ARTICLE 924. All things and rights which are within the commerce of man may be bequeathed or devised. (865a)
• Everything can be bequeathed or devise as long as within the commerce of man
Things which cannot be bequeathed or devised:
1. Res Communes
2. Property of Public Dominion 3. Property of Public Use 4. Res Nullus
5. Illicit things
6. Purely Personal or Intransmissible Rights
ARTICLE 925. A testator may charge with legacies and devises not only his compulsory heirs but also the legatees and devisees.
The latter shall be liable for the charge only to the extent of the value of the legacy or the devise received by them. The
Edin Ann Buiser, Karla Deles, Rey Mar Ondi and Jazzie Sarona); Wills and Succession by Paras compulsory heirs shall not be liable for the charge beyond the
amount of the free portion given them. (858a)
GENERAL RULE: When the will is silent, the estate has the duty of effecting the legacy or devise
EXCEPTION: If the testator charges his heirs with the legacy or devise, then ALL of the heirs, including the legatees or devisees, has the duty of effecting the legacy or devise. The value of the legacy or devise given by the heirs shall be proportion to the shares which they received.
EXCEPTION TO THE EXCEPTION: But is a SPECIFIC HEIR or LEGATEE OR DEVISES is charged with the burden of giving this legacy or devise, then that legatee, devisee, or heir alone shall bear the burden of giving out the legacy or devise. Even the compulsory heirs may be charged with the burden of the legacy or devise but it should not exceed the amount of the free portion given
Kinds of Legacy
1.
LEGACY PROPER – The estate has the duty togive the legacy.
2.
PRE-LEGACY – The duty is given to the estatebut the gift is given to a specific heir or legatee. The legacy is made specific or determinate so a car, a house and lot but still the duty to give the legacy or devise is upon the estate.
3.
SUB-LEGACY/SUB-DEVISE – this is the onereferred to under Article 925, when a legacy is charged to an heir, or a legatee or a devisee.
ARTICLE 926. When the testator charges one of the heirs with a legacy or devise, he alone shall be bound.
Should he not charge anyone in particular, all shall be liable in the same proportion in which they may inherit. (859) ARTICLE 927. If two or more heirs take possession of the estate, they shall be solidarily liable for the loss or destruction of a thing devised or bequeathed, even though only one of them should have been negligent. (n)
• Even if they are solidarily liable, the heir who is not negligent can demand reimbursement form the one who was negligent
• If the thing is lost through a fortuitous event, the heirs do not have any obligation to deliver.
• If it is intentional, there is no solidary liability. The one who is at fault is the only one liable.
ARTICLE 928. The heir who is bound to deliver the legacy or devise shall be liable in case of eviction, if the thing is indeterminate and is indicated only by its kind. (860)
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If indeterminate or generic, the heir bound to deliver is liable for eviction. There is warranty against eviction because being indeterminate or being generic, the heir charged should not have delivered thing which is defective.•
If specific, the heir is not liable because his duty is merely to deliver what the testator has chosen. It is beyond the power of the heir, legatee or devisee charged. He is merely charged with he duty of delivering the very same thing mentioned by the testator. He has no liability for eviction.ARTICLE 929. 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. (864a)
GENERAL RULE: The legacy or devise shall be valid only to that portion which is owned by the testator EXCEPTION: If the testator EXPRESSLY declares that he gives the thing in its entirety
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Article 929 presupposes that the testator knows that he is not the full owner of the thing but still he has interest or he is a part owner•
The knowledge of the testator can be proved by the will itself or by evidence aliunde (evidence oustside the will).•
But if the testator wants to give the property in its entirety, he must expressly provide it in the will.ARTICLE 930. The legacy or devise of a thing belonging to another person is void, if the testator erroneously believed that the thing pertained to him. But if the thing bequeathed, though not belonging to the testator when he made the will, afterwards becomes his, by whatever title, the disposition shall take effect. (862a)
ARTICLE 929 ARTICLE 930
The testator is a part- owner or has a part interest AND he knows that he a part interest or ownership in the thing bequeathed or devise.
The testator has no interest whatsoever but he erroneously believed that he owns the property.
ARTICLE 931. 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. (861a)
Article 930 Article 931
The testator does not own the property but he erroneously believed that he owns the property
The testator knows that the property is not his and he makes an ORDER that the property shall be given to the devisee or to the legatee.
If the owner of the property demands an excessive price or refuses to alienate the property then, that is the time when the estate, or the heir, legatee or devisee charged with the duty of giving shall give a reasonable or just value of the thing.
If there’s an order, the estate, or the heir, legatee or devisee charged MUST ACQUIRE it and give it to the legatee or devisee.
