Title IV.

- SUCCESSION

CHAPTER 1
GENERAL PROVISIONS

Art. 774. Succession is !o"e o# c$uisition %& 'irtue o# ()ic) t)e
*ro*ert&+ ri,)ts n" o%li,tions to t)e e-tent o# t)e 'lue o# t)e
in)eritnce+ o# *erson re trns!itte" t)rou,) )is "et) to
not)er or ot)ers eit)er %& )is (ill or %& o*ertion o# l(. .n/
Art . 774 talks about Succession Mortis Causa or Donation Mortis Causa
which is a mode of transfer of ownership which takes upon the death of the
person. If the transfer of ownership takes efect during the lifetime of the
person, it is called DON!ION IN!"# $I$OS. It is co%ered b& the law on
Donation.
Conce*t.-- Succession is the last mode of ac'uiring ownership. It is an
independent mode of ac'uiring ownership.
0ses o# Succession 1 t)e resons o# succession.
(. Natural )aw * which obliges a person to pro%ide for those he would lea%e
behind as a conse'uence of famil& relations. person will naturall& choose
to lea%e behind his propert& upon his death to those nearest to him.
+. Socio,economic postulate * to pre%ent wealth from being stagnant or
inacti%e. If a person would lea%e behind his propert& to no one, the propert&
will not impro%e its economic %alue because no one will use and impro%e it.
-. ttribute of ownership * as owner of propert&, it is a person.s right not
onl& to possess or sell it but to dispose it to another to take efect upon his
death.
CHARACTERISTICS O2 SUCCESSION3 Un"er Art 774 -
(. Mode of ac'uisition of ownership
+. !he propert&, rights / obligations to the e0tent of the %alue of the
inheritance of a person 12rantor, transferor, decedent, testator or
intestate3
-. !he transmission takes place onl& b& %irtue of death 1not during
lifetime3
4. !he transmission takes place either b& will or b& operation of law
1!estate or Intestate succession3
5. !he transmission to another 1grantee, transferee, heir, legatee or
de%isee3
Art. 774. In t)is Title+ 5"ece"ent5 is t)e ,enerl ter! **lie" to
t)e *erson ()ose *ro*ert& is trns!itte" t)rou,) succession+
()et)er or not )e le#t (ill. I# )e le#t (ill+ )e is lso clle" t)e
testtor. .n/
!he "ece"ent is the person who died whether or not he left a will
!he testtor is the person who died who left a will.
Art. 776. T)e in)eritnce inclu"es ll t)e *ro*ert&+ ri,)ts n"
o%li,tions o# *erson ()ic) re not e-tin,uis)e" %& )is "et).
.647/
Inheritance is the bulk of propert& or a right of a person. Succession is a
MNN"# b& %irtue of which the propert&, rights and obligations are
transmitted.
67! IS INC)8D"D IN !7" IN7"#I!NC"9
1. PROPERT8 - :ropert& includes real as well as personal properties
e0cept the following;
1. !hose which are outside the commerce of men or which
are not owned b& men (res nullus)
2. !hose which are owned b& e%er&one (res communes)
-. !hose which are prohibited b& law
4. n& propert& which is not capable of appropriation
9. RIGHTS -
/ Purel& Personl Ri,)ts
2"N"#) #8)"; It is not transmissible since it is
e0tinguished b& death. 1Not transmissible and not part of the
estate3
"0amples;
, right to parental authorit&
, marital rights
, parental authorit&
, support
, action for legal separation
, agenc&, partnershi
, right to %ote
, right to claim acknowledgement or recognition as a natural child.
, #ight to hold public o<ce or pri%ate o<ce or =ob 17u Niu %s.
Collector of Customs, -> :hil. 4--3
"?C":!ION; It is transmissible; 1Not e0tinguished b& death * part of estate3
, #ight to bring or continue an action for forcible entr& or unlawful
detainer.
, #ight to compel e0ecution of document necessar& for
con%enience co%ered b& the Statute of @raud.
, :atrimonial rights; #ight to continue a lease contract either as
lessor or lessee e0cept as pro%ided under the contract.
, ction to claim legitimac&
rticle (A- @amil& Code * !he action to claim legitimac& ma& be
brought b& the child during his lifetime and shall be transmitted to
the heirs should the child die during minority or in a state of
insanity. In these cases, the heirs shall ha%e a period of B%e &ears
within which to institute the action.
:. O0LIGATIONS3
2"N"#) #8)"; It is transmissible
"?C":!IONS;
(. :urel& personal * obligation to support
+. Non,transferable b& law
-. Non,transferable b& contract or agreement between the parties.
"0amples of obligations e0tinguished b& death;
(. Obligation to pa& ta0es
+. Criminal liabilit&
-. #ight to gi%e support
Ho( %out "e%ts o# t)e "ecese"+ re t)e& trns!issi%le
o%li,tions; .9 'ie(s/
(. Not transmissible since it is actuall& the estate of the deceased which
pa&s the debts
+. !ransmissible because the shares of the heirs are reduced b& the
pa&ment of the debts 1preferred %iew3
"0ample; !he father lea%es :(CC thou as assets and :+Cthou debts,
the children should Brst pa& the :+C thou to the creditors and collects
the remaining amount of :DC thou. Eut if the debt of the father is
:(+C,CCC, the heirs are not liable to pa& the balance of :+C thou to the
creditor. #eason; the debt of the heirs is limited onl& to the %alue of
the assets left behind of the deceased.
Art. 777. T)e ri,)ts to t)e succession re trns!itte" #ro! t)e
!o!ent o# t)e "et) o# t)e "ece"ent. .647/
,!his pro%ision is the heart and soul of succession. !he most essential
pro%ision of the law on succession.
, #ights to succession %est at the moment of death, not transmitted. !he
right should be made efecti%e from the moment of death. !his is so
because the rights to succession before death are mere inchoate. Eut from
the moment of death, those inchoate rights become absolute.
#ights to succession are %ested from the moment of death, not upon
the Bling of petition for testateF intestate proceedings, not upon the
declaration of heirship or upon settlement of the estate.
!he rights to succession are automatic. !radition or deli%er& is not
needed. @iction of the law is that from the moment of the death of the
decedent, the right passes to the heirs.
During the lifetime of the predecessor, rights to succession are a mere
e0pectanc&. 7ence, no contract can be legall& entered into regarding the
e0pected inheritance. 6hen an heir recei%es his inheritance, he is deemed
to ha%e recei%ed it at the point of death. this is so b& legal Bction to a%oid
confusion.
Death is a condition for the transmission of a right b& succession.
Con"itions #or t)e trns!ission o# successionl ri,)t3
(. !here should be death 1C!8) or :#"S8M"D3 of the transferor
+. !he rights or properties are transmissible
-. !he transferee is ali%e
Presu!e" <et)3
Un"er or"inr& circu!stnces , (C &ears
fter the age of A5 , 5 &ears
In these + instances, the moment of death is reckoned after or !
!7" "ND of 5 or (C &ears, whiche%er is applicable. In other words, the
death is presumed to ha%e occurred at the end of the (C &ear or 5 &ear
period, as the case ma&be.
Un"er e-tror"inr& circu!stnces - 4 &ers
In this instance, the moment of death is reckoned from the moment of
disappearance or at the time the calamit& took place and not at the end
of 4 &ears.
"0ample; soldier is missing in action when he surrendered to the
Gapanese arm& on Ma& 5, (H45 is presumed dead on or before that date
and NO! )!"# or after 4 &ears. lthough the di%ision of the estate will
be made onl& after 4 &ears, succession reall& took place 4 &ears before. In
other words, from the beginning of 4 &ears, the heir of the soldier shall be
considered the owner and possessor of the estate of the soldier and not
onl& from the end thereof.
,Note; In both O#DIN#I or "?!# O#DIN#I ES"NC"S, the succession
is onl& a :#O$ISION) C7#C!"# because there is alwa&s a chance that
the absentee ma& still be ali%e.
#!IC)" -HC 1New Ci%il Code3. fter an absence of se%en &ears, it
being unknown whether or not the absentee still li%es, he shall be
presumed dead for all purposes, e0cept for those of succession.

