Section 1: General Provisions If the deceased died with a will – will is void – rules

on intestacy shall be applied.

Article 960. Legal or intestate succession takes
place: Testacy prevails over intestacy

(1) If a person dies without a will, or with a void will, How Testate Succession is Transformed Into
or one which has subsequently lost its validity; Intestate Proceedings

(2) When the will does not institute an heir to, or Only after final decision as to the nullity of a
dispose of all the property belonging to the testate succession could an intestate succession
testator. In such case, legal succession shall take be instituted in the form of a pre-established
place only with respect to the property of which action.
the testator has not disposed;
2nd Paragraph
(3) If the suspensive condition attached to the
institution of heir does not happen or is not fulfilled, When the testator did not designate any HLD,
or if the heir dies before the testator, or
intestacy shall govern.
repudiates the inheritance, there being no
substitution, and no right of accretion takes place;
Similarly, if the disposition made covers only some
or part of the inheritance, the property not
(4) When the heir instituted is incapable of
disposed of in the will shall be distributed by legal
succeeding, except in cases provided in this Code.
succession.
(912a)

3rd Paragraph - Covers

Legal Succession – mode of transmission of
inheritance w/c takes place upon the death of the
1. Suspensive condition that will not happen
decedent who died w/o a valid will or ineffective
2. Heir predeceases the testator
will
3. Heir repudiates the inheritance
Basis
XPNs:
The law is putting itself in the place of the
a. Substitution
decedent and provides for what the decedent
b. Accretion
would have done if he were able to express his
desires in his will.
4th Paragraph
It is presumed that the deceased would give his
When the heir instituted becomes incapacitated to
inheritance to:
inherit – heir may be incapacitated by acts of
unworthiness or disinheritance.
1. Descendants – illegitimate children will not be
abandoned
Effects of Preterition on a pending testate
2. Ascendants
proceeding; And on an Ordinary Civil action to set
3. Collateral relatives
aside Partition
1st Paragraph
à The testate proceeding will be converted into
intestate proceeding
If a person dies w/o a will – intestate succession
will govern.
à If the proceeding filed by the preterited heir The order of succession cannot be altered by
is an ordinary civil action cannot be converted a contract entered into by the heirs.
into an intestate proceeding.
à The court cannot order for the collation and The Oder of Intestate Succession is Successive
partition effected and sought to b allowed. and Exclusive

Requisites before Intestate Heirs can inherit in à Order of intestate succession is successive
case of void or ineffective will. and exclusive. HOWEVER, primary compulsory
heirs (#1,3, & 4) are never excluded; always
à There must be first a declaration that the will entitled to legitimes provided by law.
is void or there was a positive disallowance
thereof by the probate court. Intestate heirs vs. Compulsory Heirs

When heirs are not required to submit to judicial à Intestate heir are not necessarily compulsory
administration heirs, and not all compulsory heirs can inherit
as intestate heirs.
à When a person dies w/o leaving pending
obligations, heirs are not required to submit Disinheritance and Exclusion of Intestate Heirs
the property for judicial administration nor
apply for the appointment of an administrator Intestate heirs who are not compulsory heirs
by the court. cannot be disinherited. However, intestate heirs
who are not compulsory heirs can be excluded
Letters of Administration may be converted into from the estate through a provision in the will
judicial partition
Article 962. In every inheritance, the relative
Article 961. In default of testamentary heirs, the nearest in degree excludes the more distant
law vests the inheritance, in accordance with ones, saving the right of representation when it
the rules hereinafter set forth, in the legitimate properly takes place.
and illegitimate relatives of the deceased, in the
surviving spouse, and in the State. Relatives in the same degree shall inherit in
equal shares, subject to the provisions of article
Absence of Testamentary Heirs 1006 with respect to relatives of the full and half
blood, and of article 987, paragraph 2,
à Inheritance will devolve upon the legitimate concerning division between the paternal and
and illegitimate relatives, surviving spouse and maternal lines. (912a)
the State.
Proximity Rule
Order of Intestate Succession when the
Deceased is Legitimate The relatives who are nearer in degree exclude
those who are farther.
1. Legitimate children and their descendants
2. Legitimate parents and ascendants XPN: When the right of representation is
3. Illegitimate children applicable – representative is raised to the level of
4. Surviving spouse w/o prejudice to rights of the person represented and in effect, the
brothers and sisters when they concur representative occupies a place and degree equal
5. Collateral relatives within 5th degree to the co-heirs.
6. The State
Equal Division Rule How to determine proximity in a relationship

Relatives who belong to the same degree will Determined by the number of generation. Each
generally inherit in equal shares. generation is considered a degree

XPN:

a. Division between full and half-blood (Insert illustration)

relatives
b. Division in the ascending line
c. Division in case of representation

G.R.: Rule of Proximity is Absolute

XPN: In the case of nephews and nieces of the

decedent w/ their uncles or aunt
Rule of Proximity – to avoid any confusion in
G.R.: Preference of the Direct Line over the determination of proximity of a relative in relation
collateral line to another, simply count the number of imaginary
lines that exist between the,
XPN: “A disposition made in general terms in favor
of the testator’s relatives shall be understood to Article 964. A series of degrees forms a line,
be in favor of those nearer in degree” regardless which may be either direct or collateral.
of the lines where the relatives comes from. – The
rule of proximity which prevails. A direct line is that constituted by the series of
degrees among ascendants and descendants.
Preference of Direct Descending Line over
Direct ascending line A collateral line is that constituted by the series
of degrees among persons who are not
Subsection 1: Relationship ascendants and descendants, but who come
from a common ancestor.
Article 963. Proximity of relationship is
determined by the number of generations. Each Article 965. The direct line is either descending
generation forms a degree. or ascending.

