SUCCESSION

Part 1

Relation Between Succession and Death

*In succession- the inheritance is transmitted by reason of the death of the decedent.
-the rights to the succession are transmitted from the moment of the death of the
decedent.

-the moment of death is the determining point when an heir acquires a definite right to
the inheritance.

Kinds of Death that will give rise to the opening of succession

1. Natural (Physical demise) Death – body is not present
2. Presumptive Death – judicial declaration is NOT required and courts are without
authority to issue the same.

Ordinary absence:
● If a person has been absent – it being unknown whether or not he still lives, he shall be
presumed dead for purposes of opening his succession after an absence of 10 years.

● Disappeared after the age of 75 years – absence of 5 years shall be sufficient in order
that his succession may be opened.

If there has been no news about the Period must be computed from the fate of
absentee such disappearance

If there has been news Time referred to by the news or the time
when the news was sent

Qualified absence:
a) Person on a board a vessel lost during a sea voyage, or on aeroplane which is missing,
who has not been heard of for 4 years;
b) Person in the armed forces who has taken part in war, and has been missing for 4 years;
c) Person who has been in danger of death under other circumstances and his existence
has not been known for 4 years.
Q: If a group of fishermen boat sunk. Kailan yan natural death? Kailan yan presumptive?
A:
Natural Death- if the bodies of the fishermen where found
Presumptive Death- within 4 years and the bodies were not yet found.
*Person on a board a vessel lost during a sea voyage, or on aeroplane which is missing,
who has not been heard of for 4 years;

Q: For purposes of opening succession. How long is the period of absence?

A:
● If a person has been absent – it being unknown whether or not he still lives, he shall be
presumed dead for purposes of opening his succession after an absence of 10 years.

Kinds of Absence
1. Ordinary absence
- If a person has been absent – it being unknown whether or not he still lives

● If a person has been absent – it being unknown whether or not he still lives, he
shall be presumed dead for purposes of opening his succession after an absence
of 10 years.
●
● Disappeared after the age of 75 years – absence of 5 years shall be sufficient in
order that his succession may be opened.

● Exactly 75 years – 10 years

● After the age of 75 years - 5 years

2. Qualified absence – 4 years

a. Person on a board a vessel lost during a sea voyage, or on aeroplane which is
missing, who has not been heard of for 4 years;
b. Person in the armed forces who has taken part in war, and has been missing for
4 years;
c. Person who has been in danger of death under other circumstances and his
existence has not been known for 4 years.

Ordinary absence Qualified absence

No circumstances that would endanger the There are circumstance

life of a person
Q: When we talked of the presumption of death what are the applicable laws and what are
those applicable laws.
A:
Article 391 of the Civil Code - Qualified absence
Article 391. The following shall be presumed dead for all purposes, including the division of the
estate among the heirs:

(1) A person on board a vessel lost during a sea voyage, or an aeroplane which is
missing, who has not been heard of for four years since the loss of the vessel
or aeroplane;

(2) A person in the armed forces who has taken part in war, and has been
missing for four years;

(3) A person who has been in danger of death under other circumstances and his
existence has not been known for four years.

Article 390 of the Civil Code – Ordinary Absence

Article 390.
After an absence of seven years, it being unknown whether or not the absentee still
lives, he shall be presumed dead for all purposes, except for those of succession.

The absentee shall not be presumed dead for the purpose of opening his succession till
after an absence of ten years. If he disappeared after the age of seventy-five years, an absence
of five years shall be sufficient in order that his succession may be opened.

Article 41 of the Family Code- Purposes of Remarriage

A marriage contracted by any person during subsistence of a previous marriage shall be
null and void, unless before the celebration of the subsequent marriage, the prior spouse had
been absent for four consecutive years and the spouse present has a well-founded belief that
the absent spouse was already dead. In case of disappearance where there is danger of death
under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence
of only two years shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding paragraph
the spouse present must institute a summary proceeding as provided in this Code for the
declaration of presumptive death of the absentee, without prejudice to the effect of
reappearance of the absent spouse.
Presumption of Death Purposes
Article 41 of the Family Code Remarriage

*requires judicial declaration of presumptive

death of the absentee

Article 390 & 391 of the Civil Code Other purposes other than remarriage
● Opening of succession
● Insurance Benefits

*In case of presumptive death for purposes

of opening the succession
-No need for judicial declaration of
presumptive death of the absentee

Presumption of Death Opening Succession

*Ordinary absence
● Exactly 75 years – 10 years
● After the age of 75 years - 5 years

Q: In such situation (ordinary absence) when is death deemed taken place in case of ordinary
absence?
A: When the period for the presumptive death has already prescribed. After 10 years. After 5
years

Q: How about in qualified absence, kalian yung opening of succession

A: Lapse of 4 years

Q: When is death deemed taken place in case of qualified absence?

