LAW ON SUCCESSION REVIEW Contractual Succession – that kind

By: Atty. Czar Ian R. Agbayani where a future husband and a

future wife give each other future
property, effective mortis causa, by
Succession in General Defined means of a marriage settlement
In its generic or general senses, it is
defined as the transmission of rights and CHAPTER 1
properties from one person to another. GENERAL PROVISIONS

In this sense, succession may be: ARTICLE 774. Succession is a mode of

1. Inter Vivos – transfer during the acquisition by virtue of which the
lifetime of the giver property, rights or obligations to the
2. Mortis Causa – after death of the extent of the value of the inheritance, of
giver a person are transmitted through his
death to another or others either by his
In Technical Sense will or by operation of law.
It is restricted to suceession mortis causa.
It is in this limited sense that succession Elements:
denotes the transfer of title to property
under the laws of the descent and 1. Mode of acquisition (or ownership)
distribution, taking place as it does, only 2. Transfer of PRO (Property, Rights or
on the death of a person. Obligations) to the extent of the
inheritance of the person
Kinds: (Grantor/Transferor/
1. As to effectivity Decedent/ Testator/ Intestate)
a. S. inter vivos 3. Transmission through death (not
b. S. mortis causa during lifetime)
2. As to whether a will exists or not; 4. Transmission to another (Grantee/
a. Testamentary Succession Transferee/ Heir/ Legatee or Devisee)
b. Intestate/Legal Succession 5. By will or by operation of law
c. Mixed Succession (part of (testamentary or legal succession)
the property has been
disposed of in a will) ARTICLE 775. In this Title, “decedent”
3. As to the transferees of the if the general term applied to the person
property: whose property is transmitted through
a. Compulsory Heirs – refers succession, whether or not he left a will.
to the legitime If he left a will, he is also called the
b. Voluntary Heirs – refers to testator.
the free disposal
4. As to the extent of rights and ARTICLE 776. The inheritance includes
obligations involved all the property, rights and obligations
a. Universal Succession of a person which are not extinguished
(covering ALL juridical by his death.
relations involving the
deceased) Inheritance vs. Succession
b. Particular Succession Inheritance – is the property or right
(covering only certain items acquired.
or properties) Succession – manner by virtue of which
5. Special kind the property or right is acquired
Administration vs. Succession upon the ownership of the properties
Administration – dealings with a deceased involved in probate proceedings or in the
person’s property in accordance with the summary settlement. Such questions must
law be submitted to the CFI (now RTC) in the
Succession – transferring to it beneficially. exercise of its general jurisdiction to try
and determine ordinary (Cordova Vda de
What are the objects of inheritance? Manalac v. Ocampo, 73 Phil 661).
PRO - The probate may do so only for the
1. Property purpose of determining whether or not a
2. Rights not extinguished by death given property should be included in the
3. Obligations not extinguished by inventory of estate of the deceased, but
death (to the extent of the such determination is NOT
inheritance) CONCLUSIVE and is still subject to a
final decision in a separate action to be
Properties instituted between the parties (Janquera v.
-include real and personal properties. Borromeo, L-18498, March 30, 1947; also
-the transferee will also own accessions to Vda. de Valera v. Ofiada, L-27526, Sept.
the property accruing thereto, from the 12, 1974).
moment of death to the time of actual -The probate court may also determine the
receipt of the transferee. This is because question of title to property, if the parties
ownership is transferred at the moment of voluntarily submitted to its jurisdiction,
death. and introduced evidence to prove
- human corprse is not a property and is ownership. (Cordova Vda. de Manalac v.
therefore not part of the estate. This is Ocampo, 73 Phil. 661)
without prejudice to RA 349, as amended
by RA 1056 allowing under certain Rights
conditions the granting to certain entities - Some rights are extinguished by death,
of a person’s organs after death. such as: IPR – F – PO
-properties NOT BELONGING to the
estate must be EXCLUDED. Therefore, it a. Intransmittable Personal Rights –
is important to determine the ownership of because of their nature (those
the properties involved. appertaining to family rights,
- Before the perishable and other property marital and parental authority,
of the estate of the deceased are sold by support, action for legal separation,
the special administrator, it is clear that partnership and agency, life
proceedings must first be taken to annuity)
segregate the alleged exclusive property of b. Right to claim acknowledgment or
the surviving spouse. The issue of the recognition (Filiation) (Conde v.
ownership of said properties should be Abaya, 13 Phil. 433)
decided first, and the conjugal properties c. Right to hold Public or Private
liquidated, or at least the surviving spouse Office (Hu Niu v. Collector of
should agree as to which properties he or Customs, 36 Phil. 433)
