You are on page 1of 7

I.

GENERAL PRINCIPLES
a. Definition and Concept of Succession FC Art. 84. If the future spouses agree upon a regime
other than the absolute community of property, they
Art. 712. Ownership is acquired by occupation and by cannot donate to each other in their marriage
intellectual creation. settlements more than one-fifth of their present
property. Any excess shall be considered void.
Ownership and other real rights over property are
acquired and transmitted by law, by donation, by estate Donations of future property shall be governed by the
and intestate succession, and in consequence of certain provisions on testamentary succession and the
contracts, by tradition. formalities of wills. (130a)

They may also be acquired by means of Art. 130. The future spouses may give each other in
prescription. (609a) their marriage settlements as much as one-fifth of their
present property, and with respect to their future
Art. 774. Succession is a mode of acquisition by virtue property, only in the event of death, to the extent laid
of which the property, rights and obligations to the down by the provisions of this Code referring to
extent of the value of the inheritance, of a person are testamentary succession. (1331a)
transmitted through his death to another or others either
by his will or by operation of law. (n) Art. 752. The provisions of Article 750 notwithstanding,
no person may give or receive, by way of donation,
Art. 1311. Contracts take effect only between the more than he may give or receive by will.
parties, their assigns and heirs, except in case where
the rights and obligations arising from the contract are The donation shall be inofficious in all that it may exceed
not transmissible by their nature, or by stipulation or by this limitation. (636)
provision of law. The heir is not liable beyond the value
of the property he received from the decedent. Art. 1347. All things which are not outside the
commerce of men, including future things, may be the
If a contract should contain some stipulation in favor of object of a contract. All rights which are not
a third person, he may demand its fulfillment provided intransmissible may also be the object of contracts.
he communicated his acceptance to the obligor before
its revocation. A mere incidental benefit or interest of a No contract may be entered into upon future inheritance
person is not sufficient. The contracting parties must except in cases expressly authorized by law.
have clearly and deliberately conferred a favor upon a
third person. (1257a) All services which are not contrary to law, morals, good
customs, public order or public policy may likewise be
b. Kinds of Succession the object of a contract. (1271a)

Art. 778. Succession may be: c. Opening of Succession


(1) Testamentary;
(2) Legal or intestate; or Art. 777. The rights to the succession are transmitted
(3) Mixed. (n) from the moment of the death of the decedent. (657a)

Art. 779. Testamentary succession is that which results Art. 130. The future spouses may give each other in
from the designation of an heir, made in a will executed their marriage settlements as much as one-fifth of their
in the form prescribed by law. (n) present property, and with respect to their future
property, only in the event of death, to the extent laid
Art. 780. Mixed succession is that effected partly by will down by the provisions of this Code referring to
and partly by operation of law. (n) testamentary succession. (1331a)

Art. 960. Legal or intestate succession takes place: Art. 132. A donation by reason of marriage is not
revocable, save in the following cases:
(1) If a person dies without a will, or with a void will, or
one which has subsequently lost its validity; (1) If it is conditional and the condition is not complied
(2) When the will does not institute an heir to, or dispose with;
of all the property belonging to the testator. In such (2) If the marriage is not celebrated;
case, legal succession shall take place only with respect (3) When the marriage takes place without the consent
to the property of which the testator has not disposed; of the parents or guardian, as required by law;
(4) When the marriage is annulled, and the donee acted
(3) If the suspensive condition attached to the institution in bad faith;
of heir does not happen or is not fulfilled, or if the heir (5) Upon legal separation, the donee being the guilty
dies before the testator, or repudiates the inheritance, spouse;
there being no substitution, and no right of accretion (6) When the donee has committed an act of ingratitude
takes place; as specified by the provisions of this Code on donations
in general. (1333a)
(4) When the heir instituted is incapable of succeeding,
except in cases provided in this Code. (912a)
Art. 390. After an absence of seven years, it being Art. 2263. Rights to the inheritance of a person who
unknown whether or not the absentee still lives, he shall died, with or without a will, before the effectivity of this
be presumed dead for all purposes, except for those of Code, shall be governed by the Civil Code of 1889, by
succession. other previous laws, and by the Rules of Court. The
inheritance of those who, with or without a will, die after
The absentee shall not be presumed dead for the the beginning of the effectivity of this Code, shall be
purpose of opening his succession till after an absence adjudicated and distributed in accordance with this new
of ten years. If he disappeared after the age of seventy- body of laws and by the Rules of Court; but the
five years, an absence of five years shall be sufficient in testamentary provisions shall be carried out insofar as
order that his succession may be opened. (n) they may be permitted by this Code. Therefore,
legitimes, betterments, legacies and bequests shall be
Art. 391. The following shall be presumed dead for all respected; however, their amount shall be reduced if in
purposes, including the division of the estate among the no other manner can every compulsory heir be given his
heirs: full share according to this Code. (Rule 12a)

