II.

LEGAL OR INTESTATE SUCCESSION
Definition, ARTICLE 960

That which is effected by operation of law in the absence or default of a
will.
CAUSES OF INTESTACY ARTICLE 960; MEMORIZE
1. If a person dies without a will, or with a void will, or one which has
subsequently lost its validity; for void will, a declaration of the nullity of
will must be obtained first before an intestate heir can inherit.
2. Absence of an institution of heir;
3. Partial institution of heir. In such case, intestacy takes place as to the
undisposed portion (mixed succession);
4. Non-fulfillment of suspensive condition attached to the institution of heir;
suspensive condition suspends right and obligations until the uncertain
future event occurs.
5. Predecease of the instituted heir; no intestacy if there is subs or accretion
6. Repudiation by the instituted heir; no intestacy if there is subs or accretion
7. Incapacity of instituted heir;
8. Preterition. Intestacy may be total or partial depending on whether or not
there are legacies/devises;
9. Fulfillment of resolutory condition; fulfillment of the oblig ends the
existence of the rights and obligs.
10. Expiration of term or period of institution;
11. Non-compliance or impossibility of compliance with the will.
NOTE: In all cases where there has been an institution of heir, follow the
I.S.R.A.I. order of Justice Paras. If the Institution fails, Substitution occurs. If
there is no substitute, the right of Representation applies in the direct
descending line to the legitime if the vacancy is caused by predecease,
incapacity, or disinheritance. The right of Accretion applies to the free portion
when the requisites in Art. 1016 are present. If there is no substitute, and the
right of Representation or Accretion does not apply, the rules on Intestate
succession shall take over.
ARTILCE 961
Order of Inheritance in default of Testamentary Heirs
1. Legitimate or illegitimate relatives of the decedent;
2. Surviving spouse; and
3. The State
ARTICLE 962
2 Basic Principles of Intestate Sux
1. Nearer relative excludes farther relative
2. In general, inheritance is in equal shares
Ofelia Hernando Bagunu v. Pastora Piedad
G.R. No. 140975. December 8, 2000

FACTS:
Augusto H. Piedad died without any direct descendants or ascendants.
Respondent is the maternal aunt of the decedent, a third-degree relative of the
decedent, while petitioner is the daughter of a first cousin of the deceased, or
a fifth-degree relative of the decedent. Ofelia Hernando Bagunu moved to
intervene in the settlement of the estate of Piedad.
ISSUE:
Whether intervenor-appellant as a collateral relative within the fifth civil
degree, has legal interest in the intestate proceeding which would justify her
intervention.
RULING:
No. By right of representation, a more distant blood relative of a decedent is,
by operation of law, “raised to the same place and degree” of relationship as
that of a closer blood relative of the same decedent. The representative
thereby steps into the shoes of the person he represents and succeeds, not
from the latter, but from the person to whose estate the person represented
would have succeeded. In the direct line, right of representation is proper only
in the descending, never in the ascending, line. In the collateral line, the right
of representation may only take place in favor of the children of brothers or
sisters of the decedent when such children survive with their uncles or aunts.
The right of representation does not apply to “other collateral relatives within
the fifth civil degree” (to which group both petitioner and respondent belong)
who are sixth in the order of preference following, firstly, the legitimate
children and descendants, secondly, the legitimate parents and ascendants,
thirdly, the illegitimate children and descendants, fourthly, the surviving
spouse, and fifthly, the brothers and sisters/nephews and nieces, of the
decedent. Among collateral relatives, except only in the case of nephews and
nieces of the decedent concurring with their uncles or aunts, the rule of
proximity, expressed in Article 962, aforequoted, of the Code, is an absolute
rule.
A. RULES
1. Rule of Preference between lines ARTICLE 962

Those in the direct descending line shall exclude those in the direct
ascending and collateral lines, and those in the direct ascending line
shall, in turn, exclude those in the collateral line.
2. Rule of Proximity ARTICLE 962

The relative nearest in degree excludes the more distant ones, saving
the right of representation when it properly takes place.