she does not mind to be sold. Any sale
done without this requirement should be NOTE: Abovementioned rights have no
considered premature, and the court must inheritability. They are not transmissible
therefore refuse to grant permission. mortis causa.
(Andreson v. Perkins, L-15388, Jan. 31
1961) Rights NOT extinguished by death:
- The CFI (now the RTC) has NO a. Right to bring or continue an action for
jurisdiction to pass finally and definitely Forcible Entry or Unlawful Detainer;
 may be divided among the heirs, legatees
***The City or Municipal Court has and devisees. The court may order the sale
jurisdiction has jurisdiction because the of sufficient property for the satisfaction of
legal question about the inheritance is the debts and the heirs cannot question it.
only incidental in determining whether No residue can also be divided without
petitioners are entitled to the possession of settling first the debts of the deceased.
the apartment or not.***
Can the children, who substituted their
b. Right to compel the execution of deceased father in a civil case, be held
document necessary for convenience, personally liable with their own
provided that the contract is valid and individual properties? No. Children
enforceable under Statute of Frauds cannot be held personally liable, despite
(Araneta v. Montelibano 14 Phil. 117) the substation. Remedy: Plaintiff to
proceed against the estate of the deceased
c. Right to continue a lease contract, either father.
as lessor or lessee, unless otherwise
provided for in the contract. – it is May the heirs be compelled to deliver the
understood that if the lessee-heir continues property sold by their father after his
as lessee, he should pay the rents as they death? Yes. Under Art. 776, heirs inherit
fall due from time to time, even if also the obligation of the deceased which
inheritance has already been disappeared – are not extinguished by the death.
the obligation being his and no longer the
decedent’s. ***A creditor of the HEIR (who is not the
creditor of the deceased), who intervenes
d. Property right in an insurance (the in the estate proceedings, CANNOT ask
interest of a beneficiary in a life insurance the court to sell the properties which the
policy) is vested interested (provided, the HEIR-DEBTOR expects to receive. This is
designation of the beneficiary is because the debts of the deceased must
irrevocable) and as such is transmissible first be paid. Then and only then can we
by hereditary succession, unless by the determine if there is a sufficient reside left
terms of the policy it is otherwise provided for the heirs or the heir’s successors.
(Belden v. Belden, 183 NYS 350; Anderson
v. Groesbeck, 26 Colo. 3) ***Whatever rights which the decedent
had by virtue of a codicil were transmitted
NOTE: Generally, the life insurance to his forced heirs, at the time of death.
policy or the right to the indemnity Corollarily, since obligations are not
belongs to the beneficiary, transmissible to extinguished by death, all obligations
his own heirs; and NOT to the insured, or imposed by the codicil on the deceased
the latter’s own heirs (Carter v. First were likewise transmitted to his
National Bank, 237 Ala. 47; Cook v. Cook compulsory heirs.
17 Cal. 2d. 639)
- Judicial administration is NOT essential
Obligations when the deceased left NO pending
- GR: all obligations are transmissible obligations. To compel the submission of
Ex: purely personal (obligation to support) the property inherited to judicial
or non-transferable by law or contract. administration is unnecessary or
superfluous.
NOTE: only to the extent of inheritance
received by the heirs. The heirs is not - Liabilities, if not monetary, can be
required to pay the balance. No residue treshed out in an ordinary action, despite
the lapse of the estate proceedings. (De
Guzman Vda. de Carillov. Salad de Paz, - Petitioners are not barred in any way
L-4133, May 31, 1952) from on instituting the action to annul the
auction sale to protect their own interest.
- The Law allows the partition of the estate In which case, the decision of CA and its
of a deceased person by the heir, resolution are hereby reversed and set
extrajudicially or through an ordinary aside, and the civil case is reinstated only
action for partition, without the filling of a to determine that portion which belongs to
special proceeding and the appointment of the petitioners and to annul the sale with
an administrator for the purpose of the regard to said portion.
settlement of estate only if the decedent
left no debts and the heirs and legatees are -Even if the accepted the inheritance after
all of age , or the minors are represented death, the effect of acceptance retroacts
by their judicial guardians (Sec. , Rule 74 from the moment of death. If repudiated,
ROC) as if the heir never owned, never possessed
the property, also because of the
- The obligations must be first paid before retroactive effect of a repudiation.
the estate can be divided; and unless the
heirs reach an amicable settlement as to Presumed Death
how such obligations should be settled, the 2 kinds of presumed death:
estate would inevitable by submitted to
administration for the payment of the 1. Ordinary Presumption – ordinary
debts. absence

