PHILIPPINE LAW ON SUCCESSION
TITLE IV. SUCCESSION
Chapter 1
GENERAL PROVISIONS
A. DEFINITION AND CONCEPT OF SUCCESSION
Article 712. Ownership is acquired by occupation and by intellectual
creation.
Ownership and other real rights over property are acquired and
transmitted by law, by donation, by testate and intestate succession, and
in consequence of certain contracts, by tradition.
They may also be acquired by means of prescription.
Article 774. Succession is a mode of acquisition by virtue of which
the property, rights and obligations to the extent of the value of the
inheritance, of a person are transmitted through his death to another or
others either by his will or by operation of law.
1. Succession in general
2. Succession defined in its technical sense
B. BASES OF SUCCESSION
1. Natural Law- to provide for those he would leave behind; recognition of basic human nature
2. Socio-economic Postulate- to prevent wealth from becoming stagnant or inactive
3. Implicit attributes of ownership- right of the owner to dispose
C. ELEMENTS OF SUCCESSION
1. Decedent
Article 775. In this Title, “decedent” is the general term applied to the
person whose property is transmitted through succession, whether or
not he left a will. If he left a will, he is also called the testator.
2. Successors
Article 782. An heir is a person called to the succession either by
provision of a will or by operation of law.
Devisees and legatees are persons to whom gifts of real and
personal property are respectively given by virtue of a will.
1. Heirs
a. Compulsory or forced heir
b. Voluntary heir
c. Legal or intestate heir
2. Devisees or Legatees
3. Death of the decedent (Causal Element)
Article 777. The rights tit he succession are transmitted from the
moment of the death of the decedent.
Article 533. The possession of hereditary property is deemed transmitted
to the heir without interruption and from the moment of the death of the
decedent, in case the inheritance is accepted.
One who validly renounces and inheritance is deemed never to
have possessed the same.
Article 1042. The effects of the acceptance or repudiation shall always
retroact to the moment of the death of the decedent.
Article 390. After an absence of seven years, it being unknown whether
or not the absentee still lives, he shall be presumed dead for all
purposes, except for those of succession.
The absentee shall not be presumed dead for the purpose of
opening his succession till after an absence of ten years. If he
disappeared after the age of seventy-five years, an absence of five years
shall be sufficient in order that his succession may be opened.
Article 391. The following shall be presumed dead for all purposes,
including the division of the estate among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an
aeroplane which is missing, who has not been heard of for four
years since the loss of the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war, and has
been missing for four years;
(3) A person who has been in danger of death under other
circumstances and his existence has not been known for four
years.
Article 42. Civil personality is extinguished by death.
The effect of death upon the rights and obligations of the
deceased is determined by law, by contract or by will.
Article 41. For civil purposes, the fetus is considered born if it is alive at
the time it is completely delivered from the mother’s womb. However, if
the fetus had an intra-uterine life of less than seven months, it is not
deemed born if it dies within twenty-four hours after its complete
delivery from the maternal womb.
a. Requisites/conditions for the transmission of successional rights or requisites for
succession mortis causa
1. Death
a. Actual death
b. Presumed death
i. Ordinary presumption
ii. Extraordinary presumption
*effect of Absentee’s return or reappearance
2. Transmissible rights or properties
3. No predecease, no repudiation, capacitated to inherit
4. Inheritance (Objective element)
Article 776. The inheritance includes all the properties, rights and
obligations of a person which are not extinguished by his death.
Article 781. The inheritance of a person includes not only the property
and the transmissible rights and obligations existing at the time of his
death, but also those which have accrued thereto since the opening of
the succession.
Article 1347. All things which are not outside the commerce of men,
including future things, may be the object of a contract. All things which
are not intransmissible may also be the object of contracts.
No contract may be entered into upon future inheritance except
in cases expressly authorized by law.