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If the testator knows that he does not own the property but gives it to the devisee or legatee and there is no order that it shall be acquired by the estate, the devise or legacy is still valid but the estate, or the heir, legatee or devisee charged with the duty of giving the property has a choice. He may have or acquire the property and give it to the legatee or devisee or he may just pay the just value.• If there is an order, follow the order
• But if the owner of the property does not want to alienate the property, the heir or the estate must pay the just value
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If there is no order that it shall be acquired by the estate, the estate has the choice. He may just acquire the property or pay the just value thereof.•
The order that the thing belonging to another be acquired NEED NOT BE EXPRESS. It may be implied.Sources & References: Notes of Atty. Lielanie Yangyang-Espejo; Lectures of Atty. Lielanie Yangyang-Espejo (as transcribed by Jo Anne Beltran, Edin Ann Buiser, Karla Deles, Rey Mar Ondi and Jazzie Sarona); Wills and Succession by Paras
Remember the difference:
• Article 929 – he owns only a part of the thing
• Article 930 – he does not own the thing and he does not know that he does not own the thing
• Article 931 – he does not own the thing but at the time of the execution of the will, he knew that he was not the owner of the thing
ARTICLE 932. The legacy or devise of a thing which at the time of the execution of the will already belonged to the legatee or devisee shall be ineffective, even though another person may have some interest therein.
If the testator expressly orders that the thing be freed from such interest or encumbrance, the legacy or devise shall be valid to that extent. (866a)
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This article talks of a thing given as a devise or as a legacy which at the time of the execution of the will already belongs to the legatee or devisee•
The point to remember is THE TIME OF THE EXECUTION OF THE WILL•
In this case, the legacy or devise would be void because it would be a legal impossibility for the testator to give to the legatee something that the legatee already owns•
Even if the thing is mortgaged to another person, the mortgagor still remains to be the owner of the thing. The legacy or devise will still be void.•
But if there is an order from the testator that the thing be saved from the mortgage, the legacy will be valid only to such extent. Upon the death of the testator, the estate has to pay the debt so that the property may be saved from the mortgage.ARTICLE 933. If the thing bequeathed belonged to the legatee or devisee at the time of the execution of the will, the legacy or devise shall be without effect, even though it may have subsequently alienated by him.
If the legatee or devisee acquires it gratuitously after such time, he can claim nothing by virtue of the legacy or devise; but if it has been acquired by onerous title he can demand reimbursement from the heir or the estate. (878a)
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1st paragraph: At the time of the execution ofthe will, the legatee or devisee is the owner
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2nd paragraph: At the time of the execution ofthe will, the legatee or devisee is NOT the owner. He can still get something if he acquires the property subsequently by virtue of onerous title. If it was acquired by gratuitous title, he can claim nothing from the estate of the testator.
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This also applies even if at the time of the execution of the will, the testator was the owner of the thing.What should be reimbursed?
1.
If thru sale – the price paid therefore2.
If thru barter – the value of the thing exchanged3.
If thru an onerous donation (there is consideration, not pure liberality) – the value of the burden imposed4.
If thru adjudicacion en pago – the value of the credit, interest and costWho reimburses?
1.
The estate if no one has been charged in particular2. The heir, legatee, or devisee who has been charged
ARTICLE 934. If the testator should bequeath or devise something pledged or mortgaged to secure a recoverable debt
before the execution of the will, the estate is obliged to pay the debt, unless the contrary intention appears.
The same rule applies when the thing is pledged or mortgaged after the execution of the will.
Any other charge, perpetual or temporary, with which the thing bequeathed is burdened, passes with it to the legatee or devisee. (867a)
• Here, the property devised or bequeathed is subject to a pledge or mortgage to secure a recoverable debt
• The estate has the obligation to free the land from the mortgage
• This will apply even if the mortgage was made after the execution of the will or before
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The estate has no obligation to free the property from the burden imposed by a bond because this article only applies to a pledge or a mortgage or anything which secures a recoverable debt. If the property bond is constituted upon a property, that is not a recoverable debt.•
The same thing if the property is leased. The estate has no obligation to free the land from the lease. The lease is not a pledge or a mortgage.•
In these cases, the legatee or devisee has the obligation to respect the lease or have the obligation to respect the property bondARTICLE 935. The legacy of a credit against a third person or of the remission or release of a debt of the legatee shall be effective only as regards that part of the credit or debt existing at the time of the death of the testator.
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. In the second case, by giving the legatee an acquittance, should he request one.
In both cases, the legacy shall comprise all interests on the credit or debt which may be due the testator at the time of his death. (870a)
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This article refers to LEGACY OF CREDITand LEGACY OF REMISSION
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In Legacy of Credit, the testator (creditor) has some receivables from X (debtor). In his will, the testator provides that if upon his death, the said obligation is not yet paid, then, A will have the right to whatever amount is paid by X or A may proceed against X.
The law says “only as regards that part of the credit or debt existing at the time of the death of the testator”
When property is acquired after the execution of the will but before the death, those properties will not pass to the heir (Article 793)•
In Legacy of Remission, the testator provides upon his death that whatever obligation X has at that time is already condoned or remitted.
This refers to only such part existing at the time of the death of the testator
This legacy of remission stands in the same status as donation because when the testator dies, the value of the debt should be added or collated to the gross estate
The legacy of remission also carries with it the duty of the estate of the testator to give the legatee an acquittal, like a note indicating that the legatee has no more debtARTICLE 936. The legacy referred to in the preceding article shall lapse if the testator, after having made it,
Edin Ann Buiser, Karla Deles, Rey Mar Ondi and Jazzie Sarona); Wills and Succession by Paras should bring an action against the debtor for the payment of
his debt, even if such payment should not have been effected at the time of his death.
The legacy to the debtor of the thing pledged by him is understood to discharge only the right of pledge. (871)