This rule is subject to the rule of preference between lines.
3. Rule of Equal Division ARTICLE 962

Relatives in the same degree shall inherit in equal shares.
 EXCEPTIONS:
a) Division in the ascending line (between paternal and maternal
grandparents);

b) Division among brothers and sisters, some of whom are of the full and
others of half blood; and
c) Division In cases where the right of representation takes place.
NOTE: This rule is subject to the rule of preference between lines.
SUX final | 1

RIGHT OF REPRESENATION C. SUX final | 2 . Full blood: same father and mother. all those within the group inheriting in equal shares. Predecease. o Property received by the adopted from the adopter gratuitously shall revert back to the estate of the adopter. The illegitimate family cannot inherit by intestate succession from the legitimate family and vice-versa. If one of the cousins is incapacitated or repudiates. A line may be direct or collateral. Incapacity. the legal filiation is personal and exists only between the adopter and the adopted. the full blood shall take a portion in the inheritance double that of the half-blood. 189 and 190 of the Family Code ARTICLE 968 Accretion in the Intestate Sux  Example: A decedent leaves 3 1 st cousins and an estate of P300. survive. A series of degrees forms a line. In adoption. The adopted is deemed a legitimate child of the adopter (AP). the latter has the rights same of an acknowledged natural child. who will each get P150. Each generation forms a degree.  An adopted child cannot represent neither may be represented. by virtue of which the representative is raised to the place and degree of the person represented.4. the P100.  The representative is called to sux by law.  In collateral line. ARTICLE 972  The right of representation takes place in the direct ascending line. ARTICLE 973  The representative must be capacitated to inherit. RIGHT OF REPRESENTATION (RR) ARTICLES 970-977  A right created by fiction of law. those of the following degree shall inherit in their own right and cannot represent the persons or persons repudiating the inheritance. Disinheritance. The representative is called to the succession by the law not by the person represented. Rule of Double Share for full blood collaterals  When full and half-blood brothers or sisters. nephews or nieces. but still remains as an intestate heir of his natural parents and other blood relatives. only in favor of the children of the siblings. Each therefore gets P100. o If survived by ascendants and adopted. NOTE: In case of a disposition made in general terms under Article 959. Rule of Barrier between the legitimate family and the illegitimate family  2. only the Rule of Proximity applies. 964 6. He succeeds the one whom the person represented would have succeeded. A collateral line is that constituted by the series of degrees among persons who are not ascendants or descendants. o Adopted leave no property. ARTICLE 969 Effect of Repudiation  If the nearest relative or all of the nearest relatives repudiates. and 3. 2.000 by right of accretion.000. A direct line is that constituted by the series of degrees among ascendants and descendants (ascending and descending). RELATIONSHIP ARTICLES 963-969 1. 964 5. 963 3. meaning nephews and nieces (full or half).000 in his own right and P50. ARTICLE 971  The representative succeed from the decedent and not from the person represented. ARTICLE 974 Inheritance Per Stirpes  Meaning inheritance by group. and acquires the rights which the latter would have if he were living or if he could have inherited. survived by a spouse or illegitimate issue shall receive ¼ of such property. half-blood: only one of either parent is the same. RELATIONSHIP B. For 1 & 2  both testate and intestate sux For 3  only in testate sux  Adopted person is a legal heir of the adopter. 967 7.000 which should have gone to him will accrue to the other two.  Filiation exist only between the adopter and the adopted. ARTICLE 970 Right of Representation exists in cases of: 1. but who come from a common ancestor. Number of generations determines proximity.  2 ways of inheriting: o Per stirpes or per capita o By representation or by one’s own right ARTICLE 975 Inheritance by Nephews and Nieces  Shall inherit by representation. never in the ascending line.000. 963 2. 964 4.

and SS 2. d) When illegitimate children represent their illegitimate parents who already died in the estate of their grandparents.) 1/2 ½ SUX final | 3 . ORDER OF INTESTATE SUCCESSION D. ICD and SS 4. never in the ascending. NOTES:  In the direct line. INTESTATE OR LEGAL HEIRS  Those who are called by law to the succession either in the absence of a will or of qualified heirs. Other collateral relatives within the 5th degree (C5) 7. State IRREGULAR ORDER OF INTESTATE SUCCESSION (Decedent illegitimate person): 1. Intestate Succession a) When a legal heir in the direct descending line had predeceased the decedent and was survived by his children or descendants. Legitimate children or descendants (LCD) 2. Illegitimate children or descendants (ICD) 3. State (alone) TABLE OF INTESTATE SHARES SURVIVOR INTESTATE SHARE Any class Entire estate alone 1 LC 1/2 SS 1/2 (Diongson vs. to the DIRECT DESCENDING LINE. and who are deemed called based on the presumed will of the decedent. REGULAR ORDER OF INTESTATE SUCCESSION (Decedent is a legitimate person): 1. SS and IP 5. ICD. If SURVIVING ALONE. ICD. c) When brothers or sisters had predeceased the decedent and they had children or descendants. Cinco. to the exclusion of brothers and sisters. Legitimate children or descendants (LCD) 2. e) When nephews and nieces inherit together with their uncles and aunts in representation of their deceased parents who are the brothers or sisters of said uncles and aunts. ARTICLE 976 and 977 A Renouncer may represent (976) but may not be represented (977). representation takes place only in favor of the children of brothers or sisters (nephews and nieces). 74 SCRA 118) 2 or more LC Consider SS as 1 LC.  In the collateral line. C5 (alone) 7. d) A legatee/devisee who died after the death of the testator may be represented by his heirs. b) When a legal heir in the direct descending line is excluded from the inheritance due to incapacity or unworthiness and he has children or descendants. nephews and nieces (BS/NN) 6. representation takes place ad infinitum in the direct descending line. Apply concurrence theory. in the first place. and only if they concur with at least 1 uncle or aunt. Illegitimate children or descendants (ICD) 4. Brothers and sisters. DESCENDING DIRECT LINE ARTICLE 978 Sux pertains. whether of the full or half-blood. LPA. SS then divide estate by total number. Surviving spouse (SS) 5. representation covers only the legitime. State ORDER OF CONCURRENCE 1. 1. BS/NN and SS 6. nephews and nieces (BS/NN) 6. Legitimate parents or ascendants (LPA) 3. Brothers and sisters. 2. b) When a compulsory heir in the direct descending line is excluded from the inheritance due to incapacity or unworthiness and he has children or descendants. Surviving spouse (SS) 5. that is per cappita and in their own right. LPA 1/2 SS 1/2 LPA 1/2 SS 1/4 IC 1/4 IP SS SS BS/NN is an 1/2 1/2 (The law is silent. LCD. c) When a compulsory heir in the direct descending line is disinherited and he has children or descendants. and SS 3. Testamentary Succession a) When a compulsory heir in the direct descending line had predeceased the testator and was survived by his children or descendants. they inherit in equal portions. Illegitimate parents (IP) 4.

