SUCCESSIONS extinguishes all rights, since it would be illogical to fix the birth

of a right from the moment when the will which is supposed to

 ART. 774. Succession is a mode of acquisition by virtue of 
create the right has ceased to exist.
 which the property, rights and obligations to the extent of the
 value of inheritance, of a person are transmitted through his &heories:
death to another or others either by will or by operation of law.
#. *ight ofof private
private property
propertyif
if a man
man has the
the right to own
Concept of Succession: Two sense private property, he has the power to dispose of such
prop
proper
erty
ty free
freely
ly,, impo
imposising
ng such
such lici
licitt term
termss and
and
Broa
Broad d Juri
Juridi
dica
ca Sens
Sense:
e: it signifi
signifies
es the substi
substitut
tution
ion or
conditions as he might deem convenient.
subrog
subrogat
ation
ion of a person
person in the transmi
transmissi
ssible
ble rights
rights and $. *ight ofof familyif
familyif the family isis recogni+ed
recogni+ed asas the heart
heart
obligations of another. (Note: it embraces not only succession and
and soul
soul of socie
society
ty,, the
the idea
idea of succe
successssio
ionn must
must,,
mortis causa but also succession inter vivos) therefore, revolve around it. ence, basis of succession
Stri
Strict
ct Juri
Juridi
dica
ca Sens
Sense:
e: it signifi
signifies
es the substi
substitut
tution
ion or rests upon family co-ownership.
subr
subrog
ogat
ation
ion of a pers
person
on in the
the tran
transm
smis
issib
sible
le right
right and
and . 'lectri
'lectricc &heori
&heories
esthe
these
se theories
theories try to harmon
harmoni+e
i+e the
obligations of a deceased person. (Note: it is only limited to two principlesindividual and social. ccording to the
succession mortis causa) exponents
exponents of these theories, the raison
raison d’etre of the
right of succession is the harmonious combination of 
Note: rticle !!" is in conformity with the general provisions two institutions
institutionspriv
private
ate ownership
ownership and the family.
family.
of rti
rticle
cle !#$ which
which enum
enumer
erat
ates
es the
the diffe
differe
rent
nt modes
modes of  (Note: this is because succession is after all but a mode
acquiring ownership and other real rights. of perpetuating
perpetuating the right to own private property.
property. &he
 basis or foundation of succession is the recogni+ed
 Artice 7!":
necessity of perpetuating man/s patrimony beyond the
%wne
%wners rshi
hip
p is acqu
acquir
ired
ed by occu
occupa
pattion
ion and
and by  limit of human existence.
intellectual creation.
 Art. 77#:
%wners
%wnership
hip and other
other real
real rights
rights over
over proper
property
ty are
$ecedent%ge
$ecedent%gene nera
rall term
term appl
applie
iedd to the
the pers
person
on whos
whosee
acquir
acquired
ed and transm
transmitt
itted
ed by law,
law, by donati
donation,
on, by 
property is transmitted through succession, whether or not left
testate and intestate succession, and in consequence of 
a will, if he left a will, he is also called the testator.
certain contracts, by tradition.
Su&'ecti(
Su&'ec ti(e
e Ee)en
Ee)ents ts of Success
Successionion%% cons
consis
istt of the
the
&hey may also be acquired by means of prescription.
decedent and those who are called to succeed such decedent
Basis of Succession: either by will or by operation of law, such as heirs, devisees or
legatees.
'xtrem
'xtremee ndivid
ndividual
ualist
ist and Social
Socialist
istwh
whoo deny
deny the very 
very 
existe
existence
nce of succes
succession
sion,, because
because they
they believe
believe that
that death
death
eira person called to the whole or to an aliquot portion of   Art. 777:
the inheritance either by will or by operation of law.
 4hen transmitted5 6 &he moment of the death of the
0eviseeis a person to whom a gift or real property is given by  decedent.
 virtue of a will.
