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g) upon fulfillment of a resolutory condition The relatives who are in the same degree shall

SUCCESSION attached to the institution of heir, rendering inherit in equal shares.


FINALS the will ineffective.
ATTY. A. S. CASURRA Rule of Barrier between the legitimate family and
Who are the intestate or legal heirs? the illegitimate family
What is legal succession? (Art. 960) 1.) As to relatives, they are: Illegitimate family cannot inherit by intestate
 Under the law, this is the kind of succession a) legitimate ascendants; succession from the legitimate family and vice –
prescribed by law which takes place when b) illegitimate parents; versa.
the expressed will of the decedent has not c) legitimate children;
been expressed in a will; d) illegitimate children; Rule of Double Share for Full Blood Collaterals
 Because unexpected death may come to e) surviving spouse; When the full and half – blood brothers or sisters,
any person, the law presumes what would f) brothers, sisters, nephews and nieces; nephews or nieces, survive, the full blood shall
have been his last wishes had he executed g) other collateral relatives; take a portion on the inheritance double that of the
a will while still alive, taking into half – blood.
consideration his love and affection for 2.) surviving spouse;
those closest to him. 3.) the State through escheat proceedings Note:
 If one of the legitimate ascendants,
When does legal succession take place? Rules to remember in legal or intestate succession; illegitimate parents, legitimate children or
Under the law, it is when: illegitimate children survives, the brother,
a) a person dies without a will or a void will, An intestate heir is not necessarily a compulsory sisters, nephews, and nieces (BSNN) are
or a will that has lost its validity; heir (like a brother or sister) excluded;
b) the will does not institute an heir or does  If one of the legitimate ascendants,
not dispose of all the properties of the Rule of Preference between lines illegitimate parents, legitimate children,
testator; a) those in the direct descending line shall illegitimate children or surviving spouse
c) if a suspensive condition attached to the exclude those in the direct ascending and survives, the other collateral relatives and
institution of an heir in a will does not collateral lines; the state are excluded;
happen; b) those in the direct ascending line shall, in  If any of the heirs concur in legitimes, then
d) if the heir ceases his life before the turn, exclude those in the collateral line. they also concur in intestacy.
testator, or is incapacitated to inherit, or
repudiates the inheritance, and there is no Rule of Proximity (Art. 962) Other rules to remember:
substitution or accretion; The relative nearest in degree excludes the farther a) If a man dies survived by a brother
e) when the heir is incapable of succeeding; one, saving the right of representation when it and a cousin, the brother excludes
f) upon the expiration of a resolutory term properly takes place. the cousin;
attached to the institution of heir; b) If the deceased has two brothers,
Rule of Equal Division they get equal shares;

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c) If a man is survived by a be incapacitated to (if they are siblings,
grandfather and a brother (both 2 inherit, the share of estate is divided among
degrees), the grandfather inherits A accrues to C and D, the number of children)
alone because the direct line is because there is no LEGITIMATE CHILDREN  The surviving
preferred to the collateral line; representation in and SURVIVING spouse gets the
d) Half – sister excludes nephews and repudiation, while the SPOUSE same share as
nieces; share of B goes to his one legitimate
e) An aunt is excluded by nephews and child B1 by child;
nieces although both are 4th degree representation. So B1  If there is only
relations, because nephews and gets P25,000 while C one child, they
nieces are 4th in the order of legal and D gets P37,500 divide ½ child
succession, while an aunt is only 5th. each, due to the and ½ spouse;
f) In giving the shares of illegitimate share of A accrued to
children, the shares of the them. LEGITIMATE CHILDREN  Proportion of 10
legitimate children should not be h) If in the above example, all the AND ILLEGITIMATE : 5, or 2 : 1,
impaired (1/2 of the estate). If brothers and sisters repudiate, the CHILDREN provided the
there are many illegitimate children, next in line (nephew and nieces) get legitimes of the
give what corresponds to the the estate in their own right per legitimate
legitime of the the legitimate capita not be representation children are not
children first (1/2 of the estate), because again, there is no impaired.
then divide the rest among the representation in repudiation.  So, if there are
illegitimate children.  So, if A, B, C, and D all only 2 legitimate
g) If there are relatives of the same repudiate, the P100,000 children and 10
degree and some repudiate or are estate of their parents will illegitimate
incapacitated, their shares accrue to go to A-1 and B-1 which children, since
the other of the same degree, save they will divide per capita or legitime of the
the right of representation. P50,000 each legitimate
 Example: i) If nephews and nieces alone children is ½ of
 A, B, C, and D are survive, they inherit in equal shares. the estate, the
brothers. Their other ½ shall be
parents died, leaving Sharing in Intestate Succession: divided pro
an estate of diviso equally
P100,000.0 and A Surviving relative Share amongst the
repudiates his share LEGITIMATE CHILDREN  All of the estate illegitimate
while B turns out to ALONE children.