LPA/IP ½ AP ½ 2. whose parents by nature shall inherit from him. satisfy legitimes. Right of Representation (RR) in the collateral line occurs only in intestate succession. The intestate shares are either equal to or greater than the legitime. not the exclusion theory. (180 FC)  The fx of legitimation of children who died before the celebration of the marriage shall benefit their desecendants. (342)  The presence of adopted children excludes a sister if the deceased from the inheritance. (178 and 179 of FC)  The fx of legitimation shall RETROACT to the time of child’s birth. never in testamentary succession because a voluntary heir cannot be represented (collateral relatives are not CH). and by an adopted person. RR: when they concur with aunts and uncles (provided that RR is proper) b. EXCEPTION: Whenever all the children repudiate. 5. Nephews and nieces inherit either by RR or in their Own Right (OR). the Compulsory Heirs (CH) are never excluded. (343)  The adoption shall make the adopted person a legal heir of the adopter. 7. Even if there is an order of intestate succession. 2 or more LC First. Estate would be insufficient. LPA AP SS ICD ½ ½ ½ 1/3 1/3 1/3 CARDINAL PRINCIPLES OF INTESTATE SUCCESSION (Justice Paras) 1. Reduction must be made according to the rules on legitimes. 3. there is no right of representation but the grandchildren will inherit in their own right. ICD of legitimates cannot represent because of the barrier. said sister canoot even successfully file a petition for letters of admin. OR: when they do not concur with aunts and uncles. This is more so if the surviving spouse and the adopted children object to such grant. LPA/IP AP SS ½ 3. provided representation is proper. The legitimes of LCD and SS shall always be first satisfied in preference to the ICD. GENERAL RULE: Grandchildren always inherit by RR. A renouncer can represent. the adopted child has the SAME share as one legit child. the grandchildren inherit in their own right because RR would not be proper.1 LC SS IC First. a. Distribute such excess in the proportion 1:2:2. (341)  The adopter shall not be a legal heir of the adopted person. 6. but both the ICD and LCD of illegitimates can. 9. satisfy legitimes. (181 FC) Rules for Adopted Child  As long as there are legit children or descendants. the latter shall not have more sux rights than an acknowledged natural child. (Saguinsin v Lindayag et al) ARTICLE 980 Inheritance by Children  Inherit in their own right  Inherit in equal shares ARTICLE 981 Inheritance by Children concurring with Grandchildren  Children inherit in their own right  Grandchildren inherit by right of representation  Applies also to cases of incapacity ARTICLE 982 Inheritance by Grandchildren  Shall inherit by right of representation  Inherit in equal portions  When all children repudiates. There can be reserva troncal in intestate succession. 8. LPA AP ICD 4. (969) SUX final | 4 . but cannot be represented. The Civil Code follows the concurrence theory.  If the adopter is survived by legit parents or ascendants. hence. 4. ARTICLE 979 Sux by Legit and Legitimated Children  Children who are legitimated by subsequent marriage shall enjoy the same rights as a legit children. in accordance with the concurrence theory. SS There would be an IC excess in the estate. 2. ORDER OF CONCURRENCE IN THE CASE OF ADOPTED CHILD SURVIVORS SHARE 1. A person who cannot represent a near relative cannot also represent a relative farther in degree.

