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SuccessionFull description
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Basic Principles of Succession up to Capacity and Intent
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Civil Law
Compiled cases for succession. Full text
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SUCCESSION
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Notes on SuccessionFull description
Notes on Succession/Outline: Atty. Crisostomo A. Uribe/Supplied by: Apordo; Guasque; and Mabbun
December !" #$$
Outline In Succession Atty. Crisostomo A. Uribe Supplied by 1: Apordo, Mark Christian B. Guasque, Jaqueline M. Mabbun, Ma. Antonette M. I.
GENERAL PROVISIONS A.
Definition and Concept.
Article 774. Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law. (n)
Balane: 1. Succession is a mode of acquisition.-- Property, rights, and obligations are transmitted; transmitted; those w/c are not extinguished extinguished by death of the decedent is inheritance. Succession is but a process of transmission.
Succession is a mode of acquisition of inheritance transmitted to the heirs upon the death of the decedent through a will or by operation of law. 2. Two elements of Succession.-- (1 identity of ob!ects; (" change of sub!ects. 3. Rule.-- #he estate of the decedent pays for the obligations of the decedent. $hat is left is gi%en to the heirs. 4. Connect Connect Art. 774 w w Art. 77!" su#ra. &or money debts' f not paid in settlement proceedings, proceedings, heirs could be liable to the extent of what they recei%ed
&or obligations' ).g., lessee*lessor** lessee*lessor** obligation to +eep the lessee in the peaceful possession possession is transmitted transmitted to the heirs. heirs. $. %ro#ert& and Ri'(ts- Passed on to the decedents successors !. )*li'ations: a. +onetar&.-- -eneral rule' #he estate pays for them before the estate is partitioned )xception' l%are case. Predecessor fraudulently disposed of the prop. during litigation. S0 held that heirs cannot escape liability for their fathers transactions w/c ga%e way to this claim for damages. )%en though they did not inherit the prop., the monetary equi%alent thereof was de%ol%ed into into the mass of the estate w/c the heirs inherited. ereditary ereditary estates are
%&en t'ou(' )e don*t 'a&e any intention to pla(iari+e ,see n the matter of the charges charges of Plagiari Plagiarism, sm, ect. gainst gainst 2 3ariano 3ariano 0. 4el 0astillo, 0astillo, 3 no. 15*6*16*S0 15*6*16*S0,, 7ctober 1", "515- " attribution is 'ereby made to odell A. Molina 'o compiled t'e lecture o0 1ro0. 2alane and 1ro0. 2a&iera. And also to Dia+" Garcia" 3n(les" Mac'uca o0 45C6. 1a(e 1 o0 76
Notes on Succession/Outline: Atty. Crisostomo A. Uribe/Supplied by: Apordo; Guasque; and Mabbun
December !" #$$
always liable in their totality for the payments of the debts of the estate. $hate%er payment made made by the estate estate is ultimately ultimately a payment payment by the heirs heirs bec. these payments decrease decrease their inheritance. *. ,on-monetar&.-,on-monetar&.-- #ransmitted to the heirs. Article 712. Ownership is acquired by occupation and by intellectual creation.
Ownership and other real rights over property are acquired and transmitted by law, by donation, by testate and intestate succession, and in consequence of certain contracts, by tradition. They may also be acquired by means of prescription. (!"a) Article 1311. #ontracts ta$e effect only between the parties, their assigns and heirs, except in case where the rights and obligations arising from the contract are not transmissible by their nature, or by stipulation or by provision of law. The heir is not liable beyond the value of the property he received from the decedent.
%f a contract should contain some stipulation in favor of a third person, he may demand its fulfillment provided he communicated his acceptance to the obligor before its revocation. & mere incidental benefit or interest of a person is not sufficient. The contracting parties must have clearly and deliberately conferred a favor upon a third person. ('*a) Basis of Law of Succession Legal Pilosop! of te Ci"il Code on Succession #unda$ental Canges in te NCC B.