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 Thus, if the children, they SURVIVING SPOUSE illegitimate
parent’s estate is will again have children;
P100,000 the to share what  ½ share of the
two legitimate remains of the estate to the
children get other half of the surviving spouse
P50,000 or estate after SURVIVING SPOUSE  The spouse is
P25,000 each. giving the share entitled to all of
While the ten of the surviving the estate
illegitimate spouse, so that it LEGITIMATE PARENTS  The surviving
children will can well happen ALONE legitimate
divide the other that each parents is
P50,000 equally illegitimate child entitled to all of
among cannot get ½ of the estate
themselves or the share of a LEGITIMATE PARENTS;  Legitimate
only P5,000 legitimate child SURVIVING SPOUSE; parents shall
each. ONE LEGITIMATE  One legitimate ILLEGITIMATE have ½ of the
LEGITIMATE CHILDREN  Legitimate CHILD child shall have CHILDREN estate
AND ILLEGITIMATE children and SURVIVING SPOUSE ½ of the estate  Surviving spouse
CHILDREN AND illegitimate ILLEGITIMATE  Surviving spouse shall have ¼ of
SURVIVING SPOUSE children share a CHILDREN shall have ¼ the estate
portion of 10 : 5 share of the  The illegitimate
 Surviving spouse estate children shall
is entitled to the  Illegitimate have ¼ of the
same share as children shall estate to be
one legitimate divide amongst divided among
child, to be themselves the themselves
taken from the remaining ¼  When there are
other half of the share of the legitimate
estate so that estate children,
the share of the ILLEGITIMATE  They shall inherit ascendants are
legitimate CHILDREN survive all of the estate excluded
children will not left by the LEGITIMATE PARENTS;  Legitimate
be impaired. decedent ILLEGITIMATE parents shall
 So, if there are ILLEGITIMATE  ½ share of the CHILDREN have ½ of the
many illegitimate CHILDREN and estate to the

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estate SISTERS; NEPHEWS of the estate to Children of first cousins cannot represent;
 Illegitimate AND NIECES be divided but first cousins represent because they are
children shall amongst the children of brothers and sisters
have ½ of the themselves Representation in the collateral line is true
estate Other Collaterals  They are entitled only in legal succession, because collaterals
LEGITIMATE PARENTS  ½ of the estate  Nearer excludes to all of the are not compulsory heirs, and a voluntary
AND SURVIVING shall be entitled the farther estate to be heir cannot be represented.
SPOUSE to the legitimate  Does not extend divided amongst
parents; beyond 5th themselves If the adopter dies ahead of the adopted
 ½ of the estate degree child, the parents and relatives by
shall be entitled  A half - sister consanguinity of the adopted child are his
to the surviving excludes all legal heirs. (Art.984, NCC)
spouse other relatives
SURVIVING SPOUSE  Surviving spouse If the adopter predeceases the adopted
AND ILLEGITIMATE is entitled to ½ child, the latter cannot represent the former
PARENTS of the estate; The right of representation takes in the inheritance from the legitimate
 Illegitimate place only in the direct descending relatives of the adopter, because the filiation
parents is line: never in the ascending line (Art. created by fiction of law is exclusively
entitled to ½ of 972) between the adopter and the adopted.
the estate In the collateral line representation
ILLEGITIMATE  The illegitimate takes place only in favor of children of What is capacity to receive?
PARENTS ALONE parents are brothers and sisters, whether full or Under the law, it is the capacity of an heir to
entitled to the half-blood (Art. 972, sec par.). receive inheritance or succeed by virtue of a will or
entire estate Hence, grandnephews and through legal succession.
SURIVING SPOUSE;  Surviving spouse grandnieces do not represent.
BROTHERS AND is entitled to ½ There are two requisites for an heir to succeed by
SISTERS of the estate There is also representation in the will or intestacy, these are the following:
 Brothers and illegitimate line (Art. 989) a) The heir, legatee or devisee must be living
sisters are or in existence at the moment the
entitled to ½ of In the collateral line, there is representation succession opens; and
the estate to be only in favor of children of brothers and b) He must not be incapacitated or disqualified
divided amongst sisters, whether full or half-blood (Art. 972). by law to succeed.
themselves Grandchildren of brothers and sisters
BROTHERS AND  Entitled to the all cannot represent. What are the kinds of incapacity?
a) Absolute Incapacity

