SUCCESSION Finals PDF

SUCCESSION
BY ATTY. WALDEMAR GRAVADOR | FINALS | EH404 2017-18

TOPIC 3: INTESTATE SUCCESSION

In intestate succession, we no longer talk about legitimes or free portions.
I. GENERAL PROVISIONS Everything will be divided among the legitimate and illegitimate relatives.

WHEN DOES IT TAKE PLACE

Legitimate and illegitimate relatives of the deceased
Art. 960. Legal or intestate succession takes place: • Children – both legitimate and illegitimate
(1) If a person dies without a will, or with a void will, or one which • Parents – both legitimate and illegitimate
has subsequently lost its validity; • Brothers and Sisters and their children (nieces and nephews)
(2) When the will does not institute an heir to, or dispose of all the • Nieces and Nephews
property belonging to the testator. In such case, legal succession th
• Relatives up to 5 degree
shall take place only with respect to the property of which the
testator has not disposed; Spouse
(3) If the suspensive condition attached to the institution of heir State
does not happen or is not fulfilled, or if the heir dies before the
testator, or repudiates the inheritance, there being no ORDER AND SHARE IN THE INTESTATE SUCCESSION
substitution, and no right of accretion takes place;
(4) When the heir instituted is incapable of succeeding, except in Art. 962. In every inheritance, the relative nearest in degree excludes the
cases provided in this Code. more distant ones, saving the right of representation when it properly
takes place.
(2) When the will does not institute an heir to, or dispose of all the property
belonging to the testator. In such case, legal succession shall take place only Relatives in the same degree shall inherit in equal shares, subject to the
with respect to the property of which the testator has not disposed provisions of article 1006 with respect to relatives of the full and half blood,
Pertains to mixed succession. Testate with regard to the part of estate and of Article 987, paragraph 2, concerning division between the paternal
disposed pursuant to the will, the undisposed part is governed by the rules on and maternal lines. (912a)
intestacy.
When we say “legitimate illegitimate relatives of the deceased up to the fifth
(3) If the suspensive condition attached to the institution of heir does not degree”, we don’t mean that they all inherit. In intestate succession, we have
happen or is not fulfilled, or if the heir dies before the testator, or repudiates the principle of “the nearer excludes the father (proximity)” and that “the
the inheritance, there being no substitution, and no right of accretion takes descendant excludes the ascendants”.
place
This provision talks about intestacy when So, the order here is:
a. cases of modal or conditional institutions, and the condition is not 1. Legitimate children or descendants
fulfilled. 2. Legitimate parents or ascendants
b. Heir predeceases the testator 3. Illegitimate children or descendants or surviving sps
c. Repudiation of inheritance and no substitution or right of accretion 4. Brothers and sisters
5. Nephews and nieces
th
(4) When the heir instituted is incapable of succeeding, except in cases 6. Other collateral relatives within the 5 degree
provided in this Code 7. State

Remember the ISRAI Rule in preferential distribution? But the principles in compulsory heirs (testate succession) likewise applies
Institution where:
Consistent with the rule that testate succession shall be given • The legitimate children or descendants exclude legitimate parents
preference than intestate. • Legitimate children concur with illegitimate children and surviving
spouse
Substitution
When there is a provision that provides a substitute heir • Illegitimate children concur with legitimate children
• Illegitimate children likewise concur with surviving spouse and
Representation legitimate children
Law now presumes the intent of the decedent unlike in • Illegitimate children do not exclude the parents.
Institution and Substitution where it is governed by the express

intent of the decedent.
• Sps concurs with legitimate and illegitimate children

Accretion • Sps concurs with parents.
Two or more heirs called to the same inheritance • Sps concur with brothers and sisters and nephews and nieces
The nearer excludes the farther does not apply here.
Intestacy
Last in the preference. This is when the law fills in the gaps when • Nephews and nieces (children of siblings) exclude the aunts and
the intent of the testator can no longer be determined either by uncle although same in degree but law gives preference to the
expression or presumption. nephews and nieces.

These are the instances when the intestate succession arises. Examples:
Legitimate children are the only ones to concur
WHO ARE THE INTESTATE HEIRS They get the entire estate

Art. 961. In default of testamentary heirs, the law vests the inheritance, in Legitimate children concur with illegitimate children. What’s the
accordance with the rules hereinafter set forth, in the legitimate and shares of the illegitimate children?
illegitimate relatives of the deceased, in the surviving spouse, and in the Each illegitimate child gets ½ of the share of each legitimate child.
State. (913a)

BALAGON BERDUGO CAMPILAN DALUMBAR GALAS SARMIENTO SALERA| 1
SUCCESSION BY ATTY. WALDEMAR GRAVADOR | FINALS | EH404 2017-18
2. RULE OF DIVISION BY LINE – if there is more that on ascendant of

Illegitimate children concur, like in the case of Ramon Revilla, equal degree of the paternal and maternal lines, then the estate is
assuming he does not legitimate children but only 80 surviving divided in equal parts between the paternal line and maternal line
illegitimate children?
The 80 illegitimate children divide the entire estate among themselves REPRESENTATION

Relatives in the same degree shall inherit in equal shares Art. 970. Representation is a right created by fiction of law, by virtue of which
th
If all remaining intestate heirs are relatives of the 5 degree – they divide the the representative is raised to the place and the degree of the person
estate equally among themselves. represented, and acquires the rights which the latter would have if he were
living or if he could have inherited. (942a)

RELATIONSHIPS
Art. 971. The representative is called to the succession by the law and not by
the person represented. The representative does not succeed the person
Art. 963. Proximity of relationship is determined by the number of generations.
represented but the one whom the person represented would have succeeded.
Each generation forms a degree. (915)

Art. 972. The right of representation takes place in the direct descending line,
Art. 964. A series of degrees forms a line, which may be either direct or
but never in the ascending.
collateral.
In the collateral line, it takes place only in favor of the children of brothers or

A direct line is that constituted by the series of degrees among ascendants and
sisters, whether they be of the full or half blood. (925)
descendants.

Art. 973. In order that representation may take place, it is necessary that the
A collateral line is that constituted by the series of degrees among persons who
representative himself be capable of succeeding the decedent. (n)
are not ascendants and descendants, but who come from a common

ancestor. (916a)
Art. 974. Whenever there is succession by representation, the division of the
Art. 965. The direct line is either descending or ascending. estate shall be made per stirpes, in such manner that the representative or
The former unites the head of the family with those who descend from him. representatives shall not inherit more than what the person they represent
The latter binds a person with those from whom he descends. (917) would inherit, if he were living or could inherit. (926a)

Art. 966. In the line, as many degrees are counted as there are generations or Art. 975. When children of one or more brothers or sisters of the deceased
persons, excluding the progenitor. survive, they shall inherit from the latter by representation, if they survive with

In the direct line, ascent is made to the common ancestor. Thus, the child is one their uncles or aunts. But if they alone survive, they shall inherit in equal
degree removed from the parent, two from the grandfather, and three from the portions. (927)
great-grandparent.

Art. 976. A person may represent him whose inheritance he has renounced.
In the collateral line, ascent is made to the common ancestor and then descent (928a)
is made to the person with whom the computation is to be made.

Thus, a person is two degrees removed from his brother, three from his uncle, Art. 977. Heirs who repudiate their share may not be represented. (929a)
who is the brother of his father, four from his first cousin, and so forth. (918a)
Art. 982. The grandchildren and other descendants shall inherit by right of
Art. 967. Full blood relationship is that existing between persons who have the representation, and if any one of them should have died, leaving several heirs,
same father and the same mother. the portion pertaining to him shall be divided among the latter in equal
portions. (933)

Half blood relationship is that existing between persons who have the same

father, but not the same mother, or the same mother, but not the same
Art. 902. The rights of illegitimate children set forth in the preceding articles are
father. (920a)
transmitted upon their death to their descendants, whether legitimate or

illegitimate. (843a)
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
Art. 992. An illegitimate child has no right to inherit ab intestato from the
others of the same degree, save the right of representation when it should take
legitimate children and relatives of his father or mother; nor shall such children
place. (922)
or relatives inherit in the same manner from the illegitimate child. (943a)

Art. 969. If the inheritance should be repudiated by the nearest relative, should
there be one only, or by all the nearest relatives called by law to succeed, should Art. 1005. Should brothers and sisters survive together with nephews and
there be several, those of the following degree shall inherit in their own right nieces, who are the children of the descendant's brothers and sisters of the full
and cannot represent the person or persons repudiating the inheritance. (923) blood, the former shall inherit per capita, and the latter per stirpes. (948)

Art. 1006. Should brother and sisters of the full blood survive together with
CAVEAT: In Atty Gravador’s discussion, this was tackled AFTER Order of Intestate
brothers and sisters of the half blood, the former shall be entitled to a share
Succession (Just in case it will help us understand these concepts better).
double that of the latter. (949)

RULES OF PREFERENCE AND DIVISION: Art. 1007. In case brothers and sisters of the half blood, some on the father's
Direct descending line and some on the mother's side, are the only survivors, all shall inherit in equal
1. PREFERRED: Children are given preference. shares without distinction as to the origin of the property. (950)
2. PROXIMITY – the heir who is nearer excludes more remote heirs
Example: Children excludes the grandchildren Art. 1008. Children of brothers and sisters of the half blood shall succeed per
capita or per stirpes, in accordance with the rules laid down for the brothers
3. Right of Representation applies.
and sisters of the full blood.
Direct ascending line
1. PROXIMITY – the heirs who is nearer excludes more remote heirs.



