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LAW ON SUCCESSION

INTRODUCTION
E-commerce act non discrimination rule
- contracts can now be in electronic form

When there is conflict between the civil code


and the e-commerce law, whether a will should
be in writing reconcile the 2
Who are legitimate and illegitimate children?
An illegitimate child does not have the
same right as the legitimate child
(compulsory heir)
Introduced by Spain to protect the
institution of marriage and encourage
legitimate relationships

Succession is all about the basic rules of inheritance


how it is understood under Philippine context.
To succeed to replace or substitute a person of his
rights and obligations.
What is being transferred? The inheritance.
INHERITANCE
Art. 776. The inheritance includes all the property,
rights and obligations of a person which are not
extinguished by his death.
- therefore transmissible to his heirs
Components of an inheritance
- not limited to tangible things (kahit ano pwedeng
ipamana)
- once aspect of succession: there should be
acceptance you cannot be compelled to accept an
inheritance
- property, rights and obligations
Obligations and rights
Qualification: not otherwise extinguished by death
Eg. Obligation extinguished by death Criminal liability
Right extinguished by death Marital consortium
Property
- whether real or personal
- all things which are the object of appropriation
Concept of ownership and possession
a. Possession holding of the thing and enjoyment of a
right
b. Ownership element of dominion
you must have control over the thing
(includes disposal and transmission)
Succession is more concerned with ownership than
possession. It involves acquiring ownership and not
merely possession.
Different modes of acquiring ownership (Art.
712)
1. Occupation
2. Intellectual creation
3. Donation
4. Consequence of contracts (contract of sale)
5. Tradition
6. Prescription
7. Testate and intestate succession mode of
transmission of inheritance
Inheritance the one being transferred or transmitted
Inheritance is used interchangeably with estate.

Estate
- degree, quantity, nature, and extent which a person
has in real and personal properties
- should not be confused with inheritance because
estate pertains to real and personal properties while
inheritance also covers rights and obligations
BASES OF SUCCESSION
- justifications why we have the law on succession
1. Pater Familias
- head of the family
- romans believed that if you are the head of the
family, it is your responsibility even until death to
provide for the family (amass wealth)
2. Extension of the right of ownership
- having a right to control the disposition of his
property because he worked hard for it
3. Act of love among family members
4. Promotes economic growth
- by preventing properties from being stagnant
useless upon the death of the owner
- degree of continuity of ownership
5. Satisfies a persons yearning for immortality
- for remembrance (to be remembered after death)
- to leave a legacy to family members
Legal definition of succession
Art. 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.
- succession is a mode of acquisition (process of
transmission of ownership and inheritance)
- sufficient to vest ownership to another person (it can
exist on its own without guidance of other mode of
acquisition)
Who will transmit the inheritance?
Art. 775. 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.
Decedent general term applied to the person whose
property is applied thru succession whether or not he
left a will
Testate succession with will (Testator)
Intestate succession without will (Intestate)
Who will receive the inheritance?
Heir term applies to both testate and intestate
succession (by will or by law)
Testate voluntary or testamentary heir
Testamentary Succession
1. Devises receiver of devise (devisee)
2. Legatis receiver of legacy (legatee)
Devise specific gift of real property
Legacy specific gift of personal property
Intestate Succession
Legal or Intestate heir specific person that can be
a party in both testate and intestate succession
Compulsory heirs law itself reserves a certain part
of inheritance for the receiver because of special
relationship with decadent

- eg. children and surviving spouse


Legitimes reserved property or portion cannot be
prejudiced by decedent
What will be transmitted?
(Art. 776) Inheritance: property, rights and obligations
of decedent which are not extinguished by his death
(subject of transmission)
Primacy of the will
- preference is given to testate succession rather than
intestate succession
- testator can choose whoever he wants to inherit his
property (not absolute, tempered by the law) testator
must reserve a portion for his compulsory heirs
(legitime)
Free portion
- may be disposed of by testator
- of the property is considered as the legitime
(standard but depending on circumstances)
- legitimate children of testator automatically get
reserved for them
Death
- most important fact for succession to happen but
process of transfer happens during decedents lifetime
- without this there is no consummation of succession
- cessation of life itself failure of all known bodily
functions and systems
No such thing as temporary death (out-of-body
experience) the law demands total death
Ordinary Death vs Extraordinary Death
1. Ordinary Death
- Actual death
- there is actual confirmation that the person died
- there is evidence of death (proof)
2. Extraordinary Death
- Presumptive death
Art. 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.
10 years absence sufficient for the purpose of
opening his succession
5 years of absence sufficient if the person is 75
years or older
Art. 391. Extraordinary Absence
1. Lost vessel/plane 4 years since the loss
2. Armed forces who has taken part in war 4 years
missing
3. Danger of death and existence has not been known
for 4 years
When shall the absentee be considered dead?
Ordinary absence time of disappearance or at the
end of the 10-year period? After the expiration of the
10-year period.