Relationship The former unites the head of the family with

those who descend from him.
It is the tie or vinculum which binds natural persons
by the reason of their coming from a common The latter binds a person with those from whom
ancestor or stock. he descends.

Consanguinity – if the tie which connects these Series of Lines

persons by blood.
a. Direct Line – It is a straight line, either
Affinity – established by marriage of a relative going up or down depending upon the
position of the relatives under
consideration:
 (i) Ascendants – direct ascending Article 967. Full blood relationship is that existing
line; between persons who have the same father
(ii) (ii) Descendants – direct and the same mother.
descending line.
Half blood relationship is that existing between
b. Collateral Line – line formed by the series persons who have the same father, but not the
of degrees among relatives who are not same mother, or the same mother, but not the
ascendants or descendants. HOWEVER, same father.
they descend and come from a common
ancestor. Full Blood – relationship between persons who
come from the same father & mother.
Concept of Rule of Preference – there are 3 lines Half Blood Relationship – relationship between
of succession: persons who have the same mother and different
father or vice versa
a. Direct descending line
b. Direct ascending line Relationship may be legitimate or illegitimate
c. Collateral line
Article 968. If there are several relatives of the
Article 966. In the line, as many degrees are same degree, and one or some of them are
counted as there are generations or persons, unwilling or incapacitated to succeed, his portion
excluding the progenitor. shall accrue to the others of the same degree,
save the right of representation when it should
In the direct line, ascent is made to the common take place
ancestor. Thus, the child is one degree
removed from the parent, two from the Accretion among relatives of the same degree
grandfather, and three from the great-
grandparent. à Article speaks of several relatives of the
same degree and one or more repudiate or
In the collateral line, ascent is made to the are incapacitated to Inherit.
common ancestor and then descent is made to
the person with whom the computation is to be à The consequence – accretion of the share
made. Thus, a person is two degrees removed of such heir to the shares of such heir to
from his brother, three from his uncle, who is the shares of other relatives of the same
the brother of his father, four from his first degree.
cousin, and so forth.
à XPN: Right of representation is authorized
Counting of Degrees
à There is no right of representation in
The number of the generations or persons shall be repudiation
counted but excluding the progenitor (ancestor)
 Article 969. If the inheritance should be Subsection 2: Right of Representation
repudiated by the nearest relative, should there
be one only, or by all the nearest relatives called Article 970. Representation is a right created
by law to succeed, should there be several, by fiction of law, by virtue of which the
those of the following degree shall inherit in their representative is raised to the place and the
own right and cannot represent the person or degree of the person represented, and
persons repudiating the inheritance. (923) acquires the rights which the latter would have
if he were living or if he could have inherited.
When the only heir or all heirs repudiate – those in (942a)
the next degree will inherit in their own right
Representation – a right granted by law to a
à HOWEVER, if there are heirs of the same representative by raising him to the level and
level who do not repudiate, accretion will degree of the person represented such that the
operate in their favor. former acquires the rights of the latter as an heir.

à In incapacity, the right of representation is not It may rise because of the death, incapacity or
extinguished. disinheritance of a compulsory heir. The
representative can only inherit the right to which
Under Art. 982 when all the children are dead or the person he represents would rightfully be
incapacitated, the grandchildren will inherit by the entitled.
right of representation and not in their own right.
By the right of representation, a more distant
à They inherit per stirpes blood relative of a decedent is, by operation on
à XPN: if all the children repudiate, the law, “raised to the same place and degree ” of
grandchildren shall inherit in their own right as relationship as that of a closer blood relative of the
relatives in the next degree. same decedent.

Art. 1018 shall apply if there are several nearest Representation Obtains only in immediate degrees
relatives and one or some but not all repudiate the
inheritance. While Art. 969 shall apply only if: à The representative can only represent a
person immediately higher in degree. E.g.
a. There is only 1 nearest relative who a son cannot represent grandfather.
repudiates à There can be no representation in what is
b. Several nearest relatives but all of them voluntarily given.
repudiate à A devisee or legatee may be represented
by his heirs if he died after the testator
has died

Can the adoptee represent the adopter in the

inheritance of the latter’s parents or ascendants?

Yes.

