SUCCESSIONS ART. 774. Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of inheritance, of a person are transmitted through his death to another or others either by will or by operation of law. Concept of Succession: Two sense Broa Broad d Juri Juridi dica ca Sens Sense: e: it signifi signifies es the substi substitut tution ion or subrog subrogat ation ion of a person person in the transmi transmissi ssible ble rights rights and obligations of another. (Note: it embraces not only succession mortis causa but also succession inter vivos) Stri Strict ct Juri Juridi dica ca Sens Sense: e: it signifi signifies es the substi substitut tution ion or subr subrog ogat ation ion of a pers person on in the the tran transm smis issib sible le right right and and obligations of a deceased person. (Note: it is only limited to succession mortis causa) Note: rticle !!" is in conformity with the general provisions of rti rticle cle !#$ which which enum enumer erat ates es the the diffe differe rent nt modes modes of acquiring ownership and other real rights. Artice 7!": %wne %wners rshi hip p is acqu acquir ired ed intellectual creation.
by
occu occupa pattion ion
and and
by
%wners %wnership hip and other other real real rights rights over over proper property ty are acquir acquired ed and transm transmitt itted ed by law, law, by donati donation, on, by testate and intestate succession, and in consequence of certain contracts, by tradition. &hey may also be acquired by means of prescription. Basis of Succession: 'xtrem 'xtremee ndivid ndividual ualist ist and Social Socialist istwh who o deny deny the very very existe existence nce of succes succession sion,, because because they they believe believe that that death death
extinguishes all rights, since it would be illogical to fix the birth of a right from the moment when the will which is supposed to create the right has ceased to exist. &heories: #. *ight of of private private property propertyif if a man man has the the right to own private property, he has the power to dispose of such prop proper erty ty free freely ly,, impo imposi sing ng such such lici licitt term termss and and conditions as he might deem convenient. $. *ight of of familyif familyif the family is is recogni+ed recogni+ed as as the heart heart and and soul soul of socie society ty,, the the idea idea of succe success ssio ion n must must,, therefore, revolve around it. ence, basis of succession rests upon family co-ownership. . 'lectri 'lectricc &heori &heories esthe these se theories theories try to harmon harmoni+e i+e the two principlesindividual and social. ccording to the exponents exponents of these theories, the raison raison d’etre of the right of succession is the harmonious combination of two institutions institutionspriv private ate ownership ownership and the family. family. (Note: this is because succession is after all but a mode of perpetuating perpetuating the right to own private property. property. &he basis or foundation of succession is the recogni+ed necessity of perpetuating man/s patrimony beyond the limit of human existence. Art. 77#: $ecedent%ge $ecedent%gene nera rall term term appl applie ied d to the the pers person on whos whosee property is transmitted through succession, whether or not left a will, if he left a will, he is also called the testator. Su&'ecti( Su&'ec ti(e e Ee)en Ee)ents ts of Success Succession ion% % cons consis istt of the the decedent and those who are called to succeed such decedent either by will or by operation of law, such as heirs, devisees or legatees.
eira person called to the whole or to an aliquot portion of the inheritance either by will or by operation of law. 0eviseeis a person to whom a gift or real property is given by virtue of a will. 1egateea person to whom a gift of personal is given by virtue of a will.
Art. 77*: In+eritance%all property, rights and obligations of a person which are not extinguished by his death. O&'ecti(e Ee)ent of Succession: t may be defined as the universality of all property, rights and obligations constituting the patrimony of the decedent which are not extinguished by his death. In+eritance%refers to the universality of all the property, rights and obligations constituting the patrimony of the decedent which are not extinguished by death. Succession%is the legal mode by which such property, rights and obligations are transmitted. Note: the first is the ob2ective element of the second. nother Note: under our law, 3no succession shall be declared unless and until a liquidation of the assets and debts left by the decedent shall have been made and all creditors fully paid. t is no longer the heirs who is responsible for the payment of the debts or obligation of the decedent, but the estate itself.
Art. 777: 4hen transmitted5 6 &he moment of the death of the decedent. Casua Ee)ent of Succession: it is expressed by the will of the decedent as manifested in his last will and testament or his presumed will as provided by law which is the efficient cause of transmission of successional rights, while the fact of his death is the condition. Rue in case of presu)pti(e deat+: rticle !!! is not only applicable to actual death but also to presumptive death. &his is clear from the provisions of rt 78 and 7# of the 99: Artice ,-. fter an absence of seven years, it being unnown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for those of succession. &he absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. f he disappeared after the age of seventyfive years, an absence of five years shall be sufficient in order that his succession may be opened. (n) Artice ,-!. &he following shall be presumed dead for all purposes, including the division of the estate among the heirs: (#) person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane;
($) person in the armed forces who has taen part in war, and has been missing for four years; () person who has been in danger of death under other circumstances and his existence has not been nown for four years. E/ceptions: #. bsentee disappeared after the age of !< years old, in which case an absence of < years shall be sufficient ". bsentee disappeared under any one of the three circumstances enumerated in 7#, in which the absence of " years shall be sufficient. Effect of Judicia Sette)ent: &he formal declaration or recognition of the right of the heirs requires 2udicial confirmation in the proper testate or intestate proceedings.
Art. 770: Succession )a1 &e: !. Testa)entar1 ". 2e3a or Intestate ,. i/ed Art. 77-: Testa)entar1 Succession Art. 70: i/ed Succession
Testa)entar1%is that which results from the designation of an heir, made in a will execute in the form prescribed by law. (Note: &he designation of an heir is no essential for the
validity, what is essential is that the succession must be effected through the testator/s will executed in the form prescribed by law. Intestateeffected by operation of law in default of a will. t is not well defined in the 9ivil 9ode, but rt 7=8 enumerates the instances when legal or intestate succession shall taes place. rticle 7=8. 1egal or intestate succession taes place: (#) f a person dies without a will, or with a void will, or one which has subsequently lost its validity; ($) 4hen the will does not institute an heir to, or dispose of all the property belonging to the testator. n such case, legal succession shall tae place only with respect to the property of which the testator has not disposed; () f the suspensive condition attached to the institution of heir does not happen or is not fulfilled, or if the heir dies before the testator, or repudiates the inheritance, there being no substitution, and no right of accretion taes place; (") 4hen the heir instituted is incapable of succeeding, except in cases provided in this 9ode. i/ed%in the sense that it may effected partly by will and partly by operation of law. Note: f the testator maes a will which does not dispose all of his property, the result is what is nown as mixed succession. Contractua Succession% based on the fact that the ob2ect of a contract should exist at the moment of its celebration or at least, it can exist in the future.
rt. #"!: No contract may be entered into upon future inheritance except in cases expressly authori+ed by law. Note: in this ind of succession the donation or disposition does not have to be contained in a will, however it is essential that it must be executed in accordance with the form prescribed for donations by reason of marriage. n other words, it must comply with the Statute of >rauds. Art. 70!. E/tent of In+eritance%includes: #. ll of his property which are existing at the time of his death; $. ll of his transmissible rights and obligations which are existing at the time of his death; . ll of his property and rights which may have accrued to the hereditary estate since the opening of succession. Note: ?roperty in existence at decedent/s deathall property available for distribution among the persons called to the inheritance after the settlement or liquidation. &ransmissible rights and obligation(#) rights relative to persons and property or purely personal rights are, by their nature, N&*NS@SSA1' in character; ($) *ights relative to property or patrimony rights B'N'*11C &*NS@SSA1' in character, except those which are expressly made intransmissible by operation of law such as personal and legal usufructs and personal easements; () rights arising from obligation or rights of obligations, whether contractual or otherwise, are B'N'*11C &*NS@SSA1' in character, except from this rule are those arising from contracts which by their very nature are intransmissible, those expressly intransmissible by contract agreements and operation of law.
ntransmissible rights and obligations #. $. . ". <.
*ights and obligations between husband and wife; ?roperty relations between husband and wife; ction for legal separation; ction to compel acnowledgement of a natural child; ction to obtain 2udicial declaration of illegitimate affiliation who is not natural; =. ?arental authority; !. *ights of a guardian; D. *ight to receive ad the obligation to give support; 7. *ight to hold public office as well as right to exercise profession or vocation; #8. *ight to usufruct; ##. *ight to personal easement; #$. *ights and obligation arising from contract of partnership; #. 3 3 3 3 contract of agency; #". 9riminal responsibility. @onetary %bligations: Ender the 9ivil 9ode only monetary obligations or claims for money must be filed within the time limited by rules against the estate of the decedent; otherwise they are barred forever. t is only these claims which must be liquidated in the testate or intestate proceedings. Art. 70". Concept of an 5eir% n heir still succeeds to the whole or to an aliquot portion of the inheritance either or by virtue of a will or by operation of law, while a devisee or legatee still succeeds to individual items of property by virtue of a will. (@eron ng meaning ang eir, 0evisee and 1egatee under Sub2ective 'lement of Succession, rt !!<)
0istinguished from heirs:
6inds of 5eirs: &estamentary Succession: !. ountar1 5eir 8 s called to succeed to the whole or aliquot portion of the disposable free portion of the hereditary estate by virtue of the will of the testator. ". Co)pusor1 5eir 8 is an heir called by law to succeed to a portion of the testator/s estate nown as legitime. 1egal or intestateall heirs are called legal or intestate heir, ordinarily defined as an heir called to succeed by operation of law when legal or intestate succession taes place. Note: n intestate heir can inherit (#) by their own right; ($) by the right of representation. Concept of $e(isees and e3atees: 8 8 8
8
0evisees and legatees are only possible in testamentary succession. devisee or legatee always succeed to individual items of property by means of a particular or special title. 0evise of legacy which is given to a devisee or legatee by means of a will is, as a general rule, charge against the free portion of the testator/s property. (Note: &his rule is of practical importance only in case the testator is survived by compulsory heirs, who under our system of compulsory succession, are entitled to a legitime.) &estator/s hereditary estate is divided, as a general rule into the legitime or legal portion and the disposable free portion.
#. 0evisee or legatees are called to succeed to individual items of property, while heirs are always called to succeed to an indeterminate or aliquot portion of the decedent/s hereditary estate. $. 0evisee or legatees are always called to succeed by means of a will, while heirs are called to succeed either by means of a will or by operation of law. Note: &he importance of distinction(#) n case of preterition or pretermission in the testator/s will of one, some or all of the compulsory heirs in the direct line, the effect is to annul the entirely institution of heirs, but devises and legacies shall be valid insofar as they are not inofficious; ($) n case of imperfection or defective disinheritance, to annul the institution of the heirs to the extent that the legitimate of the disinherited heirs is pre2udices, but legacies and devises shall be valid; () case properties are acquired by the testator after the execution of the will, such properties are not included, unless it should expressly appear in the will itself that such was the testator/s intention, applicable only to legacies and devises.
TESTAENTAR9 SUCCESSION: Art. 70,. i%is an act whereby a person is permitted, with formalities prescribed by law, to control to a certain degree the disposition of his estate, to tae effec t after his death. Concept of is: 0efinitionis a disposition, made by a competent testator in the form prescribed by law, of property over which he has legal
power of disposition, which disposition is of such nature as to tae effect after his death. C+aracteristics: #. $. . ". <. =. !.
Strict personal act; ndividual and unilateral act; >ree and voluntary act; >ormal and solemn act; disposition of property; ct of @ortis 9ausa, mbulatory and revocable during testator/s lifetime.
Art. 704. @aing of the will is strictly personal act, it cannot be left in whole or in part to the discretion of a third person, or accomplished through the instrumentality of an agent or attorney. ?ersonal character of 4illsthe mere drafting or writing of the will does not fall within the purview of the prohibition. Art. 70#. $uration or efficac1 of t+e desi3nation of +eirs; de(isees or e3atees; or t+e deter)ination of portions w+ic+ t+e1 are to ta
0elegation is allowed: #. &he power to distribute specific property or sums of money which he may left $. &he power to designate the persons, institutions ot establishments to which such property or sums of money are to be given. Art. 707. &estator may not mae a testamentary disposition is such a manner that another person has to determine whether or not it is to be operative. Note: llowing a rd person to determine if the disposition is operative or not would tantamount to allowing the a rd person to substitute the will for his own. Art. 700. Interpretation dispositions.
of
testa)entar1
&he cardinal rule of testamentary construction is to ascertain the intention of the testator and give it effect; the construction of any will must be for the purpose of determining the dominant intent of the testator; if the testator/s intent can be clearly perceived or ascertained, it must prevail; a will is to be interpreted as to carry out the intention of the testator; a will must be construed so as to give full force and effect to the purpose of the testator; in construing the will the court will place itself in the position of the testator. NOTE: Read Artices 70-87-4. 0ispositions susceptible to different interpretationin case in doubt, the interpretation by which the disposition is to be operative shall be preferred.
&he construction is to be adopted which will sustain and uphold the will in all its part. f the language used is reasonably susceptible of two interpretations, one which will def eat, and the other sustain, the provision, the doubt is to be resolved in favor of the construction which will give effect to the will, rather than the one which will defeat it. ista
After8ac=uired propert1%not included in the will, unless it is expressly appear in the will that such was the intention of the testator. Art. 7-#. aidit1 of is as to its for) depends on t+e o&ser(ance of aw in force at t+at ti)e. 'ffect of changes after the testator/s deathwill perfectly valid at the time of its execution cannot be invalidated by a law enacted after the death of the testator; neither can a will totally void be validate upon subsequent legislation. 'ffect of changes before the testator/s deathcannot have retroactive effect upon the formality of the will.
TESTAENTAR9 CA>ACIT9 AN$ INTENT &estamentary capacityrefers to the ability as well as the power to mae a will. &here is a difference between testamentary capacity and testamentary power, the first concerns the ability of the testator, while the second involves the privilege under the law. ence, although a person has a testamentary capacity it does not follow that he also has a testamentary power. Art. 7-*. A persons w+o are e/press1 pro+i&ited &1 aw to )a
0o not possess necessary age and mental requirement; >amily relations; 9ivil interdiction; ?rodigality; nsolvency; lienage; %ther similar in nature.
Re=uisites: #. e must be at least #D years of age; and $. e must be of a sound mind.
+en capacit1 )ust e/ist% at the time of the execution of the will.
Art. 7-7. >ersons of eit+er se/ under ei3+teen cannot )a
ge *equirementit is necessary that he must be at least eighteen years of age. >ailure to conform with the requirement shall invalidate the will.
NOTE: REA$ ARTIC2ES 7-080
@ental *equirementit is a requisite that the testator must be of a sound mind at the time of execution of the will. &est of sound mind: Soundness of mindability of the testator to mentally understand in a general way the nature and extent of his property, his relation to those who naturally have a claim to benefit from the property left by him, and a general understanding of practical effect of the will as executed. #. 4hether he new, at least in a general way the nature of the estate to be disposed; $. 4hether he new, at least in a general way the proper ob2ects of his bounty; . 4hether he understood of comprehend the character of the testamentary act. ?resumption of sound mindthe law presumes that every person is of sound mind, in the absence of proof to the contrary. &he burden of proof that the testator was not of a sound mind during the execution of the will is on the person who opposes the probate of the will. Sufficiency of evidence of mental capacitythe evidence presented must cover a wide range in order that all facts may be brought out which will assist the court in determining the question of mental capacity.
'ffect of old agethe law prescribe no limit in point of age beyond which a person cannot dispose of his property by will. 'ffect of infirmity of diseaseneither is physical or disease inconsistent with testamentary capacity. &his will not affect his testamentary capacity, so long as it cannot be prove by competent evidence that at the time of the execution of the will he is no longer in the position to now the nature of the estate to be disposed. 'ffect of insanityfirst we need to define mental disease or insanity refers to any disorder of the mind resulting from disease or defect in the brain whereby mental freedom may be perverted, weaened or destroyed. t is evident that person suffering from them do not possess the necessary mental capacity to mae a will. owever, mental aberrations which do not result in such impairment of the faculties as to render the testator unable to now or understand the nature of the estate to be disposed of. 'ffect of mental delusionthe validity of a will is not affected by the fact that the testator was under a delusion, unless the delusion influenced him at the time of the execution of the will. 'ffect of belief of supernaturalis not a sufficient evidence of testamentary incapacity. testamentary capacity cannot be determined alone by what one believes. 'ffect of drunennessthe fact that the testator was under the influence of liquor does not invalidate the will, provided that he then comprehend the nature, extent and disposition of his estate. Art. 0!80,%REA$ T5E CO$A2 >ROISION?
Capacit1 of Spouse%a married woman may mae a will without the consent of her husband and without the authority of the court. (rt. D8$) married woman may dispose by will of aft her separate property as well as her share of the con2ugal partnership or absolute community property. (rt. D8) Note: what can be disposed of would be merely ideal share of the spouse maing the will and not any specific or determinate property belonging to the partnership or community.
