Notes in Succession By: Charisse Louie L. Amosco
Notes in Succession By: Charisse Louie L. Amosco
Exception: Where the acts referred to are executed (1) Ordinary Presumption of Death –
before the diplomatic or consular officials of the (ordinary absence)
Republic of the Philippines in a foreign country, the
solemnities established by Philippine laws shall be Absentee, who disappears under normal
observed in their execution. conditions, there being no danger or idea of death, shall
be presumed dead for the purpose of opening his
Exception to the exception: Prohibitive laws succession – at the end of TEN (10) YEARS or at the
concerning persons, their acts or property, and those end of FIVE (5) YEARS in case he disappeared after
which have for their object public order, public policy the age of SEVENTY- FIVE (75).
and good customs shall not be rendered ineffective by
laws or judgments promulgated, or by determinations or (2) Extraordinary Presumption of Death –
conventions agreed upon in a foreign country. (extraordinary or qualified absence)
DEFINITION OF TERMS:
(1) If the formalities required by law have not been 7. Production of Will
complied with; 8. Allowance of a Will
(2) If the testator was insane, or otherwise mentally
incapable of making a will, at the time of its 17. Doctrine of processual presumption
execution;
(3) If it was executed through force or under duress, 17. Renvoi doctrine
or the influence of fear, or threats;
18. Doctrine of supervening capacity
(4) If it was procured by undue or improper pressure
and influence on the part of the beneficiary or 19. Probate
some other person;
(5) If the signature of the testator was procured by 21. Revocation
fraud; and
22. Republication
(6) If the testator acted by mistake or did not intend
that the instrument he signed should be his will 23. Doctrine of absolute revocation
at the time of affixing his signature thereto.
24.
Notes in Succession
By: Charisse Louie L. Amosco
25. Principle of Instanter
31. Representation
Ambulatory
Movable; revocable; subject to change; capable of alte
ration.
An ambulatory court was the former name of the Court o
f King's Bench in England. It would convene wherever th
e king who presided over it could be found, moving its lo
cation as the king moved.
An ambulatory disposition is a judgment, decree, or sent
ence that is subject to change, amendment, or revocatio
n.
A will is considered ambulatory because as long as the p
erson who made it lives, it can always be changed or rev
oked.