Under the new law, it is apparent that s/he being

considered a legitimate child has the right to
represent the adopter in the estate of the latter’s
parents or ascendants.
The adopted having been made a member of the Representation in the Collateral Line; Limit
family of the adopter should not live like a stranger
in that family. à It is only possible in intestate succession. It
cannot take place in testamentary
Article 971. The representative is called to the succession because only compulsory heirs
succession by the law and not by the person can be represented
represented. The representative does not
succeed the person represented but the one Article 973. In order that representation may
whom the person represented would have take place, it is necessary that the
succeeded. representative himself be capable of
succeeding the decedent.
Whom does the representatives succeed?
Capacity to Succeed of Representatives
Representative does not succeed the person
represented but the one whom the person à The representative inherits from whom the
represented would have succeeded. person represented would have succeeded.
à Necessarily, his capacity to succeed is
However, it is necessary that the representative determined by his relation w/ the decedent
himself be capable of succeeding the decedent. and not w/ the person he represents.
à A child already conceived at the time of the
Article 972. The right of representation takes death of the decedent is capable of
place in the direct descending line, but never in succeeding provided it be born later under
the ascending. the conditions prescribed in Art. 41.

In the collateral line, it takes place only in favor Article 974. Whenever there is succession by
of the children of brothers or sisters, whether representation, the division of the estate shall
they be of the full or half blood. be made per stirpes, in such manner that the
representative or representatives shall not
inherit more than what the person they
Lines where Representation Takes Place represent would inherit, if he were living or
could inherit.
a. Descending Line – representation takes place
in the direct descending line. The law is Kinds of Division of Estate
emphatic – “never in the ascending.”
1. Per Capita – by head or by the number of
b. Collateral Line – representation takes place persons who succeed
only in favor of children of brothers and
sisters – whether full blood or half blood 2. Per Stirpes – succession is by group and
the group will not inherit more than the
• The representative can represent only a shares of the person represented.
relative who is immediately near him in
degree 3. Per Line – succession is in the ascending
• Representation does not go beyond the line between the paternal and maternal
nephews and nieces. lines.
Division of Estate In Case of Representation à The representative does not succeed the
person represented but the one whom the
When representation is proper, there could be a person represented would have succeeded.
combination of classes of heirs namely, those who
inherit in their own right and those who inherit by Article 977. Heirs who repudiate their share
right of representation. may not be represented.

Article 975. When children of one or more A repudiator or renouncer cannot be

brothers or sisters of the deceased survive, represented
they shall inherit from the latter by
representation, if they survive with their uncles à The latter are not actually disinherited under
or aunts. But if they alone survive, they shall the law but are deprived of inheritance due
inherit in equal portions. to the refusal of their predecessor to
receive and transmit his inheritance to them.
Article Covers Succession in the Collateral Line
Reason why the heir of the renouncer cannot
à When nephews and/or nieces concur w/ uncles inherit
and/or aunts, the uncles and/or aunts will inherit
per capita, while the nephews and/or nieces will à Renouncer cannot transmit what he refused
inherit per stirpes. to receive or inherit. He cannot transmit
rights which he does not own.
à But if the nephews and/or nieces survive alone,
they shall inherit per capita or in equal à In these cases, the heirs of the incapacitated
proportion and disinherited can still inherit by right of
representation.
Art. 975 Distinguished from Art. 982
Where does the share of repudiating heir go?
In the direct descending line, when grandchildren
survive alone, they inherit per stirpes. They are Will not go to his children, because the latter are
representative of their parents. not given the right to the surviving co-heirs.

XPN: if the uncles/aunts repudiate the inheritance, Section 2: Order of Intestate

the grandchildren shall inherit in their own right.
Succession
Subsection 1: Descending Direct Line to
Article 976. A person may represent him whose
Subsection: 5: Collateral Relatives
inheritance he has renounced.

Art. 978 to Art. 1014

Renouncer’s right to represent is not lost by his
renunciation.
Article 978. Succession pertains, in the first
place, to the descending direct line. (930)
à Example: A son who repudiated the
inheritance he is supposed to receive from
Article 979. Legitimate children and their
his father, is not precluded from representing
descendants succeed the parents and other
his father in the estate of his grandfather.
ascendants, without distinction as to sex or age,
and even if they should come from different
marriages.
 An adopted child succeeds to the property of Should there be more than one of equal degree
the adopting parents in the same manner as a belonging to the same line they shall divide the
legitimate child. inheritance per capita; should they be of
different lines but of equal degree, one-half shall
Article 980. The children of the deceased shall go to the paternal and the other half to the
always inherit from him in their own right, maternal ascendants. In each line the division
dividing the inheritance in equal shares. shall be made per capita.

Article 981. Should children of the deceased and SUBSECTION 3. Illegitimate Children
descendants of other children who are dead,
survive, the former shall inherit in their own Article 988. In the absence of legitimate
right, and the latter by right of representation. descendants or ascendants, the illegitimate
children shall succeed to the entire estate of
Article 982. The grandchildren and other the deceased.
descendants shall inherit by right of
representation, and if any one of them should Article 989. If, together with illegitimate children,
have died, leaving several heirs, the portion there should survive descendants of another
pertaining to him shall be divided among the illegitimate child who is dead, the former shall
latter in equal portions. succeed in their own right and the latter by
right of representation.
Article 983. If illegitimate children survive with
legitimate children, the shares of the former Article 990. The hereditary rights granted by
shall be in the proportions prescribed by article the two preceding articles to illegitimate
895. children shall be transmitted upon their death to
their descendants, who shall inherit by right of
Article 984. In case of the death of an adopted representation from their deceased
child, leaving no children or descendants, his grandparent.
parents and relatives by consanguinity and not
by adoption, shall be his legal heirs. Article 991. If legitimate ascendants are left, the
illegitimate children shall divide the inheritance
SUBSECTION 2. Ascending Direct Line with them, taking one-half of the estate,
whatever be the number of the ascendants or
Article 985. In default of legitimate children and of the illegitimate children.
descendants of the deceased, his parents and
ascendants shall inherit from him, to the Article 992. An illegitimate child has no right to
exclusion of collateral relatives. inherit ab intestato from the legitimate children
and relatives of his father or mother; nor shall
Article 986. The father and mother, if living, shall such children or relatives inherit in the same
inherit in equal shares. manner from the illegitimate child.

