RULES ON LEGAL OR INTESTATE SUCCESSION

Dear PAO,

My father died 24 years ago. Then my mother died in November last year. My father owned a titled lot
given by his father who also died many years ago. There is no last will and testament. He has three
sisters who are still alive. Now, one of his sisters wants to sell the property and told us we do not have a
share. In Filipino, she told us, “Wala na kayong pakialam sa [You have no right to the] property.” What is
the legal action that must be done?
Thank you.

Sincerely,

Dominic

Dear Dominic,

Legal or intestate succession takes place if a person dies without a will. And in the absence of heirs
instituted in a will, the law vests the inheritance, in the legitimate and illegitimate relatives of the
deceased, in the surviving spouse, and in the State in accordance with the rules set forth in the New Civil
Code (NCC), Articles 960 and 961, Ibid.).

The law on rules on legal or intestate succession provides that in every inheritance, the relative nearest
in degree excludes the more distant ones and that the succession to property by heirs pertains first to
the direct descending line (Articles 962 and 978, Id.). Collateral relatives can inherit and succeed only to
the entire estate of the deceased, if there are no descendants, ascendants, illegitimate children or a
surviving spouse (Article 1003, Id.).

By applying these rules to your case, it is apparent that the three sisters of your father cannot inherit
from the latter. You (and your siblings if there be any) are in the direct descending line of your father
whereas the latter’s three sisters are his collateral relatives. Hence, there being no descendant/s in the
direct line of your father, the collateral relatives are excluded in succeeding to the property left by your
father.

The Supreme Court pronounced the explanation of the basis of the rules on intestate succession in the
case In the Matter of the Intestate Estate of Cristina Aguinaldo-Suntay vs. Isabel Cojuangco-Suntay (GR
No. 183053; ponente, former Associate Justice Antonio Eduardo Nachura, June 16, 2010, citing
Manresa). It provides:
“The law [of intestacy]is founded on the presumed will of the deceased. Love, it is said, first descends,
then ascends, and finally, spreads sideways. Thus, the law first calls the descendants, then the
ascendants and, finally, the collaterals, always preferring those closer in degree to those of remoter
degrees, on the assumption that the deceased would have done so had he manifested his last will.
Lastly, in default of anyone called to succession or bound to the decedent by ties of blood or affection, it
is in accordance with his presumed will that his property be given to charitable or educational
institutions, and thus contribute to the welfare of humanity.”

Being the heir entitled to the subject property, you, together with your siblings if there be any, may
divide the estate among yourselves as you see fit or you may adjudicate the property to yourself if you
are the sole heir, in accordance with Rule 74 (Summary Settlement of Estate) of the Rules of Court.