A: time of disappearance
Q: During the lifetime of the decedent what is the nature of the interest of a would be
successor?
A: Inchoate ONLY. Succession takes effect only at the time of death.

Q: Can he validly enter contract with respect to the future inheritance?

A:
Article 1347 Civil Code
Article 1347.
All things which are not outside the commerce of men, including future things, may be
the object of a contract. All rights which are not intransmissible may also be the object of
contracts.

No contract may be entered into upon future inheritance except in cases expressly
authorized by law.

All services which are not contrary to law, morals, good customs, public order or public
policy may likewise be the object of a contract.

Exceptions to Article 1347:

1. Partition inter vivos pursuant to Article 1080 of the CC

Article 1080. Should a person make partition of his estate by an act inter vivos,
or by will, such partition shall be respected, insofar as it does not prejudice the
legitime of the compulsory heirs.

A parent who, in the interest of his or her family, desires to keep any agricultural,
industrial, or manufacturing enterprise intact, may avail himself of the right
granted him in this article, by ordering that the legitime of the other children to
whom the property is not assigned, be paid in cash.

Q: Are successional rights immediately acquired by the successor upon the death of the
decedent?
A:
*Article 777 operates at the very moment of the decedent’s death, meaning that the
transmission by succession occurs at the precise moment of death and, therefore, at the
precise time, the heir is already legally deemed to have acquired ownership of his/her share in
the inheritance, and not at the time of declaration of heirs, or partition, or distribution.
Three important period in succession
1. Period of opening of the succession
– Death of the decedent

2. Period of availability of inheritance (available for acceptance)

3. Period of the acceptance of the inheritance – accepted or repudiated

Q: Kailan magiging available for acceptance?

A:
Ordinarily the inheritance becomes AVAILABLE at the same time of the opening of succession.
*Opening of succession & availability of inheritance = ordinarily magkasabay

Q: Kailan hindi magkasabay? Succession is already open but not yet available for acceptance.
A:
1. Testator’s will where the testator can validly imposed a condition. If the inheritance if
purely dependent on the testator’s will. That condition may is called suspensive
condition.
*Acquisition is dependent upon the condition.

2. If at the time of the death of the decedent the heir is still at the mother’s womb
*Available na ba yung inheritance for acceptance? Wala pa kasi nasa womb pa.
*Article 1025 paragraph 2

Article 1025. In order to be capacitated to inherit, the heir, devisee or legatee

must be living at the moment the succession opens, except in case of
representation, when it is proper.

A child already conceived at the time of the death of the decedent is capable of
succeeding provided it be born later under the conditions prescribed in article
41.

*In this case kailan pwedeng gawin ang acceptance. When may be made available
(acceptance)? Sabi ng batas meron na sya capacity to succeed.
A:
 Conditions prescribed in Article 41 is already complied. That is the time that the
inheritance be made available for acceptance.

Q: Kung merong tatlong period, bakit sinasabi ng batas (Art 777) and jurisprudence na
“immediately acquired upon death/from the moment of death”?
A:
*Article 777 operates at the very moment of the decedent’s death, meaning that the
transmission by succession occurs at the precise moment of death and, therefore, at the
precise time, the heir is already legally deemed to have acquired ownership of his/her share in
the inheritance, and not at the time of declaration of heirs, or partition, or distribution.

*Acceptance or the repudiated- will retroact to the moment of death.

*Kahit meron tayong period of suspension kahit wala pang acceptance actually suspended ang
transmission kung wala pang acceptance. Pero kapag may acceptance na it will retroact from
the moment of death.

Q: What is the only exception from the statement “immediately acquired upon death/from
the moment of death”?
A: If the testamentary disposition is subject to suspensive condition. Yun lang ang exception.

Suspensive Condition:
1. Death of the decedent
2. Fulfillment of the condition

Q: Magkakaroon pa tayo ng interruption between the end of the decedent’s ownership and
the start of the heir-legatee-devisee’s ownership?
A: No interruption
*It is immaterial whether a short or long period of time elapses between the death of the
predecessor and the entry in the possession of the properties of the inheritance, because the
right is always deemed to retroact to the moment of death.

