SUCCESSION (pre-finals)

*Legal or Intestate Succession - is that kind of succession prescribed by law (and presumed by it to be the desire
of the deceased) which takes place when the expressed will of the decedent has not set down in a will.

* Reason: Because unexpected death may come to anyone, the law presumed what would have been the least
wishes of a person and such person made a will while still alive, taking into consideration his love and affection for
those closest to him.

A - 960.
*Grounds: Legal succession takes place when:
1. No will made; there is a will but void (lacks essential requisites or denied probate), or subsequently lost its
validity (revoked or ineffective)
2. No heir, no legatee, no devisee or when there is partial disposition. Intestacy controls the remainder.
3. If the suspensive condition does not happen or not fulfilled, in case of predecease, or in case of repudiation.
Provided that substitution or accretion does not take place.
4. When heir instituted is incapable of inheriting.
5. Intestacy also takes place when: (a) upon expiration of resolutory term; (b) upon fulfillment of resolutory
condition.
6. When there is preterition of a compulsory heir in the direct line.
7. In case of ineffective testamentary disposition.

Note:
Legal – terms are fixed.
Intestate – takes place when there is NO WILL or no particular disposition of the property concerned.

Legal v. Forced Succession

- In Legal law tries to follow the presumed will of the decedent
- In Forced (succession to the legitime) decedent must comply with the rules on the legitime, regardless of his
desire.

Notes:
• In case of incapacity, the estate descends by intestate succession unless there is a substitute or unless the
right of accretion exists.
• For a void will – there must be a declaration of the nullity of the will or positive disallowance of a will before
intestate heirs can inherit.
• When probate of a will is pending in a court, it must be terminated first before an intestate proceeding based
on preterition can start. Because normally, the matter of preterition deals with intrinsic, not extrinsic validity of
the will. However, when the will only deals with the institution of a sister, to the exclusion of the parents
(compulsory heirs), to continue with the probate is useless.

A - 961.
Notes:
• An intestate heirs Is not necessarily s compulsory heir (ei. Brothers/sisters, nephews/nieces, collateral relatives
to the 5th degree, and the State)
• The order of intestate succession cannot be altered by a contract.
• May intestate heirs be disinherited? YES - if the intestate heirs are also compulsory at the same time.
Otherwise, they cannot be disinherited. However, they may be excluded (expressly or impliedly).

Principles for the exclusion of Intestate heirs:

• Compulsory heirs and the State cannot be excluded.
• Exclusion of a person does not extend to his descendants.
• Express exclusion of one intestate heir makes the property go to the heirs of the same degree, if any; if none,
then to the heirs of the next degree.

A - 962.
Basic principles of Intestate Succession:
1. Nearer relative excludes the farther relative without prejudice to the right of representation (because in
representation, the farther becomes just as near as the near).
Rule on Proximity
- A concept that favors the relatives nearest in degree to the decedent and excludes the more distant ones
without prejudice to the right of representation.
- It is an absolute rule among collateral relatives, EXCEPT in cases where nephews/nieces concurs with the
brothers/sisters of the decedent.
1NANING NOTES
(rise of the fallen)
2. GENERAL RULE: Inheritance is in equal shares. EXCEPTIONS:
(a) Division between a full and half blood relatives;
(b) Division between the paternal and maternal lines;
(c) Division in case of representation.

Q: *If decedent is survived by a grandfather and a brother. Only GF shall inherit because direct line if preferred
over the collateral line.

Notes:
• Right of representation NEVER takes place in the ascending line. In the collateral, it takes place only to the
children of the brothers and sisters (full or half) of the deceased (thus, grandnephews/nieces are excluded).
• If half-blood relatives (brother/sisters or nieces/nephews) survive with full-blood relative, the FB gets double
the share that of the HB.
• Should there be more than one ascendant of equal degree of the same line, they shall divide the inheritance
per capita; if they are of the equal degree but of different lines, ½ shall go to the paternal and ½ to the
maternal ascendants. In each line, the division shall be made per capita.