(1) A person on board a vessel lost during a sea voyage, Art. 84. If the future spouses agree upon a regime other
or an aeroplane which is missing, who has not been than the absolute community of property, they cannot
heard of for four years since the loss of the vessel or donate to each other in their marriage settlements more
aeroplane; than one-fifth of their present property. Any excess shall
(2) A person in the armed forces who has taken part in be considered void.
war, and has been missing for four years; Donations of future property shall be governed by the
(3) A person who has been in danger of death under provisions on testamentary succession and the
other circumstances and his existence has not been formalities of wills. (130a)
known for four years. (n)
Art. 86. A donation by reason of marriage may be
Art. 533. The possession of hereditary property is revoked by the donor in the following cases:
deemed transmitted to the heir without interruption and
from the moment of the death of the decedent, in case (1) If the marriage is not celebrated or judicially declared
the inheritance is accepted. void ab initio except donations made in the marriage
One who validly renounces an inheritance is deemed settlements, which shall be governed by Article 81;
never to have possessed the same. (440) (2) When the marriage takes place without the consent
of the parents or guardian, as required by law;
Art. 1347. All things which are not outside the (3) When the marriage is annulled, and the donee acted
commerce of men, including future things, may be the in bad faith;
object of a contract. All rights which are not (4) Upon legal separation, the donee being the guilty
intransmissible may also be the object of contracts. spouse;
(5) If it is with a resolutory condition and the condition is
No contract may be entered into upon future inheritance complied with;
except in cases expressly authorized by law. (6) When the donee has committed an act of ingratitude
as specified by the provisions of the Civil Code on
All services which are not contrary to law, morals, good donations in general. (132a)
customs, public order or public policy may likewise be
the object of a contract. (1271a) d. Subject and Object of Succession

Art. 1461. Things having a potential existence may be


the object of the contract of sale. Art. 775. In this Title, "decedent" is the general term
applied to the person whose property is transmitted
The efficacy of the sale of a mere hope or expectancy through succession, whether or not he left a will. If he
is deemed subject to the condition that the thing will left a will, he is also called the testator. (n)
come into existence.
Art. 776. The inheritance includes all the property, rights
The sale of a vain hope or expectancy is void. (n)
and obligations of a person which are not extinguished
by his death. (659)
Art. 2253. The Civil Code of 1889 and other previous
laws shall govern rights originating, under said laws,
from acts done or events which took place under their Art. 777. The rights to the succession are transmitted
regime, even though this Code may regulate them in a from the moment of the death of the decedent. (657a)
different manner, or may not recognize them. But if a
right should be declared for the first time in this Code, it Art. 778. Succession may be:
shall be effective at once, even though the act or event
which gives rise thereto may have been done or may (1) Testamentary;
have occurred under prior legislation, provided said new
right does not prejudice or impair any vested or acquired (2) Legal or intestate; or
right, of the same origin. (Rule 1)
(3) Mixed. (n)
Art. 779. Testamentary succession is that which results descendants, but who come from a common
from the designation of an heir, made in a will executed ancestor. (916a)
in the form prescribed by law. (n)
Art. 965. The direct line is either descending or
Art. 780. Mixed succession is that effected partly by will ascending.
and partly by operation of law. (n)
The former unites the head of the family with those who
Art. 781. The inheritance of a person includes not only descend from him.
the property and the transmissible rights and obligations
existing at the time of his death, but also those which The latter binds a person with those from whom he
have accrued thereto since the opening of the descends. (917)
succession. (n)
Art. 966. In the line, as many degrees are counted as
Art. 782. An heir is a person called to the succession there are generations or persons, excluding the
either by the provision of a will or by operation of law. progenitor.