RIGHT OF REPRESENTATION II. ORDER OF INTESTATE SUCCESSION

A right created by fiction of law, by virtue of which the representative is raised 1. Legitimate children or descendants
to the place and degree of the person represented and acquires the rights 2. Legitimate parents or ascendants
which the latter would have if he were living or if he could have inherited. 3. Illegitimates children or descendants
4. Surviving spouse
5. Brothers and sisters, nephews and nieces

a. Law. The representative is called in to the succession by the law not 6. Other collateral relatives within the 5th degree
by the person represented. 7. The State

b. Capacity. DESCENDING DIRECT LINE

i.
ii. He does not succeed from the person represented but Article 983. If illegitimate children survive with legitimate children, the shares
from the decedent – one whom the person represented of the former shall be in the proportions prescribed by article 895.
would have succeeded.
Article 895. The legitime of each of the acknowledged natural children and each
Hence, the representative must be capable of succeeding the of the natural children by legal fiction shall consist of one-half of the legitime of
each of the legitimate children or descendants.
decedent. Nevertheless, the representative is not disqualified to

represent the heir whose inheritance he has renounced.
The legitime of an illegitimate child who is neither an acknowledged natural, nor
a natural child by legal fiction, shall be equal in every case to four-fifths of the
c. Representation in the Direct and Collateral Lines legitime of an acknowledged natural child.
i. DIRECT LINE – representation takes place ad infinitum in
the direct descending line, never in the ascending line The legitime of the illegitimate children shall be taken from the portion of the
estate at the free disposal of the testator, provided that in no case shall the total
ad infinitum – unlimited, forever, no limit as long as legitime of such illegitimate children exceed that free portion, and that the
DIRECT line. The 5-degree limitation only applies to legitime of the surviving spouse must first be fully satisfied.
collateral relatives.
Article 988. In the absence of legitimate descendants or ascendants, the
illegitimate children shall succeed to the entire estate of the deceased.
1) Only legitimate children (grandchildren of

decedent) can represent a legitimate child of the
Article 989. If, together with illegitimate children, there should survive
decedent descendants of another illegitimate child who is dead, the former shall succeed
2) Both legitimate and illegitimate children in their own right and the latter by right of representation.
(grandchildren of decedent) can represent and
illegitimate child of the decedent Article 990. The hereditary rights granted by the two preceding articles to
illegitimate children shall be transmitted upon their death to their descendants,
ii. COLLATERAL LINE – representation takes place only in who shall inherit by right of representation from their deceased grandparent.
favor of the children of brothers or sisters (nephew and
nieces) whether of the full- or half-blood, and only if they Article 991. If legitimate ascendants are left, the illegitimate children shall divide
concur with one or more uncle/s or aunt/s the inheritance with them, taking one-half of the estate, whatever be the
number of the ascendants or of the illegitimate children.

d. Cases when there is Representation:
Article 992. An illegitimate child has no right to inherit ab intestato from the
i. Predecease of person represented
legitimate children and relatives of his father or mother; nor shall such children
ii. Incapacity or Unworthiness of person represented or relatives inherit in the same manner from the illegitimate child.
iii. Disinheritance of the person represented
ESTATE OF AN ILLEGITIMATE DESCEDENT
e. NO REPRESENTATION IN REPUDAITION
LEGITIMATE CHILDREN AND DESCEDENT

Art. 903. The legitime of the parents who have an illegitimate child, when such
child leaves neither legitimate descendants, nor a surviving spouse, nor
illegitimate children, is one-half of the hereditary estate of such illegitimate
child. If only legitimate or illegitimate children are left, the parents are not
entitled to any legitime whatsoever. If only the widow or widower survives with
parents of the illegitimate child, the legitime of the parents is one-fourth of the
hereditary estate of the child, and that of the surviving spouse also one-fourth
of the estate. (n)

Art. 983. If illegitimate children survive with legitimate children, the shares of
the former shall be in the proportions prescribed by Article 895. (n)

Art. 988. In the absence of legitimate descendants or ascendants, the
illegitimate children shall succeed to the entire estate of the deceased. (939a)

Art. 989. If, together with illegitimate children, there should survive
descendants of another illegitimate child who is dead, the former shall succeed
in their own right and the latter by right of representation. (940a)


get the whole estate
Art. 990. The hereditary rights granted by the two preceding articles to but each illegitimate
illegitimate children shall be transmitted upon their death to their descendants, child gets ½ of the
who shall inherit by right of representation from their deceased
share of each
grandparent. (941a)
legitimate child

Art. 991. If legitimate ascendants are left, the illegitimate children shall divide ½ of the estate for the
the inheritance with them, taking one-half of the estate, whatever be the illegitimate children
With surviving spouse
number of the ascendants or of the illegitimate children. (942-841a) and ½ of the estate for
the surviving spouse.
Art. 992. An illegitimate child has no right to inherit ab intestato from the ½ of the estate goes to
legitimate children and relatives of his father or mother; nor shall such children the legitimate
With legitimate
or relatives inherit in the same manner from the illegitimate child. (943a) parents; ¼ goes to the
parents and surviving
surviving spouse; and
spouse
Table of Intestacy for Legitimate Children ¼ goes the illegitimate
With whom the children
legitimate children Extent
concur and share • Illegitimate children do NOT exclude the legitimate parents but excludes
The legitimate children get illegitimate parents, brothers, sisters, nephews and nieces.
None alone the whole estate divided
equally among them. SURVIVING SPOUSE
The legitimate children and Art. 995. In the absence of legitimate descendants and ascendants, and
illegitimate children get the illegitimate children and their descendants, whether legitimate or
With illegitimate whole estate but each illegitimate, the surviving spouse shall inherit the entire estate, without
children illegitimate child gets ½ of prejudice to the rights of brothers and sisters, nephews and nieces, should
the share of each legitimate there be any, under article 1001. (946a)
child
Legitimate The legitimate children, Art. 996. If a widow or widower and legitimate children or descendants are
Children (LC) surviving spouse and left, the surviving spouse has in the succession the same share as that of
illegitimate children get the each of the children. (834a)
With surviving
whole estate – each IC gets
spouse and
½ of the share of each LC Art. 997. When the widow or widower survives with legitimate parents or
illegitimate children
(2:1). The spouse has the ascendants, the surviving spouse shall be entitled to one-half of the estate,
same share as one and the legitimate parents or ascendants to the other half. (836a)
legitimate child.
The LC and SS get the whole Art. 998. If a widow or widower survives with illegitimate children, such
estate – divided equally with widow or widower shall be entitled to one-half of the inheritance, and the
With surviving
the spouse having the same illegitimate children or their descendants, whether legitimate or
spouse
share as one legitimate illegitimate, to the other half. (n)
child.
Art. 999. When the widow or widower survives with legitimate children or
• The legitimate children cannot be excluded by other relatives. their descendants and illegitimate children or their descendants, whether
• However, they concur with surviving spouse and the illegitimate children. legitimate or illegitimate, such widow or widower shall be entitled to the
• Legitimate children exclude other ascendants and collateral relatives, same share as that of a legitimate child. (n)
including parents, brothers, sisters, nephews and nieces.
Art. 1000. If legitimate ascendants, the surviving spouse, and illegitimate
ILLEGITIMATE CHILDREN AND DESCEDENTS children are left, the ascendants shall be entitled to one-half of the
inheritance, and the other half shall be divided between the surviving
Art. 990. The hereditary rights granted by the two preceding articles to spouse and the illegitimate children so that such widow or widower shall
illegitimate children shall be transmitted upon their death to their have one-fourth of the estate, and the illegitimate children the other
descendants, who shall inherit by right of representation from their fourth. (841a)
deceased grandparent. (941a)
Art. 1001. Should brothers and sisters or their children survive with the
Art. 992. An illegitimate child has no right to inherit ab intestato from the widow or widower, the latter shall be entitled to one-half of the
legitimate children and relatives of his father or mother; nor shall such inheritance and the brothers and sisters or their children to the other
children or relatives inherit in the same manner from the illegitimate half. (953, 837a)
child. (943a)
Art. 1002. In case of a legal separation, if the surviving spouse gave cause
Table of Intestacy for illegitimate children for the separation, he or she shall not have any of the rights granted in the
With whom the preceding articles. (n)
illegitimate children Extent
concur and share Table of Intestacy for Surviving spouse
The illegitimate With whom the
children get the whole illegitimate children Extent
None alone
estate divided equally concur and share
Illegitimate Children
among themselves.
(IC) None alone Whole estate
The legitimate
The LC and SS get the
Legitimate children children and Surviving spouse (SS) With legitimate
whole estate – divided
illegitimate children children
equally with the
spouse having the
same share as one ILLEGITIMATE PARENTS
child. Art. 993. If an illegitimate child should die without issue, either legitimate
The IC, SS, and LC get or illegitimate, his father or mother shall succeed to his entire estate; and
the whole estate – if the child's filiation is duly proved as to both parents, who are both living,
each illegitimate child they shall inherit from him share and share alike. (944)
With Illegitimate
gets ½ of the share of
children and
each legitimate child. Art. 994. In default of the father or mother, an illegitimate child shall be
legitimate children
The spouse has the succeeded by his or her surviving spouse who shall be entitled to the entire
same share as one estate.
legitimate child.
½ of estate – If the widow or widower should survive with brothers and sisters, nephews
With illegitimate illegitimate children; and nieces, she or he shall inherit one-half of the estate, and the latter the
children ½ of estate – surviving other half. (945a)
spouse.
½ of estate – Table of Intestacy for Parents and Ascendants
With illegitimate legitimate parents; With whom the Extent
children and ¼ to surviving spouse; illegitimate children
legitimate parents ¼ to illegitimate concur and share
children The legitimate
½ of estate to the parents get the whole
With illegitimate Legitimate parents None alone
illegitimate parents; estate divided equally
parents (IP)
½ to surviving spouse between them.
½ of the estate goes to The whole estate
With legitimate surviving spouse; Illegitimate parents None alone divided equally
brothers (LB) and ½ to legitimate between them
sisters (LS), nephews brothers and They get the whole
and nieces legitimate sisters, estate divided equally
nephews and nieces. Other legitimate among them.
None alone
ascendants However, the Rule of
With illegitimate ½ of estate to the
Division of Lines
brothers (IB) and surviving spouse;
applies.
sisters (IS), nephews ½ to the IB, IS,
and nieces nephews and nieces ½ of estate to the
With illegitimate illegitimate children;
Legitimate parents
children ½ to the legitimate
• The surviving spouse CANNOT be excluded by any relative. parents
• However, the surviving spouse concurs with legitimate children, ½ of the estate to
illegitimate children, legitimate parents, illegitimate parents, brothers legitimate parents;
Legitimate parents With surviving spouse
and sisters and nephews and nieces. ½ of the estate to the
surviving spouse
Rules: ½ of estate to the
1. Surviving spouse alone, the whole estate. With surviving spouse legitimate parents;
2. Surviving spouse concurs with legitimate children and illegitimate Legitimate parents and illegitimate ¼ to surviving spouse;
children children ¼ to illegitimate
3. Surviving spouse concurs with brothers and sisters, and nephews children
and nieces (nearer excludes further does NOT apply)
• Parents and ascendants are excluded by legitimate children.
ASCENDING DIRECT LINE
COLLATERAL LINE
LEGITIMATE PARENTS AND ASCENDANTS
Art. 1003. If there are no descendants, ascendants, illegitimate children, or
Art. 985. In default of legitimate children and descendants of the deceased, a surviving spouse, the collateral relatives shall succeed to the entire estate
his parents and ascendants shall inherit from him, to the exclusion of of the deceased in accordance with the following articles. (946a)
collateral relatives. (935a)
Art. 1004. Should the only survivors be brothers and sisters of the full
Art. 986. The father and mother, if living, shall inherit in equal shares. blood, they shall inherit in equal shares. (947)
Should one only of them survive, he or she shall succeed to the entire
estate of the child. (936) Art. 1005. Should brothers and sisters survive together with nephews and
nieces, who are the children of the descendant's brothers and sisters of the
Art. 987. In default of the father and mother, the ascendants nearest in full blood, the former shall inherit per capita, and the latter per
degree shall inherit. stirpes. (948)