 Exmaple: A dies leaving B. F is the legit child of C.000 o D and E will each receive P250. the illegit children shall succeed to the entire estate of the deceased. Divide. who later died leaving an estate of P1 million. o B will get P500. fulfill first the legitime of the legit.000 to the share of the illegit child o Illegit child will now receive P300.000 o All of them represented their parents.000 each Question on PARTIAL INTESTACY  Suppose there is partial intestacy in that a part of the inheritance has been given to strangers. A’s brother. He is survived by his legit father and an illegit child. ARTICLE 984 Estate of Adopted Children  Repealed by 190 FC ASCENDING DIRECT LINE (presumption that there are no legit or illegit descendants) ARTICLE 985 Inheritance by Parents and Ascendants  Legitimate parents and ascendants  Example: A died intestate leaving P1 million.  Illegit children will succeed in their own right   Children of illegit child shall succeed by right of representation Applies in case of incapacity ARTICLE 990 The hereditary rights granted by 988 and 989 to illegit children shall be transmitted upon their death to their descendants. ARTICLE 989 Illegit children concurring with descendants of another Illegit child.  General Rule on Partial Intestacy o Charge the legacies. who shall inherit BY RIGHT OF REPRESENTATION from their deceased grandparent. B and C predeceased A.000 to a friend. if living. Moreove. D and E are the legit children of B.  Rules: o The illegit children will receive half of the share of the legit children. ARTICLE 986 Shares of Parents  The father and mother. shall inherit in equal shares. to the intestate shares of those given by law on instestae sux MORE than their respective legitimes.000 (1/2 share) o Charge the P200.ARTICLE 983 Shares of Illegit children concurring with Legit children  The shares of illegit children will be taken from the Free portion. then whatever is left is given to the illegit children. how should the remainder be disposed of? o Charge the part given to the stranger to the intestate share of the illegit children. shall succeed to the entire estate of the child. The whole estate goes to B to the exclusion of C.  Read page 489 example ILLEGITIMATE CHILDREN ARTICLE 988 In the absence of legitimate descendants or ascendants. without however impairing said legitimes.  Example: A man had an estate of P1 million. etc.  Should only one of them survives. o F will receive P500. There are NO provisions as to the rest of the estate. but surviving are legit parents and illegit children. How will P800. the charging must be proportionate to the amount given in the intestate share over and above that given by law as legitime. so as not to prejudice the legit children.000 o C and D will get P250.  Descendants referred in this Article refers to legit and illegit descendants. He made a legacy of P200.000 left be divided? o Give to the legit father his legitime of P5000.000  This is OK because supposedly as illegit child concurring with a legit ascendant will get only ¼ of the hereditary estate as mentioned in Article 896. Surviving relatives are B. the ascendants nearest in degree shall inherit. o If the legitime of the legit children is impaired. SUX final | 5 . his father and C and D. Divide the property. ARTICLE 991 Illegit children concurring with Legit Ascendants  Legit ascendants will take half of the estate  Illegit children will take the other half. his father and C.  Example: B and C are A’s illegit children.  It is submitted that 990 also applies to incapacity and disinheritance. ARTICLE 987 Inheritance by Other Descendants  If parents are already dead. without however impairing the legitime of the latter. Estate is P1 million. his illegitimate children.