RELATIONSHIP

A – 964-967.
Direct Line - series of degrees among the ascendants and descendants.
• Ascending – binds a person with those from whom he descends.
• Descending – unites the head of the family with those who descend from him.
Collateral Line – series of degrees among persons who are not ascendant nor descendants but who come from a
common ancestor.
Full Blood – existing between person who have common father and mother.
Half-Blood – existing between person who have either a common mother but different father, or a common father but
of different mother.

Collateral Line Direct Line

Ascending
Aunts/Uncle Grandparent
s3 s2

Brothers/Siste Parents 1
rs 2

Nieces/Nephe
Descending ws 3
Children 1

Grandchildr
en 2
A – 968.
If there are several relatives of the sane degree and one or more of them repudiates or incapacitated to succeed, his
portion shall accrue to the others of the same degree, save the right of representation when proper.
Examples:
a. D leaves 3 cousins, and estate is 3k. If one cousin is incapacitated or repudiates, the two remaining cousins
shall get additional 5H each. Each gets 1K in their own right and 5H by virtue of accretion.
b. D has children: ABC. A has children: X and Y. Estate is 300K. If A is incapacitated, X and Y shall get 50T each by
virtue of representation. But, if A repudiated, X and Y will get nothing and the share of A shall accrue to B and
C.

A – 969.
Effect of Repudiation:
If inheritance is repudiated by the nearest relative (if there is only one in that degree) or by all the nearest relative (if
a. If AB and C repudiate, the inheritance shall be divided among the four
there is many) – the relatives in the following grandchildren:
degree shall inherit in their own right.
XYWZ. Each get 300K in their own right. (No representation
Example: Estate is 1.2M. in case of repudiation).
b. If only C repudiates: A and B will get 600K each. X and Y are excluded since
the nearer excludes the farther (same way that W is excluded by B). And, Z
may not represent C who repudiated. 2NANING NOTES
c. (rise of the fallen)
If ABC are all incapacitated: XYWZ inherit by right of representation.
Thus, X and Y get, 200k each (from A’s share of 400K); W gets B’s share:
400K; lastly, C gets Z’s share of 400K.
 D

A B C

X Y W Z

A – 970.
*REPRESENTATION - is a right created by fiction of law wherein the representative is raised to the place and degree
of the person represented, and acquires the rights which the latter would have if he were living or could have
inherited. (Thru representation, a more distant relative is raised to the same place and degree of relationship, as that
of a closer blood relative of the decedent.)

*Grounds: There is right of representation in case of:

1. Predecease
2. Incapacity
3. Disinheritance (happens only in case of testate succession)

Note:
• Representation covers both rights and obligations – the representative succeeds not only to the properties and
rights of the decedent but also to all the latter’s transmissible obligations.
• Representative stapes into the shoes of the person he represents and succeeds, thus he inherits from the
decedent not from the represented.
• In intestate succession –the right of representation (when proper) covers all that the person represented
would have inherited.
• In testate succession - the right of representation covers only the legitime. There is no right to represent a
voluntary heir.
Example: ABC are the heirs. A has a child E. T gave each 300K, but A is incapacitated.
Answer: E gets only 150K (legitime of A) since he is not allowed to get the extra 150K because in that respect, A (his
father) was only a voluntary heir. Thus, the extra amount will go to B and C by accretion and each will get 375K.
• By virtue of representation, the farther becomes just as near as the nearer.
• Representation in the direct line is degree by degree.
• NO representation beyond: (a) relatives within 5th degree of relation from D; (b) children of the brothers/sisters
of the decedent in the collateral line.
• An adopted child cannot represent. Neither may be represented.
Reason: No filiation (whether by blood or by law) between the adopted child and the parents of the adopter. Legal
filiation is only between the adopter and the adopted. Besides, while a person by his legal actuations can give himself
an heir, nonetheless he cannot give relatives an heir. However, an adopted has all the right of a legitimate child with
regards to his adopted.