Su%&ects of Succession
Article 775. %n this Title, +decedent+ is the general term applied to the person whose property is transmitted through succession, whether or not he left a will. %f he left a will, he is also called the testator. (n)
Balane: )%ery testator is a decedent but not all decedents are testators. 8nder the merican system, a decedent who did not lea%e a will is called 9intestate.9 :ut this is not true in the Phils. Article 782. &n heir is a person called to the succession either by the provision of a will or by operation of law.
evi evise sees es and and lega legate tees es are are pers persons ons to whom whom gift giftss of real real and and perso persona nall prop proper erty ty are are respectively given by virtue of a will. (n) Balane:
#he definitions gi%en in this article are not good. #he definitions contained in the Spanish 0i%il 0ode were better. n heir succeeds by uni%ersal title. 4e%isee or legatee succeeds by particular title. ccording to to 0astan, an heir heir is one who who succeeds to the whole (uni%ersal (uni%ersal or or aliquot part of the estate. 4e%isee or legatee is one who succeeds to definite, specific, and indi%idualied properties. 1a(e 2 o0 76
Notes on Succession/Outline: Atty. Crisostomo A. Uribe/Supplied by: Apordo; Guasque; and Mabbun
December !" #$$
always liable in their totality for the payments of the debts of the estate. $hate%er payment made made by the estate estate is ultimately ultimately a payment payment by the heirs heirs bec. these payments decrease decrease their inheritance. *. ,on-monetar&.-,on-monetar&.-- #ransmitted to the heirs. Article 712. Ownership is acquired by occupation and by intellectual creation.
Ownership and other real rights over property are acquired and transmitted by law, by donation, by testate and intestate succession, and in consequence of certain contracts, by tradition. They may also be acquired by means of prescription. (!"a) Article 1311. #ontracts ta$e effect only between the parties, their assigns and heirs, except in case where the rights and obligations arising from the contract are not transmissible by their nature, or by stipulation or by provision of law. The heir is not liable beyond the value of the property he received from the decedent.
%f a contract should contain some stipulation in favor of a third person, he may demand its fulfillment provided he communicated his acceptance to the obligor before its revocation. & mere incidental benefit or interest of a person is not sufficient. The contracting parties must have clearly and deliberately conferred a favor upon a third person. ('*a) Basis of Law of Succession Legal Pilosop! of te Ci"il Code on Succession #unda$ental Canges in te NCC B.
Su%&ects of Succession
Article 775. %n this Title, +decedent+ is the general term applied to the person whose property is transmitted through succession, whether or not he left a will. %f he left a will, he is also called the testator. (n)
Balane: )%ery testator is a decedent but not all decedents are testators. 8nder the merican system, a decedent who did not lea%e a will is called 9intestate.9 :ut this is not true in the Phils. Article 782. &n heir is a person called to the succession either by the provision of a will or by operation of law.
evi evise sees es and and lega legate tees es are are pers persons ons to whom whom gift giftss of real real and and perso persona nall prop proper erty ty are are respectively given by virtue of a will. (n) Balane:
#he definitions gi%en in this article are not good. #he definitions contained in the Spanish 0i%il 0ode were better. n heir succeeds by uni%ersal title. 4e%isee or legatee succeeds by particular title. ccording to to 0astan, an heir heir is one who who succeeds to the whole (uni%ersal (uni%ersal or or aliquot part of the estate. 4e%isee or legatee is one who succeeds to definite, specific, and indi%idualied properties. 1a(e 2 o0 76
Notes on Succession/Outline: Atty. Crisostomo A. Uribe/Supplied by: Apordo; Guasque; and Mabbun
December !" #$$
).g., bequeathed 1/" of my fishpond in Pampanga to . s the successor an heir, legatee or de%isee de%isee, the prop. being a specific real prop. : s it im#ortant to distin'uis( *et. (eir de/isee and le'atee0