and an illegit child C. then the amount of the testamentary disposition must be deducted from the disposable free portion. If the intestate share of a compulsory heir is equal to his legitime. they shall inherit share and share alike. she does not inherit as an intestate heir. ARTICLE 993 Inheritance by the Illegit parents  Illegit child should die without issue. to be borne by all the intestate heirs in the proportions that they are entitled to receive from such disposable free portion as intestate heirs. A succeeds to the entire estate. If the surviving spouse was the guilty party in the case of legal sep. if that’s the case. 3. Thus. But if he is going to represent an illegit child of the decedent. then the intestate heirs who are compulsory heirs will get only their legitime. A and C. and an illegit child E.  Example: A has an illegit child B. because a legit child can be represented by his own legit child. nephews and nieces  entire estate in equal proportions with right of representation for the neph and niec. 4. If the testamentary dispositions consume the entire disposable free portion. will they inherit intestate from A? o D can represent his father B. no other issues legit or illegit  ENTIRE ESTATE The surviving spouse must be legitimate. in the proportions stated above.MIXED SUCCESSION OR PARTIAL INTESTACY  Succession that is effected partly by will and partly by operation of law.  If both parents are living and filiation is duly proved. if both living. RULES: 1. there is no barrier since the whole line is illegit. and surviving are the four grandchildren.  Order of Intestate Sux to the Estate of an Illegit Child o Legit children and legit descendants o Illegit children and descendants (whether legit ot illegit) o Illegit parents (an illegit descendant has no legit ascendants) o Surviving spouse o The State SURVIVING SPOUSE ARTICLE 995 Inheritance by Surviving Spouse      Survivor: Surviving spouse ALONE. because the rights granted an illegit child are transmitted upon his death to his descendants. because the testamentary dispositions can affect only the disposable free portion but never the legitimes. then the amount of the testamentary disposition must be deducted only from the intestate shares of the others. and those who are not compulsory heirs will get nothing. The law of legitimes must be brought into operation in partial intestacy. o E cannot represent B in the sux from A’s estate because an illegit child has no right to inherit intestate from the legit children and relatives of his father or vice versa. legit or illegit. If among the concurring intestate heirs there are compulsory heirs. will inherit from B in equal portions.  This is an IRON CURTAIN RULE  Example: A has a legit child B. If the sux is intestate and property is P1 million.  An illegit relative. ARTICLE 996 Share of Surviving Spouse concurring with Legit children  Example: A decedent is survived by his widow and 3 legit children. whether legit or illegit. who has no issue. If the illegit child is going to represent a person who is a legit child of the decedent. is not entitles to the benefits of reserva troncal. There is no provision in intestate sux regarding surviving spouse who married the decedent in articulo mosrtis. the share is the SAME. In such case. if she alone survives whether or not the marriage is in articulo mortis. ARTICLE 992 The BARRIER between the Legit and Illegit families  An illegit child has no right to inherit intestate from the legit children and relatives of his father or mother. If B predecease A. his father or mother shall succeed to his entire estate. even if within the 3 rd degree from the propositus. and an illegit child G. B has a legit child D. 2. how will the inheritance be divided? SUX final | 6 . for common law marriages are not recognized. whose legal or intestate portions exceed their respective legitimes. unless B is proved to be the child also of C. the answer is NO because of the barrier rule in Art 992. and vice versa. C has a legit child F. (902 and 990)  Is an illegit child allowed to represent? o It depends. Void and/or bigamous marriage of the surviving spouse does not inherit as an intestate heir. o F and G can represent C in the sux from A. ARTICLE 994 Intestate share of Surviving Spouse  Survivor: Surviving spouse only  entire estate  Survivors: Surviving spouse concurring illegit bro and sis o Surviving spouse  half of the estate o Bros and sis  other half  Survivors: Illegit siblings.

Review example 2 page 515 ARTICLE 1001 Share of the surviving spouse concurring with brothers. thus receiving 1/8 each. 10 illegit children o Legit child 1 – 400 o Legit child 2 – 400 o Widow – 400 o 10 illegit children – 40  the remaining portion (400) should be divided equally to the illegit children as the legit children and the surviving spouse are preferred and that their legitimes should not be impaired.The widow and each of the 3 legit children will receive P250. 2 legit children. o     ARTICLE 997 Share of the surviving spouse with legit parents or ascendants  Surviving spouse  ½ of the estate  Legit parents or ascendants  ½ of the estate  Estate = 100 o Legit father – 50 o Surviving spouse – 50  Estate = 100 o Legit father – 25 o Legit mother – 25 o Surviving spouse – 50  Problem in Partial Intestacy o Estate = 1000 o Legacy = 100  Legacy – 100  Legit father – 500  Surviving spouse – 400 o The legacy was taken from the intestate share of the surviving spouse. Distribute the estate.000. Estate = P100 o Surviving spouse – P50 o One legit child – P50 Estate = P100 o One legit child – P50 o Surviving spouse – P25 o One illegit child – P25 A died intestate leaving his widow. ARTICLE 1000 Share of the surviving spouse concurring with legit ascendants and illegit children  Three classes are surviving in this Art o Legit ascendants – ½ o Surviving spouse – ¼ o Illegit children – ¼  Estate = 1000 o Legit father – 250 o Legit mother – 250 o Widow – 250 o 1 illegit child – 250  READ PAGE 515 CASE ASK RE ADOPTED HAVING RIGHTS OF A LEGIT CHILD AS PROVIDED IN THE FC AS AMENDED  Problem in case of Partial Intestacy o Estate = 1000 o Legacy = 100  Legit father – 500  Surviving spouse – 150  Illegit child – 250   Legacy – 100  is charged to the intestate share of the widow but her legitime is preserved (1/8). nephews and nieces SUX final | 7 . How much is the intestate share of the surviving spouse if there is only one legit child? o In the absence of any express provision on the matter. sisters. After all. the plural word children must be deemed to include the singular word child. the rule is. if there is only one legit child and there are no other relatives – both will get EQUAL INTESTATE SHARE. ARTICLE 998 Intestate share of Surviving spouse concurring with Illegit children  Surviving spouse – ½  Illegit children or descendants – ½ ARTICLE 999 Share of Surviving spouse concurring with Children and other descendants  Three classes are surviving in this Art o Legit children or descendants o Illegit children or descendants o Surviving spouse  Estate = 700 o Surviving: widow. 1 illegit child o Legit child 1 – 200 o Legit child 2 – 200 o Widow – 200 o Illegit child – 100  Estate = 1600 o Surviving: widow. o ½ goes to the legit son o ¼ goes to the surviving spouse o ¼ goes to the illegit child. her legitime has not been impaired. 2 legit children. after all. To get it from the intestate share of the father. or to make him share the legacy proportionately with the surviving spouse would impair his legitime. a legit son and 2 illegit children.