Effects of Adoption:
1. Adopted child remains the intestate her of his parents and other blood relatives.
2. If natural parents of adopted concurs with the adopter, the estate of adopted shall be equally divided between
the two. ½ each.
3. If the spouse OR illegitimate children concurs with the adopter, the estate of adopted shall be equally divided
between the two. ½ each.
4. If the spouse AND illegitimate children concurs with the adopter, the estate of adopted shall divided in 3 equal
shares. 1/3 each.
5. If only the adopters survive, they shall inherit the entire estate.
6. Ordinary rules of intestate succession shall also apply to the blood relatives of the adopted.

A – 971.
The Representative inherits from the decedent himself. Thus:
• Whatever the representative inherited by virtue of representation, such never became part of the estate of the
person represented.
• Representatives who are members of the same group inherit equally or per capita.
A – 972.
*The right of representation takes place in the direct descending line, but NEVER in the ascending line.
Thus: A grandfather cannot represent his incapacitated son to inherit form his grandson.
In the collateral line, it takes place only in favor the children of the brother or sisters, whether they be of the
full or half blood.
Thus: A grandniece cannot inherit by right of representation and is excluded by the nieces/nephews. GN may only
inherit in he own right from D.
3NANING NOTES
(rise of the fallen)
Case: A (grandfather) B (son) C (grandson). C died then B died following C. Can A inherit from C?
No. but he can intervene in the adjudication since B’s share is in the meantime still included in C’s estate. Note that, B
(his son) did not predecease C. Thus, A does not inherit by representation but by his own rights not from C but from
B’s estate.

A – 973-974.
• A representative must be capacitated to inherit from the decedent himself (not from the represented)
Thus: If a father disinherits his son, his son may still inherit from his grandfather by virtue of representation.

2 Ways of Inheriting
1. How much? Per Stirpes or Per Capita
2. How? By REPRESENTATION or by ONE’S OWN RIGHT.
• Per Stirpes – inheritance by group, all those within the same group shall inherit in equal shares.
• Per Capita – inheritance in equal shares.
A – 975.
If nephews/nieces concur with aunts/uncles (brothers/sisters of D) – they shall inherit by representation, and
distribution is per stirpes.
If alone survive – they inherit in their own right, and distribution is per capita.
Example: Estate is 900K. B and C are brothers of A (decedent).
A

B C

X Y Z
If C predeceases A: B gets 450K. Y and Z each get 225K (from C’s share). X gets nothing as he is excluded by B.
If B and C predecease A: XYZ divided the estate in 3 equal parts as they inherit in their own right and the division is
per capita. Each gets 300K.

A – 976-977.
A RENOUNCER may represent BUT cannot be represented.
*Reasons: A renouncer for motives of his own, does so voluntarily. His act of repudiation takes away his right to
dispose of the property – dispossesses indeed his children of that which could have gone down to them. Repudiation
is an act of disposition. While, in the case of incapacity, predecease and disinheritance, the loss is involuntary.
Thus, the children should not be deprived of inheritance as they should not suffer of having an unworthy parent.

ORDER OF INTESTATE SUCCESSION

I. Descending Direct Line

A - 978
• Descending direct line is preferred.
a. Descends
b. Ascends
c. Spreads (collateral)
d.
Rules:
1. Nearer excludes the farther.
2. Concurrent Intestate Heirs – legitimate children may inherit together with surviving spouse and illegitimate
children.

*Order of IS to the estate of a Legitimate Child

1. Legitimate children and their descendants
2. Legitimate parent and other legitimate ascendants
3. Illegitimate children and their descendants (whether legitimate of illegitimate)
4. Surviving spouse without prejudice to the rights of brother/sisters and nephews/nieces if any
5. Collateral relative within the 5th degree of relationship
6. State

Note: The order of succession is successive and exclusive, but the primary compulsory heirs are never excluded that
why there is such thing as Concurring Intestate Heirs. Thus:
1. Presence of legitimate children does not exclude the presence of illegitimate children and the surviving
spouse;
2. When spouse survives with legitimate children, the spouse if given a share equal to that of the wife.

4NANING NOTES
(rise of the fallen)
 3. When spouse survives with illegitimate children, the spouse if given ½ and the other half is given to the
illegitimate children.