Should one only of them survive, he or she shall Article 993. If an illegitimate child should die
succeed to the entire estate of the child. without issue, either legitimate or illegitimate, his
father or mother shall succeed to his entire
Article 987. In default of the father and mother, estate; and if the child's filiation is duly proved as
the ascendants nearest in degree shall inherit. to both parents, who are both living, they shall
inherit from him share and share alike.
 Article 994. In default of the father or mother, Article 1000. If legitimate ascendants, the
an illegitimate child shall be succeeded by his or surviving spouse, and illegitimate children are
her surviving spouse who shall be entitled to the left, the ascendants shall be entitled to one-half
entire estate. of the inheritance, and the other half shall be
divided between the surviving spouse and the
If the widow or widower should survive with illegitimate children so that such widow or
brothers and sisters, nephews and nieces, she widower shall have one-fourth of the estate,
or he shall inherit one-half of the estate, and the and the illegitimate children the other fourth.
latter the other half.
Article 1001. Should brothers and sisters or
SUBSECTION 4. Surviving Spouse their children survive with the widow or
widower, the latter shall be entitled to one-half
Article 995. In the absence of legitimate of the inheritance and the brothers and sisters
descendants and ascendants, and illegitimate or their children to the other half.
children and their descendants, whether
legitimate or illegitimate, the surviving spouse Article 1002. In case of a legal separation, if the
shall inherit the entire estate, without prejudice surviving spouse gave cause for the separation,
to the rights of brothers and sisters, nephews he or she shall not have any of the rights
and nieces, should there be any, under article granted in the preceding articles.
1001.
SUBSECTION 5. Collateral Relatives
Article 996. If a widow or widower and legitimate
children or descendants are left, the surviving Article 1003. If there are no descendants,
spouse has in the succession the same share as ascendants, illegitimate children, or a surviving
that of each of the children. spouse, the collateral relatives shall succeed to
the entire estate of the deceased in
Article 997. When the widow or widower accordance with the following articles.
survives with legitimate parents or ascendants,
the surviving spouse shall be entitled to one-half Article 1004. Should the only survivors be
of the estate, and the legitimate parents or brothers and sisters of the full blood, they shall
ascendants to the other half. inherit in equal shares.

Article 998. If a widow or widower survives with Article 1005. Should brothers and sisters
illegitimate children, such widow or widower shall survive together with nephews and nieces, who
be entitled to one-half of the inheritance, and are the children of the descendant's brothers
the illegitimate children or their descendants, and sisters of the full blood, the former shall
whether legitimate or illegitimate, to the other inherit per capita, and the latter per stirpes.
half.
Article 1006. Should brother and sisters of the
Article 999. When the widow or widower full blood survive together with brothers and
survives with legitimate children or their sisters of the half blood, the former shall be
descendants and illegitimate children or their entitled to a share double that of the latter.
descendants, whether legitimate or illegitimate,
such widow or widower shall be entitled to the Article 1007. In case brothers and sisters of the
same share as that of a legitimate child. 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 centers, in such municipalities or cities. The
the origin of the property. court shall distribute the estate as the
respective needs of each beneficiary may
Article 1008. Children of brothers and sisters of warrant.
the half blood shall succeed per capita or per
stirpes, in accordance with the rules laid down The court, at the instance of an interested
for brothers and sisters of the full blood. party, or on its own motion, may order the
establishment of a permanent trust, so that only
Article 1009. Should there be neither brothers the income from the property shall be used.
nor sisters nor children of brothers or sisters,
the other collateral relatives shall succeed to Article 1014. If a person legally entitled to the
the estate. estate of the deceased appears and files a
claim thereto with the court within five years
The latter shall succeed without distinction of from the date the property was delivered to
lines or preference among them by reason of the State, such person shall be entitled to the
relationship by the whole blood. possession of the same, or if sold, the
municipality or city shall be accountable to him
Article 1010. The right to inherit ab intestato shall for such part of the proceeds as may not have
not extend beyond the fifth degree of been lawfully spent.
relationship in the collateral line.

SUBSECTION 6. The State

Article 1011. In default of persons entitled to

succeed in accordance with the provisions of
the preceding Sections, the State shall inherit
the whole estate.

Article 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.