Should there be more than one of equal degree belonging to the same line Art. 1006. Should brother and sisters of the full blood survive together with
they shall divide the inheritance per capita; should they be of different lines brothers and sisters of the half blood, the former shall be entitled to a
but of equal degree, one-half shall go to the paternal and the other half to share double that of the latter. (949)
the maternal ascendants. In each line the division shall be made per
capita. (937)



Art. 1007. In case brothers and sisters of the half blood, some on the among them by
father's and some on the mother's side, are the only survivors, all shall reason of relationship
inherit in equal shares without distinction as to the origin of the by whole blood.
property. (950)
Collateral relatives shall inherit if there are NO
Art. 1008. Children of brothers and sisters of the half blood shall succeed 1. Descendants
per capita or per stirpes, in accordance with the rules laid down for the 2. Ascendants
brothers and sisters of the full blood. (915) 3. Illegitimate Children
4. Surviving spouse
Art. 1009. Should there be neither brothers nor sisters nor children of Other collateral relatives shall only be up to the fifth degree.
brothers or sisters, the other collateral relatives shall succeed to the estate. If all heirs belong to the fifth degree then they must divide the estate.
The latter shall succeed without distinction of lines or preference among If they are 50 collateral relatives and the estate is a 100 square-meter lot, then
them by reason of relationship by the whole blood. (954a) all 50 of them will divide said lot among themselves.

Art. 1010. The right to inherit ab intestato shall not extend beyond the Rules:
fifth degree of relationship in the collateral line. (955a) 1. Brothers and sisters concur with nephews and nieces and children
of a brother and sister of full blood.
2. Brother or sister does not exclude the nephews and nieces (nearer
Table of Intestacy for Collateral Relatives excludes further does NOT apply because nephews and nieces have
With whom the Extent a right of representation)
illegitimate children 3. Brothers of the full and of the half-blood concur
concur and share 4. Nephews and nieces excludes the uncles and aunts (Article 1009).
Brothers and sisters They get the whole Note: This was emphasized by sir.
Alone
of full-blood estate in equal shares 5. Brothers and sisters excludes the uncles and aunts.
The whole estate:
1. Per Capita – THE STATE
brothers and sisters;
With nephews and Article 1011. In default of persons entitled to succeed in accordance with the
nieces who are 2. Per Stirpes – provisions of the preceding Sections, the State shall inherit the whole estate.
Brothers and sisters
children of a brother Nephews and nieces
or sister of full blood (they will get one Article 1012. In order that the State may take possession of the property
share of their parent - mentioned in the preceding article, the pertinent provisions of the Rules of
brother or sister of full Court must be observed.
blood)
The whole estate; 2:1 Article 1013. After the payment of debts and charges, the personal property
sharing – the brothers shall be assigned to the municipality or city where the deceased last resided in
and sisters of half- the Philippines, and the real estate to the municipalities or cities, respectively,
Brothers and sisters Brothers and sisters
blood will each inherit in which the same is situated. If the deceased never resided in the Philippines,
of full-blood of half-blood
½ of the share of each the whole estate shall be assigned to the respective municipalities or cities
brother or sister of where the same is located.
full-blood.
Brothers and sisters Brothers and sisters The whole estate: Such estate shall be for the benefit of public schools, and public charitable
of half-blood – of half-blood – each with equal share institutions and centers, in such municipalities or cities. The court shall
Father’s side Mother’s Side distribute the estate as the respective needs of each beneficiary may warrant.
The whole estate in
equal shares. The court, at the instance of an interested party, or on its own motion, may
1. Nephews and order the establishment of a permanent trust, so that only the income from the
nieces of the half- property shall be used.
blood shall succeed
Nephews and nieces Alone
per capita or per
stirpes in accordance The state only comes into the picture if there are NO collateral relatives or any
with the rules laid person entitled to succeed. If the relatives left belong to the sixth degree, then
down re: brothers and it shall be the State who inherits.

sisters of full-blood Procedure: Escheats under Rule 91 of ROC.
Nephews and nieces
With uncles and aunts Where shall the property go?

get the whole estate.
and other collateral 1. Personal property – to the municipality or city where the deceased
They exclude the
Nephews and Nieces relatives (other than last resided in the Philippines
uncles and aunts and
or where there is no 2. Real property - the municipality or city in which the same is
other collateral
brother and sister) situated.
relatives.
With Uncles and Brothers and sisters Remedy of legal heir after the State already distributed the estate

Aunts and other get the entire estate; Article 1014. If a person legally entitled to the estate of the deceased appears
collateral relatives The uncles and aunts and files a claim thereto with the court within five years from the date the
Brothers and Sisters
(other than or where and other collateral property was delivered to the State, such person shall be entitled to the
there is no nephew or relatives are excluded. possession of the same, or if sold, the municipality or city shall be accountable
niece) to him for such part of the proceeds as may not have been lawfully spent.
The entire estate –

Other collateral The heir is given five (5) years from the delivery of the property to the State to
Alone without distinction of
relatives make a claim.
lines and preference



IMPORTANT PRINCIPLES IN INTESTATE SUCCESSION 7. PER STIRPES SHARING

Whenever there is succession by representation, the division of the estate

1. RULE OF PREFERENCE BETWEEN LINES

a. Persons in the direct descending line exclude those in the direct shall be made per stirpes, in such manner that representative or
representatives shall not inherit more than what the person they represent
ascending and collateral lines - Descendants excludes the ascendants.
Example: legitimate children excludes legitimate parents would inherit, if he were living or could inherit.

Example: the children of a deceased brother may inherit by
Note: Do not apply to illegitimates. Illegitimate children do not exclude
the parents. representation. Each of these children DO NOT get equal shares with
the other brothers and sisters of the deceased brother (their father)
BUT will get ONLY the original share of the deceased brother (their
b. Persons in the direct ascending line exclude those in the direct
collateral line father).

2. RULE OF PROXIMITY

the relative nearest in degree excludes the more distant ones.

General rule: Nearer excludes the farther
Exception: When right of representation properly takes place.