*Order of IS to the estate of a Illegitimate Child

1. Legitimate children and their legitimate descendants
2. Illegitimate children and their descendants (whether legitimate of illegitimate)
3. Illegitimate parent (an illegitimate has no illegitimate ascendant)
4. Surviving spouse without prejudice to the rights of brother/sisters and nephews/nieces if any (this should refer to
illegitimate bros and sis by inference from A – 994.)
5. State

A – 979
• Legitimate includes legitimated. Children legitimated by a subsequent marriage enjoy same right as the
legitimate child. Legitimation of children who died before the celebration of marriage shall benefit their
descendants.
Rules for Adopted Children:
1. As long as there is legitimate children, the adopted has SAME rights as one legitimate child;
2. Adopted is a legal heir of the adopter. Adopter shall not be a legal heir of the adopted person, whose natural
parents shall inherit from him.
3. Presence of adopted child excludes a sister of the decedent.

A – 980 - 981.
Children of deceased always inherit in their own right, dividing the inheritance in equal shares. This is even true if the
children come from different marriages, as long as the dead parent is the common parent.
If children are survived with the other descendants of the children of deceased who are dead, the latter shall inherit by
representation. Also applies to incapacity. This article presupposes the right of representation of the other
descendants of the incapacitated or predeceased child of the decedent.

A – 982.
Inheritance by Grandchildren Estate is 900K. If BCD and J predeceased A. Divide.

A EF and G get 100K each (from B’s share).

H gets 300K.
K and L get 150K each.
B C D
Note:
• When children are all dead, the grandchildren
inherit by right of representation.
E F G H J (Representation is not proper in case of
repudiation)

K L
• If all the children of the deceased repudiates,
then the grandchildren can inherit in their

*Inheritance by Nephews and Nieces

• When nephews and nieces survive alone, they inherit in their own right and shall divide the estate per capita,
in equal portions.
• If a surviving spouse survives with brothers and sisters or nephews and nieces (the latter by right of
representation), gets one half of the inheritance, the others and sisters or nephew and nieces, being entitled to
the other half.
• Nephews and nieces can only succeed by right of representation in the presence of any brother or sister of the
deceased.
• Generally, uncles and aunts exclude nephews and nieces except when representation is proper (in case of
incapacity and predecease).

A – 983.
*Shares of Illegitimate Children concurring with Legitimate Children
• Proportion of sharing is 1:2 (2 for every legitimate child, 1 for every illegitimate child) PROVIDED that
the legitime of the legitimate child is not impaired.
• Otherwise, give the legitime of the legitimate child first, then whatever is left shall be divided among the
illegitimate children.

A – 984.
Estate of an Adopted Child
• The adopted child becomes a legal heir of the adopter, but shall remain a legal heir of his natural parent.

5NANING NOTES
(rise of the fallen)
 • In case of death of the adopted person, his parents and relatives by nature shall become his legal heirs, not his
adopter and its relatives.

II. Ascending Direct Line

A – 985 - 986.
Inheritance by Parents and Ascendants
• Parents and ascendants are excluded by the legitimate children and descendants of the deceased.
• At the same time, Parents and ascendants excludes the collateral relatives (brother/sisters etc)
• Parents and ascendants refer to the legitimate ascendants.
• No right of representation in the ascending line.
• The father and mother if both are living together shall inherit in equal shares. If only one of them is alive, he or
she shall succeed to the entire estate (reason: parents are entitled to the gratitude of their children).

A - 987 Estate is 1M. Divide.

Inheritance by Other Ascendants
If ABCDE and F survive:
E and F get 500k each to the exclusion of ABCD.
A B C D
If ACD and F survive:
F gets the entire 1M to the exclusion of grandparents. E’s share may not be
represented by C and D since there is no representation in the ascending line.
E ----------------------------- --- If F
A and B survive:
A and B get 500K each. Should there be more than one of equal degree
belonging to the same line, they shall inherit per capita.
G If AB and C survive:
A and B get 250K each. C gets 500K from F’s share. Should there be of
different lines but of equal degree, ½ shall go to the paternal and the
other half goes to the maternal ascendants. Division shall be per capita
in each line.