Article 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
 CHAPTER 4: PROVISIONS COMMON TO Distinction Between Representation and
TESTATE AND INTESTATE SUCCESSION Accretion

Section 1: Right of Accretion Testamentary Succession

Article 1015. Accretion is a right by virtue of 1. On the legitime

which, when two or more persons are called to
the same inheritance, devise or legacy, the part a. In case of predecease incapacity or
assigned to the one who renounces or cannot disinheritance - representation will operate
receive his share, or who died before the if the heir had children or descendants. If
testator, is added or incorporated to that of his there are no children or descendants, the
co-heirs, co-devisees, or co-legatees. other heirs will inherit the vacant portion in
their own right
Accretion – operates when 2 or more persons b. Repudiation – other heirs will inherit the
who are called to the same inheritance, the part vacant portion in their own right. Accretion
allotted to the one who renounced the inheritance is not applicable in legitime.
or is incapacitated or who predeceased the
testator, is given to his co-heirs 2. On the free portion

Causes of Vacancy a. In case of predecease incapacity or

disinheritance – representation will operate
a. Repudiation if there are children or descendants.
b. Incapacity b. Repudiation – there is always accretion in
c. Predecease favor of the co-heirs.
d. Suspensive condition is not fulfilled
e. Void or ineffective testamentary Article 1016. In order that the right of accretion
disposition may take place in a testamentary succession, it
shall be necessary:
The presumption that the testator prefers to give
the vacated portion to certain persons rather (1) That two or more persons be called to the
than to his legal heirs. same inheritance, or to the same portion
thereof, pro indiviso; and
Elements of Accretion
(2) That one of the persons thus called die
1. Plurality of subjects before the testator, or renounce the
2. Unity of object inheritance, or be incapacitated to receive it.
3. Portion of the inheritance is vacated
4. Acceptance of the vacated portion Accretion in “Testamentary” Succession –
Essential Requisites

1. 2 or more persons are called to the same

inheritance w/o designation of specific parts
(Pro-indiviso)

2. One of them is disqualified to inherit because

he renounced the inheritance, predeceased
the testator or became incapacitated to inherit
3. Vacant portion/s occur in the inheritance. If Article 1018. In legal succession the share of the
there is no vacancy in the inheritance, person who repudiates the inheritance shall
accretion is not applicable. always accrue to his co-heirs.

4. There are no substitutes or representatives. Applicability

There will be no vacant portion/s if there are.
Applies only to intestate/legal succession where
à Accretion in legal succession – elements are there is repudiation; the inheritance of the
the same as legal succession, except element repudiator goes to the co-heirs by accretion
#2 is not included.
Does not apply to testamentary succession – if an
à It presupposed that the heir has survived the heir repudiates because if an heir repudiates his
deceased. inheritance (legitime), the same shall pertain to his
co-heirs not by accretion but in the latter’s own
No accretion when there is representation and right.
substitution
Accretion is preferred over intestacy
Article 1017. The words "one-half for each" or
"in equal shares" or any others which, though Accretion always takes place when there is
designating an aliquot part, do not identify it by repudiation because a repudiating heir cannot be
such description as shall make each heir the represented.
exclusive owner of determinate property, shall
not exclude the right of accretion. No Accretion in Predecease or in Disinheritance.

In case of money or fungible goods, if the share Can there be accretion in incapacity?
of each heir is not earmarked, there shall be a
right of accretion. No.

Accretion applies only if the property has not been If there is incapacity, the heirs of the incapacitated
adjusted to a particular heir. person will inherit by right of representation and
not by accretion.
It is necessary that 2 or more persons are called
to the same inheritance. Can there be a conflict between the right of
representation and right of accretion?
Money or fungible goods.
It depends.
They can be substituted w/ others of the same
nature or such kind such as grain. a) Testate succession

When money or fungible goods are parts of the There can be no conflict between the right
hereditary estate, their accretion is allowable so of representation and the right of accretion
long as they had not been specifically assigned or because the right of representation pertains
allotted. Money is considered a fungible thing. only to the legitime of compulsory heirs.

The right to accretion refers to the

disposable free portion.
b) Intestate succession Article 1021. Among the compulsory heirs the
right of accretion shall take place only when the
There can be a conflict because both rights free portion is left to two or more of them, or
refer to the whole portion rendered vacant to any one of them and to a stranger.
by the predecease or incapacity.
Should the part repudiated be the legitime, the
Article 1019. The heirs to whom the portion goes other co-heirs shall succeed to it in their own
by the right of accretion take it in the same right, and not by the right of accretion.
proportion that they inherit.
Accretion takes place only in the free portion.
Proportional Sharing Rule
No Accretion in legitime in case of repudiation
The heirs will receive the property acquired by
accretion in the same proportion that they inherit Article 1022. In testamentary succession, when
from deceased. the right of accretion does not take place, the
vacant portion of the instituted heirs, if no
Article 1020. The heirs to whom the inheritance substitute has been designated, shall pass to the
accrues shall succeed to all the rights and legal heirs of the testator, who shall receive it
obligations which the heir who renounced or with the same charges and obligations.
could not receive it would have had.
Legal Heirs succeed when Accretion does not
Rights and Obligations supposed to go to the take place in testamentary succession.
Repudiating Heir or Incapacitated Heir will be
Transmitted to Accruing Heirs Representation precludes Accretion.