' :efore, yes. yes. #he heir inherited inherited e%en e%en debts of the decedent, decedent, e%en if if it exceed the %alue of the property. 4e%isees 4e%isees or legatees legatees were liable liable for debts of the decedent decedent only up to the extent of the %alue of the prop. ?. f read carefully, institution of heir is annulled while de%ise and legacy are not, so long as there is no impairment ofthe legitime. Art. 72 is not a worin' worin' definition.-definition.-- Someone who is a de%isee (succeeded (succeeded by a particular title can fit into the definition of an heir (succeeds to a fractional/ aliquot/ undi%ided part of the estate. and %ice %ersa. Article 887. The following are compulsory heirs-
(') egitimate children and descendants, with respect to their legitimate parents and ascendants/ () %n defaul defaultt of the forego foregoing ing,, legiti legitimat matee parent parentss and ascenda ascendants nts,, with with respect to their legitimate children and descendants/ (0) The widow or widower/ (1) &c$nowledged natural children, and natural children by legal fiction/ () Other illegitimate children referred to in article 2*. #ompulsory heirs mentioned in 3os. 0, 1, and are not excluded by those in 3os. ' and / neither do they exclude one another. %n all cases of illegitimate children, their filiation must be duly proved. The father or mother of illegitimate children of the three classes mentioned, shall inherit from them in the manner and to the extent established by this #ode. (2!*a) Balane:
#here are &i%e (> +inds of 0ompulsory heirs' 1. @egitimate children and descendants ". @egitimate parents and ascendants A. $idow or widower ?. c+nowledged natural children, and natural children by legal fiction >. 7ther illegitimate illegitimate children 8nder the &amily 0ode, there is no more distinction between ac+nowledged ac+nowledged natural children and illegitimate children. #hey are all considered as illegitimate.
1a(e 3 o0 76
Notes on Succession/Outline: Atty. Crisostomo A. Uribe/Supplied by: Apordo; Guasque; and Mabbun
December !" #$$
Bosales %. Bosales.** n this case, the deceased was the mother*in*law of the plaintiff. #he plaintiffs husband had predeceased his mother. #he plaintiff widow see+s a share in her mother*in*laws estate claiming she is a compulsory heir being a widow. #he S0 denied her claim bec. the widow in the law refers to the widow of the deceased and not of a relati%e of t he deceased. T(ree inds of Relations(i# Amon' Com#ulsor& eirs:
1. Primary.** @egitimate children, and in their absence, legitimate descendants. #hey are primary bec. they are absolutely preferred, and they exclude the secondary. ". Secondary.** @egitimate parents, and in their absence, legitimate ascendants #hey inherit only in the absence of default of the primary. A. 0oncurring.** Sur%i%ing spouse and illegitimate children. #hey get their legitime together w/ the primary or secondary heirs.
Ba/iera:
Per capita means equally per stirpes means by representation Article 100. Should brother and sisters of the full blood survive together with brothers and sisters of the half blood, the former shall be entitled to a share double that of the latter. ("1") Article 1007. %n case brothers and sisters of the half blood, some on the father4s and some on the mother4s side, are the only survivors, all shall inherit in equal shares without distinction as to the origin of the property. ("!) Article 1008. #hildren of brothers and sisters of the half blood shall succeed per capita or per stirpes, in accordance with the rules laid down for brothers and sisters of the full blood. ("')
1a(e 4 o0 76
Notes on Succession/Outline: Atty. Crisostomo A. Uribe/Supplied by: Apordo; Guasque; and Mabbun
December !" #$$
Article 100!. Should there be neither brothers nor sisters nor children of brothers or sisters, the other collateral relatives shall succeed to the estate.
The latter shall succeed without distinction of lines or preference among them by reason of relationship by the whole blood. ("1a) Article 1010. The right to inherit ab intestato shall not extend beyond the fifth degree of relationship in the collateral line. ("a) SUBSECTION . T"e State Article 1011. %n default of persons entitled to succeed in accordance with the provisions of the preceding Sections, the State shall inherit the whole estate. ("a) Article 1012. %n order that the State may ta$e possession of the property mentioned in the preceding article, the pertinent provisions of the 5ules of #ourt must be observed. ("2a) Article 1013. &fter the payment of debts and charges, the personal property shall be assigned to the municipality or city where the deceased last resided in the 6hilippines, and the real estate to the municipalities or cities, respectively, in which the same is situated.