3. RULE OF EQUAL DIVISION
relatives in the same degree shall inherit in equal shares.

Exception: There is NO equality
a. Between legitimate and illegitimate children
b. If the rule of preference between lines applies
c. Under the rule of division of line in the ascending line (between
paternal and maternal grandparents)
d. Between relatives of the full-blood and half-blood – brothers
and sisters and nephews and nieces
e. When right of representation takes place

4. IRON CURTAIN RULE
There is a separation between the legitimate family and the illegitimate family.
There is a wall separating the legitimate relatives from the illegitimate
relatives. The illegitimate family cannot inherit by intestate succession from
the legitimate family.

Based on an old understanding that the legitimate should be separated from
legitimate.

Example: Legitimate sibling cannot inherit from illegitimate sibling and vice-
versa. But this is limited to intestate succession because if you intend to
give something to your illegitimate sibling, you can do it through a will.

5. SEPARATION OF THE ADOPTED AND THE RELATIVES OF THE ADOPTER
Although the adopted child shall be treated as a legitimate child, the
relationship extends ONLY to the adopter/s. There is NO legal relationship with
the relatives of the adopter. Hence:

a. The adopted CANNOT inherit from the relatives of the adopter;
b. The right of representation DOES NOT apply – the adopted child
cannot represent and cannot be represented.
Except: If the adopted is a blood relative in proper cases.

6. REPUDIATION BY ALL IN THE SAME DEGREE
If the inheritance should be repudiated by the nearest relative, should there
be one only, or by all the nearest relatives call by law to succeed, should there
be several, those of the following degree shall inherit in their own right and
cannot represent the person or persons repudiation the inheritance.

First rule in repudiation, he who repudiates CANNOT be represented
Therefore, there can be no right of representation in repudiation.

Situation
Siblings X Y and Z inherited from their father.
If X repudiates, X Jr. cannot represent. His share goes to his co-heirs (ISRAI).
But, if all X Y and Z repudiates, then X Jr, Y Jr, Z Jr inherits in their own rights,
not per stirpes.


TOPIC 4: COMMON PROVISIONS Situation

Estate is P1M. ½ is bequeathed to Mang, the other ½ to Inasal.
I. RIGHT OF ACCRETION If Mang becomes incapacitated, can there be accretion?

CONCEPT Yes, the indication of “1/2 of P1M” is not deemed an earmarking because you
cannot exactly pinpoint which particular money is the half of the million.
Art. 1015. Accretion is a right by virtue of which, when two or more persons are
called to the same inheritance, devise or legacy, the part assigned to the one If P400,000 is bequeathed to Mang and P600,000 to Inasal, can there be
who renounces or cannot receive his share, or who died before the testator, is accretion?
added or incorporated to that of his co-heirs, co-devisees, or co-legatees. (n) Yes. It is still not earmarked because you cannot definitely pinpoint the
particular bills that are being given. Earmarking = determinate.
Provisions in accretion applies to BOTH intestate and testate succession.
If ½ of 1M in Chinabank to Mang and ½ of 1M in BDO is bequeathed, can there
Art. 1016. In order that the right of accretion may take place in a testamentary be accretion?
succession, it shall be necessary: No. This time, there is proper earmarking because you can pinpoint the
(1) That two or more persons be called to the same inheritance, or to money designated for each of the heir. No accretion can take place.
the same portion thereof, pro indiviso; and
(2) That one of the persons thus called die before the testator, or Earmarked = No accretion.
renounce the inheritance, or be incapacitated to receive it. (928a)
Art. 1019. The heirs to whom the portion goes by the right of accretion take it
REQUISITES OF ACCRETION: in the same proportion that they inherit. (n)
(1) That two or more persons be called to the same inheritance, or to the
same portion thereof, pro indiviso; If testator gives Xiao ½ of the estate, Bao 1/3 of the estate and Long 1/6 of the
pro indiviso means undivided estate, and Xiao repudiates. What is the proportion of Bao and Long’s added

inheritance due to the accretion?
(2) one of the co-heirs predeceases, renounces or becomes incapacitated. Since Bao was instituted 1/3 and Long 1/6, the ratio is 2 is to 1. Thus, they receive
1. predeceases additional inheritance based on that ratio.
2. renounces
3. incapacitated IN LEGAL SUCCESSION

additional situations: Art. 1018. In legal succession, the share of the person who repudiates the
4. non-fulfillment of a suspensive condition (testate) inheritance shall always accrue to his co-heirs. (981)
5. ineffective institution – if instituted to an heir who cannot be

determined (testate)
Compare this provision in Accession to the provision in Intestate succession:
6. presumptive death (testate or intestate)
ARTICLE 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
ARTICLE 1017. The words "one-half for each" or "in equal shares" or any others
the others of the same degree, save the right of representation when it should
which, though designating an aliquot part, do not identify it by such description
take place. (922)
as shall make each heir the exclusive owner of determinate property, shall not

exclude the right of accretion.
Will it therefore correct to say that in cases of intestate succession (with
In case of money or fungible goods, if the share of each heir is not earmarked, regard to repudiation and incapacity), and right of accretion are the same?
there shall be a right of accretion. (983a) Paras: Yes, it is just semantics but the results are the same.
Jurado: No, for cases of repudiation/incapacity, it is the effect of the rules on
Remember, a requisite of accretion is that they are co-heirs to a pro indiviso share intestacy and the only time that there is accretion is in cases of repudiation
of the estate. because there is no free portion to speak of.

Thus, there is no accretion if there is already an “earmarking” of the portion to be Art. 1022. In testamentary succession, when the right of accretion does
given aka if the portion is already determined. not take place, the vacant portion of the instituted heirs, if no substitute

Situation has been designated, shall pass to the legal heirs of the testator, who shall
Moe was given a car, Larry was given a 1 hectare commercial land and Curly receive it with the same charges and obligations. (986)
was given a 15-hectare agricultural land all as voluntary heirs. Larry died
without an heir, where will the 1 hectare go? • Again, Accretion is subject to ISRAI.
To the intestate heirs of the testator because there can be no accretion since • Before applying accretion, check first if representation is applicable
they are not heirs to the same inheritance pro indiviso.
because they are mutually exclusive.

• If no representation, no accretion, then apply rules on intestacy.
Dexter and DeeDee inherited ½ each of a particular house.
If Dexter renounces will the entire house go to DeeDee? Situation

Yes, by accretion because they are both heirs to the same inheritance pro If Rhaegar predeceases his father the Mad King, and he dies without issue, his
indiviso. share to the inheritance goes to co-heir Daenerys, his living sister. (Accretion)

If the will indicated Dexter gets the first floor and DeeDee gets the 2nd floor.
But it was discovered that he had a living son, Aegon (aka Jon Snow). His share
Will the answer still be the same?
of his inheritance shall be represented by Aegon. (Representation > Accretion).
No, because although they are heirs to the same inheritance, it is not pro

indiviso or undivided because there was already earmarking. Because the will
designated specifically the first flood to Dexter, such earmarking bars But if upon Rhaegar’s death, he had no living descendants nor co-heirs, the
accretion to take place. The first floor goes to the intestate heirs of the inheritance is governed by intestate succession and goes to the collateral heirs
testator (ISRAI). of the Mad King (decedent) (so, goes to the dragons? Joke). (Accretion >

Intestate)
Indicating “one-half” does not make the inheritance as earmarked. It does not bar
accretion.


II. CAPACITY TO SUCCEED not deemed born if it dies within twenty-four hours after its
complete delivery from the maternal womb.

DETERMINATION

Art. 1034. In order to judge the capacity of the heir, devisee or legatee, his “except in case of representation, when it is proper.”
qualification at the time of the death of the decedent shall be the criterion.
This is actually not an exception. Even in case of representation, for purposes

of succession, the representative must already be alive or at least conceived
In cases falling under Nos. 2, 3, or 5 of Article 1032, it shall be necessary to wait
at the time the succession opens. He himself must be capable of succeeding
until final judgment is rendered, and in the case falling under No. 4, the
expiration of the month allowed for the report. the decedent.

If the institution, devise or legacy should be conditional, the time of the What this provision tries to say is that in cases of representation, if proper, the
compliance with the condition shall also be considered. (758a) person represented need not be alive at the time of the opening of succession
(exactly why we resort to representation in the first place)

We determine the capacity of the heir
INCAPACITY BECAUSE OF POSSIBLE UNDUE INFLUENCE
GENERAL RULE: At the time of death of decedent

XPN:
Art. 1027. The following are incapable of succeeding:
A) The effect of the render of final judgement retroacts to the day
(1) The priest who heard the confession of the testator during his last
of death of the decedent in the following:
illness, or the minister of the gospel who extended spiritual aid to him
during the same period;
(2) Any person who has been convicted of an attempt against the (2) The relatives of such priest or minister of the gospel within the fourth
life of the testator, his or her spouse, descendants, or ascendants; degree, the church, order, chapter, community, organization, or
(3) Any person who has accused the testator of a crime for which institution to which such priest or minister may belong;
the law prescribes imprisonment for six years or more, if the (3) A guardian with respect to testamentary dispositions given by a ward
accusation has been found groundless; in his favor before the final accounts of the guardianship have been
(5) Any person convicted of adultery or concubinage with the approved, even if the testator should die after the approval thereof;
spouse of the testator; nevertheless, any provision made by the ward in favor of the guardian
when the latter is his ascendant, descendant, brother, sister, or spouse,
B) In conditional institutions, the heir must both be capacitated shall be valid;
BOTH at the time of testator’s death and the fulfillment of the (4) Any attesting witness to the execution of a will, the spouse, parents, or
condition children, or any one claiming under such witness, spouse, parents, or
children;

(5) Any physician, surgeon, nurse, health officer or druggist who took care
Art. 1039. Capacity to succeed is governed by the law of the nation of the
of the testator during his last illness;
decedent. (n)
(6) Individuals, associations and corporations not permitted by law to
inherit.
Capacity to succeed is governed by the law of the nation of the DECEDENT,
not the heir.
INCAPACITY BECAUSE OF POSSIBLE UNDUE INFLUENCE
WHO MAY SUCCEED Among these people, exercise of influence is CONCLUSIVELY PRESUMED.