Similar to the situation of the instituted heirs who Article 1023. Accretion shall also take place
transmit to their substitutes the rights, obligations, among devisees, legatees and usufructuaries
conditions, and charges imposed upon them under the same conditions established for heirs.

XPN: Art. 862 Accretion Among Devisees, Legatees and

Usufructuaries
1. When the contrary has been expressly
provided by the testator – testamentary Accretion is applicable to devisees, legatees and
succession usufructuaries. The following conditions must be
2. When the rights and obligations are present:
personally applicable only to the original
heirs, devisees or legatees. 1. That 2 or more persons are called to the
same devise, legacy or usufruct pro indiviso
2. That of the persons thus called, one died
before the testator, or renounced the
devise, legacy, or usufruct, or was
incapacitated to receive it.
3. That the co-devisee or co-legatee accepted
it.
 Section 2: Capacity to Succeed by Will or by Capacity to succeed, when it should be possessed
Intestacy
Natural person – must be alive at the time of the
Article 1024. Persons not incapacitated by law death of the decedent
may succeed by will or ab intestato.
Artificial Person – must have juridical person at
The provisions relating to incapacity by will are the time of death of the testator.
equally applicable to intestate succession.
Article 41. For civil purposes, the foetus is considered born
if it is alive at the time it is completely delivered from the
Persons referred to – natural persons + artificial mother's womb. However, if the foetus had an intra-
persons uterine life of less than seven months, it is not deemed
born if it dies within twenty-four hours after its complete
delivery from the maternal womb.
It is necessary that the entity has legal existence
or juridical personality Article 1026. A testamentary disposition may be
made to the State, provinces, municipal
Kinds of Incapacity to Succeed corporations, private corporations,
organizations, or associations for religious,
1. Absolute or Per se – absolute; e.g. guilty scientific, cultural, educational, or charitable
spouse to inherit where there is a decree or purposes.
legal separation
All other corporations or entities may succeed
2. Relative or Per Accidens – disqualified only under a will, unless there is a provision to the
with respect to certain persons or property contrary in their charter or the laws of their
or when a person is deprived of capacity creation, and always subject to the same.
because of acts of unworthiness or
immorality Juridical persons can inherit only in testamentary
succession
Presumption is in favor of Capacity to Succeed.
Article 1027. The following are incapable of
Requisites for Capacity to Succeed succeeding:

1. Presence of general civil capacity on the part (1) The priest who heard the confession of the
of the persons who will inherit testator during his last illness, or the minister of
the gospel who extended spiritual aid to him
2. Absence of legal prohibition to succeed during the same period;

Article 1025. In order to be capacitated to (2) The relatives of such priest or minister of
inherit, the heir, devisee or legatee must be the gospel within the fourth degree, the church,
living at the moment the succession opens, order, chapter, community, organization, or
except in case of representation, when it is institution to which such priest or minister may
proper. belong;

A child already conceived at the time of the (3) A guardian with respect to testamentary
death of the decedent is capable of succeeding dispositions given by a ward in his favor before
provided it be born later under the conditions the final accounts of the guardianship have been
prescribed in article 41. approved, even if the testator should die after
the approval thereof; nevertheless, any
 provision made by the ward in favor of the 2. Relatives of the Priest or Minister withing the
guardian when the latter is his ascendant, 4th degree
descendant, brother, sister, or spouse, shall be
valid; Referred to relatives by blood and not by
affinity
(4) Any attesting witness to the execution of a
will, the spouse, parents, or children, or any one 3. Guardians
claiming under such witness, spouse, parents, or
children; May be a guardian of both the person or
property of the ward, or just a guardian of the
(5) Any physician, surgeon, nurse, health officer person or property of the ward.
or druggist who took care of the testator during
his last illness; Guardians are disqualified if the will, w/c
contains dispositions in their favor was made
(6) Individuals, associations and corporations not before the final accounting of the guardianship
permitted by law to inherit. has been approved.

Reason behind disqualification: Those enumerated XPN: Guardian happens to be the testator’s
are persons who could easily exert undue
influence or pressure upon the dying testator a. Ascendant
because of their special relationship b. Descendant
c. Brother or sister
Law declares the enumerated persons as d. Spouse
incapable to succeed.
Reason: undue influence or pressure over the
Will must have been made during the last illness of testator
testator
Relatives of Guardians, Not disqualified
à The disqualification does not apply if the will
was executed before the illness or long HOWEVER, if the relatives are not honest to
after the illness. goodness heirs à Disqualified
à ‘Last illness’ – illness which immediately
preceded the death of the testator and to 4. Attesting Witness
which it has causal connection
To reconcile, Art. 823 should be considered as
1. Priest or Minister of Gospel an exception to the present.

