SUCCESSION

Professor Rubn F. Balane

I.

Successional system under Phil. Law partial reservation

II. Kinds of Succession: 1) compulsory 2) testamentary 3) intestate

III. Compulsory 1) legitime def. 886 2) legitime inviolate 904

3) no contract, agreement, renunciation or compromise on legitime or inheritance 905 & 1347, Par. 2.- Taedo v. CA, 252 SCRA 80 [1996]

4) kinds of compulsory heirs: primary / secondary / concurring

5) Combinations: 1) Legitimate children alone: of the estate divided equally (Art. 888)

2) Legitimate children and

surviving spouse:
legitimate children - of the estate; surviving spouse - a share equal to that of one child (Art. 892, par. 2)

3) One legitimate child and surviving spouse: legitimate child of the estate; surviving spouse of the estate (Art. 892, par. 1)

4) Legitimate children and illegitimate children: legitimate children of the estate; illegitimate children each will get of share of one legitimate child (Art. 176,Family Code)

5) Legitimate children, illegitimate children, and surviving spouse: legitimate children of the estate;

illegitimate children each will get of share of one legitimate child;

 surviving spouse a share equal to that of one legitimate child. The surviving spouses share is preferred over those of the illegitimate children which shall be reduced if necessary. (Art. 895)

6) One legitimate child, illegitimate children, and surviving spouse: legitimate child of the estate;

illegitimate children each will get of share of the legitimate child;

 surviving spouse - of the estate. The surviving spouses share is preferred over those of the illegitimate children, which shall be reduced if necessary. (Art. 895)

7) Legitimate parents alone:

of the estate (Art. 889)

8) Legitimate parents and illegitimate children: legitimate parents of the estate;

illegitimate children of the estate (Art. 896)

9) Legitimate parents and surviving spouse: legitimate parents of the estate; surviving spouse of the estate (Art. 893)

10) Legitimate parents, illegitimate children, and surviving spouse: Legitimate parents of the estate; illegitimate children of the estate; surviving spouse 1/8 of the estate (Art. 899)

11) Surviving spouse alone:

of the estate, (or 1/3 If the marriage, being in articulo mortis, falls under Article 900, par. 2) (Art. 900, par. 1)

12) Surviving spouse and illegitimate children; surviving spouse 1/3 of the estate; illegitimate children 1/3 of the estate (Art. 894)

13) Surviving spouse and illegitimate parents: surviving spouse of the estate; illegitimate parents of the estate (Art. 903)

14) Illegitimate children alone:

of the estate (Art. 901)

15) Illegitimate parents alone:

of the estate (Art. 903)

6) basic legitime: exceptions a) 894 b) 900, Par. 2 c) 903

7) legitimate children & descendants(representation)

8)

adopted children
8.a SEC. 18. Succession. In legal and intestate succession, the adopter(s) and the adoptee shall have reciprocal rights of succession without distinction from legitimate filiation. However, if the adoptee and his/her biological parent(s) had left a will, the law on testamentary succession shall govern.

8.b no representation Teotico v. Del Val, 13 SCRA 406 [1965]; Sayson v. CA, 205 SCRA 321 [1992]

8.c Can an adopted child

inherit ab intestato from his biological parents In Re Adoption of Stephanie Garcia (454 SCRA 541 [2005]). Obiter: Under Art. 189(3) of FC & Sec. 18 of RA 8552, the adoptee remains an intestate heir of the biological parent.

9) surviving spouse when concurring with legitimate children

10)legitimate parents & ascendants 3 rules [Arts. 889-890]

a. The nearer exclude the more remote. b. Division by line. c. Equal division within the line.

11) illegitimate children 2:1 (Art. 176, FC) 11.a Representation Art. 902 (compare with Art. 992)

12) preterition 12.a meaning of preterition Seangio v. Reyes, 508 SCRA 177 [2006]

12.b who can be preterited

12.c Effect of preterition Nuguid v. Nuguid, 17 SCRA 449 [1966] Acain v. IAC, 155 SCRA 100 [1987]

12.d when preterition can be determined Only upon testators death JLT Agro v.Balasag, 453 SCRA 211 [2005]

13) reserva troncal 13.a 13.b 13.c 13.d Purpose Requisites Process Parties 13.d.1 Sibling as mediate source 13.d.2 Should Origin and Reservista belong to different lines? 13.d.3. Should Reservatario be related to mediate source?