!he absentee shall not be presumed dead for the purpose of
opening his succession till after an absence of ten &ears. If he
disappeared after the age of se%ent&,B%e &ears, an absence of B%e
&ears shall be su<cient in order that his succession ma& be opened.
1n3
#!IC)" -H( 1New Ci%il Code3. !he following shall be presumed dead
for all purposes, including the di%ision of the estate among the heirs;
1(3 person on board a %essel lost during a sea %o&age, or an
aeroplane which is missing, who has not been heard of for four &ears
since the loss of the %essel or aeroplaneJ
1+3 person in the armed forces who has taken part in war, and has
been missing for four &earsJ
1-3 person who has been in danger of death under other
circumstances and his e0istence has not been known for four &ears.
1n3
#!IC)" 4- 1New Ci%il Code3. If there is a doubt, as between two or
more persons who are called to succeed each other, as to which of
them died Brst, whoe%er alleges the death of one prior to the other,
shall pro%e the sameJ in the absence of proof, it is presumed that the&
died at the same time and there shall be no transmission of rights from
one to the other. 1--3
If there are circumstances which point to the time of the actual death
of the person, then, that time wherein there is proof should be followed
and not the presumptions.
In theor&, the heirs can immediatel& dispose of their properties when
the decedent dies because of rticle AAA. Eut in realit&, &ou cannot since
the will has to be probated Brst.
If &ou are the sole heir, all &ou ha%e to do is e0ecute an <da%it of
Self,d=udication and follow the process pro%ided b& law.
If there is more than one heir, the& ma& e0ecute and "0tra=udicial
settlement among themsel%es and follow the process pro%ided b& law
Art. 77=. Succession !& %e3
.1/ Test!entr&>
.9/ Le,l or intestte> or
.:/ ?i-e". .n/
Art. 777. Test!entr& succession is t)t ()ic) results #ro! t)e
"esi,ntion o# n )eir+ !"e in (ill e-ecute" in t)e #or!
*rescri%e" %& l(. .n/
Art. 7=@. ?i-e" succession is t)t eAecte" *rtl& %& (ill n" *rtl&
%& o*ertion o# l(. .n/
ARTICLE 77=. Succession ma& be;
1(3 !estamentar&J
1+3 )egal or intestateJ or
1-3 Mi0ed. 1n3
ARTICLE 777. !estamentar& succession is that which results from the
designation of an heir, made in a will e0ecuted in the form prescribed b& law.
1n3
Con"itions #or Test!entr& Succession3
(. !here must be a will
+. !here should be a designation of heir
-. !here must be obser%ance of the formalities re'uired
b& law.
PRINCIPLES IN TESTA?ENTAR8 SUCCESSION
,!"S!M"N!#I S8CC"SSION IS :#"@"##"D O$"# IN!"S!!" S8CC"SSION;
,6hen there is a will, the will has to undergo probate. :robate is a
proceeding wherein &ou determine whether or not the will was %alidl&
e0ecuted and whether or not the will was e0ecuted b& person who has
testamentar& capacit&.
,!here is no prescripti%e period in the probate of will as long as there is a
will.
DO8E!S M8S! E" #"SO)$"D IN @$O# O@ !"S!CI
If there is doubt as to the %alidit& of a will, the interpretation wherein
the will is gi%en efect should be preferred.
Le,l or Intestte Succession
(. !here is no will
+. !he will is not %alid at all
ARTICLE 7=@. Mi0ed succession is that efected partl& b& will and partl&
b& operation of law. 1n3
B)en !i-e" succession occurs3
(. 6hen the testator fails to dispose all of his properties in a will
+. 6hen the will does not %alidl& dispose of all the propert& of the testator
Art. 7=1. T)e in)eritnce o# *erson inclu"es not onl& t)e *ro*ert&
n" t)e trns!issi%le ri,)ts n" o%li,tions e-istin, t t)e ti!e o#
)is "et)+ %ut lso t)ose ()ic) )'e ccrue" t)ereto since t)e
o*enin, o# t)e succession. .n/
!his article refers to #ter-c$uire" *ro*erties. !hose are ac'uired
from the moment of death onwards will belong to the de%isee, legatee or
the heir to whom the propert& was gi%en.
In)eritnce inclu"es3
!he propert&, transmissible rights and the transmissible obligations of the
decedent to the e0tent of the %alue of the inheritanceJ and
!hose properties, or rights or obligations, if an&, which
ha%e accrued since the opening of the succession.
:rofessor Ealane has this to sa&; It is better to scrap rt. AD(. It has no
signiBcance. "%en without it, those which accrue after death will still
belong to the heirs.
"0ample; has a son, ?. dies in (HDD. Inheritance is a mango
plantation. In (HHC, there is a crop. Is it part of the inheritance9
(. ccording to rt. AD(, Ies. !his is inconsistent with rt. AAA
because succession occurs at the moment of death. !hus, rt. AD( implies a
second succession.
+. )egal concept.,, No. ? owns it through accession and not
succession. @ruits are no longer part of the inheritance. It belongs to the
heir because of ownership of the land he recei%ed at the moment of death.
1rt. AAA.3
!hose which ha%e accrued thereto after death do not comprise the
inheritance but the& accrue b& %irtue of ownership 1accretion.3
Art. 7=9. An )eir is *erson clle" to t)e succession eit)er %& t)e
*ro'ision o# (ill or %& o*ertion o# l(.
<e'isees n" le,tees re *ersons to ()o! ,i#ts o# rel n"
*ersonl *ro*ert& re res*ecti'el& ,i'en %& 'irtue o# (ill. .n/