Priest – person who hears confession like a Attesting witness is disqualified to succeed
Catholic priest unless, aside from him, there are 3 or more
witnesses who witnessed the execution of the
Minister of Gospel – religious leaders of other will.
religious sects or denominations
5. Physicians, surgeons, nurses, etc.
When a priest is involved, he must have heard 6. Individual associations and corporation not
the confession of the testator during the permitted by law to inherit
latter’s illness.
 Article 1028. The prohibitions mentioned in
article 739, concerning donations inter vivos Article 1029. Should the testator dispose of the
shall apply to testamentary provisions. whole or part of his property for prayers and
pious works for the benefit of his soul, in general
Article 739. The following donations shall be void: terms and without specifying its application, the
(1) Those made between persons who were guilty of executor, with the court's approval shall deliver
adultery or concubinage at the time of the donation; one-half thereof or its proceeds to the church
(2) Those made between persons found guilty of the or denomination to which the testator may
same criminal offense, in consideration thereof; belong, to be used for such prayers and pious
(3) Those made to a public officer or his wife, works, and the other half to the State, for the
descendants and ascendants, by reason of his office.
purposes mentioned in article 1013. (747a)

Article 1030. Testamentary provisions in favor

Article 1029. Should the testator dispose of the
of the poor in general, without designation of
whole or part of his property for prayers and
particular persons or of any community, shall be
pious works for the benefit of his soul, in general
deemed limited to the poor living in the domicile
terms and without specifying its application, the
of the testator at the time of his death, unless
executor, with the court's approval shall deliver
it should clearly appear that his intention was
one-half thereof or its proceeds to the church
otherwise.
or denomination to which the testator may
belong, to be used for such prayers and pious
The designation of the persons who are to be
works, and the other half to the State, for the
considered as poor and the distribution of the
purposes mentioned in article 1013.
property shall be made by the person appointed
by the testator for the purpose; in default of
Institution of Soul of the Testator
such person, by the executor, and should there
be no executor, by the justice of the peace, the
The whole or part of the testator’s property for
mayor, and the municipal treasurer, who shall
prayers and pious works
decide by a majority of votes all questions that
may arise. In all these cases, the approval of the
à All prayers are pious works but not all pious
Court of First Instance shall be necessary.
works are prayers.
à Article will not apply of the disposition is
The preceding paragraph shall apply when the
only for prayers or pious works alone
testator has disposed of his property in favor of
the poor of a definite locality.
Conditions of the Dispositions

Article 1031. A testamentary provision in favor

à Must be made in general terms and
of a disqualified person, even though made
without any specification of their
under the guise of an onerous contract, or
application,
made through an intermediary, shall be void.

Division of the Estate

Article 1032. The following are incapable of
succeeding by reason of unworthiness:
à Estate shall be divided by the authority of
the appropriate court.
(1) Parents who have abandoned their children
à ½ of the proceeds, if properties are sold
or induced their daughters to lead a corrupt or
– to church or sect
immoral life, or attempted against their virtue;
à ½ - State
 (2) Any person who has been convicted of an 2. Express Condonation – decedent learned
attempt against the life of the testator, his or of the act of unworthiness after making
her spouse, descendants, or ascendants; the will and expressly condoned it in writing

(3) Any person who has accused the testator Mere silence is not condonation
of a crime for which the law prescribes
imprisonment for six years or more, if the à It is not the execution of the will which
accusation has been found groundless; begets the condonation, rather it is the
facts of providing something in the will in
(4) Any heir of full age who, having knowledge of favor of the unworthy heir.
the violent death of the testator, should fail to
report it to an officer of the law within a month, Can pardon be revoked?
unless the authorities have already taken action;
this prohibition shall not apply to cases wherein, It depends
according to law, there is no obligation to make
an accusation; If obtained through fraud, violence, intimidation or
undue influence à YES
(5) Any person convicted of adultery or
concubinage with the spouse of the testator; If willingly and voluntarily made in writing à
operative and irrevocable
(6) Any person who by fraud, violence,
intimidation, or undue influence should cause the Article 1034. In order to judge the capacity of
testator to make a will or to change one already the heir, devisee or legatee, his qualification at
made; the time of the death of the decedent shall be
the criterion.
(7) Any person who by the same means
prevents another from making a will, or from In cases falling under Nos. 2, 3, or 5 of article
revoking one already made, or who supplants, 1032, it shall be necessary to wait until final
conceals, or alters the latter's will; judgment is rendered, and in the case falling
under No. 4, the expiration of the month allowed
(8) Any person who falsifies or forges a for the report.
supposed will of the decedent.
If the institution, devise or legacy should be
Article 1033. The cause of unworthiness shall be conditional, the time of the compliance with the
without effect if the testator had knowledge condition shall also be considered.
thereof at the time he made the will, or if, having
known of them subsequently, he should condone Article 1035. If the person excluded from the
them in writing. inheritance by reason of incapacity should be a
child or descendant of the decedent and should
Causes of unworthiness; Rendered ineffective in have children or descendants, the latter shall
case of condonation acquire his right to the legitime.