13.e 13.f 13.g.

Nature Rights and Obligations Extinguishment

13.d How to detect a RT

a) Is an ascendant inheriting from a descendant? (Be particularly careful if a minor or infant dies).

b) Is it by compulsory/ intestate succession? c) Did the descendant acquire it by gratuitous title from another ascendant or brother/sister?

14) disinheritance & unworthiness:

grounds & effect

15)

representation

IV. Testamentary 1) can never impair legitime

2)

two kinds of wills & requirements (common & special) Cases: Noble v. Abaja, 450 SCRA 265 [2005] Attestation clause need not state compliance with language requirement.

Matias v. Salud, L-10751, 6/23/58 / Payad v.Tolentino, 62:848 (thumbmark)

Garcia v. Lacuesta, 90:489 (cross)

Nera v. Rimando, 18:450 (in presence of)

Barut v. Cabacungan, (21:461) what agent must write

Cagro v. Cagro, 92:1032; reiterated in Azuela v. CA, 487 SCRA 119 [2006] place of signing of attestation clause

Ortega v. Valmonte, 478 SCRA 247 [2005] Discrepancy in date of attested will & acknowledgment date does not invalidate will.

Guerrero v. Bihis, 521 SCRA 394 [2007] notarization outside place of notarys commission

Cruz v. Villasor, 54 SCRA 31[1973] (one of witnesses as notary)

Garcia v. Vasquez, 32 SCRA 489 [1970] Art. 808 mandatory.

Alvarado v. Gaviola (226 SCRA 348 [1993]) liberal construction of Art. 808

Caneda v. CA (222 SCRA 781 [1993]) proper application of Art. 809

Azuela v. CA, 487 SCRA 119 [1982] Failure of attestation clause to state number of pages is a fatal flaw.

Labrador v. CA (184 SCRA 170 [1990]) Holographic will may be dated anywhere

3) requirement of probate 2 kinds of probate (post mortem & ante mortem) 1) Probate mandatory (Guevara v. Guevara, 74:479; Seangio v. Reyes, 508 SCRA 177 [2006], Heirs of Lasam v. Umengan, 510 SCRA 496 [2006])

2) Probate conclusive as to due execution or formal validity:

i)

that testator of sound & disposing mind;

ii) that his consent was not vitiated;

iii) that will signed with required number of witnesses;

iv) that will genuine.

Gallanosa v. Arcangel, 83 SCRA 675 [1978] (reiterated in Nufable v. Nufable, 309 SCRA 692 [1999]; Dorotheo v. CA, 320 SCRA 12 [1999])

3) rules for probate of holographic will (Art. 811) i) Gan v. Yap, 104:509; Rodelas v. Aranza, 119 SCRA 16 [1982]

ii)

Codoy v. Calugay, 312 SCRA 333 [1999] / Azaola v. Singson,109:10 [1960]

4) accretion 1015-1023 - requisites accretion happens in testamentary & intestate succession

5) substitutions Palacios v. Ramirez, 111 SCRA 704 [1982] PCIB v. Escolin, 56 SCRA 266 [1974]

6) conditions, terms, modes (disposicin captatoria, caucin Muciana)

7) Revocations/Ways of Revoking [Arts. 828-834]

V. Intestate 1) Four basic rules of intestacy

2)

who are intestate heirs 2.a) Various combinations [Arts. 979-1014]

Combinations in Intestate Succession (found passim in Article 978, et seq.):

1. legitimate children alone - 979 the whole estate, divided equally.

2.

legitimate children & illegitimate children 983 & 176 (FC) the whole estate, each illegitimate child getting the share of one legitimate child.

3.

legitimate children & surviving spouse - 996 the whole estate, divided equally (the surviving spouse counted as one legitimate child). legitimate children, surviving spouse & illegitimate children 999 & 176 (FC) the whole estate, the surviving spouse being counted as one legitimate child and each illegitimate child getting the share of one legitimate child.

4.

5.

legitimate parents alone - 985 the whole estate, divided equally legitimate ascendants (other than parents) alone - 987 the whole estate, observing, in proper cases, the rule of division by line

6.

7.

legitimate parents & illegitimate children - 991 legitimate parents of the estate illegitimate children of the estate

8.

legitimate parents and surviving spouse - 997 legitimate parents of the estate surviving spouse of the estate

9.

legitimate parents, surviving spouse, illegitimate children - 1000 legitimate parents of the estate surviving spouse of the estate illegitimate children of the estate illegitimate children alone - 988 the whole estate, divided equally

10.