III. ILLEGITIMATE CHILDREN

A – 988 – 990.
• Illegitimate children get the entire estate in absence of the surviving spouse and legitimate descendants or
ascendants.
• If the Illegitimate children concur with the descendants of another illegitimate child, the latter shall inherit by
right of representation. Grandchildren always inherit by representation.
• An illegitimate can always be represented by his descendants, either legitimate or illegitimate.
• The hereditary rights granted to an illegitimate child shall be transmitted upon their death to
their descendants; which shall inherit by right s of representation from their deceased
grandparent.
• Descendants referred to in here apply to both legitime and illegitimate, as long as the parent is a legitimate.
A – 991.
Illegitimate Children concurring with Legitimate Ascendants
• Each gets ½ of the estate, notwithstanding the number in each group. This is different from the sharing of
legitime wherein the illegitimate descendants only get ¼. The intent of the law is to give the IC as much as
possible a share equal to that of the legitimate father.
• Note that legitimate ascendants are not excluded by illegitimate descendants. They concur together except
when there are legitimate descendants present, the legitimate ascendants are excluded.
Note: In a case where there is partial intestacy, such that there is a legacy given to a stranger. The legacy should be
charged to the share of the illegitimate child subject to the condition that their legitime should not be prejudiced.

Example: Estate is 1m. Heirs are the father and the illegitimate child. There is a will giving 200K as legacy to a friend.
Divide.
Father gets half (500K)
Friend gets the legacy of 200K charged to the share of IL.
IL gets the remainder of 300K.
Reason: If we give first the legacy then divide the 800K between the father and IL, the result would be that the
legitime of the father is impaired. On the other hand, if we only charge the legacy to IL’s share, he gets even more
than his legitime which is only 250K (1/4 of the estate).
Moreover, the intestate share is either EQUAL to or MORE THAN the legitime; it can NEVER be less.

General rule in Partial Intestacy – charge the legacies, etc to the shares of those given by law (on the intestate
succession) MORE than their respective legitime, without however impairing said legitimes.

A – 992.

6NANING NOTES
(rise of the fallen)
Barrier between Legitimate and Illegitimate Families - An illegitimate child has no right to inherit ab
intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives
inherit in the same manner from the illegitimate child.
Reason: The IC is disgracefully looked down upon by the legitimate family for being a product of a sin and evidence of
a broken life; and in return, the legitimate family is hated by the IC due to the privileged conditions and available
resource of which he is deprived. The law does no more than to recognize this truth by avoiding further
grounds for resentment. The law prefers to ignore the existing blood ties between them due to presumed
an intervening antagonism between the IC and the legitimate family.

Examples:
a. An illegitimate grandson cannot represent his father if his father is a legitimate son of his grandfather. Same
way as he cannot inherit in his own right ab intestato as well.
b. Legitimate daughter of the legitimate son cannot inherit from his illegitimate uncle.
c. An IC whose deceased mother was a legitimate child has no right whatever in the intestate succession of the
grandmother’s estate. Even if the latter died without legitimate descendants surviving her.
d. An illegitimate relative, even if within the 3rd degree from the propositus, is not entitled to the benefits of
reserva troncal.*

Notes:
• Rights granted to the illegitimate child are transmitted upon his death to his descendants whether legitimate
or illegitimate.
• This results to the unfair situation wherein the illegitimate descendants of a legitimate child are granted less
rights as compared with the illegitimate descendants of an IC.
• Is an illegitimate child allowed to represent his natural father? IT DEPENDS.*
YES – if the IC is going to represent a person who is also an IC of the decedent. NO BARRIER since the
whole line is illegitimate.
NO – if the IC will represent a person who is a legitimate child of the descendent – because of the BARRIER.
• The barrier applies also to testamentary succession in so far as the legitime is concerned. Because the
legitime id also succession by operation of law.
• The barrier id RECIPROCAL. Meaning, just as the IC cannot inherit ab intestato from the legitimate relatives of
his parents, the legitimate relatives of his parents cannot also inherit ab intestato from said IC.
• BARRIER – is the principle of absolute separation between the legitimate family and the illegitimate family.
Thus, when the law speaks of brothers and sisters, nephews and nieces, it refers to illegitimate brothers/sisters
as well as to the children, whether legitimate or illegitimate, of such brother and sisters.