-disappears in normal conditions, there

ARTICLE 777. The rights to the being no danger or idea of death.
succession are transmitted from the -an absentee shall be presumed dead for
moment of the death of the decedent purposes of opening his succession – at the
***BAR FAVORITE*** end of ten (10) years(at the end of five
years in case he disappeared after the age
Conditions for transmission of of 75yo).
successional rights:
1. That indeed there has been death (either
actual or presumed) 2. Extraordinary Presumption –
2. That rights or properties are indeed extraordinary or qualified absence
transmissible or descendible
3. That transferee is still alive (no - Art. 391 of the Civil Code, qualified
predecease), willing (no repudiation), is absence occurs (qualified or extraordinary
capacitated to inherit. because of great probability of death). The
law says that the following instances shall
*** while the law says “are transmitted”, be presumed dead for all purposes dead for
the proper words should be “made all purposes including the division of the
effective”. estate among the heirs.1
1
Art. 391: (1) A person on board a vessel lost
- The co-heir or co-owner may validly during a sea voyage, or an aeroplane which is
dispose of his share or interest in the missing, who has not been heard of for four years
property subject to the condition that the since the loss of the vessel or aeroplance; (2) A
portion disposed of is eventually allotted to person in the armed forces who has taken part in
him in the division upon termination of the war, and has been missing for four years; (3) A
co-ownership. person who has been in danger of death under
other circumstances and his existence has not been
-It has been held that the person is - The heirs may question the sale of
presumed to have dies at the time of property made by the wife without the
disappearance. In other words, at the end husband’s consent, but only after the death
of 4 years, the presumption will arise that of the husband for it is only at that time
the death had occurred 4 years before. In when their right to the property becomes
other words, the succession really took choate.
place 4 years before [on the day of
disappearance] but actual division will - Heirs may be sued, after testator’s death,
only be at the end of 4 years. not as representatives of the decedent, but
in their own right as owners of an aliquot
NOTE: In both instances, the succession interest in the property in question.
is only provisional character because
there is always the chance that the When there is no necessity of prior
absentee may still be alive. declaration of heirship?
-if there are no pending settlement
Effect of Absentee’s Return or proceedings for the distribution of an
Appearance estate, there is no necessity for a prior
- If the absentee appears, or without declaration of heirship before the heirs are
appearing his existing is proved, he shall allowed to begin an action arising from
recover his property in the condition which any right of the deceased, such as the right
it may be found, and the price of any to bring an action to annul a deed of sale.
property that may have been alienated or
the property acquired therewith; but he Administration of the Estate
cannot claim either fruits or rent. - if heirs are all of legal age and no debts
to be settled, generally no necessity to
- After death, the heirs own the property, appoint an administrator and the heirs,
subject to the decedent’s liabilities. themselves may enter upon the
Therefore, they may dispose of the same, administration of the property. They may
and this is so, even if, in the meantime, the even decide to have a joint administration
property is under administration. or if they so desire, may even, by mutual
agreement, partition the property among
- Pending liquidation of the estate, the themselves.
heirs are entitled to certain allowances for
their support – and these, in the proper - Even if heirs, legatees, or devisees have
cases, are chargeable against the estate. already taken possession of the estate, the
possession should be surrendered by them
- A donation of said property after the to the judicial administrator, in case one be
predecessor’s death but before a judicial appointed by the court. Such administrator
declaration of heirship, is NOT a donation will now be subject to orders from the
of “future property”2. Court, unless he allows the heirs to remain
in possession.
known for four years.
2
Future Inheritance is that which may eventually
be received from a person still alive. It is a property
- Even if an administrator has been
or right not yet in existence or not yet capable of appointed, the heirs still have the right to
determination at the time a contract is made intervene in judicial proceedings, if they
which a person in the future may acquire by have reasons to believe that the
succession. Similarly a donation of said property administrator’s actuations are detrimental
after the predecessor’s death but before a to their right. (i.e failure of administrator
declaration of heirship, is NOT a donation of
“future property”
to present defenses on a claim against the inventory. Likewise, it has the inherent
estate, based on a PN). power to determine what properties, rights
and credits of the deceased the
- Creditors are not precluded to bring an administrator should include or exclude in
action against a special administratix. the inventory. However, it has NO
Otherwise, Creditors would find the authority to decide whether the properties,
adverse effects of SOL running against real or personal, belong to the estate or to
them in cases where appointment of a the persons examined.
regular administrator is delayed.
- If after examination, there is a good
- The administrator must render an reason to believe that the person examined
accounting. Purpose: to determin WON is keeping properties belonging to the
items of expenditures presented, whether estate, then the administrator should file an
supported by receipts or not, are ordinary action in court to recover the
reasonable. ***NOT a mere incident of an same.
administration proceedings, which can be
waived or disregarded when the same is What is the effect of fraudulent intestate
terminated. It is a duty to be performed proceedings?
and duly acted upon by the court before If there is concealment of the existence of
administration is finally ordered closed other heirs, the prejudiced heirs can still
and terminated. file an action to recover their shares,
notwithstanding the termination of the
-Administrator may be held liable for settlement proceedings. This is because
malfeasance, maladministration or ownership of their shares accrued to them
violation of any of his duties as automatically upon the decedent’s death.
administrator.
The right of an heir or other person unduly
Attorney’s Fees – considered proper deprived of his lawful participation in the
administration expenses. If heirs received estate to compel the settlement of the
their shares, they shall be liable estate in the courts for the purpose of
proportionately satisfying such lawful participation is
effective only for a period of 2 years.
- The declaration of heirship must be made
in an administration proceeding, and not in When no transmission occurs?
an independent civil action. It is decisively a. if the heir instituted is incapacitated;
clear that the declaration of heirship can be b. if the heir repudiates;
made only in a special proceeding c. if the heir predeceases the testator
inasmuch as it involves the establishment
of a status or right. When does estate tax accrue?
Upon death of the decedent.
- The probate court is NOT vested with the
power to order the special administrator to What is order of adjudication?
sell real properties of the estate pending The trial court will make an order of
determination of the validity of the regular adjudication distributing the properties of
administrator’s appointment. the estate to those entitled thereto.