%f the deceased never resided in the 6hilippines, the whole estate shall be assigned to the respective municipalities or cities where the same is located. Such estate shall be for the benefit of public schools, and public charitable institutions and centers, in such municipalities or cities. The court shall distribute the estate as the respective needs of each beneficiary may warrant. The court, at the instance of an interested party, or on its own motion, may order the establishment of a permanent trust, so that only the income from the property shall be used. ("a) Balane:
ntestate heirs' 1. @egitimate children/ descendants a. excludes ascendants, all collaterals, the State b. concurs with illegitimate children/ descendants, sur%i%ing spouse c. excluded by no one. ". llegitimate children/ descendants a. excludes illegitimate parents, collaterals, the State b. concurs with sur%i%ing spouse, legitimate children, legitimate ascendants c. excluded by no one. A. @egitimate parents a. excludes collaterals, the State b. concurs with illegitimate children, sur%i%ing spouse c. excluded by legitimate children. ?. llegitimate ascendants a. excludes collaterals, the State b. concurs with the sur%i%ing spouse c. excluded by legitimate descendants, illegitimate descendants. 1a(e 5 o0 76
Notes on Succession/Outline: Atty. Crisostomo A. Uribe/Supplied by: Apordo; Guasque; and Mabbun
December !" #$$
>. Sur%i%ing spouse a. excludes collaterals, other than brothers and sisters, nephews and nieces, the State b. concurs with legitimate child, illegitimate child, legitimate and illegitimate brothers and sisters, nephews and nieces. c. excluded by no one. C. :rothers, sisters, nephews and nieces a. excludes all other collaterals, the State b. concurs with the sur%i%ing spouse c. excluded by legitimate children, illegitimate children, legitimate parents, illegitimate parents. 6. 7ther collaterals a. exludes collaterals in remote degrees, the State b. concurs with collaterals in equal degree c. excludes legitimate/ illegitimate children/ parents, sur%i%ing spouse, brothers and sisters, nephews and nieces. =. #he State a. excludes no one b. concurs with no one c. excluded by e%erybody else. rticles D6= to 151?.** Earious 0ombinations** #otal ntestacy ' ? as the case may be. #his is without pre!udice to the impairment of legitimes. (rt. D=A. A. @egitimate children and sur%i%ing spouse.** Sur%i%ing spouse share equal to that of one legitimate child. f only 1 legitimate child, 1/" each. (rt. DDC. &ormula' no. of legitimate children F 1 (sur%i%ing spouse G share of each )state ?. @egitimate children Sur%i%ing spouse.** Same share as a legitimate child llegitimate children.** 1/" or ? ' > ' 15 ratio w/ share of a legitimate child. (rt. DDD. >. @egitimate parents alone.** )ntire estate shared equally. C. @egitimate ascendants alone.** pply rticles ==D and =D5 which are the rules on legitime. 6. @egitimate parents (or ascendants.** 1 ' " llegitimate children.** 1/" &ree portion G 1/? to illegitimate children. (rt. DD1. 1a(e 6 o0 76
Notes on Succession/Outline: Atty. Crisostomo A. Uribe/Supplied by: Apordo; Guasque; and Mabbun
December !" #$$
Partial ntestacy =. @egitimate parents (or ascendants.** 1/" Sur%i%ing spouse.** 1/" &ree portion.** 1/? to the sur%i%ing spouse. (rt. DD6. Partial ntestacy D. @egitimate parents (or ascendants.** 1/" Sur%i%ing spouse.** 1/? llegitimate children.** 1/? &ree portion.** 1/= to sur%i%ing spouse. (rt. 1555. 15. llegitimate children alone.** )ntire estate di%ided equally or > ' ? as the case may be. &ree portion G 1/" to illegitimate children. (rt. D==. 11. llegitimate children.** 1/" di%ided as in number 15 Sur%i%ing spouse.** 1/" &ree portion.** 1/C to both. (rt. DD=. Partial intestacy 1". Sur%i%ing spouse alone.** )ntire estate. &ree portion.** 1/" to sur%i%ing spouse. (rticles DD? and DD>. 1A. Sur%i%ing spouse.** 1/" llegitimate children.** 1/" &ree portion G 1/? to both (no article. 1?. Sur%i%ing spouse.