Devisees and legatees are persons to whom gifts of real In the direct line, ascent is made to the common
and personal property are respectively given by virtue ancestor. Thus, the child is one degree removed from
of a will. (n) the parent, two from the grandfather, and three from the
great-grandparent.
Art. 887. The following are compulsory heirs:
In the collateral line, ascent is made to the common
(1) Legitimate children and descendants, with ancestor and then descent is made to the person with
respect to their legitimate parents and whom the computation is to be made. Thus, a person is
ascendants; two degrees removed from his brother, three from his
uncle, who is the brother of his father, four from his first
(2) In default of the foregoing, legitimate cousin, and so forth. (918a)
parents and ascendants, with respect to their
legitimate children and descendants; Art. 967. Full blood relationship is that existing between
persons who have the same father and the same
(3) The widow or widower; mother.

(4) Acknowledged natural children, and natural Half blood relationship is that existing between persons
children by legal fiction; who have the same father, but not the same mother, or
the same mother, but not the same father. (920a)
(5) Other illegitimate children referred to in
Article 287. Art. 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
Compulsory heirs mentioned in Nos. 3, 4, and 5 are not
excluded by those in Nos. 1 and 2; neither do they others of the same degree, save the right of
exclude one another. representation when it should take place. (922)

Art. 969. If the inheritance should be repudiated by the


In all cases of illegitimate children, their filiation must be
nearest relative, should there be one only, or by all the
duly proved.
nearest relatives called by law to succeed, should there
be several, those of the following degree shall inherit in
The father or mother of illegitimate children of the three their own right and cannot represent the person or
classes mentioned, shall inherit from them in the persons repudiating the inheritance. (923)
manner and to the extent established by this
Code. (807a)
Art. 1003. If there are no descendants, ascendants,
illegitimate children, or a surviving spouse, the collateral
Art. 963. Proximity of relationship is determined by the relatives shall succeed to the entire estate of the
number of generations. Each generation forms a deceased in accordance with the following
degree. (915) articles. (946a)

Art. 964. A series of degrees forms a line, which may be Art. 1014. If a person legally entitled to the estate of the
either direct or collateral. deceased appears and files a claim thereto with the
court within five years from the date the property was
A direct line is that constituted by the series of degrees delivered to the State, such person shall be entitled to
among ascendants and descendants. the possession of the same, or if sold the municipality
or city shall be accountable to him for such part of the
A collateral line is that constituted by the series of proceeds as may not have been lawfully spent. (n)
degrees among persons who are not ascendants and
Art. 1024. Persons not incapacitated by law may Art. 1028. The prohibitions mentioned in article 739,
succeed by will or ab intestato. concerning donations inter vivos shall apply to
testamentary provisions. (n)
The provisions relating to incapacity by will are equally
applicable to intestate succession. (744, 914) Art. 1029. Should the testator dispose of the whole or
part of his property for prayers and pious works for the
Art. 1025. In order to be capacitated to inherit, the heir, benefit of his soul, in general terms and without
devisee or legatee must be living at the moment the specifying its application, the executor, with the court's
succession opens, except in case of representation, approval shall deliver one-half thereof or its proceeds to
when it is proper. the church or denomination to which the testator may
belong, to be used for such prayers and pious works,
and the other half to the State, for the purposes
A child already conceived at the time of the death of the
decedent is capable of succeeding provided it be born mentioned in Article 1013. (747a)
later under the conditions prescribed in article 41. (n)
Art. 1030. Testamentary provisions in favor of the poor
in general, without designation of particular persons or
Art. 1026. A testamentary disposition may be made to
of any community, shall be deemed limited to the poor
the State, provinces, municipal corporations, private
corporations, organizations, or associations for living in the domicile of the testator at the time of his
religious, scientific, cultural, educational, or charitable death, unless it should clearly appear that his intention
was otherwise.
purposes.