Art. 1024. Persons not incapacitated by law may succeed by will or ab intestato. (1) The priest who heard the confession of the testator during his last illness, or

The provisions relating to incapacity by will are equally applicable to intestate the minister of the gospel who extended spiritual aid to him during the same
succession. (744, 914) period;

Art. 1025. In order to be capacitated to inherit, the heir, devisee or legatee must Take note that the prohibition under this provision of the law is not
be living at the moment the succession opens, except in case of representation, limited to priest alone but it also includes pastors of other religion.
when it is proper.

Reason for the law: To safeguard the rights of the heirs who may be
A child already conceived at the time of the death of the decedent is capable of
defrauded by the sinister and undue influence which may be exercised
succeeding provided it be born later under the conditions prescribed in article by some priests or ministers over a dying man.
41. (n)

Atty Gravador:
Capacity to succeed refers to the ability of a particular heir to inherit and retain • If the testamentary disposition was made BEFORE the confession
the property given to him/her by the decedent. of the testator, such disposition in favor of the priest or minister is
deemed valid for there could not have been any undue influence.
To be capacitated to inherit, it is essential to be: • The institution made in the will in order to disqualify the priest or
• Either already living, OR minister must have been made immediately preceding the
• At least conceived at the moment the succession opens confession of the testator during his last illness.
Art. 40. Birth determines personality; but the conceived child shall be • If the testamentary disposition was made LONG AFTER the “last
considered born for all purposes that are favorable to it, provided it illness,” such that there was time to reflect on the wisdom of the
be born later with the conditions specified in the following testamentary provision, the disqualification does NOT apply.
article. (29a)
Note: Only this subparagraph was discussed by Atty Gravador
Art. 41. For civil purposes, the fetus is considered born if it is alive at

the time it is completely delivered from the mother's womb.
(2) The relatives of such priest or minister of the gospel within the fourth degree,
However, if the fetus had an intra-uterine life of less than seven
the church, order, chapter, community, organization, or institution to which such
months, it is not deemed born if it dies within twenty-four hours after
priest or minister may belong
its complete delivery from the maternal womb. (30a)

th
Up to 4 degree by consanguinity.
For civil purposes, the fetus is considered born if it is alive at the
time it is completely delivered from the mother’s womb. However,

if the fetus had an intra-uterine life of less than seven months, it is

(3) A guardian with respect to testamentary dispositions given by a ward in his (8) Any person who falsifies or forges a supposed will of the decedent. (756,
673, 674a)
favor before the final accounts of the guardianship have been approved, even if
the testator should die after the approval thereof; nevertheless, any provision
made by the ward in favor of the guardian when the latter is his ascendant, INCAPACITY BY REASON OF UNWORTHINESS
descendant, brother, sister, or spouse, shall be valid;]

If made BEFORE the final accounts – disqualified
(1) Parents who have abandoned their children or induced their daughters to lead
If made AFTER the final accounts – VALID
a corrupt or immoral life, or attempted against their virtue;
(4) Any attesting witness to the execution of a will, the spouse, parents, or
children, or any one claiming under such witness, spouse, parents, or children The law says “induced their daughters to live a corrupt or immoral life”,
may this apply to sons if the parent induced the latter to become a
Unless if there are three other competent and disinterested (not given stripper?
anything) witness to the will. YES, in view of the parent’s moral perversity

(2) Any person who has been convicted of an attempt against the life of the
(5) Any physician, surgeon, nurse, health officer or druggist who took care of the testator, his or her spouse, descendants, or ascendants;
testator during his last illness
REQUISITES: This paragraph requires a “conviction by final judgment.” Hence, an
1. Disposition was made during the last illness, after their care has been acquittal on any ground, even that of “reasonable doubt,” does not
commenced. result in incapacity.
2.They rendered continuing or regular care (not an isolated incident)
(3) Any person who has accused the testator of a crime for which the law
REMEMBER: Art 1027 only applies to the FREE PORTION (testate). If does not prescribes imprisonment for six years or more, if the accusation has been found
apply to LEGITIME or in INTESTACY. groundless;
The reason for their disqualification is their position to use undue
influence. However, legitimes or rules on intestacy is provided by law and For the accusation to be groundless, there must be a definite acquittal,
not affected by undue influence. and not one which is based merely on “reasonable doubt.” Thus, if the
acquittal is because of reasonable doubt, there was some ground for the
The only part of the estate that may be influenced is the disposition of accusation, and therefore incapacity does not arise.
the FREE PORTION.
(4) Any heir of full age who, having knowledge of the violent death of the testator,
should fail to report it to an officer of the law within a month, unless the
INCAPACITY BY REASON OF PUBLIC MORALITY
authorities have already taken action; this prohibition shall not apply to cases
*Not discussed by Atty Gravador wherein, according to law, there is no obligation to make an accusation;

Art. 1028. The prohibitions mentioned in article 739, concerning donations This provision is quite problematic under the present Philippine legal
inter vivos shall apply to testamentary provisions. (n) system. Is this law applicable to the Philippines, under our present laws,
there is no one who is really obliged to make any accusation since most
INCAPACITY BY REASON OF PUBLIC MORALITY of the crimes under the Revised Penal Code are public crimes.
Only in testamentary succession
The obligation to make an accusation applies only if state officials are
concerned.
1. Those made between persons who were guilty of adultery or

concubinage at the time of donation;
EFFECTS OF CONDONATION
2. Those made between persons found guilty of the same criminal offense,
in consideration thereof; Art. 1033. The cause of unworthiness shall be without effect if the testator
3. Those made to a public officer or his wife, descendants and ascendants, had knowledge thereof at the time he made the will, or if, having known of
them subsequently, he should condone them in writing. (757a)
by reason of his office.

INCAPACITY BY REASON OF UNWORTHINESS
Rules for Condonation:

• IMPLIED CONDONATION
Art. 1032. The following are incapable of succeeding by reason of unworthiness: Knowledge of the testator of the cause of unworthiness BEFORE or
(1) Parents who have abandoned their children or induced their daughters AT THE TIME of making the will, but still he provides something for
to lead a corrupt or immoral life, or attempted against their virtue;
that unworthy heir in the will, there is now an IMPLIED
(2) Any person who has been convicted of an attempt against the life of the CONDONATION.
testator, his or her spouse, descendants, or ascendants;

(3) Any person who has accused the testator of a crime for which the law The will in which the implied condonation is made must be:
prescribes imprisonment for six years or more, if the accusation has been (1) valid and it
found groundless; (2) must not be revoked

(4) Any heir of full age who, having knowledge of the violent death of the in order that there is implied condonation
testator, should fail to report it to an officer of the law within a month,
unless the authorities have already taken action; this prohibition shall not Implied condonation in a void or revoked will is as if there was no
apply to cases wherein, according to law, there is no obligation to make an condonation.
accusation;
• EXPRESS CONDONATION

(5) Any person convicted of adultery or concubinage with the spouse of the
testator; If knowledge comes only AFTER the execution of the will,

condonation must be in writing.
(6) Any person who by fraud, violence, intimidation, or undue influence

should cause the testator to make a will or to change one already made;
Express condonation is irrevocable, provided no vitiated consent.
(7) Any person who by the same means prevents another from making a
will, or from revoking one already made, or who supplants, conceals, or Condonation applies to incapacity by reason of UNWORTHINESS only.
alters the latter's will; Incapacity by reason of undue influence cannot be condoned.



III. ACCEPTANCE AND REPUDATION OF THE INHERITANCE • Renouncing his share in favor of a specifically identified co-

CONCEPT heir
waiver of inheritance in this situation is ACCEPTANCE
When we started our discussion in succession we have this misconception that because you cannot waive what you cannot have.
the right to this succession or right to the inheritance are transmitted
immediately at the moment of death seemingly suggesting that the death of “If he renounces it for a price in favor of all his co-heirs
the decedent is the end all and be all of succession. indiscriminately; but if this renunciation should be
gratuitous, and the co-heirs in whose favor it is made are
It is not because for there to be a full transfer of ownership rights, there must those upon whom the portion renounced should devolve
be acceptance of the inheritance by the heirs. by virtue of accretion, the inheritance shall not be deemed
as accepted.”
This is on the principle that no one is compelled to accept the gratuity of
another. If the waiver was made indiscriminately, meaning he does
not indicate who his renounced share must be given to =
ACCEPTANCE or REPUDIATION RETROACTS NO ACCEPTANCE.