and U.  T and U will get P200 each being full blood bro of S.  Reconciliation puts aside the effects of legal separation. Example: M and F are legally married nd Y. if a sister and nephews of the deceased appeared to claim the inheritance.000  R – 20.  Bro and sis of half-blood from both mom and dad’s side are the only survivors. legit child.000.  R will only get P100 being half-blood bro of S. Estate of the decedent is P500. 2 brothers and parent (of D)  Surviving spouse only – 100  Surviving spouse and 2 brothers – SS 500. the full blood shall be entitled to a share DOUBLE that of the half-blood. the former are EXCLUDED by the latter. and X are their legit children.000  M – 30. o If F died. M. IC 250 Brothers and sisters DO NOT CONCUR with recognized illegit children of the deceased. T and U. T. Surviving are Y. ARTICLE 1004 Shares of brothers and sisters of full blood  They shall inherit in equal shares. he or she shall not have any rights on the estate of the deceased spouse.  The nephews and nieces will inherit PER STIRPES. SS 250.  Example: R and S. S T and U survived him. lawfully married.  F was married to W and R was their legit child. 000 per capita o B’s children – 60. P. illegit child.  In the absences of ascendants or descendants or surviving spouse. S and T get married. D dies intestate leaving an estate of P240. S. F married M with whom he has 3 legit children S.000 The RIGHT OF REPRESENTATION IN THE COLLATERAL LINE DOES NOT EXTEND T GRANDNEPHEWS AND GRANDNIECES. father – F 500. have 3 legit children A B and C. COLLATERAL RELATIVES ARTICLE 1003 Inheritance by Collaterals  Collaterals referred are intestate. Divide the estate. D.000  T – 20. R S T and U survived him. In fact. R T and U survived him. WITHOUT DISTINCTION AS TO SEX OR AGE AND EVEN IF THEY SHOULD HAVE COME FROM DIFF MARRIAGES. L is the legitimate child of S and SUX final | 8 . o All shall inherit in equal shares. IC 250  Surviving spouse. Hence. without distinction as to the origin of the property. When W died.000 per stirpes  L – 30. L. ARTICLE 1006 Full blood concurring with Half-blood  Should brothers and sisters of the full blood survive together with bros and sis of the half-blood. (979) ARTICLE 1007 Half-blood brothers and sisters from both sides.  Per Stirpes means that the Grantor intends that the Beneficiary's share of the inheritance will go to his or her heir. have 2 legit children M and N. R. L and M are the legit children of B.  The rule on proximity applies. and T are the legit children of X. legit child and illegit child – LC 500.  The brothers and sisters will inherit PER CAPITA. lawfully married. B.000 per stirpes  P – 20.  There must be LEGAL SEPARATION. 250 each for the brothers  Surviving spouse and legit child – 500 each  Surviving spouse and father – 500 each  Surviving spouse and illegit child – 500  Surviving spouse. and T. as the nearest kin. Per Capita indicates   that the Grantor intends that NO ONE except the named beneficiary receive that share of the estate. ARTICLE 1005 Shares of brothers and sisters concurring with nephews and nieces  Nephews and nieces are the children of decedent’s bro and sis of full blood. o If R died. they.000 o X’s children – 60. the collateral relatives (full or half-blood) will inherit the WHOLE estate. o Y – 60. the nearer excludes the farther.  Each will get in equal proportions being half-blood bros of R.  Each will get in equal proportions because LEGIT CHILDREN AND THEIR DESCEDANTS SUCCEED THE PARENTS AND OTHER DESCENDANTS. o If S died. S.   2 classes of survivors o Surviving spouse – ½ o Brothers and sisters (and their children) – ½ Estate = 100 [page 516 example] o Surviving: spouse. R and U eventually die. (Cacho v Udan) ARTICLE 1002 Rules in case of Legal Separation  If the surviving spouse gave cause for the separation. R. P. but not compulsory heirs. SS 250.000 per capita o S – 60. exclude such remote relatives as grandnephews and grandnieces. illegit child.