- The trial court has to see to it that the “Order” is the judicial recognition that in
inventory of the administrator lists all the appointing persons as heirs, legatees or
properties, rights and credits which the law devisees, the testator did not contravene
requires the administrator to include in his the law and the recipients were in no way
disqualified to inherit in the same madder
that a final order admitting a will to ARTICLE 781. The inheritance of a
probate excludes the entire world from person includes not only the property
contending that statutory formal requisites and the transmissible rights and
have not been observed in executing the obligations existing at the time of his
will. death, but also those which have
accrued thereto since the opening of the
ARTICLE 778. Succession may be: succession.3
(1) Testamentary; - with will
(probate proceedings) ARTICLE 782. An heir is a person
(2) Legal or intestate; or – judicial or called to the succession either by the
EJ provision of a will or by operation of
(3) Mixed – partly testate and partly law.
intestate
Devisees and legatees are persons whom
Other kinds of succession: gifts of real and personal property are
(4) Compulsory (or necessary or respectively given by virtue of a will.
forced) succession – succession to
the legitime Forced/Legal/Compulsory Heir – shares
(5) Contractual (Art. 84(2)) – provided by law. Intestate
Donation mortis causa [i.e: this Voluntary Heir – Included in the will,
happens when a future H & W give given more than the legitime
to each other in their marriage Instituted Heir – Instituted to an aliquot
settlement as much of their future portion of the estate (1/4) FP
property, in the event of death, as
they may validly dispose of in a CHAPTER 2
will (Sec. 130)] TESTAMENTARY SUCCESSION

ARTICLE 779. Testamentary ARTICLE 783. A will is an act whereby

succession is that which results form the a person is permitted, with the
designation of an heir, made in a will formalities prescribed by law, to control
executed in the form prescribed by law. to a certain degree the disposition of his
estate, to take effect after his death.
Rules for Testamentary Succession:
a. Testamentary succession may be done Essential Elements and Characteristics
through a will or through a codicil of a Will.
b. The will or codicil may be: 1. The making of a will is a statutory right
i. Notarial – ordinary, attested or – “permitted… to control to a certain
acknowledged degree”
ii. Holographic – handwritten by
the testator from beginning to end, 2. It is a unilateral act – acceptance by
complete with date and signature transferees is not needed while the testator
is alive.
In case of doubt, testamentary succession
is preferred to legal or intestate succession. 3. It is a solemn or formal act (Art. 783)
(Art. 791)
3
It must be read with Art. 793. Property acquired
ARTICLE 780. Mixed succession is that AFTER the making of a will shall only pass thereby,
effected partly by will and partly by as if the testator had possessed it at the time of
operation of law. making the will, should it expressly appear by the
will that such was his intention.
4. There must be animus testandi (intent to ARTICLE 786. The testator may
make a will) entrust to a third person the
distribution of specific property or sums
5. The testator must be capacitated to make of money that he may leave in general to
a will (Art. 796-798) specified classes or causes, and also the
designation of the persons, institutions
or establishments to which such
6. The will is strictly a personal act in all property or sums of money are to be
matters that are essential (Art. 784) given or applied. [exception to Art. 785]