Art. 1042. The effects of the acceptance or repudiation shall always retroact to
• Failure to accept or repudiate inheritance within 30 days
the moment of the death of the decedent. (989
of distribution
The right over the inheritance is not reckoned from the date of acceptance. It
is reckoned from the time of the death of the decedent as acceptance or Art. 1057. Within thirty days after the court has issued an
repudiation RETROACTS to the time of the opening of succession. order for the distribution of the estate in accordance with
the Rules of Court, the heirs, devisees and legatees shall
signify to the court having jurisdiction whether they accept
ACCEPTANCE OF INHERITANCE
or repudiate the inheritance.
Art. 1049. Acceptance may be express or tacit.

If they do not do so within that time, they are deemed to

An express acceptance must be made in a public or private document. have accepted the inheritance. (n)

A tacit acceptance is one resulting from acts by which the intention to accept is
necessarily implied, or which one would have no right to do except in the In probate proceeding, after the order of distribution, the
capacity of an heir. heirs will be asked to manifest an acceptance of the

Acts of mere preservation or provisional administration do not imply an inheritance or not in 30 days.
acceptance of the inheritance if, through such acts, the title or capacity of an
heir has not been assumed. (999a) However, filing of a manifestation is not mandatory. Just
like filing a Reply in Civil Procedure, the matters raised are
EXPRESS ACCEPTANCE – written document. It is not required to be executed deemed admitted. Thus, if you don’t file a manifestation,
in a public document, it can either be public or private. the inheritance is deemed accepted.

PUBLIC DOCUMENT – notarized by a notary public • Filing a complaint for partition
Attached with evidentiary value, you no longer have to That means that you are accepting the inheritance since
prove its due execution and authenticity you are enforcing a right as a co-owner
PRIVATE DOCUMENT – not notarized
• Entering into a compromise regarding inheritance
TACIT ACCEPTANCE – refers to acts in which acceptance can be inferred. An agreement co-heir of an exchange of property inherited
is a case of implied acceptance
Acts can be classified into: acts of administration or acts of strict

ownership.
II. ACTS OF MERE ADMINISTRATION

Do not imply acceptance on the inheritance
I. ACTS OF STRICT OWNERSHIP
Examples: harvesting fruits, collecting income, repairing the
An exercise of an heir of acts of disposition or acts of strict
property
ownership is an implied acceptance.
SUMMARY:
Examples: Art 1050 illustrates acts of strict ownership ACTS OF STRICT OWNERSHIP – acts of implied acceptance

Art. 1050. An inheritance is deemed accepted: ACTS OF MERE ADMINISTRATION – do not imply acceptance
(1) If the heirs sells, donates, or assigns his right to a stranger, or to
his co-heirs, or to any of them; REPUDIATION OF INHERITANCE

(2) If the heir renounces the same, even though gratuitously, for the Art. 1051. The repudiation of an inheritance shall be made in a public or
benefit of one or more of his co-heirs; authentic instrument, or by petition presented to the court having jurisdiction
(3) If he renounces it for a price in favor of all his co-heirs over the testamentary or intestate proceedings. (1008)
indiscriminately; but if this renunciation should be gratuitous, and
the co-heirs in whose favor it is made are those upon whom the Only EXPRESS REPUDIATION.
portion renounced should devolve by virtue of accretion, the • There is no such thing as implied repudiation
inheritance shall not be deemed as accepted. (1000) • Must be made in a public or authentic document
PUBLIC – notarized
Illustrative examples of Acts of ACCEPTANCE: AUTHENTIC – private document in writing whose
If the heir did not expressly accept but: authenticity and genuine character is admitted and
• he sells this inheritance and sold his pro indiviso share proven
implicit in that act is acceptance.
• heir donates and assigns his right



In other words, when you repudiate then you fail to RULE ON IRREVOCABILITY
notarize such, repudiation can still be effective by

Art. 1056. The acceptance or repudiation of an inheritance, once made, is

proving that such private document in your handwriting irrevocable, and cannot be impugned, except when it was made through any of
is duly executed and authentic. You can prove this by the causes that vitiate consent, or when an unknown will appear. (997)
presenting persons familiar with the handwriting or
expert witnesses. Once a choice of acceptance or revocation is made, it is irrevocable. It cannot
be impugned EXCEPT when there was a vice in consent.
Notarization is more convenient for evidentiary
purposes. Therefore, if you change your mind, the only option is to prove the existence
of a vice of consent.
WHEN REPUDIATION MAY BE SET ASIDE

Art. 1052. If the heir repudiates the inheritance to the prejudice of his own 30-DAY PERIOD

creditors, the latter may petition the court to authorize them to accept it in the
Art. 1057. Within thirty days after the court has issued an order for the
name of the heir.
distribution of the estate in accordance with the Rules of Court, the heirs,
The acceptance shall benefit the creditors only to an extent sufficient to cover devisees and legatees shall signify to the court having jurisdiction whether they
the amount of their credits. The excess, should there be any, shall in no case accept or repudiate the inheritance.

pertain to the renouncer, but shall be adjudicated to the persons to whom, in If they do not do so within that time, they are deemed to have accepted the
accordance with the rules established in this Code, it may belong. (1001) inheritance. (n)

The creditor of the heir who wishes to repudiate may file a petition to Failure to manifest acceptance or repudiation within 30 days from Order of
authorize creditor to accept inheritance in the name of the heir provided: Distribution amounts to implied acceptance.
1. Such person was a creditor of heir BEFORE the renunciation
2. No more properties of the heir to satisfy the obligation
3. Creditor can only claim up to the extent sufficient to cover the debt

TN: The renouncing heir is not considered to have accepted, he is still a
renouncer.

Reason of the law: While rights may be waived, waiver cannot be allowed if it
rd
is prejudicial to a 3 person with a right recognized by law. Thus, any contract
entered in fraud of creditors may be rescinded.

BOTH AN INTESTATE AND TESTATE HEIR

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 it in both capacities.

Should he repudiate it as an intestate heir, without knowledge of his being a

testamentary heir, he may still accept it in the latter capacity. (1009)

When one is BOTH a testamentary heir and a intestate heir, if he repudiates:

GENERAL RULE: Heir repudiates in BOTH capacities

Reason of the law: One who has knowledge that he was a testamentary heir but
repudiates, does not seem to appreciate the generosity of the testator, thus he is
not worth to receive his intestate share.

XPN:
If he repudiates being an intestate heir, but has NO KNOWELDGE
that he was likewise a testamentary heir = Heir is not deemed to
have repudiated being a testamentary heir.

Reason of the law: The heir may want to respect the express will of the
testator and would not desire to see the wishes of the testator
unsatisfied.

Example: If Javier Peña repudiates being an intestate heir to his
father, but he does not know that a will and testament was
executed, instituting him as voluntary heir — Javier may still accept
the inheritance as a voluntary heir as he is not deemed to have
repudiated being a testamentary heir.


IV. COLLATION
Extraordinary illness
CONCEPT Example surgeries

Art. 1061. Every compulsory heir, who succeeds with other compulsory heirs, Apprenticeship
must bring into the mass of the estate any property or right which he may have Customary gifts
received from the decedent, during the lifetime of the latter, by way of Interpreted to moderate gifts. Luxury cars are not deemed customary.
donation, or any other gratuitous title, in order that it may be computed in the
determination of the legitime of each heir, and in the account of the Art. 1068. Expenses incurred by the parents in giving their children a
partition. (1035a) professional, vocational or other career shall not be brought to collation unless
the parents so provide, or unless they impair the legitime; but when their
Purpose of collation: collation is required, the sum which the child would have spent if he had lived
1. To ensure equality among the compulsory heirs of the same class. in the house and company of his parents shall be deducted therefrom. (1042a)
2. Make sure that donations before the death of decedent are not
inofficious to preserve the legitime Expenses for a career
GR: Not collatable
When must there be collation? XPN: Unless the parents so provide, or unless they impair the legitime
There is only collation when there are compulsory heirs. “Unless the parents so provide” - The parents can indicate in their
will that such expenses are collatable
Arellano v Pascual
Collation has two distinct concepts: In this situation, the value of the expenses for the career of the
First, it is a mathematical operation by adding the value of donations
heir is chargeable against the FREE PORTION (Gravador, Jurado,
made by the testator to the value of the hereditary estate; and
Tolentino; LEGITIME for Paras).
Second, it is the return to the hereditary estate the property disposed of

by lucrative title by the testator during his lifetime.
COLLATABLE EXPENSES

The main purpose of collation is to determine the legitime and the free
COLLATABLE EXPENSES
portion. To ensure that dispositions intended to be taken from the free portion

do not exceed the actual value of the free portion (inofficious donations) to
Art. 1069. Any sums paid by a parent in satisfaction of the debts of his children,
preserve the legitime. Thus, collation only takes place if there are compulsory
election expenses, fines, and similar expenses shall be brought to
heirs because if there are no compulsory heirs, there is no legitime to be collation. (1043a)
safeguarded.
Even if the will is silent on the matter, expenses in Art 1069 are collatable.
Who are obliged to collate the donations they receive?