Casua Ee)ent of Succession: it is expressed by the will
1egateea person to whom a gift of personal is given by virtue of the decedent as manifested in his last will and testament or
of a will. his presumed will as provided by law which is the efficient
cause of transmission of successional rights, while the fact of 
his death is the condition.
 Art. 77*:
Rue in case of presu)pti(e deat+:
In+eritance%all property, rights and obligations of a person
 rticle !!! is not only applicable to actual death but also to
 which are not extinguished by his death.
presumptive death. &his is clear from the provisions of rt 78
O&'ecti(e Ee)ent of Succession: t may be defined as the and 7# of the 99:
universality of all property, rights and obligations constituting
 Artice ,-. fter an absence of seven years, it being
the patrimony of the decedent which are not extinguished by 
unnown whether or not the absentee still lives, he
his death.
shall be presumed dead for all purposes, except for
In+eritance%refers to the universality of all the those of succession.
property, rights and obligations constituting the
&he absentee shall not be presumed dead for the
patrimony of the decedent which are not extinguished
purpose of opening his succession till after an absence
 by death.
of ten years. f he disappeared after the age of seventy-
Succession%is the legal mode by which such
five years, an absence of five years shall be sufficient in
property, rights and obligations are transmitted.
order that his succession may be opened. (n)
Note: the first is the ob2ective element of the second.
 Artice ,-!. &he following shall be presumed dead for
 nother Note: under our law, 3no succession shall be declared all purposes, including the division of the estate among
unless and until a liquidation of the assets and debts left by the the heirs:
decedent shall have been made and all creditors fully paid.
(#)  person on board a vessel lost during a sea voyage,
t is no longer the heirs who is responsible for the payment of  or an aeroplane which is missing, who has not been
the debts or obligation of the decedent, but the estate itself. heard of for four years since the loss of the vessel or
aeroplane;
 ($)  person in the armed forces who has taen part in
 war, and has been missing for four years;
()  person who has been in danger of death under
other circumstances and his existence has not been
nown for four years.
E/ceptions:
#. bsentee disappeared after the age of !< years old, in
 which case an absence of < years shall be sufficient
".  bsentee disappeared under any one of the three
circumstances enumerated in 7#, in which the absence
of " years shall be sufficient.
Effect of Judicia Sette)ent:
&he formal declaration or recognition of the right of the heirs
requires 2udicial confirmation in the proper testate or intestate
proceedings.
 Art. 770:
Succession )a1 &e:
!. Testa)entar1  (") 4hen the heir instituted is incapable of succeeding,
". 2e3a or Intestate
,. i/ed
 Art. 77-: Testa)entar1 Succession
 Art. 70: i/ed Succession
Testa)entar1%is that which results from the designation of  Contractua Succession% based on the fact that the ob2ect
an heir, made in a will execute in the form prescribed by law.
(Note: &he designation of an heir is no essential for the
 validity, what is essential is that the succession must be
effected through the testator/s will executed in the form
prescribed by law.
Intestateeffected by operation of law in default of a will. t
is not well defined in the 9ivil 9ode, but rt 7=8 enumerates
the instances when legal or intestate succession shall taes
place.
 rticle 7=8. 1egal or intestate succession taes place:
(#) f a person dies without a will, or with a void will, or
one which has subsequently lost its validity;
($) 4hen the will does not institute an heir to, or
dispose of all the property belonging to the testator. n
such case, legal succession shall tae place only with
respect to the property of which the testator has not
disposed;
() f the suspensive condition attached to the
institution of heir does not happen or is not fulfilled, or
if the heir dies before the testator, or repudiates the
inheritance, there being no substitution, and no right of 
accretion taes place;
except in cases provided in this 9ode.
i/ed%in the sense that it may effected partly by will and
partly by operation of law.
Note: f the testator maes a will which does not dispose all of 
his property, the result is what is nown as mixed succession.
of a contract should exist at the moment of its celebration or at
least, it can exist in the future.
 rt. #"!: No contract may be entered into upon future
inheritance except in cases expressly authori+ed by law.