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a. The heir cannot inherit from c) GUARDIANS with respect to testamentary Who are the persons incapable of succeeding
anybody dispositions given by a ward in his favor because of UNWORTHY ACTS?
b) Relative Incapacity, due to: before the final accounts of the a) PARENTS who have abandoned their
a. Because of possible undue guardianship have been approved, even if children or induced their daughters to lead
influence; the testator should die after the approved a corrupt or immoral life, or attempted
b. Because of public policy and the approval thereof; except if the guardian against their virtue;
morality; is his ascendant, descendant, brother, b) Any persons who has been convicted of an
c. Because of unworthiness sister, or spouse; ATTEMPT against the life of the testator,
d) RELATIVES of the priest or minister of the his or her spouse, descendants, or
gospel within the fourth civil degree of ascendants;
What is in absolute incapacity? relations, the church, order, chapter, c) Any person who has ACCUSED the testator
Under the law, the general rules is that, community, organization, or institution to of a crime for which the law prescribes
individuals, corporations, associations not which such priest or minister may belong; imprisonment for six years or more, even if
permitted by law or their charter to inherit, cannot e) ATTESTING witness to the execution the accusation has been found groundless;
inherit. of a will, the spouse, parents, or d) Any heir of full age who, have knowledge
children, or any one claiming under of the violent death of the testator, should
However, other corporations or entities like the such witness, spouse, parents, or FAIL to report it to an officer of the law
State; provinces, municipalities, private children; within a thirty (30) days, unless the
corporations, organizations, or associations for f) PHYSICIAN, surgeon, nurse, health officer, authorities have already taken action; this
Religious, Scientific, Cultural, Educational or or pharmacist who took care of the testator prohibition shall not apply to cases, wherein
Charitable purposes may inherit under a will. during his last illness. according to law, there is no obligation to
make an accusation;
A child not yet conceived, or abortive infants are Who are the persons incapable of succeeding e) Any person convicted of ADULTERY or
incapable to succeed. because of PUBLIC POLICY or MORALITY? CONCUBINAGE with the spouse of the
a) Those made in favor of a person with testator;
Who are the persons incapable of succeeding whom the testator was guilty of f) Any person who by FRAUD, VIOLENCE,
because of UNDUE INFLUENCE? ADULTERY or CONCUBINAGE at the INTIMIDATION, or UNDUE INFLUENCE
time of the making of the will; should cause the testator to make a will or
a) PRIEST who heard the last confession of b) Those made in CONSIDERATION of a crime to change one already made;
the testator during his last illness, or the of which both the testator and beneficiary g) Any person who by the same means,
minister of the gospel who extended have been found guilty; prevents another from making a will, or
spiritual aid to him during the same period; c) Those made in favor of a PUBLIC OFFICER from revoking one already made, or who
b) INDIVIDUALS, associations and or his spouse, descendants and ascendants, supplants, conceals, or alter the latter’s will
corporations not permitted by law or by reason of his public office. h) Any person who falsifies or forges a
charter to inherit; supposed will of the decedent