All services which are not contrary to law, morals, good customs,
public order, or public policy may likewise be the object of a contract.
a. Succession distinguished from Inheritance
b. What inheritance includes
1. Properties
*all properties
Except:
-res nullius
-res communes
-those prohibited by law
-those incapable of appropriation
2. Rights
*General rule:
*Criteria in determining intransmissible rights
3. Obligations
General rule: All obligations are transmissible.
Exceptions:
1. Purely personal
2. Non-transferrable by law
3. Non-transferrable by contract
*Monetary obligations/debts
Cases:
1. Viardo vs Belmonte, GR No. L-14122, August 21, 1962
2. Pamplona vs Moreto, GR No. L-33187, March 31, 1980
3. Rabadilla vs CA, GR No. 113725, June 29, 2000
Insert: Alvarez case
D. OPENING OF SUCCESSION
Article 777. The rights to the succession are transmitted from the
moment of the death of the decedent.
Article 130(FC). Upon the termination of the marriage by death, the
conjugal partnership property shall be liquidated in the same proceeding
for the settlement of the estate of the deceased.
If no judicial settlement proceeding is instituted, the surviving spouse
shall liquidate the conjugal partnership property either judicially or extra-
judicially within one year from the death of the deceased spouse. If upon
the lapse of the six month period no liquidation is made, any disposition
or encumbrance involving the conjugal partnership property of the
terminated marriage shall be void.
Should the surviving spouse contract a subsequent marriage without
compliance with the foregoing requirements, a mandatory regime of
complete separation of property shall govern the property relations of
the subsequent marriage.
Article 132(FC). The Rules of Court on the administration of estates of
deceased persons shall be observed in the appraisal and sale of property
of the conjugal partnership, and other matters which are not expressly
determined in this Chapter.
Article 390. After an absence of seven years, it being unknown whether
or not the absentee still lives, he shall be presumed dead for all
purposes, except for those of succession.
The absentee shall not be presumed dead for the purpose of opening his
succession till after an absence of ten years. If he disappeared after the
age of seventy-five years, an absence of five years shall be sufficient in
order that his succession may be opened.
Article 391. The following shall be presumed dead for all purposes,
including the division of the estate among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an
aeroplane which is missing, who has not been heard of for four
years since the loss of the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war, and
has been missing for four years;
(3) A person who has been in danger of death under other
circumstances and his existence has not been known for four
years.
Article 533. The possession of hereditary property is deemed transmitted
to the heir without interruption and from the moment of the death of the
decedent, in case the inheritance is accepted.
One who validly renounces an inheritance is deemed never to have
possessed the same.
Article 1347. All things which are not outside the commerce of men,
including future things, may be the object of a contract. All things which
are not intransmissible may also be the object of contracts.
No contract may be entered into upon future inheritance except
in cases expressly authorized by law.
All services which are not contrary to law, morals, good customs,
public order, or public policy may likewise be the object of a contract.
Article 1461. Things having a potential existence may be the object of a
contract of sale.
The efficacy of the sale of a mere hope or expectancy is deemed subject
to the condition that the thing will come into existence.
The sale of a vain hope or expectancy is void.
Article 2253. The Civil Code of 1889 and other previous laws govern
rights originating, under said laws, form acts done or events which took
place under their regime, even though this Code may regulate them in a
different manner, or may not recognize them. But if a right should be
declared for the first time in this Code, it shall be effective at once, even
though the act or event which gives rise thereto may have been done or
may have occurred under the prior legislation, provided said new right
does not prejudice or impair any vested or acquired right, of the same
origin.
Article 2263. Rights to the inheritance of persons who died, with or
without a will, before the effectivity of this Code, shall be governed by
the Civil Code of 1889, by other previous laws, and by the Rules of
Court. The inheritance of those who, with or without a will, die after the
beginning of the effectivity of this Code, shall be adjudicated and
distributed in accordance with this new body of laws and by the Rules of
Court; but the testamentary provisions shall be carried out insofar as
they may be permitted by this Code. Therefore, legitimes, betterments,
legacies and bequests shall be respected; however, their amount shall be
reduced if in no other manner can every compulsory heir be given his full
share according to his Code.