• Compulsory heirs – those donated to compulsory heirs must be
Sums paid by a parent in satisfaction of the debts of his children
imputed to their legitime.
Debts in the bank paid by parents are collatable
XPN: Donations to the spouse

While a surviving spouse is a compulsory heir, spouses are not
Election expenses
included because donations to the spouse during the marriage are
null and void. Funding for day-to-day pulong pulong by parents are collatable

Donations in favor of a future spouse (a gift before the wedding) Art. 1070. Wedding gifts by parents and ascendants consisting of jewelry,
are considered donations to strangers. clothing, and outfit, shall not be reduced as inofficious except insofar as they
may exceed one-tenth of the sum which is disposable by will. (1044)

• Strangers – those donated to strangers are imputed to the free
Wedding gifts
portion (to determine if donation was inofficious or not).
GR: Not collatable
TN: Heirs are only required to account for the value received, even if it is XPN: If value exceeds 1/10 of the free portion, the excess shall be
practicable to return. chargeable against the legitime of the heir.

NOT COLLATABLE EXPENSES WHAT SHALL ACTUALLY BE BROUGHT TO THE COLLATION

COLLATION IN VALUE
NON COLLATABLE EXPENSES
Not all expenses for the benefit of the heir are collatable. Art. 1071. The same things donated are not to be brought to collation and
partition, but only their value at the time of the donation, even though their just
Art. 1067. Expenses for support, education, medical attendance, even in value may not then have been assessed.
extraordinary illness, apprenticeship, ordinary equipment, or customary gifts
Their subsequent increase or deterioration and even their total loss or

are not subject to collation. (1041)
destruction, be it accidental or culpable, shall be for the benefit or account and
risk of the donee. (1045a)
Expenses for support

In relation to provision of support under the Family Code
COLLATION IN VALUE
Reason of the law: These expenses are not out of generosity but moral,
social and legal obligations What is brought to the collation is the VALUE of the property at the time of
donation.
Education The subsequent increase or decrease of the value or the loss or
Education here refers to basic education up to high school. destruction shall be borne by the done.
TN: Value is a factual issue. Usually, we use Tax Declarations to prove
Medical attendance such.
Example: circumcision


V. PARTITION AND DISTRIBUTION OF THE ESTATE

Illustration HOW PARTITION WILL BE AFFECTED

If at the time of donation, the value was P1M; but at the time of Art. 1078. Where there are two or more heirs, the whole estate of the
collation the value was already P10M, you bring into the collation the decedent is, before its partition, owned in common by such heirs, subject
value at the time of donation only or the P1M. to the payment of debts of the deceased. (n)

COLLATION IN KIND / RETURN IN KIND Art. 1079. Partition, in general, is the separation, division and assignment of a

Art. 1076. The co-heirs are bound to reimburse to the donee the necessary thing held in common among those to whom it may belong. The thing itself may
expenses which he has incurred for the preservation of the property donated to be divided, or its value. (n)
him, though they may not have augmented its value.

The donee who collates in kind an immovable which has been given to him must Partition is the act of distributing the property to different co-heirs, such that
be reimbursed by his co-heirs for the improvements which have increased the an aliquot portion of the property is distributed to the co-heirs.
value of the property, and which exist at the time the partition if effected.

JUDICIAL PARTITION
As to works made on the estate for the mere pleasure of the donee, no
reimbursement is due him for them; he has, however, the right to remove them, JUDICIAL PARTITION
if he can do so without injuring the estate. (n) This is a special civil action under Rule 69 of ROC.
There are two stages:
COLLATION IN KIND/ RETURN IN KIND
FIRST STAGE
Occurs when Filing of petition for partition.
1. Donation is totally reduced for being completely inofficious; The court here makes a determination WON the
2. Donee has no money or does not wish to reimburse in money properties alleged in the petition are co-owned
properties. This is contentious as there may be
Obligation of the DONEE: properties included which are no longer part of the co-
To return of the property itself. ownership.

Right of the DONEE: Example You bought a property with your own money.
To be reimbursed for necessary expenses Later, the property you bought was included in the
Necessary expenses include useful and necessary expenses for properties for partition under the estate of your father.
preservation. It does not include luxurious expenses (para 3, Art This is the point in the proceedings where you question
1076). the inclusion of such property.

SECOND STAGE
Actual partition.
This is where a Commissioner is appointed to prepare a
project of partition, a proposal on how to distribute the
properties.
A hearing is conducted and the parties will be asked to
comment on the project partition.
If there is no dispute – project partition is
confirmed by the court;
If heirs dispute – court will ask them to agree
among themselves the distribution of the
properties.
The project partition or the agreement between heirs,
as the case may be, will be confirmed by the court
through a court judgment.
On the strength of the court judgment, property will be
surveyed and each heir will be entitled a separate title
based on the approved partition.

EXTRAJUDICIAL PARTITION

WHO MAY EFFECTUATE AN EXTRAJUDICIAL PARTITION

1. DECEDENT HIMSELF
Art. 1080. Should a person make partition of his estate by an act
inter vivos, or by will, such partition shall be respected, insofar as
it does not prejudice the legitime of the compulsory heirs.

A parent who, in the interest of his or her family, desires to keep

any agricultural, industrial, or manufacturing enterprise intact,
may avail himself of the right granted him in this article, by
ordering that the legitime of the other children to whom the
property is not assigned, be paid in cash. (1056a)

Decedent may execute an act of partition
1. by will;
A will is a partition with formalities.


2. by an act inter vivos Rules on partition is an interplay of succession, land titles and special
Partition executed by the testator during his lifetime but proceedings.
shall only take effect upon his death. It is a partition
without formalities RIGHT TO DEMAND FOR PARTITION

Art. 1083. Every co-heir has a right to demand the division of the estate unless
If a decedent dies without executing a will, but executed the testator should have expressly forbidden its partition, in which case the
an inter vivos partition, will this be a case of testate period of indivision shall not exceed twenty years as provided in article 494.
succession? This power of the testator to prohibit division applies to the legitime.
No. Testate succession only happens if there is a will and
testament. Even though forbidden by the testator, the co-ownership terminates when any
of the causes for which partnership is dissolved takes place, or when the court
Partition inter vivos is only a guide in the distribution of finds for compelling reasons that division should be ordered, upon petition of
the property and is not equivalent to a will and one of the co-heirs. (1051a)

testament. Art. 1084. Voluntary heirs upon whom some condition has been imposed
cannot demand a partition until the condition has been fulfilled; but the other
Both documents only take effect after the death of co-heirs may demand it by giving sufficient security for the rights which the
decedent but it does not follow that if there is only a former may have in case the condition should be complied with, and until it is
partition inter vivos, it becomes a testate succession. known that the condition has not been fulfilled or can never be complied with,
the partition shall be understood to be provisional. (1054a)
Situation
WHO CAN DEMAND PARTITION

If Mang Tomas, in his lifetime, executes a partition inter
1. any compulsory heir;
vivos gives his son Lot A. Later, Mang Tomas changes his
2. any voluntary heir;
mind and now gives to his son Lot C. Can he do that?
3. any legatee or devisee;
Yes, the testator has the right to decide about the
4. any person who has acquired an interest in the estate.
disposition of the property while he is still alive.

RESTRICTIONS IN THE RIGHT TO DEMAND FOR PARTITION
2. THIRD PERSON DESIGNATED BY DECENDANT
1. unless the testator should have expressly forbidden its partition, in which case
Art. 1081. A person may, by an act inter vivos or mortis causa, the period of indivision shall not exceed twenty years
intrust the mere power to make the partition after his death to any Partition has been expressly prohibited by the testator for a period
person who is not one of the co-heirs. which shall not exceed twenty years

The provisions of this and of the preceding article shall be

observed even should there be among the co-heirs a minor or a 2. Agreement between co-heirs that the estate shall not be divided for a
person subject to guardianship; but the mandatary, in such case, period which shall not exceed ten years, renewable for another ten years.
shall make an inventory of the property of the estate, after Interestingly, there is no limit to the number of renewals you can have.
notifying the co-heirs, the creditors, and the legatees or
devisees. (1057a) 3. Partition is prohibited by law (ie: Family homes and party walls);

Mandatary. A Person entrusted to make the partition. He should 4. When to partition the estate would render it unserviceable for the use for
not be a co-heir. His partition may be either approved or rejected which it is intended

by the heirs. If rejected, the probate court can be called upon to
RIGHT OF LEGAL REDEMPTION OF CO-HEIR
decide the conflict.
Art. 1088. Should any of the heirs sell his hereditary rights to a stranger
3. HEIRS THEMSELVES before the partition, any or all of the co-heirs may be subrogated to the
Heirs will only have to execute a document. rights of the purchaser by reimbursing him for the price of the sale,
Affidavit of Adjudication by a Sole Heir – if there is only one provided they do so within the period of one month from the time they
heir were notified in writing of the sale by the vendor. (1067a)
Extrajudicial Settlement and Partition – several heirs
Here, you will have to hire a geodetic engineer to make a Right of legal redemption shall be exercised within 30 days from the date of
sketch plan with technical descriptions to be attached to the notice of the sale thereof.
Extra Judicial Settlement. This will be the guide to the survey
which will then be approved by the DENR Land Management
Right is predicated upon the fact that the sale made by the co-heir is effected
Services.
before the partition of the estate but after the death of the decedent. Hence,

there is no question about the right of a co-heir or co-owner to alienate his
This document will be presented to the Register of Deeds to
undivided share in the inheritance.
effectuate a TCT in your name.
But before a transfer can be made, the document must be
Requisites for Legal Redemption by Co-Heir:
published in a newspaper.
1. Several co-heirs
To give notice to creditors who may be prejudiced by the
2. One of the co-heirs sells his rights to a stranger
distribution.
3. Sale was BEFORE partition is effected

4. ROR must be exercised by one or more of the co-heirs within a period of
If there are no creditors to present after the publication: Heir
of 30 DAYS to be counted from a notice in writing of sale by the co-heir
will be issues a title with the annotation “subject to contingent
vendor
liabilities pursuant to Rule 74 of the ROC” indicating a two-year
5. Vendee is reimbursed for the price of the sale
statutory lien

If there are creditors: Creditors must file a Petition for
Situation
Settlement of the Estate.
Mario sells his designated property. Luigi wants to redeem the property since
Creditors have two years from the completion of the
it is adjacent to his designated share. Can Luigi compel the buyer to agree to
publication to file a claim.
the redemption?