The designation of the persons who are to be


All other corporations or entities may succeed under a
will, unless there is a provision to the contrary in their considered as poor and the distribution of the property
charter or the laws of their creation, and always subject shall be made by the person appointed by the testator
for the purpose; in default of such person, by the
to the same. (746a)
executor, and should there be no executor, by the
justice of the peace, the mayor, and the municipal
Art. 1027. The following are incapable of succeeding: treasurer, who shall decide by a majority of votes all
questions that may arise. In all these cases, the
(1) The priest who heard the confession of the approval of the Court of First Instance shall be
testator during his last illness, or the minister of necessary.
the gospel who extended spiritual aid to him
during the same period; The preceding paragraph shall apply when the testator
has disposed of his property in favor of the poor of a
(2) The relatives of such priest or minister of the definite locality. (749a)
gospel within the fourth degree, the church,
order, chapter, community, organization, or Art. 1031. A testamentary provision in favor of a
institution to which such priest or minister may disqualified person, even though made under the guise
belong; of an onerous contract, or made through an
intermediary, shall be void. (755)
(3) A guardian with respect to testamentary
dispositions given by a ward in his favor before Art. 1032. The following are incapable of succeeding by
the final accounts of the guardianship have reason of unworthiness:
been approved, even if the testator should die
after the approval thereof; nevertheless, any
(1) Parents who have abandoned their children
provision made by the ward in favor of the
or induced their daughters to lead a corrupt or
guardian when the latter is his ascendant,
immoral life, or attempted against their virtue;
descendant, brother, sister, or spouse, shall be
valid;
(2) Any person who has been convicted of an
attempt against the life of the testator, his or her
(4) Any attesting witness to the execution of a
spouse, descendants, or ascendants;
will, the spouse, parents, or children, or any one
claiming under such witness, spouse, parents,
or children; (3) Any person who has accused the testator of
a crime for which the law prescribes
imprisonment for six years or more, if the
(5) Any physician, surgeon, nurse, health officer
accusation has been found groundless;
or druggist who took care of the testator during
his last illness;
(4) Any heir of full age who, having knowledge
of the violent death of the testator, should fail to
(6) Individuals, associations and corporations
report it to an officer of the law within a month,
not permitted by law to inherit. (745, 752, 753,
unless the authorities have already taken
754a)
action; this prohibition shall not apply to cases
wherein, according to law, there is no obligation
to make an accusation;
(5) Any person convicted of adultery or He shall be liable for all the fruits and rents he may have
concubinage with the spouse of the testator; received, or could have received through the exercise
of due diligence. (760a)
(6) Any person who by fraud, violence,
intimidation, or undue influence should cause Art. 1039. Capacity to succeed is governed by the law
the testator to make a will or to change one of the nation of the decedent. (n)
already made;
Art. 1040. The action for a declaration of incapacity and
(7) Any person who by the same means for the recovery of the inheritance, devise or legacy
prevents another from making a will, or from shall be brought within five years from the time the
revoking one already made, or who supplants, disqualified person took possession thereof. It may be
conceals, or alters the latter's will; brought by any one who may have an interest in the
succession. (762a)
(8) Any person who falsifies or forges a
supposed will of the decedent. (756, 673, 674a)
SECTION 3. - Acceptance and Repudiation of the
Art. 1033. The cause of unworthiness shall be without Inheritance
effect if the testator had knowledge thereof at the time
he made the will, or if, having known of them Art. 1041. The acceptance or repudiation of the
subsequently, he should condone them in inheritance is an act which is purely voluntary and
writing. (757a) free. (988)

Art. 1034. In order to judge the capacity of the heir, Art. 1042. The effects of the acceptance or repudiation
devisee or legatee, his qualification at the time of the shall always retroact to the moment of the death of the
death of the decedent shall be the criterion. decedent. (989)

In cases falling under Nos. 2, 3, or 5 of Article 1032, it Art. 1043. No person may accept or repudiate an
shall be necessary to wait until final judgment is inheritance unless he is certain of the death of the
rendered, and in the case falling under No. 4, the person from whom he is to inherit, and of his right to the
expiration of the month allowed for the report. inheritance. (991)