7. it is effective mortis causa (produces ***In Art. 786, particular names are NOT
effects only after death “ambulatory”) designated. In Art. 785, names of
(Art. 777) particular persons are given

8. It is essentiality revocable or ambulatory ARTICLE 787. The testator may NOT

(Art. 828) make a testamentary disposition in such
manner that another person has to
9. it is free from vitiated consent determine whether or not it is to be
operative.
10. It is an individual act (Art. 818 and
819) What acts which may not be left to the
discretion of a third person?
11. It disposes of the testator’s estate a. Duration of the designation of heirs,
(whether totally of partially) in accordance devisees or legatees (Art. 785)
with his wishes (legitime is reserved for b. Efficacy of the designation of heirs,
compulsory heirs) devisees or legatees (Art. 785)
c. Determination of the portions which
ARTICLE 784. The making of a will is a they are to take, when referred to by name
strictly personal act; it cannot be left in (Art. 785)
whole or in part to the discretion of a d. Determination of whether or not the
third person, or accomplished through testamentary disposition is to be operative
the instrumentality of an agent or (Art. 787)
attorney.
Reason: Those acts are testamentary iun
- Only mechanical act of drafting may be character. While the act determining
entrusted to another. Provided, disposition whether a testamentary disposition is to be
itself expresses the testator’s desires, and operative or not is not exactly
all the formalities of the law are complied testamentary in character, it is nonetheless
with, such as signing by the testator and prohibited because it would tantamount to
the witness , or the copying by the testator allowing a third person substitute the will
in his own handwriting (in case of of the testator for his own [Jurado]
holographic will).
What acts may be entrusted to third
ARTICLE 785. The duration or efficacy person?
of the designation of heirs, devisees or a. Distribution of specific property or sums
legatees, or the determination of the of money that the decedent may leave in
portions which they are to take, when general to specified classes or causes; and
referred to by name, cannot be left to b. Designation of the persons, institutions
the discretion of a third person. or establishments to which such property
or sums are to be given or applied (Art. context clearly indicates a contrary
786) intention, or unless it satisfactorily
appears that the will was drawn solely
ARTICLE 788. If a testamentary by the testator, and that he was
disposition admits of different unacquainted with such technical sense.
interpretation by which. The disposition
is to be operative shall be preferred. GR – ordinary words have their ordinary
meanings.
***Testate succession is preferred over
intestacy.*** E- If there is a clear intention that is
another meaning was used – provided that
ARTICLE 789. When there is an other meaning can be determined.
imperfect description, or when no
person or property exactly answers the GR – Technical words have technical
description, mistakes and omissions meanings.
must be corrected, if the error appears E – (1) if there is a contrary intention
from the context of the will or from (2) if it appears that the will was drafted by
extrinsic evidence, excluding the oral the testator alone, who did not know the
declarations of the testator as to his technical meaning
intention; and when an uncertainty
arises upon the face of the will, as to the ARTICLE 791. The words of a will are
application of any of its provisions, the to receive an interpretation which will
testator’s intention is to be ascertained give to every expression some effect,
from the words of the will, taking into rather than one which will render any of
consideration the circumstances under the expressions inoperative; and of two
which it was made, excluding such oral modes of interpreting a will, that is to be
declaration. preferred which will prevent intestacy.

Kinds of ambiguity in a will ARTICLE 792

a. Latent or Intrinsic Ambiguity – that
which does NOT appear on the face of the ARTICLE 793 – GR: only those
will, and is discovered only by extrinsic properties already possessed and owned
evidence. ***no parole evidence at the time will was made.
allowed***
Ex: Express intention of the Testator
b. Patent or Extrinsic Ambiguity – that
which appears on the face of the will Will is republished or modified by a
itself; in other words, by examining the subsequent will or a codicil
provision itself, it is evident that it is not
clear. If at the time the testator made the will
he erroneously thought that he owned
ARTICLE 790. The words of a will are certain properties, the gift of said
to be take in their ordinary and properties will not be valid, unless after
grammatical sense, unless a clear making such will said properties will
intention to use them in another sense belong to him.
can be gathered, and that other can be
ascertained. Legacies of credit or remission are
effective only as regards that part of the
Technical words in a will are to be take credit or debt existing at the time of the
in their technical sense, unless the death of the testator