A – 994.
• The illegitimate parents inherit the entire estate of the IC if the latter dies without issue.
• Only the illegitimate sisters and brothers may inherit from the IC. Illegitimate sisters and brothers refet to
other illegitimate children of the IC’s father or mother.
• An IC has no legitimate ascendant.
• Except for the illegitimate parent, brother, sisters, nephews and nieces, no other relative of the IC has the
right to succeed from him intestate.
• The legitmate child of the father of th IC has no right to inherit from said IC.
• IC has no illegitimate ascendants.
•

A Estate is 1m. B (smiley) and C are illegitimate sons of A.W is wife.

W -----------------------
D E
If only W survives – 1M.
If A and W survive –
C If W and CDE survive – w gets 500k. C gets 500K to the exclusion of
D and E.
If W and DE survive – w gets 500K. DE get 250K each by
representation.
If only D and E survive – they inherit in their own right getting 500K
each.
Note:
There is no barrier between B and C since the whole line is

A – 995. SURVIVING SPOUSE

• The surviving spouse must be legitimate for the common law marriages are not recognized in the Philippines.
• If the marriage is void for being bigamous, marriage in good faith is immaterial. Thus, the surviving spouse still
cannot inherit from the deceased as an intestate heir or compulsory heir.

7NANING NOTES
(rise of the fallen)
 • If the surviving spouse was the guilty party in the case of legal separation, she does not inherit as an intestate
heir.
• Unlike in the law of legitimes, there is no provision in intestate succession for the share of a surviving spouse
who married the decedent, when the latter was in articulo mortis. Evidently, whether or not the marriage was
in articulo mortis, the share of surviving spouse, if she survives alone, is SAME.
Reason: The purpose of the law in case of death in articulo mortis is to forestall the possibility of marriage with
some ulterior motives by marrying a person who is on the verge of death, and take advantage of the
circumstance. In intestate succession however, the law makes no distinction with respect to circumstances
surrounding the celebration of marriage, because the possibility of undue pressure and influence in the making of
the will is eliminated and the surviving spouse inherits by operation of law.

A – 996 - 997.
• Share of SS concurring with legitimate children or descendants – SS gets SAME share as that of EACH of the
LC. The intestate share of the surviving spouse must be equal to the share of the lone legitimate child. Also,
anent the fact that the law used “child”, following the rules of statutory construction it should be noted that
plural includes the singular.
• If there is only 1 legitimate child concurring with the SS, and no other relatives – both shall get equal intestate
shares, in accordance with the clear intent of the law to the surviving spouse as a child.
• If there be other intestate heirs who are ALSO compulsory heirs, aside from the lone legitimate child, each of
the heir must get their respective legitimes, and whatever is left shall be given to the surviving spouse.
• Share is also equal (half) if SS survives with ICs.

A – 999.
If SS survives with legitimate children or descendants, and illegitimate children – the spouse gets same share as that
of a legitimate child. However, it should be observed that the legitime of the spouse should not be impaired.
Therefore, the correct must be to confine the total share of the illegitimate child to the free portion, after respecting
the legitimes of the surviving spouse and the legitimate children.

A – 1000.
Share if SS survives with legitimate ascendants and illegitimate children – ¼ for SS, ¼ for the adopted child and ½ for
the legitimate ascendants.