Note: in this ind of succession the donation or disposition
does not have to be contained in a will, however it is essential
that it must be executed in accordance with the form
prescribed for donations by reason of marriage. n other
 words, it must comply with the Statute of >rauds.
 Art. 70!.
E/tent of In+eritance%includes:
#. ll of his property which are existing at the time of his
death;
$. ll of his transmissible rights and obligations which are
existing at the time of his death;
. ll of his property and rights which may have accrued
to the hereditary estate since the opening of succession.
Note: ?roperty in existence at decedent/s deathall property 
available for distribution among the persons called to the
inheritance after the settlement or liquidation.
&ransmissible rights and obligation(#) rights relative to
persons and property or purely personal rights are, by their
nature, N&*NS@SSA1' in character; ($) *ights relative to
property or patrimony rights B'N'*11C &*NS@SSA1'
in character, except those which are expressly made
intransmissible by operation of law such as personal and legal
usufructs and personal easements; () rights arising from
obligation or rights of obligations, whether contractual or
otherwise, are B'N'*11C &*NS@SSA1' in character,
except from this rule are those arising from contracts which by 
their very nature are intransmissible, those expressly 
intransmissible by contract agreements and operation of law.
ntransmissible rights and obligations
#. *ights and obligations between husband and wife;
$. ?roperty relations between husband and wife;
. ction for legal separation;
". ction to compel acnowledgement of a natural child;
<. ction to obtain 2udicial declaration of illegitimate
affiliation who is not natural;
=. ?arental authority;
!. *ights of a guardian;
D. *ight to receive ad the obligation to give support;
7. *ight to hold public office as well as right to exercise
profession or vocation;
#8. *ight to usufruct;
##. *ight to personal easement;
#$. *ights and obligation arising from contract of 
partnership;
#. 3 3 3 3 contract of agency;
#". 9riminal responsibility.
@onetary %bligations:
Ender the 9ivil 9ode only monetary obligations or claims for
money must be filed within the time limited by rules against
the estate of the decedent; otherwise they are barred forever. t
is only these claims which must be liquidated in the testate or
intestate proceedings.
 Art. 70".
Concept of an 5eir% n heir still succeeds to the whole or to
an aliquot portion of the inheritance either or by virtue of a
 will or by operation of law, while a devisee or legatee still
succeeds to individual items of property by virtue of a will.
(@eron ng meaning ang eir, 0evisee and 1egatee under
Sub2ective 'lement of Succession, rt !!<)

6inds of 5eirs:
&estamentary Succession:
!. ountar1 5eir
8 s called to succeed to the whole or aliquot portion of   by means of a will or by operation of law.
the disposable free portion of the hereditary estate by 
 virtue of the will of the testator.
". Co)pusor1 5eir
8 is an heir called by law to succeed to a portion of the
testator/s estate nown as legitime.
1egal or intestateall heirs are called legal or intestate heir,
ordinarily defined as an heir called to succeed by operation of  disinheritance, to annul the institution of the heirs to the
law when legal or intestate succession taes place.
Note: n intestate heir can inherit (#) by their own right; ($) by  pre2udices, but legacies and devises shall be valid; () 
the right of representation.
Concept of $e(isees and e3atees:
8 0evisees and legatees are only possible in testamentary 
succession.
8   devisee or legatee always succeed to individual items
of property by means of a particular or special title.
8 0evise of legacy which is given to a devisee or legatee
 by means of a will is, as a general rule, charge against
the free portion of the testator/s property. (Note: &his
rule is of practical importance only in case the testator
is survived by compulsory heirs, who under our system
of compulsory succession, are entitled to a legitime.)
8 &estator/s hereditary estate is divided, as a general rule
into the legitime or legal portion and the disposable
free portion.
0istinguished from heirs:
#. 0evisee or legatees are called to succeed to individual
items of property, while heirs are always called to
succeed to an indeterminate or aliquot portion of the
decedent/s hereditary estate.
