B.

Subjects of Succession

1. Who are the subjects?

The Decedent (testator)

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.

Devisee – to those who, real property is given in a will Legatee – to those who, personal property is
given in a will Heir – those who inherit in the general sense. Is a devisee an heir? Is an heir a devisee? –
Not necessarily the same, An heir has an obligation to pay the credits – as to the value of the
inheritance. Difference of heirs (782) – in general sense Specific heirs – instituted by a will; Devisee – an
heir in the specific sense Article 940 par 2 – if the heir, legatee or devisee, who may have been given the
choice, dies before making it, this right shall pass to the respective heirs

CLASSIFICATION OF HEIRS 1. Compulsory Heirs a. Primary Compulsory Heir (PCH) – only legitimate
children and decedents; adopted children (only have similar rights as that of legitimate children; they
have no right of representation (iron curtain rule) – cannot inherit from grandparents) *to be a
compulsory heir – must they be related by blood? Not necessarily - because of adoption (adopted
children has no right of representation – they cannot inherit from grandparents). - Spouse (not blood
related [blood related can be married – only beyond the 4th degree (2nd degree cousins)] Are all
decedents – compulsory heirs? No, only legitimate children

b. Secondary Compulsory Heir (SCH) – legitmate parents and ascendants (will only inherit in default of
PCH) Illegitimate parents (parents of illegitimate children) – are compulsory heirs (secondary
compulsory heirs)

c. Concurring Compulsory Heir (CCH) – surviving spouse; illegitimate children

2. Voluntary Heirs Only natural persons may be voluntary heirs? No, even juridical persons may be
voluntary heirs (based on CC - 1026 & 782)
3. Legal Heirs

WHO ARE LEGAL HEIRS? (All compulsory heirs, collateral relatives, the state)

The Heir, devisee, Legatee (All compulsory heirs) Is there a limitation (like the collateral relatives) in the
direct line to be able to inherit? Say, up to the 10th civil degree? No limitation provided by law – but it is
humanly impossible a person may be considered compulsory heir – but it does not necessarily mean
that he will inherit – he may be disinherited, etc. (tagapagmana vs. magmamana)

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.

Art. 887. The following are compulsory heirs: (1) Legitimate children and descendants, with respect to
their legitimate parents and ascendants; (PCH) (2) In default of the foregoing, legitimate parents and
ascendants, with respect to their legitimate children and descendants; (SCH) (3) The widow or widower;
(CCH) (4) Acknowledged natural children and natural children by legal fiction; (CCH) (5) Other
illegitimate children referred to in Article 287. (CCH) Compulsory heirs mentioned in Nos. 3, 4, and 5 are
not excluded by those in Nos. 1 and 2; neither do they exclude one another. In 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 Code.
(807a) (SCH)

The Collateral Relatives (not necessarily legal heirs – must be within the 5th civil degree) 2nd cousins –
are heirs? No, because they are 6th degree removed from the decedent 1st cousins – 4 degrees
removed Nieces & nephews, aunts & uncles (from cousins), brother of great grand father – 5 degrees
removed

Art. 1003. If 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. (946a)
Art. 1004. Should the only survivors be brothers and sisters of the full blood, they shall inherit in equal
shares. (947)

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 full blood, the former shall inherit per capita, and the
latter per stirpes. In relation to Article 975 which states

Art. 975. When children of one or more brothers or sisters of the deceased survive, they shall inherit
from the latter by representation, if they survive with their uncles or aunts. But if they alone survive,
they shall inherit in equal portions. Division per capita entails a division of the estate into as many
equal parts as there are persons to succeed. If there are three children, for instance, each will receive,
per capita, one third of the estate. Division per capita is the general rule. Division per stirpes is made
when a sole descendant or a group of descendants represent a person in intestate succession. The sole
representative or group of representatives are counted as one head. Thus, should a father be survived
by a son and four children of another son who predeceased him, then, the estate is divided per stirpes.
The first half is given to the surviving son and the other half shall be divided among the four
grandchildren.

Art. 1006. 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. (949)

Art. 1007. In case brothers and sisters of the half blood, some on the father's and some on the mother's
side, are the only survivors, all shall inherit in equal shares without distinction as to the origin of the
property. (950)

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 and sisters of the full blood. (915)

Art. 1009. 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. (954a)

Art. 1010. The right to inherit ab intestato shall not extend beyond the fifth degree of relationship in the

collateral line. (955a)

 When there are no brothers whether the full of half blood, the other collateral relatives succeed which
whom, however, are limited within the 5th degree of relationship. Because beyond this degree, it is safe
to say that, there is hardly any affection to merit succession. Hence, for succession purposes these
persons are no longer considered relatives. The following rules shall apply: 1. The nearest relative
exclude the farther. 2. Collateral of the same degree inherit equal parts, there being no right of
representation, 3. They succeed without distinction or lines or preference among them on account of
the whole blood relationship

The State Art. 1011. In default of persons entitled to succeed in accordance with the provisions of the
preceding Sections, the State shall inherit the whole estate. (956a)

When a person dies intestate, leaving no compulsory heir, nor any other relatives to succeed him by
law, the natural result would be the complete abandonment of the property. The estate becomes
subject to appropriation by anyone. This condition would result in conflicts detrimental to the public and
economic order. In view of this, the law awards the property to the State, in representation of the
people. Ratio: a) Dictated by public policy and, b) private property is enjoyed only under the protection
of the State, and when no longer used, it should revert back to the State. The reversion of the res
nullius property can only be done through an Escheat proceedings instituted by the Solicitor General to
the proper court ( the city or municipality where the land is situated ). The State, therefore does not ipso
facto become the owner of the estate left without heir. Its right to claim must be based on a court’s
ruling allowing it to have the estate, after compliance with the procedure laid down by the Rules of
Court. (Rule 91)

Art. 1012. In order that the State may take possession of the property mentioned in the preceding
article, the pertinent provisions of the Rules of Court must be observed. (958a)

Art. 1013. After the payment of debts and charges, the personal property shall be assigned to the
municipality or city where the deceased last resided in the Philippines, and the real estate to the
municipalities or cities, respectively, in which the same is situated. If the deceased never resided in the
Philippines, 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. (956a)
Art. 1014. If a person legally entitled to the estate of the deceased appears and files a claim thereto with
the court within five years from the date the property was delivered to the State, such person shall be
entitled to the possession of the same, or if sold the municipality or city shall be accountable to him for
such part of the proceeds as may not have been lawfully spent.

2. Relationships (Intestate or Legal Heirs)

Art. 963. Proximity of relationship is determined by the number of generations. Each generation forms a
degree.

Art. 964. A series of degrees forms a line, which may be either direct or collateral. A direct line is that
constituted by the series of degrees among ascendants and descendants. A 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. (916a)