Extraordinary absence the moment to consider the


persons death is the first day of the persons
disappearance
ELEMENTS OF SUCCESSION
1. Subjective element
- decedent and the heir
- the one who will transmit and the recipient
2. Objective element
- inheritance
- property, rights, and obligations to be transferred
3. Identity of Objects
- from the decedent, the same rights, property, and
obligations are transmitted to the heir
- since decedent can only transfer his own property
4. Change of Subjects
- transmission of property, rights, and obligations to
the heir
- owner changes from decedent to heir
KINDS OF SUCCESSION
1. Moment of transmission
a. Mortis causa
- succession by reason of death
b. Inter vivos
- during lifetime of person
- donation made during lifetime
succession per se, but donation)

(not

called

2. Extent of rights involved


a. Universal
- if the particular area which is the subject of the
inheritance is not specified
- eg. I will give my son all of my properties.
I will give my son of the property.
- could be the whole or just a portion as long as the
property is not specified
- Succession by Universal Title
b. Particular
- property is specified/described in a particular
manner
- eg. I will give my son the red Ferrari with plate no.
ABC123.
3. As to cause
a. Compulsory succession
- concept of compulsory heirs and legitime
b. Testamentary succession
- by reason of a will, whether notarial or
holographic
c. Intestate/legal succession
- no will
d. Mixed
- succession happens partly by will and partly by
operation of law (Art. 780)
Is there such a thing as contractual
succession?
- before: pre-nuptial agreement
- agreement on how the properties shall be distributed
at time of death may be agreed upon by the spouses
but this was not carried over to the family code
RULES ON SURVIVORSHIP
Rule 131. Par. JJ and KK
Rules on survivorship can be treated as rule of
evidence
1. below 15 years the older one is presumed to have
perished
2. above 60 years the younger one is presumed to
have survived

3. below 15 and above 60 person below 15 is


presumed to have survived
4. below 15 and above 60 but different sexes the
male is presumed to have survived
5. person above 15 but below 60 and the other is
between those ages, the latter is presumed to have
survived
WE DO NOT APPLY RULE ON SURVIVORSHIP AS
FAR AS SUCCESSION IS CONCERNED.
- Par. KK. The one who alleges must present evidence
to prove who died first.
- If there is no evidence, presumption is that they died
at the same time
What is the implication if we presume that the
persons died at the same time?
- if 2 persons died at the same time and they are
supposed to succeed each other (eg. father and son),
succession will not take place because succession is an
act of transmission
What will happen to the properties?
- the state will be the beneficiary
PARITES TO A SUCCESSION
Decedent person who will transmit his property
whether or not there is a will (through succession)
a. Testate Testator/Testatrix
b. Intestate Intestate
Successor/Heir
a.
Testate

Voluntary
heir/testamentary
(devisee/legatee)
b. Intestate Intestate heir/legal heir
Compulsory heir
- entitled to the legitime
- those who succeed to a portion (legitime)
Legitime law provides a specific portion that cannot
be taken away or impaired by the decedent unless
there is disinheritance under valid causes
Dual State of an Heir
- applies only in testate succession (if there is a will)
Eg.
A decedent (father)
B compulsory heir (son) only surviving heir
Estate 1 million pesos
How much will be inherited?
What kind of succession is involved? first thing to
consider
> depending if there is a will:
If no will all will go to B (1 million will
represent the legitime of the son)
With will dependent on the provisions of the
will (the law will only reserve for the
compulsory heir)
B, as compulsory heir, is entitled to 500k, if his father
added 250k to his inheritance, he becomes a
compulsory heir as far as the 500k is concerned and a
voluntary/testamentary heir as far as the free portion is
concerned (dual status).
Legitimate children always reserve of the total
assets/ estate, the other half will be considered as the
free portion
Can you add to the legitime?

- it will be up to the testator to divide the free portion


and give it to whoever he wants (except those
prohibited by the law eg. mistresses)

How
will
you
distinguish
voluntary/testamentary heir to legatees and
devisees?
Art. 854. The preterition or omission of one, some, or
all of the compulsory heirs in the direct line, whether
living at the time of the execution of the will or born
after the death of the testator, shall annul the
institution of heir; but the devises and legacies shall be
valid insofar as they are not inofficious.
If the omitted compulsory heirs should die before the
testator, the institution shall be effectual, without
prejudice to the right of representation.
Preterition
- omission of one of the compulsory heirs
- it will totally annul the institution of the heir
- considered valid as long as they are not inofficious
(impair inheritance/legitime of compulsory heirs)
I give my son, B, of my estate amounting to 1
million pesos universal but not valid since of the
estate impair the legitime
Intestate succession heir always succeeds by way
of universal title
Particular title specify the property (itemize)
> testate succession because it is the decedent who
will specify the property
OBJECTS OF SUCCESSION
- properties, rights, and obligations of the decedent
which are not extinguished by death
- can be transferred but is not an absolute rule
General Rule: All properties, rights, and obligations
are transferrable unless included in the exceptions
Exceptions: (Art. 1311)
1. Strictly personal acts
2. Rights and obligations that are not transmissible by
stipulation
3. Rights and obligations that are not transmissible by
operation of law
Exceptions to the objects of succession:
1. Strictly personal acts
- eg. membership in the bar and right of consortium
with your wife
a. Matters relating to family relations
- parental authority
- right to institute an action for annulment
b. Public law
- right to vote
- right to run for public office
c. Personal skills or qualifications
d. Criminal responsibility
- extinguished upon death
Can civil liability be extinguished? If so, can
the heirs inherit civil liability?
-

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