No. The problem mentions of “designated shares” presupposing that the sale Illustration
was after the partition. Thus, Mario and Luigi are no longer co-heirs and thus During the lifetime of Kris Jenner, she mortgaged their Calabasas mansion
Luigi can no longer exercise the legal redemption as a matter of right. He which was subsequently foreclosed. However, the title remained in the
cannot compel the buyer to agree to the redemption. possession of Kris.

IMPORTANT: In a Deed of Sale of a pro indiviso (undivided) share, such deed Upon the death of Kris, co-heirs partitioned the estate and not knowing that
of sale must have the provision: “All Prospective Redemptioners were notified the Calabasas mansion was already previously foreclosed, it was adjudicated
of the sale for purposes of exercising the right of legal redemption.” to Kylie. The rightful owners of the mansion then evicts Kylie from the
property.
If this this provision is missing in the document, RD not accept.
Kylie complained and goes to Kourtney, Kim, Khloe, Rob and Kendall and asks
Law actually provides that compliance to the notification that triggers the 30- them to reduce their parts and give her a share of the property they inherited.
day prescription, an affidavit is to be executed. But in practice, adherence to
the affidavit requirement is not strictly followed. Instead, such notice is The Kardashian siblings then cannot just simply dismiss the claim of Kylie
incorporated already to the Deed of Sale, through the provision mentioned because law provides that they are bound to warrant the title and quality of
above. each property adjudicated.

Query DEFECTS OF PARTITION

In Paras, he mentions that sale to “strangers” include sale to legatees and RESCISSION OF PARTITION
devisees, meaning legatees and devisees are treated as strangers.
Atty Gravador: I would submit that legatees and devisees are heirs, not Art. 1097. A partition may be rescinded or annulled for the same causes as
strangers. If there is a sale in their favor, legal redemption cannot be applied. contracts. (1073a)
The requisites must be complied. It should be a sale to a stranger.
RESCISSION
What happens when a Testator wishes to keep his property intact for the caused by an intrinsic defect of the contract of partition
enjoyment of his heirs? Example: prejudice to creditors
A parent who, in the interest of his or her family, desires to keep any Atty Gravador: Paras mentions about prejudiced creditors yet offers
agricultural, industrial, or manufacturing enterprise intact, may avail himself of no explanation as to WON they can ask the heirs to pay them or the
the right granted him in this article, by ordering that the legitime of the other creditors can go to court to rescind the partition.
children to whom the property is not assigned, be paid in cash. (1056a)

This is precisely why an extrajudicial settlement must be published
Testator may exercise such right by ordering that the legitime of the other
and that in the title that will be issued to the heirs contains an
heirs (whom the property was not assigned), be paid in cash.
annotation on a two-year statutory lien giving the prejudiced creditors

the right to execute an appropriate proceeding to enforce payment.
If the heirs will partition contrary to the wishes of the testator, what is the

effect of the Partition?
Contrary to what Paras mentioned, I don’t think prejudiced creditors
It will be binding. Despite the prohibition to the division of the estate, such
can compel or can ask the court to set aside the partition agreement
prohibition can be defeated by mutual agreement of all the heirs agree to the
agreed upon by the parties.
partition of the property. And a party to such agreement cannot thereafter ask

for rescission under the principle of Estoppel.
Moreover, I don’t think there is any provision that allows the

prejudiced creditors to rescind a contract apart from those mentioned
If one of the heirs will stop the partition, can that heir invoke the fact that
in the laws on Obligation and Contracts (action pauliana over
there is prohibition for 20 years in order to defeat the action of the majority
contracts entered to prejudice creditors).
of the heirs?

Yes. Even if only one of the heirs would like to effect the wishes of the Testator
Allowing creditors to seek rescission on a partition agreement does
for the prohibition of partition, he can still invoke such fact and defeat the
not seem fair. They must first ask for payment from the heirs, and only
action of the majority. Partition will only be valid if there is mutual agreement when the heirs refuse to pay can they run after the distributive shares
by all the parties. of the co-owners.

EFFECTS OF PARTITION
Rescission of partition pertains to when an heir is adjudicated properties

whose value is less, by at least one-fourth, than the share to which he is
Art. 1091. A partition legally made confers upon each heir the exclusive
entitled. It must be the heirs that has been prejudiced, not the creditor.
ownership of the property adjudicated to him. (1068)

Art. 1098. A partition, judicial or extra-judicial, may also be rescinded on

After partition, estate is finally settled. Partition results in the EXCLUSIVE account of lesion, when any one of the co-heirs received things whose value is
ownership over the property adjudicated to the heir. less, by at least one-fourth, than the share to which he is entitled, considering
the value of the things at the time they were adjudicated. (1074a)
Art. 1092. After the partition has been made, the co-heirs shall be reciprocally

bound to warrant the title to, and the quality of, each property Illustration
adjudicated. (1069a) Heir is entitled to a share of P1M. In the partition, he is adjudicated a property
worth P650,000 only. Since the adjudicated property is lesser by more than ¼
WARRANTIES OF CO-HEIRS of the entitled share (more than ¼ of P1M or P250,000 difference), the heir
The co-heirs shall be bound to warrant the title (Warranty against eviction) has a ground to rescind the partition.
and the quality (Warranty against hidden defects) of each property
adjudicated. ANNULMENT OF PARTITION

Art. 1097. A partition may be rescinded or annulled for the same causes as

contracts. (1073a)



ANNULMENT
caused by extrinsic defect of the contract of partition
Example: vices of consent

PRETERITION IN PARTITION

Art. 1104. A partition made with preterition of any of the compulsory heirs
shall not be rescinded, unless it be proved that there was bad faith or fraud
on the part of the other persons interested; but the latter shall be
proportionately obliged to pay to the person omitted the share which
belongs to him. (1080)

PRETERITION
Exclusion of an heir in the partition.
Not a ground for rescission, only a reduction in the adjudicated properties to
the heirs or proportionate payment in favor of the omitted heir equivalent to
the share that belongs to him.

RESCISSION/ ANNULLMENT PRETERITION

GR: The partition is not binding on GR: Preterition in the partition is
the heir that was absent/ NOT a ground for rescission
defrauded. XPN: if there was bad faith or fraud
XPN: Absent heir ratifies the
partition.

INTRUSION IN THE PARTITION

Art. 1105. A partition which includes a person believed to be an heir, but

who is not, shall be void only with respect to such person. (1081a)

INTRUSION
Inclusion in the partition of one who is not actually an heir = VOID but only in
respect to the part corresponding to the non-heir.

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SUCCESSION

BY ATTY. WALDEMAR GRAVADOR | FINALS | EH404 2017-18

TOPIC 3: INTESTATE SUCCESSION

WHEN DOES IT TAKE PLACE

BALAGON BERDUGO CAMPILAN DALUMBAR GALAS SARMIENTO SALERA| 2

RIGHT OF REPRESENTATION II. ORDER OF INTESTATE SUCCESSION

b. Capacity. DESCENDING DIRECT LINE

BALAGON BERDUGO CAMPILAN DALUMBAR GALAS SARMIENTO SALERA| 5

With uncles and aunts Where shall the property go?

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IMPORTANT PRINCIPLES IN INTESTATE SUCCESSION 7. PER STIRPES SHARING

1. RULE OF PREFERENCE BETWEEN LINES

TOPIC 4: COMMON PROVISIONS Situation

If Dexter renounces will the entire house go to DeeDee? Situation

BALAGON BERDUGO CAMPILAN DALUMBAR GALAS SARMIENTO SALERA| 10

If they do not do so within that time, they are deemed to

BALAGON BERDUGO CAMPILAN DALUMBAR GALAS SARMIENTO SALERA| 11

Art. 1056. The acceptance or repudiation of an inheritance, once made, is

Should he repudiate it as an intestate heir, without knowledge of his being a

BALAGON BERDUGO CAMPILAN DALUMBAR GALAS SARMIENTO SALERA| 12

Their subsequent increase or deterioration and even their total loss or

BALAGON BERDUGO CAMPILAN DALUMBAR GALAS SARMIENTO SALERA| 13

V. PARTITION AND DISTRIBUTION OF THE ESTATE

Illustration HOW PARTITION WILL BE AFFECTED

WHO MAY EFFECTUATE AN EXTRAJUDICIAL PARTITION

A parent who, in the interest of his or her family, desires to keep

WHO CAN DEMAND PARTITION

The provisions of this and of the preceding article shall be

Art. 1098. A partition, judicial or extra-judicial, may also be rescinded on

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Art. 1105. A partition which includes a person believed to be an heir, but

BALAGON BERDUGO CAMPILAN DALUMBAR GALAS SARMIENTO SALERA| 17

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