General Provisions:

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 will or by operation of
law.
Basis of Succession:
Right of private property theory:
If man has the right to own private property, he has the power to
dispose of such property freely, imposing such licit terms and
conditions as he might deem convenient. Testamentary Succession if
he wills it, but intestate if the law provides for the lack of a testament.
Right of family:
Family co-ownership. Intestate = Normal kind of succession.
Eclectic Theory:
Rights of the family and social economy
Art. 775. In this Title, decedent, is the general term applied
to the person whose property is transmitted through
succession, whether or not he left a will. If he left a will, he is
also called the testator.
Subjective Elements of Succession:
Decedent (either testate or intestate. If he left a will, testator)
Heir Inherits the entire, or part of the property of the decedent
Devisees through a will, gets REAL property as gift
Legatee through a will, gets PERSONAL property as gift
Art. 776. The inheritance includes all the property, rights and
obligations of a person which are not extinguished by his
death.
Inheritance Property, rights, and obligations not extinguished
by death
Succession legal mode by which the inheritance is transferred
Restriction Final liquidation and payment of debts
*Heirs dont become liable for the debts incurred by
the dec.

Art. 777. The rights to the succession are transmitted from the
moment of the death of the decedent
Causal Element of Succession:
Death of the decedent is not just a condition but rather the
CAUSE or the REASON of the transmission of the successional rights
Correlate:
Art. 533. The possession of hereditary property is deemed
transmitted to the heir without interruption and from the
moment of the death of the decedent, in case the inheritance
is accepted.
Art. 1042. The effects of the acceptance or repudiation shall
always retroact to the moment of the death of the decedent
Presumptive death:
Art. 390. After an absence of seven years, it being unknown
whether or not the absentee still lives, he shall be presumed
dead for all purposes, except for those of succession.
The absentee shall not be presumed dead for the purpose of
opening his succession till after an absence of ten years. If he
disappeared after the age of seventy-five years, an absence of
five years shall be sufficient in order that his succession may
be opened.
Art. 391. The following shall be presumed dead for all
purposes, including the division of the estate among the heirs:
(1) A 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;
(2) A person in the armed forces who has taken part in war,
and has been missing for four years;
(3) A person who has been in danger of death under other
circumstances and his existence has not been known for four
years.
*Heirs, upon acceptance of the inheritance, his right thereto retroacts
to the moment of the death of the decedent.

*Heirs may intervene with legal administrator if his rights are

prejudiced

*Sec. 3, Rule 87 of the New Rules of Court bars the filing of an action
by an heir to recover the possession of property belonging to the
estate until there is an order of the court which has jurisdiction of the
testate or intestate proceedings assigning said property to such heir.
Art. 778. Succession may be:
(1) Testamentary;
(2) Legal or intestate; or
(3) Mixed.
Art. 779. Testamentary succession is that which results from
the designation of an heir, made in a will executed in the form
prescribed by law.
Art. 780. Mixed succession is that effected partly by will and
partly by operation of law.
Kinds of succession:
1. Testamentary
2. Legal or intestate
3. Mixed
4. Contractual (donation of future property, through marriage of
spouse)130
Testamentary succession:
Testamentary succession is that which results from the
designation of an heir, made in a will executed in the form prescribed
by law.
Intestate succession:
Succession which is effected by operation of law in default of a
will. If the decedent has not made any will, or even where he has made
one, if it has not been made in accordance with the formalities
prescribed by law, his presumed will as provided by law shall govern
the distribution of his hereditary estate after his death
Mixed succession:
Both testamentary and intestate. A will which does not dispose
all of his property, the result is what is known as mixed succession.
Contractual succession:

Art. 130 the future spouses may give or donate to each other in
their marriage settlements their future property to take effect upon the
death of the donor and to the extent laid down by the provisions of the
Civil Code relating to testamentary succession.
Art. 781. The inheritance of a person includes not only the
property and the transmissible rights and obligations existing
at the time of his death, but also those which have accrued
thereto since the opening of the succession.
In conjunction with art 776.
Excludes intransmissible rights and intransmissible rights by
operation of law. Ex. Obligation of spouses, parental authority. Etc.
Obligations must be charged to the estate of the deceased and
not the heir.
Art. 782. An heir is a person called to the succession either by the
provision of a will or by operation of law.
Devisees and legatees are persons to whom gifts of real and personal
property are respectively given by virtue of a will.
Kinds of Heirs:
Testamentary:
Voluntary Heirs Through a will
Compulsory Heirs by operation of law (gets legitime)
Intestate:
Intestate Heirs: ALL