or who died before testator.  Example: T makes a will giving a particular car to A and B. in accordance with rules laid down for bro and sis of the full blood. the whole car goes to B. the State is considered the last intestate heir. o Escheat is a common law doctrine which transfers the property of a person who dies without heirs to the crown or state. o By expressly providing that although accretion may take place. he desire no accretion in favor of those who ordinarily would entitled to it. how much will each get? o Each gets P100. if T in his will provided that in case of repudiation of either A or B. Per Capita indicates that the Grantor intends that NO ONE except the named beneficiary receive that share of the estate. SUX final | 9 .  The presence of a half-sister excludes a collateral of a more remote degree.  If a claim is NOT made within a period of 5 years from the date the judgment in the escheat proceedings is made. ^_^ RIGHT OF ACCRETION ARTICLE 1015 Accretion  A right by virtue of which. or colegatees. If L dies intestate leaving P500. the claim shall be barred forever. ARTICLE 1013 How estate inherited by the State is distributed?  Always pay the debts and charges first. this ‘accretion’ is perfectly alright although this is really a case of reciprocal substitution. ARTICLE 1010 Sux limited to the 5th degree  The right to inherit ab intestate shall not extend beyong the 5 th degree of relationship in the collateral line. It serves to ensure that property is not left in "limbo" without recognized ownership.T. Read the Cardinal Principles of Intestate Succession in page 530.  Example: T.  Per Stirpes means that the Grantor intends that the Beneficiary's share of the inheritance will go to his or her heir.  If the deceased is survived by the children of a predeceased half-blood bro and by the children of a predeceased half-blood sister. If A repudiates. and may therefore be accepted or repudiated by those entitled.000 and the survivors are A B C M and N. there has been an earmarking or specification of determinate property. devise or legacy.   Assignment of the props. still he does not want accretion to occur. but the Rules of Court must be observed.  Accretion is a right. the other gets the property.000 because each is a half bro of L. because here. the whole estate shall be assigned to the respective municipalities or cities where the same is located. THE STATE ARTCLE 1011 Inheritance by the State  In the absence of any relative within the 5 th degree.  Reason for Accretion: A right based on the presumed will of the deceased that he prefers to give certain properties to certain individuals. ARTICLE 1014 Rule if Legal Heir files a Claim  Period within which to file a claim  within 5 years from the date the prop was delivered to the State. ARTICLE 1009 Inheritance by Other collaterals  Relatives nearest in degree excludes the more distant ones. the part assigned to one who renounce or cannot receive his share.  How accretion may be avoided? o By expressly designating a substitute. ARTICLE 1012 How the State inherits  Rule 91 of the Rules of Court  SolGen or his rep may file a petition that the estate of the deceased be declared ESCHEATED. (1017) However. ARTICLE 1008 How children of bro and sis of the half-blood inherit?  Shall succeed per capita or per stirpes. Repudiation of his share) o Acceptance of the portion accruing by the person entitled. B ordinarily does not get the 1 st floor. co-devisees. and the 2 nd floor to B. is added or incorporated to that of his co-heirs. sis.  REQUISITES FOR ACCRETION o Unity of Object (one inheritance) o Plurality of Subjects (2 or more to inherit ordinarily) o There is Vacant portion (ex. that is. rather than to his legal heirs. o If the decedent never resided in the Phils. gives the 1 st floor of his house to A. to the proper municipalities must be made.  The absence of bros. Both true in both testate and legal sux. in his will. The law must make a distinction as whether or not the deceased resided in the Philippines. the first group gets TWICE the share of each of the second group. nephews and nieces of the decedent is a precondition of the other collaterals to the succession. If A repudiates his share. when two or more persons are called to the same inheritance.