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b) Co – heirs have, however, the right
When can there be a determination of incapacity Even if the condonation is made in to recover damages from the
or capacity as to succeed? incapacitated heir;
Implied Condonation c) Incapacitated heir may demand
Under the law, the general rules is the If having knowledge of the act of unworthiness, indemnity for expenses for
determination of such shall start at the moment of the testator gave the person concerned an preservation of property, and may
the death of the testator. inheritance, legacy, or device; enforce credits due to him from the
estate;
Except, if when there is still pending a final d) As to improvements introduced by
judgment as to: Express Condonation incapacitated person, apply the
a) A person’s attempt against the life against If not knowing of the act of unworthiness at the rules on possession in good faith or
the testator; time of the execution of the will, but having known bad faith;
b) A person’s accusation of a crime against of the same subsequently, the testator condones it e) Incapacitated person must return
the testator; and in writing, public or private. property together with its
c) Whether or not the person committed accessions (like the increase of the
either adultery or concubinage. What is the prescriptive period for property by alluvium);
declaration of incapacity and recovery of f) Incapacitated person is liable for all
Exempted from the rule, is whether or not the heir property? fruits and rents received or could
whom is of full age failed to report the violent have been received through the
death of the testator.  Within five (5) years from the time exercise of due diligence
incapacitated person took possession of the
Lastly, if the institution of an heir is conditional property; What is acceptance and repudiation of the
such that when this condition is complied with.  Anyone who has an interest in the inheritance? (Art. 1041)
succession (person who inherits in place of Under the law, its characteristics are;
What is Condonation? the incapacitated heir) may bring the a) Voluntary and free;
Under the law on succession, this is an instance action. b) Irrevocable except if consent is vitiated or
when the testator, at the time he made the will, an unknown will appear;
possess knowledge of the unworthiness of the heir What are the effects of incapacitated heir, legatee, c) Retroactive
but failed or omitted to effect the disinheritance. or devisee with respect to hereditary property?
What are its requisites?
Art. 1033 a) Alienations and acts of The civil code requires that:
The cause of unworthiness shall be without administration before the judicial a) There must be certainty of death of the
effect if the testator had knowledge thereof at the order of exclusion are valid as to decedent; and
time he made the will, or if, having known of them third persons who acted in good b) There must be certainty of the right to the
subsequently, he should condone them in writing. faith; inheritance

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a) Repudiation in a public instrument distribute the property, or in their default, to those
acknowledged before a notary public; mentioned in Article 1030.
ACCEPTANCE b) Repudiation in an authentic document of
Acceptance of succession involves the which is equivalent of an indubitable writing
confirmation of transmission of successional rights. or a writing whose authenticity is admitted Who may accept or repudiate?
or proved; These are the following:
REPUDIATION c) Repudiation by petition presented to the a) Any person who has free disposal of his
While, repudiation, renders the court having jurisdiction over the property;
transmission of successional rights ineffective; testamentary or intestate proceeding; b) Minors and incapacitated persons, such
It is equivalent to an act of disposition or that:
alienation; and publication is required for the Heirs in two capacities  The acceptance may be made by
protection of other heirs and creditors. A) If a person is called to the same inheritance parents or guardians;
as an heir by will and by law and he  Repudiation by parents or guardian
repudiates the inheritance in his capacity as must be with judicial authorization;
What are the forms of acceptance? a testamentary heir, he will be considered c) The deaf and the mute or deaf – mutes
to have also repudiated the inheritance as  If literate, he can accept or
EXPRESS ACCEPTANCE an intestate heir; repudiate personally or through an
- One that is made in a public or private B) If he repudiates is as a legal heir, without agent;
document; his being a testamentary heir, he may still  If illiterate, acceptance must be by
IMPLIED ACCEPTANCE accept the inheritance in the latter capacity. guardian, who can also repudiate
- Within thirty days after the court has issued but with judicial approval;
an order for the distribution of the estate in d) Inheritance left to the poor
accordance with the Rules of Court, the Art. 1044. Any person having the free  The right to accept or repudiate
heirs, devisees and legatees shall signify to disposal of his property may accept or belongs to person designated by
the court having jurisdiction whether they repudiate an inheritance. testator;
accept or repudiate the inheritance;  In default of the above, there must
- If they do not do so within that time, they Any inheritance left to minors or incapacitated be a majority vote of municipal
are deemed to have accepted the persons may be accepted by their parents or judge, municipal mayor, and
inheritance. guardians. Parents or guardians may repudiate the municipal treasurer, but with
TACIT ACCEPTANCE inheritance left to their wards only by judicial approval of RTC.
- One resulting from acts by which the authorization.
intention to accept is necessarily implied; e) Corporations
The right to accept an inheritance left to the poor  Acceptance may be made by their
What are the forms of repudiation? shall belong to the persons designated by the lawful representatives qualified to
testator to determine the beneficiaries and acquire property in their behalf;