11.

illegitimate children & surviving spouse - 998 illegitimate children of the estate surviving spouse of the estate surviving spouse alone 994 & 995 the whole estate

12.

13.

surviving spouse & illegitimate parents - no article governing surviving spouse of the estate illegitimate parents of the estate (by analogy with Art. 997)

14.

surviving spouse & legitimate brothers & sisters, nephews & nieces 1001 surviving spouse of the estate legitimate brothers, sisters, nephews, nieces - of the estate (the nephews and nieces inheriting by representation, in the proper cases)

15.

surviving spouse & illegitimate brothers & sisters, nephews & nieces - 994 surviving spouse of the estate illegitimate brothers, sisters, nephews, nieces - of the estate (the nephews and nieces inheriting by representation, in the proper cases)

16.

illegitimate parents alone - 993 the whole estate

17.

illegitimate parents & children of any kind cf.993 illegitimate parents excluded children-inherit in accordance with Nos. 1, 2, & 10), supra legitimate brothers & sisters alone 1004 & 1006 the whole estate, with a brother/sister of the half-blood inheriting the share of a brother/sister of the full-blood.

18.

19.

legitimate brothers & sisters, nephews & nieces 1005 & 1008 the whole estate, observing the 2:1 proportion of full- and half-blood fraternity (No. 18, supra) and the nephews and nieces inheriting by representation in the proper cases. nephews & nieces with uncles & aunts 1009 by inference uncles and auntsexcluded (Bacayo v. Boromeo, 145 SCRA 986 [1986]) nephews and nieces inheriting in accordance with No. 22, infra

20.

21.

illegitimate brothers & sisters alone-no article governing the whole estate, observing the 2:1 proportion of full- and half- blood fraternity by analogy with No. 18, supra illegitimate brothers & sisters nephews, and nieces - no article governing the whole estate, as in No. 19, supra, by analogy

22.

23.

nephews and nieces alone 975 & 1008 the whole estate, per capita, but observing the 2:1 proportion of full- and the half-blood

24.

other collaterals 1009 & 1010 the whole estate, per capita, the nearer in degree excluding the more remote
State 1011 the whole estate

25.

3) representation in intestacy 2 instances

4) various kinds of children (the 2-step process)

5) 992 the successional bar Corpus v. Corpus, 85 SCRA 567 [1978] Diaz v. IAC, 150 SCRA 645 [1987]; 182 SCRA 427[1990]

6) concurrence of surviving spouse & 1 legitimate child 996 Santillon v. Miranda, 14 SCRA 563 [1965]

7) concurrence of spouse & brothers/sisters/nephews/ nieces (Armas v. Calisterio, 330 SCRA 201 [2000])

8) a) illegitimate brothers/ sisters Manuel v. Ferrer, 247 SCRA 476; b) nephews/nieces exclude uncles/aunts Bacayo v. Borromeo, 145 SCRA 986.

c)

Full- & half-blood siblings: c.1 testamentary succession equal (Art. 848) c.2 intestate succession 2:1 (Art. 1006)

VI. Capacity to Succeed: Arts 1024-1028/1032

VII.Collation Money claims should be filed vs. estate. This is mandatory (Union Bank v. Santibaez, 452 SCRA 228 [2005])

VIII.Acceptance & Repudiation: Arts. 1041-1057

Definitions

1. will 783

2. holographic will 810

3. inheritance 776

4. substitution 857

5. caucin Muciana 3 instances: 879 / 882 / 885

6. accretion 1015

7. representation 970

8. legitime 886

9. codicil 825

10. devisee/legatee 782

11. heir 782

12.

dependent relative revocation 832 / Molo v. Molo, 90:37 The rule is established that where the act of destruction is connected with the making of another will so as fairly to raise the inference that the testator meant the revocation of the old to depend upon the efficacy of the new disposition intended to be substituted, the revocation will be conditional and dependent upon the efficacy of the new disposition; and if for any reason, the new will intended to be made as a substitute is inoperative, the revocation fails and the original will remain in full force. (Gardner, pp. 232, 233)

13. scriptura / disposicin captatoria Art. 875

Enumerations

1) grounds for opposing

probate 839

2) grounds for disinheritance 919-921

3) ways of revoking a will - 830

4) grounds for unworthiness 1032