$. 0evisee or legatees are always called to succeed by 
means of a will, while heirs are called to succeed either
Note: &he importance of distinction(#) n case of 
preterition or pretermission in the testator/s will of one,
some or all of the compulsory heirs in the direct line, the
effect is to annul the entirely institution of heirs, but
devises and legacies shall be valid insofar as they are not
inofficious; ($) n case of imperfection or defective
extent that the legitimate of the disinherited heirs is
case properties are acquired by the testator after the
execution of the will, such properties are not included,
unless it should expressly appear in the will itself that such
 was the testator/s intention, applicable only to legacies and
devises.
TESTAENTAR9 SUCCESSION:
 Art. 70,. i%is an act whereby a person is permitted, with
formalities prescribed by law, to control to a certain degree the
disposition of his estate, to tae effec t after his death.
Concept of is:
0efinitionis a disposition, made by a competent testator in
the form prescribed by law, of property over which he has legal
power of disposition, which disposition is of such nature as to 0elegation is allowed:
tae effect after his death.
#. &he power to distribute specific property or sums of 
C+aracteristics: money which he may left
$. &he power to designate the persons, institutions ot
#. Strict personal act; establishments to which such property or sums of 
$. ndividual and unilateral act;
money are to be given.
. >ree and voluntary act;
". >ormal and solemn act;  Art. 707.
<.  disposition of property;
=. ct of @ortis 9ausa, &estator may not mae a testamentary disposition is such a
!. mbulatory and revocable during testator/s lifetime. manner that another person has to determine whether or
not it is to be operative.
 Art. 704.
Note: llowing a  rd person to determine if the disposition
@aing of the will is strictly personal act, it cannot be left in is operative or not would tantamount to allowing the a  rd
 whole or in part to the discretion of a third person, or person to substitute the will for his own.
accomplished through the instrumentality of an agent or
attorney.  Art. 700. Interpretation of testa)entar1 
dispositions.
?ersonal character of 4illsthe mere drafting or writing of the
 will does not fall within the purview of the prohibition. &he cardinal rule of testamentary construction is to
ascertain the intention of the testator and give it effect; the
 Art. 70#. construction of any will must be for the purpose of 
$uration or efficac1 of t+e desi3nation of +eirs; determining the dominant intent of the testator; if the
de(isees or e3atees; or t+e deter)ination of portions testator/s intent can be clearly perceived or ascertained, it
 w+ic+ t+e1 are to ta<e; w+en referred &1 na)e; must prevail; a will is to be interpreted as to carry out the
cannot &e eft to t+e discretion of a t+ird person. intention of the testator; a will must be construed so as to
give full force and effect to the purpose of the testator; in
0elegation of testamentary actsthree inseparable acts, (#) construing the will the court will place itself in the position
duration of the designation of heirs, devisee or legates; ($) of the testator.
efficacy of the designation, () determination o portion.
NOTE: Read Artices 70-87-4.
 Art. 70*.
0ispositions susceptible to different interpretationin case
&estator may entrust to a  rd person the specific distribution of  in doubt, the interpretation by which the disposition is to
specific property or sums of money that he may leave in  be operative shall be preferred.
general.
 &he construction is to be adopted which will sustain and
uphold the will in all its part. f the language used is
TESTAENTAR9 CA>ACIT9 AN$ INTENT
reasonably susceptible of two interpretations, one which
 will def eat, and the other sustain, the provision, the doubt &estamentary capacityrefers to the ability as well as the
is to be resolved in favor of the construction which will give power to mae a will. &here is a difference between
effect to the will, rather than the one which will defeat it. testamentary capacity and testamentary power, the first
concerns the ability of the testator, while the second involves
ista<es and o)issions
the privilege under the law. ence, although a person has a
!. mperfect description or no person or property exactly  testamentary capacity it does not follow that he also has a
answers the descriptionmust be corrected in testamentary power.
ascertaining the testatorial intent using the intrinsic
 Art. 7-*. A persons w+o are e/press1 pro+i&ited &1 
and extrinsic but excluding the oral declaration of the
aw to )a<e a wi.
testator as to his intention.