Article 84(FC). If the future spouses agree upon a regime other than the
absolute community of property, they cannot donate to each other in
their marriage settlement more than one-fifth of their present property.
Any excess shall be considered void.
Donations of future property shall be governed by the provisions on the
testamentary succession and the formalities of wills.
Article 86(FC). A donation by reason of marriage may be revoked by the
donor in the following cases:
(1) If the marriage is not celebrated or judicially declared void ab initio
except donations made in the marriage settlements, which shall be
governed by Article 81;
(2) When the marriage takes place without the consent of the parents or
guardian, as required by law;
(3) When the marriage is annulled, and the done acted in bad faith;
(4) Upon legal separation, the done being the guilty spouse;
(5) If it is with resolutory condition and the condition is complied with;
(6) When the done has committed an act of ingratitude as specified by the
provisions of the Civil Code on donations in general.
Cases:
1. Uson vs Del Rosario, 92 PHIL 530
2. De Borja vs De Borja, 46 SCRA 577
3. Bonilla vs Barcena, 71 SCRA 491
4. Borromeo-Herrera vs Borromeo, 152 SCRA 171
5. Rioferio vs CA, GR No. 129008
6. Suarez vs CA, GR No. 94918
E. KINDS OF SUCCESSION
Article 778. Succession may be:
(1) Testamentary;
(2) Legal or intestate; or
(3) Mixed.
Article 779. Testamentary succession is that which results from the
designation of an heir, made in a will executed in the form prescribed by
law.
Article 780. Mixed succession is that effected partly by will and partly by
operation of law.
Article 960. Legal or intestate succession takes place:
(1) If a person dies without a will, or with a void will, or one which has
subsequently lost its validity;
(2) When the will does not institute an heir to, or dispose of all property
belonging to the testator. In such case, legal succession shall take
place only with respect to the property of which the testator has not
disposed;
(3) If the suspensive condition attached to the institution of heir does
not happen or is not fulfilled, or if the heir dies before the testator,
or repudiates the inheritance, there being no substitution, and no
right of accretion takes place;
(4) When the heir instituted is incapable of succeeding, except in cases
provided in this Code.
Article 84(FC). If the future spouses agree upon a regime other than the
absolute community of property, they cannot donate to each other in
their marriage settlement more than one-fifth of their present property.
Any excess shall be considered void.
Donations of future property shall be governed by the provisions on the
testamentary succession and the formalities of wills.
Article 130(FC). Upon the termination of the marriage by death, the
conjugal partnership property shall be liquidated in the same proceeding
for the settlement of the estate of the deceased.
If no judicial settlement proceeding is instituted, the surviving spouse
shall liquidate the conjugal partnership property either judicially or extra-
judicially within one year from the death of the deceased spouse. If upon
the lapse of the six month period no liquidation is made, any disposition
or encumbrance involving the conjugal partnership property of the
terminated marriage shall be void.
Should the surviving spouse contract a subsequent marriage without
compliance with the foregoing requirements, a mandatory regime of
complete separation of property shall govern the property relations of
the subsequent marriage.
Article 752. The provisions of Article 750 notwithstanding, no person
may give or receive, by way of donation, more than he may give or
receive by will.
The donation shall be inofficious in all that it may exceed this limitation.
Article 1347. All things which are not outside the commerce of men,
including future things, may be the object of a contract. All things which
are not intransmissible may also be the object of contracts.
No contract may be entered into upon future inheritance except
in cases expressly authorized by law.
All services which are not contrary to law, morals, good customs,
public order, or public policy may likewise be the object of a contract.