If the institution, devise or legacy should be conditional, Art. 1044. Any person having the free disposal of his
the time of the compliance with the condition shall also property may accept or repudiate an inheritance.
be considered. (758a)
Any inheritance left to minors or incapacitated persons
Art. 1035. If the person excluded from the inheritance may be accepted by their parents or guardians. Parents
by reason of incapacity should be a child or descendant or guardians may repudiate the inheritance left to their
of the decedent and should have children or wards only by judicial authorization.
descendants, the latter shall acquire his right to the
legitime. The right to accept an inheritance left to the poor shall
belong to the persons designated by the testator to
The person so excluded shall not enjoy the usufruct and determine the beneficiaries and distribute the property,
administration of the property thus inherited by his or in their default, to those mentioned in Article
children. (761a) 1030. (992a)

Art. 1036. Alienations of hereditary property, and acts of Art. 1045. The lawful representatives of corporations,
administration performed by the excluded heir, before associations, institutions and entities qualified to
the judicial order of exclusion, are valid as to the third acquire property may accept any inheritance left to the
persons who acted in good faith; but the co-heirs shall latter, but in order to repudiate it, the approval of the
have a right to recover damages from the disqualified court shall be necessary.(993a)
heir. (n)
Art. 1046. Public official establishments can neither
Art. 1037. The unworthy heir who is excluded from the accept nor repudiate an inheritance without the
succession has a right to demand indemnity or any approval of the government. (994)
expenses incurred in the preservation of the hereditary
property, and to enforce such credits as he may have Art. 1047. A married woman of age may repudiate an
against the estate. (n) inheritance without the consent of her husband. (995a)

Art. 1038. Any person incapable of succession, who, Art. 1048. Deaf-mutes who can read and write may
disregarding the prohibition stated in the preceding accept or repudiate the inheritance personally or
articles, entered into the possession of the hereditary through an agent. Should they not be able to read and
property, shall be obliged to return it together it its write, the inheritance shall be accepted by their
accessions. guardians. These guardians may repudiate the same
with judicial approval. (996a)
Art. 1049. Acceptance may be express or tacit. Should he repudiate it as an intestate heir, without
knowledge of his being a testamentary heir, he may still
An express acceptance must be made in a public or accept it in the latter capacity. (1009)
private document.
Art. 1056. The acceptance or repudiation of an
A tacit acceptance is one resulting from acts by which inheritance, once made, is irrevocable, and cannot be
the intention to accept is necessarily implied, or which impugned, except when it was made through any of the
one would have no right to do except in the capacity of causes that vitiate consent, or when an unknown will
an heir. appears. (997)