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 Repudiation may be made by the by such heirs, subject to the payment of among the co-heirs a minor or a person
same representatives but only with debts of the deceased. (n) subject to guardianship; but the mandatary, in
court approval such case, shall make an inventory of the
f) Public Official establishments (those Art. 1079. Partition, in general, is the property of the estate, after notifying the co-
devoted to public purposes like charity and separation, division and assignment of a heirs, the creditors, and the legatees or
education and supported by public funds)
thing held in common among those to devisees.
 Approval of the proper government
agency or department head is
whom it may belong. The thing itself
necessary. may be divided, or its value. Effects of Partition (Art. 1091)

What happens if inheritance was accepted by Art. 1080. Should a person make 1. After the partition, each heir acquires
creditors? partition of his estate by an act inter exclusive ownership of the property or
vivos, or by will, such partition shall be share adjudicated to him.
a) Creditors may accept if repudiation by an respected, insofar as it does not 2. Rights of third persons are not,
heir prejudices them; prejudice the legitime of the compulsory however, affected by the partition
b) Creditors must petition the court to allow heirs. 3. If co-heir had sold his share before the
them to accept in the name of the heir; partition is made, the purchaser
c) Acceptance by creditors should be only to
A parent who, in the interest of his or her acquires the property adjudicated to
the extent of their credits;
family, desires to keep any agricultural, said heir.
d) Any excess after acceptance by creditors
pertains to the proper testate or intestate industrial, or manufacturing enterprise intact,
heirs. may avail himself of the right granted him in RECIPROCAL OBLIGATION OF
this article, by ordering that the legitime of the WARRANTY AMONG THE HEIRS
Period for accepting or repudiating other children to whom the property is not (Art.1092)
assigned, be paid in cash.
Within thirty (30) days after the court issues an After the partition has been made, the co-
order of distribution. Art. 1081. A person may, by an act inter heirs shall be reciprocally bound to warrant
If there is no acceptance or repudiation within the vivos or mortis causa, intrust the mere the title to, and the quality of, each
said period, inheritance is deemed accepted. power to make the partition after his property adjudicated.
death to any person who is not one of The obligation to warrant on the part of
the co-heirs. each heir is proportionate to his share
Art. 1078. Where there are two or more If an heir is insolvent, the other co-heirs
heirs, the whole estate of the decedent The provisions of this and of the preceding are liable for his part in the warranty,
is, before its partition, owned in common article shall be observed even should there be

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deducting the share of the one entitled to Delivery of a thing of the same kind and
indemnify quality as that awarded to the plaintiff
Those who pay the liability of the insolvent
heir have the right of reimbursement If a new partition is made, it shall not affect those
who have not been prejudiced, or those who have
should the financial condition of said heir
not received more than their just share
improves
Action to enforce warranty must be Art. 1108: Inclusion of a person not an heir
brought within 10 years from the date the in the partition
right of action accrues ( Art.1094)
1. Partition is not completely void, but void
Art. 1099. The partition made by the only with respect to the part corresponding
testator cannot be impugned on the to the non-heir
ground of lesion, except when the 2. The non-heir who got a share must give
legitime of the compulsory heirs is what he had received to the heir lawfully
thereby prejudiced, or when it entitled thereto
appears or may reasonably be
presumed, that the intention of the
testator was otherwise.

Art. 1100. The action for rescission on


account of lesion shall prescribe after
four years from the time the partition
was made

Art. 1101: Heir who is sued may:

1. indemnify plaintiff for his damages; or


2. consent to a new partition

If indemnity is chosen, payment may be


made:
In cash, or

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