Note:
• The adopted child only gets the rights of an acknowledge natural child, not that of a legitimate child otherwise,
the ascendants shall be excluded.
• Presence of adopted child does not exclude the parent or ascendant.
• Legacy is charged to the intestate share of the surviving spouse but her legitime is preserved. She also gets
whatever remaining after the legacy has been deducted since the intent of tha law was to give her as much as
share as that of a legitimate child.
A – 1000.
Share if SS survives with brothers and sisters or their children – SS gets ½ and ½ for brothers and sisters (and their
children)

A Estate: 1M. BCD are A’s legitimate children. W is D’s wife. E is D’s legitimate child and F is
D’s illegitimate child.
a. If only W survives: W gets whole 1M.
b. If BC and W survives: W gets 500K. B and C get 2500K each.
B C D W
c. If W and E survives: ½ each.
d. If W and A survives: ½ each.
E F e. If W and F survive: ½ each. – Illegitimate child excludes brothers and sisters of
the deceased.
f. If W survives with E and F: E (legitimate) – 500K; W (surviving spouse – 250K; F
(illegitimate) – 250K
Note:
1. You cannot follow A.999 otherwise; the legitime of E shall be impaired. Since the
division would be this was: E and W get 400K while F gets 200K. So, the better way is to
A – 1002.
• If the SS gave cause for the legal separation, he or she shall not have a right to inherit.
• Such legal separation must be decreed by court; as mere giving of cause is not sufficient.
• Reconciliation puts aside the effects of reconciliation.

8NANING NOTES
(rise of the fallen)
COLLATERAL RELATIVES

A – 1003-1004.
Inheritance by Collateral Relatives
• This refers to the intestate heirs, but nor compulsory.
• Among the collateral relatives, the nearer excludes the farther.
• Even a half-sister excludes all other collateral relatives regardless whether the latter belong from the line from
which the property of the deceased came.
• Collaterals cannot inherit in the presence of descendants.
• If the only survivors are all half-blood, they shall inherit in equal shares.

A – 1005.
• Shares of brothers and sisters surviving with nephews and nieces who are children of the decedent’s brothers
and sisters of full blood, the former inherits per capita, while the latter inherits per stirpes.
• Right of Representation in the collateral line does not extend to grandnephews and grandnieces.
• If there is a will instituting the widow as the sole heir, the brothers and sisters and their children cannot inherit.
Case: D was survived by an aunt and several nephews and nieces. Who will inherit the estate in this case?
Answer: Although the aunt and the nephews and nieces both belong to 3rd degree, still, the latter should inherit since
they belong to #4 in the order of the intestate succession, while the aunt is only in #5.
M F
Estate is 240K. Only YSLMPR and T survive. Divide.
Y and S – 60K each.
L and M (B’s children) – get 30K each from B’s 60K share.
PR and T (X’s children) – get 20K each.
Y D B S X

L M P R T

A – 1006-1008.
Note:
• If brother and sisters of full blood survive together with brothers and sisters from half-blood, the former shall
be entitled to a share double that of the latter.
• The niece of the full-blood gets a share double that of each of the nephews and nieces of the half-blood.
• If the nieces and nephews do not concur with any brother or sister of the decedent, the former inherits not by
right of representation but in their own right.
• Relatives of full-blood do not exclude the relatives of half-blood.
• If the survivors are sisters and brothers of half-blood from both sides, all shall inherit in equal shares without
distinction as to the origin of the property (a1007).
• Children of brothers and sisters of the half-blood shall succeed per capita or per stirpes, in accordance with the
rules laid down for brothers and sisters of the full blood (a1008).

Example: F was married to W and R was their legitimate child. When W died, F married M with whom he has 3
legitimate children, ST and U. if S dies and RT and U survive him. How will you divide the estate of 500K?
Answer: R gets 100K while T and U get 200K each. R is the half brother of S but T and U are S’s brothers of the full
blood.
If it was R who died, ST and U shall inherit in equal proportions since they are all half-blood of the decedent.
If it was F who was the decedent:
RST and U shall inherit in equal shares (125K). Since, legitimate children and their descendants succeed the parents
and other ascendants, without distinction as to sex or age, and even if they should come from different marriages.