". Encertainty as to the application of any of its !. 0o not possess necessary age and mental requirement;
provisionsascertained under the context of the will ". >amily relations;
and the circumstances under which it is made. ,. 9ivil interdiction;
4. ?rodigality;
#. nsolvency;
 After8ac=uired propert1%not included in the will, unless it *.  lienage;
is expressly appear in the will that such was the intention of  7. %ther similar in nature.
the testator.
 Art. 7-#. Re=uisites:
 aidit1 of is as to its for) depends on t+e #. e must be at least #D years of age; and
o&ser(ance of aw in force at t+at ti)e. $. e must be of a sound mind.
'ffect of changes after the testator/s deathwill perfectly valid
at the time of its execution cannot be invalidated by a law 
enacted after the death of the testator; neither can a will totally   +en capacit1 )ust e/ist% at the time of the execution of 
 void be validate upon subsequent legislation. the will.

'ffect of changes before the testator/s deathcannot have

retroactive effect upon the formality of the will.  Art. 7-7. >ersons of eit+er se/ under ei3+teen cannot
)a<e a wi.
 ge *equirementit is necessary that he must be at least
eighteen years of age. >ailure to conform with the requirement
shall invalidate the will.
NOTE: REA$ ARTIC2ES 7-080
@ental *equirementit is a requisite that the testator must be
of a sound mind at the time of execution of the will.
&est of sound mind:
Soundness of mindability of the testator to mentally  perverted, weaened or destroyed. t is evident that person
understand in a general way the nature and extent of his
property, his relation to those who naturally have a claim to
 benefit from the property left by him, and a general
understanding of practical effect of the will as executed.
#. 4hether he new, at least in a general way the nature
of the estate to be disposed;
$. 4hether he new, at least in a general way the proper
ob2ects of his bounty;
. 4hether he understood of comprehend the character of  'ffect of belief of supernaturalis not a sufficient evidence of
the testamentary act.
?resumption of sound mindthe law presumes that every  determined alone by what one believes.
person is of sound mind, in the absence of proof to the
contrary. &he burden of proof that the testator was not of a
sound mind during the execution of the will is on the person
 who opposes the probate of the will.
Sufficiency of evidence of mental capacitythe evidence
presented must cover a wide range in order that all facts may 
 be brought out which will assist the court in determining the
question of mental capacity.
'ffect of old agethe law prescribe no limit in point of age
 beyond which a person cannot dispose of his property by will.
'ffect of infirmity of diseaseneither is physical or disease
inconsistent with testamentary capacity. &his will not affect his
testamentary capacity, so long as it cannot be prove by 
competent evidence that at the time of the execution of the will
he is no longer in the position to now the nature of the estate
to be disposed.
'ffect of insanityfirst we need to define mental disease or
insanity refers to any disorder of the mind resulting from
disease or defect in the brain whereby mental freedom may be
suffering from them do not possess the necessary mental
capacity to mae a will. owever, mental aberrations which do
not result in such impairment of the faculties as to render the
testator unable to now or understand the nature of the estate
to be disposed of.
'ffect of mental delusionthe validity of a will is not affected
 by the fact that the testator was under a delusion, unless the
delusion influenced him at the time of the execution of the will.
 
testamentary incapacity.  testamentary capacity cannot be
'ffect of drunennessthe fact that the testator was under the
influence of liquor does not invalidate the will, provided that
he then comprehend the nature, extent and disposition of his
estate.
 Art. 0!80,%REA$ T5E CO$A2 >ROISION?
 Capacit1 of Spouse%a married woman may mae a will
 without the consent of her husband and without the authority 
of the court. (rt. D8$)

  married woman may dispose by will of aft her separate

property as well as her share of the con2ugal partnership or
absolute community property. (rt. D8)
Note: what can be disposed of would be merely ideal share of 
the spouse maing the will and not any specific or determinate
property belonging to the partnership or community.