1. As to effectivity
a. Succession inter vivos
b. Succession mortis causa
2. As to whether a will exist or not
a. Testamentary succession
b. Intestate or legal succession
c. Mixed succession
3. As to the transferees of the property
a. Compulsory succession (legitime)
b. Voluntary succession (free disposal)
4. As to the extent of rights and obligations involved
a. Universal succession
b. Particular succession
5. Special kind
Contractual succession
***Freak Succession
F. SUBJECT AND OBJECT OF SUCCESION
Article 775. In this Title, “decedent” is the general term applied to the
person whose property is transmitted through succession, whether or
not he left a will. If he left a will, he is also called the testator.
Article 776. The inheritance includes all the properties, rights and
obligations of a person which are not extinguished by his death.
Article 777. The rights tit he succession are transmitted from the
moment of the death of the decedent.
Article 778. Succession may be:
(4) Testamentary;
(5) Legal or intestate; or
(6) Mixed.
Article 779. Testamentary succession is that which results from the
designation of an heir, made in a will executed in the form prescribed by
law.
Article 780. Mixed succession is that effected partly by will and partly by
operation of law.
Article 781. The inheritance of a person includes not only the property
and the transmissible rights and obligations existing at the time of his
death, but also those which have accrued thereto since the opening of
the succession.
Article 782. An heir is a person called to the succession either by
provision of a will or by operation of law.
Devisees and legatees are persons to whom gifts of real and
personal property are respectively given by virtue of a will.
Article 887. The following are compulsory heirs:
(1) Legitimate children and descendants, with respect to their legitimate
parents and descendants;
(2) In default of the foregoing, legitimate parents and ascendants, with
respect to their legitimate children and descendants;
(3) The widow or widower;
(4) Acknowledged natural children, and natural children by legal fiction;
(5) Other illegitimate children referred to in Article 287.
Compulsory heirs mentioned in Nos. 3, 4 and 5 are not excluded by
those in Nos. 1 and 2; neither do they exclude one another.
In all cases of illegitimate children, their filiation must be duly proved.
The father or mother of illegitimate children of the three classes
mentioned, shall inherit from them in the manner and to the extent
established by this Code.
Article 968. if there are several relatives of the same degree, and one or
some of them are unwilling or incapacitated to succeed, his portion shall
accrue to the others of the same degree, save the right of representation
when it should take place.
Article 969. If the inheritance should be repudiated by the nearest
relative, should there be one only, or by all nearest relatives called by
law to succeed, should there be several, those of the following degree
shall inherit in their own right and cannot represent the person or
persons repudiating the inheritance.
Article 1003.
1. Subject of succession
1. Decedent
Article 775. In this Title, “decedent” is the general term applied to the person
whose property is transmitted through succession, whether or not he left a will.
If he left a will, he is also called the testator.
2. Successors
Article 782. An heir is a person called to the succession either by
provision of a will or by operation of law.
Devisees and legatees are persons to whom gifts of real and
personal property are respectively given by virtue of a will.
a. Heirs
b. Devisees or legatees
*Relationships (Arts. 963-967)
Article 963. Proximity of relationship is determined by the number of
generations. Each generation forms a degree.
Article 964. A series of degrees forms a line, which may be either direct
or collateral.
A direct line is that constituted by the series of degrees among
ascendants and descendants.
A collateral line is that constituted by the series of degrees among
persons who are not ascendants and descendants, but who come from a
common ancestor.
Article 965. The direct line is either descending or ascending.
The former unites the head of the family with those who descend from
him.
The latter binds a person with those from whom he descends.
Article 966. In the line, as many degrees are counted as there are
generations or persons, excluding the progenitor.
In the direct line, ascent is made to the common ancestor and then
descent is made to the person with whom the computation is to be
poomade. Thus, a person is two degrees removed from his brother of his
father, four from his first cousin, and so forth.
Article 967. Full blood relationship is that existing between persons who
have the same father and the same mother.
Half blood relationship is that existing between persons who have the
same father, but not the same mother, or the same mother, but not the
same father.
3. Object of succession (Arts. 1178, 1311, 1347, NCC)
G. TRANSMISSION OF SUCCESSIONAL RIGHTS
Cases:
1. Ferrer vs Diaz, GR No. 165300, April 23, 2010