A – 1009.
Inheritance by Other Collateral Relatives
• In every inheritance, the relative nearest in degree excludes the more distant ones, saving the right of
representation when it properly takes place.
• The presence of a half-sister excludes a collateral of a more remote degree.
• The absence of brothers, sisters, nephews and nieces is a precondition before the other collateral relatives
(uncles, cousins, etc) may be called of succession.
• If the deceased is survived by children of a predeceased FULLBLOOD sister, and by children of a HALF BLOOD
brother, each of the first group gets DOUBLE the share of each of the second group.
• A decedent’s aunt may not succeed ab intestato so long as nephews and nieces of the decedent survive, and
are willing and qualified to succeed. Although, both relatives belong to the 3rd degree of relationship, still the
latter is preferred since the latter is in #4 in the order of intestate succession while the former is in #5.

9NANING NOTES
(rise of the fallen)
A – 1010.
• Succession is limited to the 5th degree - The right to inherit ab intestato shall not extend to the 5th degree of
relationship in the collateral line.
• This is in the interest of national economy and social welfare, and in keeping with the underlying philosophy of
socialization of ownership of property.

STATE
A – 1012.
• In the absence of any relative within the 5th degree, it would not be a wise policy to leave the property
ownerless; hence the Sate is considered as the last intestate heir.
• SG or his representatives may file a petition in behalf of the state in the RTC of the province where the
deceased last resided or in which he had estate, if he resided out of the Philippines.
• ESCHEAT – succession by the State to properties considered ownerless for lack of competent legal heirs. This
is an attribute of sovereignty, rests on the principle that the State that owns all the property within its
territorial jurisdiction.

How is the estate inherited by the State is distributed?

a. Debts and charges must be first paid.
b. If personal property – assigns to the municipalities where the decedent last resided.
c. If real property – assigned to the municipalities or cities where the estate is located.
d. If the deceased never resided in the Philippines – estate shall be assigned to the municipality or city where the
same is located.
e. The estate shall be for the benefit of public schools, public charitable institutions and centers, in such
municipality or city.
A – 1014.
If a person legally entitled to the estate of the deceased appears and files a claim thereto with the court within 5 years
from the date of the property was delivered to the State, such person shall be entitled to the possession of the same,
or if sold, the municipality or city shall be accountable to him for such part of the proceeds as may not have been
lawfully spent.

Notes:
• If a relative who may have priority over the State appears only after the escheat proceedings, he may file a
claim within a period of 5 years from the date the judgment in the date the property was delivered to the
State.
• If a claim is not made within 5 years from the date the judgment of escheat proceeding is made, the claim
shall be barred forever.

Rules on Intestate Succession

1. The nearer excludes the farther, without prejudice to the right of representation (because by virtue of
representation, the farther becomes just as near as the nearer).
2. NO right of representation in the ascending line – only in the descending line.
3. In the collateral line, right of representation is given only to the children of brothers and sisters. Thus,
grandchildren of brothers and sisters cannot represent in the succession of the decedent; neither can the
children of first cousins.
4. Right of representation in the collateral line is true only in legal succession, never in testamentary succession,
because a voluntary heir cannot be represented.
5. The intestate share is either equal to or greater than the legitime (otherwise, a good way to decrease the
legitime would be dying intestate).
6. In case of partial intestate succession, the legacies and devises or institutions to the free portion must be
charged PROPORTIONATELY against the intestate heirs who are given intestate shares greater than their
legitimes, insofar as said excess is concerned, but in no case should the legitime be impaired.
7. Grandchildren ALWAYS inherit by right of representation, provided representation is proper. Therefore, if all
children repudiate, the grandchildren inherit in their own right, for here, representation is not proper.
8. Nephews and nieces inherit by representation – when they concur with aunts and uncles (provided that
representation is proper, that their own parents should not have repudiated). In their own right – when they
do not concur with aunts and uncles.
9. There is a barrier between the LEGITIMATE and the ILLEGITIMATE family.
10. There can be reserve troncal in succession.
11. A renouncer can represent but cannot be represented.
12. A person, who cannot represent a nearer relative, cannot also represent a relative in farther degree.

10NANING NOTES
(rise of the fallen)