ATENEO DE MANILA LAW SCHOOLRockwell Center, Makati City

ESTATE PLANNING2nd Semester, AY 2009 - 2010 Fridays, 3:00 p.m. to 4:00 p.m.

Professor: Atty. Angela C. Ylagan, C.P.A.1

Week 12: Friday, February 19, 2010 and Week 13: Friday, February 26, 2010

READING ASSIGNMENT and QUIZ COVERAGE:

Topic Law Pages of TextbookDiscussion / Recitation Quiz Coverage2

III. With Estate PlanningB. Modes of Transfer of Property

1. Transfers Mortis Causaa. Will

Articles 783 to 959, Civil Code;

Article 174, 176, 189 Family Code

Articles 783 to 959, Civil Code;

Article 174, 176, 189 Family Code

Articles 783 to 959, Civil Code;

Article 174, 176, 189 Family Code

Attorney’s Oath3

Article 783 - Will, definedA will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate, to take effect after his death.

1. Manuel L. Lee vs. Regino B. Tambago, A.C. No. 5281, February 12, 2008

Article 805 - Every will, other than a holographic will, must be subscribed at the end thereof by the testator himself or by the testator's name written by some other person in his presence, and by his express direction, and attested and subscribed by three or more credible witnesses in the presence of the testator and of one another

2. Danilo Aluad, et al. vs. Zenaido Aluad, G.R. No. 176943, October 17, 20083. Paz Samaniego-Celada vs. Lucia D. Abena, G.R. No. 145545, June 30, 2008

Article 810 - Holographic will4. Roberto and Thelma Ajero vs. Court of Appeals, G.R. No. 106720, September 15, 1994

Article 811 - Probate of holographic will5. Eugenia Ramonal Codoy vs. Evangeline Calugay, G.R. No. 123486, August 12, 1999

Article 816 - Will of an alien6. Salud Teodoro Vda. De Perez vs. Zotico A. Tolete, G.R. No. 76714, June 2, 1994

Article 838 - No will shall pass property unless proved and allowed in accordance with Rules of CourtThis Court has interpreted this provision to mean, "until admitted to probate, [a will] has no effect whatever and no right can be claimed thereunder."

7. Sps. Ricardo Pascual vs. Court of Appeals, G.R. No. 115925, August 15, 2003

Article 842 - One who has no compulsory heirs may dispose by will of all his estate8. Octavio S. Maloles II vs. Pacita De Los Reyes Phillips, G.R. Nos. 129505 & 133359, January 31, 2000

Article 870 - Dispositions declaring all or part of the estate inalienable for more than twenty years are void9. Ramona B. Vda. De Aranas vs. Vicente B. Aranas, G.R. No. L-56249, May 29, 1987

Article 886 - Legitime10. Valente Raymundo vs. Teofista Isagon Vda. de Suarez, et al., G.R. No. 149017, November 28, 2008

Article 887 - Compulsory heirs11. Juan De Dios Carlos vs. Felicidad Sandoval, et al., G.R. No. 179922, December 16, 200812. Valente Raymundo vs. Teofista Isagon vda. De Suarez, et al., G.R. No. 149017, November 28, 2008

Paz Samaniego-Celada vs. Lucia D. Abena, G.R. No. 145545, June 30, 200813. State Land Investment Corp. vs. CIR, G.R. No. 171956, January 18, 2008

Compulsory heirs like the widowed spouse shall have a share in the estate by way of legitimes.

1 Member, Philippine Bar and New York Bar; Bachelor of Laws (LL.B.), University of the Philippines (U.P.) College of Law; Master of Laws (LL.M.), Boston University (BU) Massachusetts, U.S.A.2 Quizzes are given every week. The coverage for all weekly quizzes (11), long exams (4), mid-term exam, and final exam is cumulative (starting from and including all subject matter taken up during the first [1st] week of class until the current week of the quiz / exam to be given).3 Rules of Court, Appendix: Legal and Judicial Forms, Form 28, Attorney’s Oath.

14. Mary Jane D. Velasco vs. Charlie Doroin, et al., A.C. No. 5033, July 28, 2008Article 888 - Legitime of legitimate children and descendants

15. Regina Francisco vs. Aida Francisco-Alfonso, G.R. No. 138774, March 8, 2001

Article 895 - Legitime of acknowledged natural children and natural children by legal fiction16. Eloy Imperial vs. Court of Appeals, G.R. No. 112483, October 8, 1999