Legatee- specified property

Voluntary heirs- not specific
Q: Immediately upon the decedent’s death, pwede na magbenta ng successional right ang
isang heir?
A: Yes.
At the precise moment of death, the heirs become owners of the estate pro indivisio. They
become absolute owners of the undivided aliquot share but with respect to the individual
properties of the estate, they become co-owners.
-this co-ownership remains until partition and distribution. The co-owners, being owners
of their respective aliquot or undivided shares in the subject property, can validly and legally
dispose of their shares even without the consent of all the other co-heirs.

Effect of alienation or the mortgage: limited to the partition which may be allotted to him in
the division upon the termination of the co-ownership.

Q: Kapag binenta nya ang successional right, ibig sabihin tinanggap na niya ang inheritance
nya?
A: Implied acceptance of the inheritance.

Q: Pwede na bang magbenta even prior to the partition of the estate?

A: Yes, the undivided aliquot share.

Q: Specific property of the estate pwede ba yun?

A: No. Only the undivided aliquot share of the seller.

Q: Bakit ideal share kahit ang binenta actually is not his ideal share but a specific property of
the estate?

Q: Co-owner sold not the ideal share but a specific portion of the co-owned property. Hindi
declared the void kahit wala syang karapatang magbenta ng specific property prior to
partition kasi hindi nya pa alam san papatak yung ideal share nya sa co-owned property.
Hindi ito void. But the transaction is not treated as a sale of specific or determinate portion.
Instead, the sale is considered as sale of what he can actually sell (ideal share). Bakit ganun?
What is the reason behind it?
A:
Rule in interpreting contract:
*validity of a sale can be interpreted in two ways:
1. Make the sale void
2. Make the sale valid
*Iwasan ang interpretation na it would make the contract void
PRINCIPLE: *If there is a LEGAL way of sustaining the validity of the transaction we should
choose that legal way of sustaining the validity rather than declaring the transaction as void.

*Considering the transaction not as a sale of a specific property but a sale is considered as sale
of what he can actually sell (ideal share). Para hindi madeclare the void. Meron bas yang
pwedeng ibenta na hindi kailangan ng consent ng co-owner nya? Meron, Article 493

Article 493. Each co-owner shall have the full ownership of his part and of the fruits and
benefits pertaining thereto, and he may therefore alienate, assign or mortgage it, and
even substitute another person in its enjoyment, except when personal rights are
involved. But the effect of the alienation or the mortgage, with respect to the co-
owners, shall be limited to the portion which may be allotted to him in the division upon
the termination of the co-ownership.

TAXES

Q: When will the right of the state to collect taxes, when will that accrue?
A: accrues at the moment of death, notwithstanding the postponement of the actual
possession and enjoyment of the estate by the heir, and the tax is based on the value of the
property at that time regardless of any subsequent appreciation or depreciation.

Article 42. Civil personality is extinguished by death.

The effect of death upon the rights and obligations of the deceased is determined by
law, by contract and by will.

*Right of ownership – consequence of a person’s civil personality. Pag namatay ka hindi na ikaw
ang owner ng property mo.

Q: Will there be an interruption of possession of those properties? Pwede ba magkaroon ng

period of interruption of possession?
Example: Yung namatay meron syang lupa na sinasaka. Tapos meron syang 2 anak. Yung
panganay (A) nya ang occupant (nagsasaka). Yung bunso (B) is not the occupant of the
property. Nagaaral sa manila. Upon the father’s death ang actual occupant ay yung panganay.

Tumagal ang 1 year period sa settlement ng estate ng deceased. After 1 year period yung
panganay meron syang sama ng loob tas nagrepudiate. Yung B accepted the inheritance.

Magkakaroon ba tayo ng interruption of possession?

A: None- CONTINUOUS POSSESSION
 Article 533.
The possession of hereditary property is deemed transmitted to the heir
without interruption and from the moment of the death of the decedent, in
case the inheritance is accepted.

One who validly renounces an inheritance is deemed never to have

possessed the same.

*Repudiation – retroacts padin from the moment of death

*Yung tumanggap- deemed to be the possessor from the moment of death.