Heirs3
re those who succeed to the uni%ersalit& of the rights, properties and
obligations of the decedent.
!he& are not gi%en speciBc portions of the propert& but ali'uot shares
:rof. Ealane comments; !he deBnitions gi%en in this article are not good.
!he deBnitions contained in the Spanish Ci%il Code were better. n heir
succeeds b& uni%ersal title. De%isee or legatee succeeds b& particular title.
ccording to Castan, an heir is one who succeeds to the whole
1uni%ersal3 or ali'uot part of the estate. De%isee or legatee is one who
succeeds to deBnite, speciBc, and indi%idualiKed properties.
"0ample; I be'ueathed (F+ of m& Bshpond in :ampanga to . Is the
successor an heir, legatee or de%isee9 de%isee, the prop. being a speciBc
real prop.
Cin"s o# Heirs3
Co!*ulsor& or #orce" )eirs are persons who are not
depri%ed of their inheritance unless there are causes to disinherit them
and the causes are pro%ided b& law. LEGITI?E is that portion of the
propert&, rights and obligations of the decedent which &ou cannot =ust
dispose of because the law reser%ed it for the compulsor& heirs.
Le,l or intestte )eirs are heirs who inherit b&
operation of law. !he person dies without a will. Voluntr&+
test!entr& or testte )eirs are heirs who will inherit because of the
will of the decedent.
ll compulsor& heirs are legal heirs. Eut not all legal heirs
are compulsor& heirs. 6hen a person dies without a will, then, the
compulsor& heirs succeed b& operation of law. If there is a will but the will
is not %alid, then, the compulsor& heirs succeed b& operation of law since
the will is disregarded.