** 1/" @egitimate brothers and sisters and nephews and nieces.** 1/" full ' half G " ' 1 &ree portion G 1/" to brothers and sisters and nephews and nieces f marriage is in articulo mortis, add 1/C to free portion once the legitime of the wife is reduced to 1/A (rt. 1551. 1>. Sur%i%ing spouse.** 1/" llegitimate brothers and sisters, nephews and nieces (if decedent is illegitimate.** 1/" &ull ' alf G " ' 1 &ree portion G 1/" to illegitimate brothers and sisters and nephews and nieces (rt. DD?. 1C. llegitimate parents alone.** entire estate &ree portion.** 1/" to illegitimate parents. (rt. DDA. 16. llegitimate parents.** none. 0hildren of any +ind.** )ntire estate di%ided according to earlier rules. (rt. DDA. 1=. @egitimate brothers and sisters alone.** $hole estate di%ided in the ratio of " ' 1 between full and half blood. (rticles 155? and 155C. 1D. @egitimate brothers and sisters and nephews and nieces.** )ntire estate with the ratio of " ' 1 between full and half blood a.
Notes on Succession/Outline: Atty. Crisostomo A. Uribe/Supplied by: Apordo; Guasque; and Mabbun
December !" #$$
(rticles 155> and 155=. "5. and 155=. Bight of representation. "A. 7ther collaterals.** )ntire estate in equal shares Bules' a.
Notes on Succession/Outline: Atty. Crisostomo A. Uribe/Supplied by: Apordo; Guasque; and Mabbun
December !" #$$
Share of and : =5,555 @egitime lac+s 15,555 ". Since rt. D=A impairs the legitime, follow this two* step process' a. -i%e the legitime first. (-i%e to the legitimate first before the illegitimate. b. (i f there is an excess, di%ide it according to the ratio of " ' 1 or 15 ' > ' ? depending on the circumstances. (ii f lac+ing, reduce the share of illegitimate children pro*rata. n the illustration' G ?>,555 : G ?>,555 0 G "",>55 4 G "",>55 ) G "",>55 & G "",>55 - G "",>55 #7#@ "5",>55 #he estate lac+s "",>55 Beduce the shares of illegitimate children pro*rata G "",>55/ > G ?,>55 each. #he share of each illegitimate child will equal 1=,555.
(o a)e te su%&ects* Relationsip
Article !3. 6roximity of relationship is determined by the number of generations. 7ach generation forms a degree. ("') Article !4. & series of degrees forms a line, which may be either direct or collateral.
& direct line is that constituted by the series of deg rees among ascendants and descendants. & collateral line is that constituted by the series of degrees among persons who are not ascendants and descendants, but who come from a common ancestor. ("'a) Article !5. The direct line is either descending or ascending.
The former unites the head of the family with those who descend from him. The latter binds a person with those from whom he descends. ("'*)
1a(e 9 o0 76
Notes on Succession/Outline: Atty. Crisostomo A. Uribe/Supplied by: Apordo; Guasque; and Mabbun
December !" #$$
Article !. %n the line, as many degrees are counted as there are generations or persons, excluding the progenitor.
%n the direct line, ascent is made to the common ancestor. Thus, the child is one degree removed from the parent, two from the grandfather, and three from the great8grandparent. %n the collateral line, ascent is made to the common ancestor and then descent is made to the person with whom the computation is to be made. Thus, a person is two degrees removed from his brother, three from his uncle, who is the brother of his father, four from his first cousin, and so forth. ("'2a) Article !7. 9ull blood relationship is that existing between persons who have the same father and the same mother.
:alf blood relationship is that existing between persons who have the same father, but not the same mother, or the same mother, but not the same father. ("!a) Balane:
rticles DCA to DC6 on relationships. 1. (#hese rules on relationship are important because of certain principles which ordain in intestacy, namely' a.
Notes on Succession/Outline: Atty. Crisostomo A. Uribe/Supplied by: Apordo; Guasque; and Mabbun
December !" #$$
succession. b.
