons jointly, it is understood to be in equal shares, and there shall be no right of accretion among them, unless the donor has otherwise provided. 800. In case brothers and sisters of the half blood, some on the father's and some on the mother's side, are the only survivors, all shall inherit in equal shares without distinction as to the origin of the property. 1123. (867a). A partition made with preterition of any of the compulsory heirs shall not be rescinded, unless it be proved that there was bad faith or fraud on the part of the other persons interested; but the latter shall be proportionately obliged to pay to the person omitted the share which belongs to him. 1135. Conditions imposed by the testator upon the heirs shall be governed by the rules established for conditional obligations in all matters not provided for by this Section. Art. 1039. (1041), Art. 917. (1076). The intention of the new Civil Code is to foster this rugged individualism, which is the very life of democracy. Possession is interrupted for the purposes of prescription, naturally or civilly. 548. When the testator charges one of the heirs with a legacy or devise, he alone shall be bound. Should any of the heirs sell his hereditary rights to a stranger before the partition, any or all of the co-heirs may be subrogated to the rights of the purchaser by reimbursing him for the price of the sale, provided they do so within the period of one month from the time they were notified in writing of the sale by the vendor. And adopted instead the modern thinking, which is to grant indemnity for damages in cases where there is an abuse of right, even when the act is legal. (1069a). (n), Art. The Court held that while the employees had the right to ensure the item was paid for, that did not justify the excessive means employed by the employees against the woman. 1077. 751. Article 32 is patterned after the Anglo-American concept of tort. 865. (675a), Art. Art. Under Article 434 of the Civil Code, to successfully maintain an action to recover the ownership of a real property, the person who claims a better right to it must prove two (2) things: first, the identity of the land claimed; and second, his title thereto. 1149. â though the foregoing is also an unquestioned rule, yet, it is necessary to embody it in the code, so that it may tip the scales in favorâ¦ One who has compulsory heirs may dispose of his estate provided he does not contravene the provisions of this Code with regard to the legitime of said heirs. 809. The testator cannot impose any charge, condition, or substitution whatsoever upon the legitimes prescribed in this Code. (1960a), Art. (1042a), Art. (994), Art. 1032. Two or more persons cannot make a will jointly, or in the same instrument, either for their reciprocal benefit or for the benefit of a third person. (1969), Art. (763a). To the net value of the hereditary estate, shall be added the value of all donations by the testator that are subject to collation, at the time he made them. 926. (611), Art. Art. The following actions must be filed within one year: Art. (n), Art. (1944a), Art. 759. If the widow or widower should survive with brothers and sisters, nephews and nieces, she or he shall inherit one-half of the estate, and the latter the other half. Real actions over immovables prescribe after thirty years. A codicil is supplement or addition to a will, made after the execution of a will and annexed to be taken as a part thereof, by which disposition made in the original will is explained, added to, or altered. If legitimate ascendants are left, the illegitimate children shall divide the inheritance with them, taking one-half of the estate, whatever be the number of the ascendants or of the illegitimate children. Disinheritance without a specification of the cause, or for a cause the truth of which, if contradicted, is not proved, or which is not one of those set forth in this Code, shall annul the institution of heirs insofar as it may prejudice the person disinherited; but the devises and legacies and other testamentary dispositions shall be valid to such extent as will not impair the legitime. 898. Art. (991). (614). 1044. When the testator institutes some heirs individually and others collectively as when he says, "I designate as my heirs A and B, and the children of C," those collectively designated shall be considered as individually instituted, unless it clearly appears that the intention of the testator was otherwise. 1027. (1047). In all these cases, the approval of the Court of First Instance shall be necessary. Note: Photo taken from Reddit. (n), Art. A will made in the Philippines by a citizen or subject of another country, which is executed in accordance with the law of the country of which he is a citizen or subject, and which might be proved and allowed by the law of his own country, shall have the same effect as if executed according to the laws of the Philippines. Testamentary dispositions that impair or diminish the legitime of the compulsory heirs shall be reduced on petition of the same, insofar as they may be inofficious or excessive. 889. (1930a). (1) When the parents have abandoned their children or induced their daughters to live a corrupt or immoral life, or attempted against their virtue; (2) When the parent or ascendant has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants; (3) When the parent or ascendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found to be false; (4) When the parent or ascendant has been convicted of adultery or concubinage with the spouse of the testator; (5) When the parent or ascendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made; (6) The loss of parental authority for causes specified in this Code; (7) The refusal to support the children or descendants without justifiable cause; (8) An attempt by one of the parents against the life of the other, unless there has been a reconciliation between them. 1066. A series of degrees forms a line, which may be either direct or collateral. Article 32 expands this by allowing a person to claim damages against a private person who violates his constitutional rights, such as the right to privacy and free exercise of religion. 756. 1021. If the testator, heir, or legatee owns only a part of, or an interest in the thing bequeathed, the legacy or devise shall be understood limited to such part or interest, unless the testator expressly declares that he gives the thing in its entirety. If a testamentary disposition admits of different interpretations, in case of doubt, that interpretation by which the disposition is to be operative shall be preferred. The Civil Code incorporated into the positive law of the Philippines very many claims that had remained only within the sphere of natural law. (n), Art. Accretion shall also take place among devisees, legatees and usufructuaries under the same conditions established for heirs. Art. (857). (646a). If the testator orders that a thing belonging to another be acquired in order that it be given to a legatee or devisee, the heir upon whom the obligation is imposed or the estate must acquire it and give the same to the legatee or devisee; but if the owner of the thing refuses to alienate the same, or demands an excessive price therefor, the heir or the estate shall only be obliged to give the just value of the thing. (841a), Art. The acceptance or repudiation of an inheritance, once made, is irrevocable, and cannot be impugned, except when it was made through any of the causes that vitiate consent, or when an unknown will appears. It is not conducive to civic spirit and to individual self-reliance and initiative to habituate the citizens to depend upon the government for the vindication of their own private rights. 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