!he free portion ma& be gi%en to an&bod& e0cept those who are
prohibited b& law to inherit from the decedent. If there is a will, the free
portion is gi%en to the %oluntar& heirs
Le,tee or <e'isee
Le,tee succeeds to personal properties * car, =ewelr&, etc.
<e'isee succeeds to real properties or immo%able properties of the
decedent * house and lot, etc.
<istinctions %et(een Heirs D Le,tees n" <e'isees3
HEIRS LEGATEES D
<EVISEES
(. Succeed b&
general right or
uni%ersal title to all
or an ali'uot part
of the estate
(. Succeed b&
special or
particular title
+. 7eirs e0ist both
in testamentar&
succession and
intestate
succession
+. )egatees and
de%isees e0ist onl&
in testamentar&
succession
-. !he heir, if
compulsor&,
succeeds to the
inheritance
regardless of the
will of the
decedent
-. )egatees and
de%isees succeed
onl& b& testator.s
will
4. Luantit& cannot
be determined
until after
li'uidation of
properties of the
estate
4. Luantit& can
easil& be
determined
5. 7eirs represent 5. )egatees and
the =uridical
personalit& of the
deceased,
ac'uiring his
propert&, rights
and obligations
de%isees do not
represent the
=uridical
personalit& of the
deceased because
it ac'uires onl&
properties
>. 7eirs succeed
to the remainder of
the estate after all
the debts,
de%isees and
legatees ha%e
been paid
>. )egatees and
de%isees succeed
onl& to the
determinate thing
or amount gi%en
I!*ortnce o# "istin,uis)in, )eirs #ro! le,tees n" "e'isees3
(. 6hen there is preterition, the instituted voluntary heirs do not
get an&thing. !he legatees/devisees retain the properties gi%en to them
as long as the legitime is not impaired.

+. 6hen there is in%alid disinheritance, the instituted voluntary heir
gets nothing while the one who recei%ed properties b& wa& of legac& or
de%ise retains the propert& gi%en to them as long as the legitimes of the
compulsor& heirs are not impaired.