SUCCESSION AND INHERITANCE

Succession Inheritance

Mode by which the inheritance is transmitted Universality of all the property, right and
to the successor. obligation of a deceased person which is
transmitted to the successor

*Left after payment of monetary debts,

funeral expenses, illness expenses, taxes

Concept of Inheritance includes:

1. All the property of the decedent existing at the time of his death;
2. All of his transmissible rights and obligations which are existing at the time of his death.

Q: In property you may have learned the word property is not limited to tangible objects. The
word property will also include rights and obligations. Since rights and obligations are also
property, why is it in defining the concept of inheritance hiniwalay pa yung rights and
obligations from property. What is the reason?
A:

Property
Rights & obligations in Article 784 & 786- Yung salitang property hindi kasama yung right and
obligations. What are those properties that are being referred to?

Property (inheritance) – tangible

Kasama sa inheritance yung mga intangible such as rights and obligations.
*Clarification of law that inheritance is not limited to properties and rights. It also include
obligations
*Obligations are also transmitted to the heirs.

Article 784. The making of a will is a strictly personal act; it cannot be left in whole or in part to
the discretion of a third person, or accomplished through the instrumentality of an agent or
attorney.

Article 786. The testator may entrust to a third person the distribution of specific property or
sums of money that he may leave in general to specified classes or causes, and also the
designation of the persons, institutions or establishments to which such property or sums are
to be given or applied.

Q: Ano yung mga obligations that are considered as part of inheritance transmitted to the
heirs? ANo yung hindi kasama?
A:

Not transmissible to the heirs – extinguished Transmissible

by death

Purely personal rights Patrimonial rights

Contract intuit personae Except:
● Usufruct
● Personal servitude

Rights of obligations whether contractual or

otherwise

Funeral Expenses
Expenses from the last illness

Q: Will the death of the naked owner, terminate the right of the usufruct?
Q: Conbucar you are the naked owner, Balan is your usufructuary. Kapag namatay si
Conbucar, mamanahin ng anak ni Conbucar yung property. Kapag minana ng anak ni
Conbucar yung property hindi na yan subjected sa usufruct? Will the usufruct be terminated
upon the death of the naked owner?
A:

No, it will not be extinguished by the death of the naked owner. What will be extinguished the
usufruct is the death of the usufructuary.

Atty: Yung obligation of the naked owner that is transmissible by death in usufruct that can be
inherited by his heirs, so long as the usufruct is not yet terminated. And the usufruct is not
terminated by the death of the naked owner.

Q: Will the right of the usufructury to enjoy the property will that be inherited by his heir
upon the dead of the usufructury?
A: No.

Atty: It is the right of the usufructuary that is extinguished by the death of the usufructuary.
Yung right niya is not transmissible to his heirs. Because ang usufruct is intended lifetime grant
in favor of the usufructuary that it is ordinarily terminated upon the death of the usufructuary.
Not terminated ordinary unless expressly provided for in the contract by the death of the naked
owner.

*Contract intuitu personae

-strictly personal
-part of the decedent who is the debtor.
-obligation that is strictly personal to the debtor because of the personal qualifications
and circumstances of the debtor.

Q: Bakit strictly personal sa part of the decedent who is the debtor? Example?
A: A piece of artwork (Contract for a piece of work)
Q: Obligation of lessor or lessee is that extinguished by death?
A: Ordinarily, transmissible to the heirs. Part of the inheritance

Q: Kailan magiging hindi?

A: If stipulated by the parties that the rights and obligations are not transmissible.

Q: How about Contract of guaranty or suretyship?

A:
Estate of Hemady vs. Luzon Surety Co.
Contain no provision that the guaranty is extinguished upon the death of the guarantor or the
surety.

Generally, transmissible
Obligation s of the guarantor is not personal unless made intransmissible by the stipulation of
the parties.

Q: What is during the lifetime of the decedent, he already sold the property except that he
was not able to deliver the title (TCT). Meron ng deed of sale and delivered the property to
the buyer. Upon the death of the seller, will that property still form part of the inheritance?
A: Property no longer included in the inheritance.

Q: In relation to that, ano ang kasama sa inheritance? Meron bang ksama sa inheritance?
A: Obligation to deliver the title by the heirs that will form part of the inheritance. But the
property itself hindi na kasama sa inheritance.