Article !8. %f 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 others of the same degree, save the right of representation when it should ta$e place. (") Article !!. %f the inheritance should be repudiated by the nearest relative, should there be one only, or by all the nearest relatives called by law to succeed, should there be several, those of the following degree shall inherit in their own right and cannot represent the person or persons repudiating the inheritance. ("0) ,.
Capacit! to Succeed a. Dete)$ination
Article 1034. %n order to ;udge the capacity of the heir, devisee or legatee, his qualification at the time of the death of the decedent shall be the criterion.
%n cases falling under 3os. , 0, or of article '!0, it shall be necessary to wait until final ;udgment is rendered, and in the case falling under 3o. 1, the expiration of the month allowed for the report. %f the institution, devise or legacy should be conditional, the time of the compliance with the condition shall also be considered. (*2a) Balane:
#ime to !udge the capacity of the heir. Par. 1.** #ime of death. correlate with par. 1 of rt. 15">. #he time succession opens, no exceptions. Par. ".** -rounds ", A and >.** $ait for final !udgment when con%iction is needed. Par. A.** 0onditional.** 0onsider both time of compliance and time of death of the decedent. Article 103!. #apacity to succeed is governed by the law of the nation of the decedent. (n) Article 1. 5eal property as well as personal property is sub;ect to the law of the country where it is stipulated.
:owever, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. ('!a)
Cayetano vs. Leonides, 129 SCRA 522 1a(e 11 o0 76
Notes on Succession/Outline: Atty. Crisostomo A. Uribe/Supplied by: Apordo; Guasque; and Mabbun
December !" #$$
%. (o $a! Succeed* Article 1024. 6ersons not incapacitated by law may succeed by will or ab intestato.
The provisions relating to incapacity by will are equally applicable to intestate succession. (*11, "'1) Balane:
Par. 1.** b intestato refers both to legitime and intestacy. Par. ".** 3ista+e * not true. ncapacity to succeed by will, 15"6, 15"= and 15A", are they applicable to intestacy , 15"= (applicable only in testamentary succession. b. pplies to both.** rticles 15"6, par. C, 15A". Article 1025. %n order to be capacitated to inherit, the heir, devisee or legatee must be living at the moment the succession opens, except in case of representation, when it is proper.
& child already conceived at the time of the death of the decedent is capable of succeeding provided it be born later under the conditions prescribed in article 1'. (n) Balane:
-eneral rule' Succession opens at the death of the decedent. (rt. 666. #he heir must be ali%e when succession opens. #he same as rt. 15A?. )xception' 9n case of representation, when proper.9 #his is wrong. #he representati%e must be ali%e when the decedent dies. llustration' H / I J : 0 I b1 1. : dies on 2an. 1DDC. :s wife is pregnant. H dies in 3arch 1DDC. b1 is born in 2uly 1DDC. $as b1 ali%e when H died Kes. rt. ?1, the fetus is considered ali%e from the moment of conception. #his is not an exception bec. b1 is ali%e. ". : is disinherited in 1DDC. H dies in 1DD6. b1 is born in 1DDD. a. 0an b1 represent : , par. 1. Parish Priest of Eictoria %. Bigor ** n the case, the priest pro%ided that his estate will go to any of the nephews who may enter the priesthood. #he nephew claiming, howe%er, was born after the priest had died. s such , the nephew cannot inherit. 1a(e 12 o0 76
Notes on Succession/Outline: Atty. Crisostomo A. Uribe/Supplied by: Apordo; Guasque; and Mabbun
December !" #$$
Article 102. & testamentary disposition may be made to the State, provinces, municipal corporations, private corporations, organi
&ll other corporations or entities may succeed under a will, unless there is a provision to the contrary in their charter or the laws of their creation, and always sub;ect to the same. (*1a) Balane:
L' 0an you ma+e a testamentary disposition in fa%or of !uridical persons ' Kes, if allowed by their charter. #hey must exist, howe%er, at the time of the death of the decedent. ).g., 9 gi%e 1/A of my estate to 4a%id*
Balane: