Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
I. GENERAL PROVISIONS
A. Defnition and Concept
Art. 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)
Art. 71. 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 estate and
intestate succession, and in consequence of certain contracts,
by tradition.
They may also be acquired by means of prescription.
(!"a)
Art. 1!11. #ontracts ta$e e%ect 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 ful'llment provided he
communicated his acceptance to the obligor before its
revocation. ( mere incidental bene't or interest of a person is
not su)cient. The contracting parties must have clearly and
deliberately conferred a favor upon a third person. (*+,-a)
.asis of /aw of Succession
/egal 0hilosophy of the #ivil #ode on Succession
1undamental changes in the 2##
". La# $o%ernin$ &or'
1. A( to ti'e o& e)ec*tion
Art. 7+,. The validity of a will as to its form depends
upon the observance of the law in force at the time it is made.
. A( to p-ace o& e)ec*tion
Art. 17. The forms and solemnities of contracts, wills,
and other public instruments shall be governed by the laws of
the country in which they are executed.
3hen the acts referred to are executed before the
diplomatic or consular o)cials of the 4epublic of the
0hilippines in a foreign country, the solemnities established by
0hilippine laws shall be observed in their execution.
0rohibitive laws concerning persons, their acts or
property, and those which have, for their ob5ect, public order,
public policy and good customs shall not be rendered
ine%ective by laws or 5udgments promulgated, or by
determinations or conventions agreed upon in a foreign
country. (**a)
Art. .1/. ( person may execute a holographic will which
must be entirely written, dated, and signed by the hand of the
testator himself. &t is sub5ect to no other form, and may be
made in or out of the 0hilippines, and need not be witnessed.
(-6, 66a)
Art. .1,. 3hen a 1ilipino is in a foreign country, he is
authori7ed to ma$e a will in any of the forms established by
the law of the country in which he may be. Such will may be
probated in the 0hilippines. (n)
Art. .10. The will of an alien who is abroad produces
e%ect in the 0hilippines if made with the formalities prescribed
by the law of the place in which he resides, or according to
the formalities observed in his country, or in conformity with
those which this #ode prescribes. (n)
Art. .17. ( will made in the 0hilippines by a citi7en or
sub5ect of another country, which is executed in accordance
with the law of the country of which he is a citi7en or sub5ect,
and which might be proved and allowed by the law of his own
country, shall have the same e%ect as if executed according
to the laws of the 0hilippines. (n)
Art. .1.. Two or more persons cannot ma$e a will 5ointly,
or in the same instrument, either for their reciprocal bene't or
for the bene't of a third person. (")
Art. .1+. 3ills, prohibited by the preceding article,
executed by 1ilipinos in a foreign country shall not be valid in
the 0hilippines, even though authori7ed by the laws of the
country where they may have been executed. (-88a)
In re Wi-- o& Re%. A1adia2 ,/ O.G. 3+2 p. 41.,
The validity of a will is to be 5udged not by the law enforce at
the time of the testator9s death or at the time the supposed
will is presented in court for probate or when the petition is
decided by the court but at the time the instrument was
executed.
3hen one executes a will which is invalid for failure to
observe and follow the legal requirements at the time of its
execution then upon his death he should be regarded and
declared as having died intestate, and his heirs will then
inherit by intestate succession, and no subsequent law with
more liberal requirements or which dispenses with such
requirements as to execution should be allowed to validate a
defective will and thereby divest the heirs of their vested
rights in the estate by intestate succession. The general rule
is that the /egislature cannot validate void wills
4-e*'er %. 5i)2 ,4 P6i-. 01/
The laws of a foreign 5urisdiction do not prove themselves in
our courts. The courts of the 0hilippine &slands are not
authori7ed to ta$e (merican :nion. Such laws must be proved
as facts.
E(tate o& Gi1er(on2 4. O.G. 372 0,7
De-a Cerna %. Potot2 1 SCRA ,70
(rticle 6*6 of the #ode prohibits the execution of 5oint wills,
whether they be for the reciprocal bene't of the testators, or
for the bene't of a third person. ;owever, it must be noted
that if a probate court erroneously admitted a 5oint will to
probate, the error thus committed would be considered an
error of law and not of 5urisdiction. Therefore, such an error
must be corrected by appeal< failing which the erroneous
decision would become 'nal.
The foregoing notwithstanding, please note that in the
following case, the 5oint will, while deemed operative with
respect to the husband, was considered void as to the wife.
The issue of 5urisdiction should be noted in particular.
E(tate o& Rodri$*e72 40 O.G. 3 2 p. ,.4
C. La# $o%ernin$ content
1. A( to ti'e
Art. 0!. 4ights to the inheritance of a person who
died, with or without a will, before the e%ectivity of this #ode,
shall be governed by the #ivil #ode of *66", by other previous
laws, and by the 4ules of #ourt. The inheritance of those who,
with or without a will, die after the beginning of the e%ectivity
of this #ode, shall be ad5udicated and distributed in
accordance with this new body of laws and by the 4ules of
#ourt< but the testamentary provisions shall be carried out
insofar as they may be permitted by this #ode. Therefore,
legitimes, betterments, legacies and bequests shall be
respected< however, their amount shall be reduced if in no
other manner can every compulsory heir be given his full
share according to this #ode. (4ule *+a)
. A( to (*cce((iona- ri$6t(
Art. 1089. ;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)
Art. 1/!+. #apacity to succeed is governed by the law
of the nation of the decedent.
E(tate o& C6ri(ten(en2 01 O.G. 3 402 p. 7!/
E(tate o& A'o( "e--i(2 / SCRA !,.
The 1O4=(/ >(/&?&T@ of a will depends upon the observance
of the law in force at the time of execution. On the other
hand, the S:.ST(2T&>A >(/&?&T@ of the dispositions therein is
governed by the laws in force at the time of the death of the
testator.
Artic-e 1089 and Art. 1/!+ o& t6e Ci%i- Code2 render
applicable the national law of the decedent, in intestate or
testamentary successions, with regard to four itemsB (a) the
order of succession< (b) the amount of successional rights< (e)
the intrinsic validity of the provisions of the will< and (d) the
capacity to succeed.
Ca:etano %. Leonide(2 1+ SCRA ,4
(s a general rule, the probate court9s authority is limited only
to the extrinsic validity of the will, the due execution thereof,
the testatrix9s testamentary capacity and the compliance with
the requisites or solemnities prescribed by law. The intrinsic
validity of the will normally comes only after the court has
declared that the will has been duly authenticated. ;owever,
where practical considerations demand that the intrinsic
validity of the will be passed upon, even before it is probated,
the court should meet the issue.
(rticle 6,C does not apply in the case of a foreign testator
who omits in his or her will the compulsory heirs in the direct
line. &n the case of a foreign testator, the conDict rule
enunciated in (rticle * of the #ivil #ode applies. Therefore,
regardless of whatever public policy or good customs may be
involved, the provision of (rticle 6,C of the #ivil #ode is never
meant to apply to a foreign testator.
D. S*1;ect( o& S*cce((ion
Art. 77,. &n this Title, EdecedentE 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)
Art. 7.. (n heir is a person called to the succession
either by the provision of a will or by operation of law.
?evisees and legatees are persons to whom gifts of real
and personal property are respectively given by virtue of a
will. (n)
Art. ..7. The following are compulsory heirsB
(*) /egitimate children and descendants, with respect to
their legitimate parents and ascendants<
(+) &n default of the foregoing, legitimate parents and
ascendants, with respect to their legitimate children and
descendants<
(8) The widow or widower<
(C) (c$nowledged natural children, and natural children
by legal 'ction<
(,) Other illegitimate children referred to in (rticle +6-.
#ompulsory heirs mentioned in 2os. 8, C, and , are not
excluded by those in 2os. * and +< neither do they exclude
one another.
&n all cases of illegitimate children, their 'liation 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. (6!-a)
Art. 1//!. &f there are no descendants, ascendants,
illegitimate children, or a surviving spouse, the collateral
relatives shall succeed to the entire estate of the deceased in
accordance with the following articles. ("Ca)
1. W6o are t6e (*1;ect(<
. Re-ation(6ip
Art. +0!. 0roximity of relationship is determined by the
number of generations. Aach generation forms a degree.
("*,)
Art. +04. ( series of degrees forms a line, which may be
either direct or collateral.
( direct line is that constituted by the series of degrees
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)
Art. +0,. 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. ("*-)
Art. +00. &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 greatF
grandparent.
&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 'rst cousin, and so forth.
("*6a)
Art. +07. 1ull blood relationship is that existing between
persons who have the same father and the same mother.
;alfFblood 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)
Art. +0.. &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. ("++)
Art. +0+. &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. ("+8)
!. Capacit: to S*cceed
Art. 1/4. 0ersons not incapacitated by law may
succeed by will or ab intestato.
a. Deter'ination
Art. 1/!4. &n order to 5udge the capacity of the heir,
devisee or legatee, his quali'cation at the time of the death of
the decedent shall be the criterion.
&n cases falling under 2os. +, 8, or , of (rticle *!8+, it
shall be necessary to wait until 'nal 5udgment is rendered,
and in the case falling under 2o. C, 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. (-,6a)
Art. 1/!+. #apacity to succeed is governed by the law
of the nation of the decedent. (n)
Art. 1089. ;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)