1. Implied Condonation – decedent knew of The person so excluded shall not enjoy the
the act of unworthiness at the time of usufruct and administration of the property thus
execution of the will yet he instituted him inherited by his children.
as heir
 Article 1036. Alienations of hereditary property, Repudiation – act of manifesting rejection,
and acts of administration performed by the
excluded heir, before the judicial order of Act of acceptance and repudiation must be
exclusion, are valid as to the third persons who voluntary and free
acted in good faith; but the co-heirs shall have a
right to recover damages from the disqualified Partial acceptance and repudiation now allowed
heir.
Reason for allowing repudiation – an heir cannot
Article 1037. The unworthy heir who is excluded be compelled to accept the generosity of another,
from the succession has a right to demand
indemnity or any expenses incurred in the Condition of Inheritance when heir’s willingness to
preservation of the hereditary property, and to accept is not manifested – the inheritance is in the
enforce such credits as he may have against state of suspension.
the estate.
Article 1042. The effects of the acceptance or
Article 1038. Any person incapable of repudiation shall always retroact to the moment
succession, who, disregarding the prohibition of the death of the decedent.
stated in the preceding articles, entered into
the possession of the hereditary property, shall To avoid any interruption in the continuity of
be obliged to return it together it its accessions. ownership of property and transmissible rights.

He shall be liable for all the fruits and rents he Article 1043. No person may accept or
may have received, or could have received repudiate an inheritance unless he is certain of
through the exercise of due diligence. the death of the person from whom he is to
inherit, and of his right to the inheritance.
Article 1039. Capacity to succeed is governed
by the law of the nation of the decedent. Article 1044. Any person having the free disposal
of his property may accept or repudiate an
Article 1040. The action for a declaration of inheritance.
incapacity and for the recovery of the
inheritance, devise or legacy shall be brought Any inheritance left to minors or incapacitated
within five years from the time the disqualified persons may be accepted by their parents or
person took possession thereof. It may be guardians. Parents or guardians may repudiate
brought by any one who may have an interest in the inheritance left to their wards only by judicial
the succession. authorization.

Section 3: Acceptance and Repudiation of the The right to accept an inheritance left to the
Inheritance poor shall belong to the persons designated by
the testator to determine the beneficiaries and
Article 1041. The acceptance or repudiation of distribute the property, or in their default, to
the inheritance is an act which is purely those mentioned in article 1030.
voluntary and free.
Article 1045. The lawful representatives of
Acceptance – act if the heir in manifesting his corporations, associations, institutions and
willingness to receive the inheritance to which he entities qualified to acquire property may
is being called to succeed accept any inheritance left to the latter, but in
order to repudiate it, the approval of the court (3) If he renounces it for a price in favor of all
shall be necessary. his co-heirs indiscriminately; but if this
renunciation should be gratuitous, and the co-
Article 1046. Public official establishments can heirs in whose favor it is made are those upon
neither accept nor repudiate an inheritance whom the portion renounced should devolve by
without the approval of the government. virtue of accretion, the inheritance shall not be
deemed as accepted.
Article 1047. A married woman of age may
repudiate an inheritance without the consent of Article 1051. The repudiation of an inheritance
her husband. shall be made in a public or authentic instrument,
or by petition presented to the court having
Article 1048. Deaf-mutes who can read and jurisdiction over the testamentary or intestate
write may accept or repudiate the inheritance proceedings.
personally or through an agent. Should they not
be able to read and write, the inheritance shall Article 1052. If the heir repudiates the
be accepted by their guardians. These inheritance to the prejudice of his own
guardians may repudiate the same with judicial creditors, the latter may petition the court to
approval. authorize them to accept it in the name of the
heir.
Article 1049. Acceptance may be express or
tacit. The acceptance shall benefit the creditors only
to an extent sufficient to cover the amount of
An express acceptance must be made in a their credits. The excess, should there be any,
public or private document. shall in no case pertain to the renouncer, but
shall be adjudicated to the persons to whom, in
A tacit acceptance is one resulting from acts accordance with the rules established in this
by which the intention to accept is necessarily Code, it may belong.
implied, or which one would have no right to do
except in the capacity of an heir. Article 1053. If the heir should die without having
accepted or repudiated the inheritance his right
Acts of mere preservation or provisional shall be transmitted to his heirs.
administration do not imply an acceptance of the
inheritance if, through such acts, the title or Article 1054. Should there be several heirs
capacity of an heir has not been assumed. called to the inheritance, some of them may
accept and the others may repudiate it.
Article 1050. An inheritance is deemed
accepted: Article 1055. If a person, who is called to the
same inheritance as an heir by will and ab
(1) If the heirs sells, donates, or assigns his right intestato, repudiates the inheritance in his
to a stranger, or to his co-heirs, or to any of capacity as a testamentary heir, he is
them; understood to have repudiated it in both
capacities.
(2) If the heir renounces the same, even though
gratuitously, for the benefit of one or more of Should he repudiate it as an intestate heir,
his co-heirs; without knowledge of his being a testamentary
heir, he may still accept it in the latter capacity.
Article 1056. The acceptance or repudiation of
an inheritance, once made, is irrevocable, and
cannot be impugned, except when it was made
through any of the causes that vitiate consent,
or when an unknown will appears.

Article 1057. Within thirty days after the court

has issued an order for the distribution of the
estate in accordance with the Rules of Court,
the heirs, devisees and legatees shall signify to
the court having jurisdiction whether they
accept or repudiate the inheritance.

If they do not do so within that time, they are

deemed to have accepted the inheritance.