SUCCESSORS
-heirs
-devisee
-legatee

Heirs Legatee/devisee
Devisee- Real Property
 Legatee- Personal Property

Succeed to the whole estate/aliquot portion Individualized items of property

Absolute owners of the undivided aliquot Bequeathed specific properties – do not

share require joint adjudication
Individual properties- coowner

Annulled in its entirety in case of preterition Remain valid insofar as the legitimes not
impaired.

*Heirs
1. Voluntary heirs
–called upon to succeed only by express will of the testator to the portion of the
estate which the testator can freely dispose of

2. Compulsory heirs
-called upon to succeed by operation of law to a portion of the estate known as
legitime of which they cannot de deprived by the testator except by way of a
valid disinheritance;

3. Legal or intestate heirs

-called upon to succeed by operation of law in case the decedent dies without a
valid will or to some portion of the estate not disposed of by will

Order of Priority (Hierarchy)

1. Compulsory heirs- whether a will or without will una parin. Necessarily a legal heir. They
cannot be deprived of their legitime.
*Spouses
*Illegitimate child

2. Voluntary heirs & Legatee/Devisee

*testamentary succession is favored than intestacy

3. Legal or intestate heirs

Kinds of Succession
1. Testamentary
2. Legal or intestate
3. Mixed
4. Compulsory

Testamentary Succession
-results from the designation of an heir, made in a will executed in the form prescribed
by law
-will – disposes of the estate
*Testator – left a will
*Decedent/Intestate- no will

Q: What is the limitatation of the testator?

*Article 842
Article 842. One who has no compulsory heirs may dispose by will of all his estate or
any part of it in favor of any person having capacity to succeed.

One who has compulsory heirs may dispose of his estate provided he does not
contravene the provisions of this Code with regard to the legitime of said heirs.

Q: Article 842 paragraph 2

-yung testamentary succession ay mahahati sa dalawa. Ano yun?
A:
1. Succession with respect to the legitime – COMPULSORY SUCCESSION
2. Succession with respect to the disposable free portion – VOLUNTARY SUCCESSION

Q: What is a compulsory succession?

A: Which takes place by operation of law with respect to the legitime in favor of compulsory
heirs.

Q: Yang portion na yan, is there a need on the part of the testator to institute the compulsory
heir to their legitime? Kailangan pa ba yun?
A: No need to institute the compulsory heir to their legitime because already provided for by
law. Hindi na kailangan ulitin yan ng testator. Superfluity na kapag ginawa ng testator pero
pwede parin naman nyang gawin. (Compulsory Succession)
NOTE: Ang testamentary it consist of succession with respect to the legitime and with respect
to the free portion kung merong compulsory heirs.

Q: Meron bang definition and legal or intestate succession sa Civil Code?

A: Wala. The law only provides for situation where it can take place.
-without a will or with a void will, or one which has subsequently lost its validity
-Legal (succession is pursuant to the provision of law)
-Intestate (without a will)

Q: Mixed Succession
A: Partly by will and partly by operation of law
It may take place in the ff scenario:
1. If the testator did not dispose the entire estate

Laws Governing Succession

ISSUE Law

Order of Succession – to whom his property National law of the decedent

go by reason of his death, who is entitled to
it.
Sino ang mga tagapagmana?

Tagapagmana ba ang legitimate child o hindi?

Amount of successional rights – National law of the decedent

How much shall be entitlement of those
person by reason of death and upon the
death of the testator?

Amount of successional rights and order or

succession- pasok yang issue nayan pag
National law of the decedent (law of
pinagusapan ang legitime
Thailand)

Is there any portion of his estate na legitime?

*Reservation under the law and there is a
certain amount

Yung estate nya ba may legitime?

May compulsory heirs ba?

Example: Namatay ay thai tapos may anak

sya sa PH. Whether a legitimate child is
entitled to a legitime? Ano gagamitin na
batas?

Capacity to succeed

Whether or not capacitated ba sya or hindi?

Intrinsic validity of the will National law of the decedent – intrinsic

validity of the will. There are provisions of
Preterition
the will that will become invalid- it touches
on the intrinsic validity of the testamentary
provisions
Pano kung ang issue ay Pwede mo bang National law of the decedent-involves
pamanahan ang kabit mo? intrinsic validity of testamentary provisions

Disposition captatoria (sa PH void)

Disposicion captatoria is any disposition made upon the condition that the heir shall make
some provision in his will in favor of the testator or any other person shall be void.

Article 875. Any disposition made upon the condition that the heir shall make some provision in
his will in favor of the testator or of any other person shall be void.
***