Acts of mere preservation or provisional administration Art. 1057. Within thirty days after the court has issued
do not imply an acceptance of the inheritance if, through an order for the distribution of the estate in accordance
such acts, the title or capacity of an heir has not been with the Rules of Court, the heirs, devisees and
assumed. (999a) legatees shall signify to the court having jurisdiction
whether they accept or repudiate the inheritance.
Art. 1050. An inheritance is deemed accepted:
If they do not do so within that time, they are deemed to
(1) If the heirs sells, donates, or assigns his have accepted the inheritance. (n)
right to a stranger, or to his co-heirs, or to any
of them;
Art. 1178. Subject to the laws, all rights acquired in
virtue of an obligation are transmissible, if there has
(2) If the heir renounces the same, even though
gratuitously, for the benefit of one or more of his been no stipulation to the contrary. (1112)
co-heirs;
Art. 1311. Contracts take effect only between the
parties, their assigns and heirs, except in case where
(3) If he renounces it for a price in favor of all
his co-heirs indiscriminately; but if this the rights and obligations arising from the contract are
not transmissible by their nature, or by stipulation or by
renunciation should be gratuitous, and the co-
provision of law. The heir is not liable beyond the value
heirs in whose favor it is made are those upon
of the property he received from the decedent.
whom the portion renounced should devolve by
virtue of accretion, the inheritance shall not be
deemed as accepted. (1000) If a contract should contain some stipulation in favor of
a third person, he may demand its fulfillment provided
he communicated his acceptance to the obligor before
Art. 1051. The repudiation of an inheritance shall be
its revocation. A mere incidental benefit or interest of a
made in a public or authentic instrument, or by petition
person is not sufficient. The contracting parties must
presented to the court having jurisdiction over the
testamentary or intestate proceedings. (1008) have clearly and deliberately conferred a favor upon a
third person. (1257a)
Art. 1052. If the heir repudiates the inheritance to the
Art. 1347. All things which are not outside the
prejudice of his own creditors, the latter may petition the
commerce of men, including future things, may be the
court to authorize them to accept it in the name of the
heir. object of a contract. All rights which are not
intransmissible may also be the object of contracts.
The acceptance shall benefit the creditors only to an
No contract may be entered into upon future inheritance
extent sufficient to cover the amount of their credits. The
except in cases expressly authorized by law.
excess, should there be any, shall in no case pertain to
the renouncer, but shall be adjudicated to the persons
to whom, in accordance with the rules established in this All services which are not contrary to law, morals, good
Code, it may belong. (1001) customs, public order or public policy may likewise be
the object of a contract. (1271a)
Art. 1053. If the heir should die without having accepted
or repudiated the inheritance his right shall be Art. 1429. When a testate or intestate heir voluntarily
transmitted to his heirs. (1006) pays a debt of the decedent exceeding the value of the
property which he received by will or by the law of
intestacy from the estate of the deceased, the payment
Art. 1054. Should there be several heirs called to the
inheritance, some of them may accept and the others is valid and cannot be rescinded by the payer.
may repudiate it. (1007a)
e. Law governing form and content
Art. 1055. If a person, who is called to the same
inheritance as an heir by will and ab intestato,
repudiates the inheritance in his capacity as a
testamentary heir, he is understood to have repudiated Art. 16. Real property as well as personal property is
it in both capacities. subject to the law of the country where it is stipulated.
However, intestate and testamentary successions, both Art. 819. Wills, prohibited by the preceding article,
with respect to the order of succession and to the executed by Filipinos in a foreign country shall not be
amount of successional rights and to the intrinsic validity valid in the Philippines, even though authorized by the
of testamentary provisions, shall be regulated by the laws of the country where they may have been
national law of the person whose succession is under executed. (733a)
consideration, whatever may be the nature of the
property and regardless of the country wherein said Art. 2263. Rights to the inheritance of a person who
property may be found. (10a) died, with or without a will, before the effectivity of this
Code, shall be governed by the Civil Code of 1889, by
Art. 17. The forms and solemnities of contracts, wills, other previous laws, and by the Rules of Court. The
and other public instruments shall be governed by the inheritance of those who, with or without a will, die after
laws of the country in which they are executed. 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
When the acts referred to are executed before the
testamentary provisions shall be carried out insofar as
diplomatic or consular officials of the Republic of the they may be permitted by this Code. Therefore,
Philippines in a foreign country, the solemnities legitimes, betterments, legacies and bequests shall be
established by Philippine laws shall be observed in their respected; however, their amount shall be reduced if in
execution. no other manner can every compulsory heir be given his
full share according to this Code. (Rule 12a)
Prohibitive laws concerning persons, their acts or
property, and those which have, for their object, public
order, public policy and good customs shall not be
rendered ineffective by laws or judgments promulgated,
or by determinations or conventions agreed upon in a
foreign country. (11a)

Art. 795. The validity of a will as to its form depends


upon the observance of the law in force at the time it is
made. (n)

Art. 810. A person may execute a holographic will which


must be entirely written, dated, and signed by the hand
of the testator himself. It is subject to no other form, and
may be made in or out of the Philippines, and need not
be witnessed.(678, 688a)

Art. 815. When a Filipino is in a foreign country, he is


authorized to make a will in any of the forms established
by the law of the country in which he may be. Such will
may be probated in the Philippines. (n)

Art. 816. The will of an alien who is abroad produces


effect in the Philippines if made with the formalities
prescribed by the law of the place in which he resides,
or according to the formalities observed in his country,
or in conformity with those which this Code
prescribes. (n)

Art. 817. A will made in the Philippines by a citizen or


subject of another country, which is executed in
accordance with the law of the country of which he is a
citizen or subject, and which might be proved and
allowed by the law of his own country, shall have the
same effect as if executed according to the laws of the
Philippines. (n)

Art. 818. Two or more persons cannot make a will


jointly, or in the same instrument, either for their
reciprocal benefit or for the benefit of a third
person. (669)

You might also like