Each gets P150. o T gave A a legacy of P30.000 by accretion. There can be accretion here. although 1018 mention only repudiation. and B. o Suppose A has a child C. for the predeceased brother never had a chance to inherit. In case of predecease in legal sux. because C will get said share by representation. B inherits HALF BY INSTITUTION and HALF BY ACCRETION. o T gave A 1/3 of a car. Thus. and o That one of the persons thus called die before the testator. It cannot be said that each gets P100. If X repudiates his share.000 but only 2 brothers survive him. Example: A has three brothers. the share of A accrues to B. A has a child C. a legacy of P40. there will be no accretion. there is really no vacant portion and hence no accretion for the survivors to inherit in their own right. will his share accrue to B? NO. A dies intestate leaving P300. (a form of incapacity)  If there is failure to identify one particular heir. ARTICLE 1017 Non-Earmarking   Read the codal provision Example paragraph 1 o T gave A and B ONE HALF EACH of a particular house. devisee or legatee but the others can be identified. or renounce the inheritance. pro indiviso (undivided). Can there be accretion if for example A repudiates? YES because there has been no earmarking.  A and B are the decedent’s (no will) brothers. A and B were being made exclusive owners therof.000 in his own right and P50.  Example: A testator gave X. should C get A’s portion? NO. Predecease Repudiation Incapacity Legitime X X X Free Portion / / / Intestate Sux X / X ARTICLE 1016 Accretion in Testamentary Sux  To take place.000 and B. and B the other 2/3. precedence over accretion. there will be no accretion. ½ of an undivided house. for one who renounces cannot be represented.000 in his own right. Read BAR QUESTION page 540 and 541 ARTICLE 1018 Accretion in Intestate Sux  In legal sux the share of the person who repudiates the inheritance shall always accrue to his co-heirs. without prejudice to the right of representation. and B. There is earmarking. If A repudiates his share. Y 1/3 and Z 1/6. or to the same portion thereof. instance when accretion may take place:  If a suspensive condition is not fulfilled.Accretion in Testamentary Sux o In case of Predecease 1016 o In case of Incapacity 1016 o In case of Repudiation 1016  In Incapacity and Predecease. his money in the right hand drawer.   right of representation takes Accretion in Legal Sux o In case of Repudiation 1015 o   In case of Incapacity 1015. the 2nd floor. If A is incapacitated.000 as legacy to A and B such that A is going to get ¾ and B ¼. There can be accretion for there is no earmarking. children of bro or sis are entitled to represent. ARTICLE 1019 Proportional sharing of Property received by Accretion  The heirs to whom the portion goes by the right of accretion take it in the same proportion that they inherit. If A predeceases T.  Example: T instituted A and B as his own heirs. SUX final | 10 . o T gave P200. This is so because the very theory of intestate sux presupposes the survival of intestate heirs. Aside from PRI. it shall be necessary: (requisites) o That 2 or more persons be called to the same inheritance.000. B will get it. In the collateral line (intestate). Example paragraph 2 (money or fungible goods) o Rules  If earmarked – no accretion  If not earmarked – there can be accretion o T gave A his money in the left hand drawer of his desk. But if A had been given the first floor. for we still cannot ascertain which particular section or portion of the car. Can there be accretion here even if the parts be unequal? Under the New Civil Code.  Example: A and B are the decedent’s (no will) brothers and only surviving relatives. there can be accretion since the mere fixing of aliquot part does not necessarily make the property ‘determinate’ or specific. or be incapacitated to receive it. Y and Z will share in X’s portion in the proportion of 1/3 to 1/6 (2 to 1) because this was the proportion in which they had been instituted. therefore no accretion.

if none. results are the same as in predecease. since institution covers only the FP.IS 1. but can inherit from others or certain other props.000 each or a total P300. the others inherit in their own right.  Example: Estate is P600. there is representation if there are children or descendants.  In case of incapacity. (aka passive testamentary succession)  Kinds of Capacity to Succeed o Absolute – can never inherit from anybody regardless of circumstances. The remaining P100. SUX final | 11 .  DEFINITION: It is the ability to inherit and retain property obtained mortis cause. and a friend (Z). No substitute was appointed. was given nothing. how will the share of X be divided?  P150. RR 2. INCAPACITY.RR 2. IS 1. If A repudiates his share.  In case of disinheritance.RR 2.  Accretion if it takes place. results are the same as in predecease. The free portion is then divided equally among the 3 instituted heirs (X Y Z). the sole intestate heir.  In case of incapacity. if none. In intestate succession:  In case of predecease. S. o Relative – cannot inherit only from certain persons or certain props. gets A’s share. o Ordinarily.000). RR 2. ARTICLE 1023 Accretion among devisees. there is representation if there are children or descendants.  Accretion shall take place among devisees.000 will go equally to Y and Z by accretion since this is the proportion in which they were instituted to the FP. DISINHERITANCE. o Now then supposes X predeceases T.IS IS A A or Summary: In testamentary succession: Legitime:  In case of predecease of an heir. A. the others inherit in their own right. Disposable free portion:  Accretion takes place when requisites are present. results are the same as in predecease. but if such requisites are not present. ARTICLE 1022 Rules when accretion does not take place  Order of Preference: ISRAI  Example: T gave P10 million to A and P10 million to B. CAPACITY TO SUCCEED BY WILL OR INTESTACY ARTICLE 1024 Capacity to Succeed  Persons not incapacitated by law may succeed by will or ab intestate.  In case of repudiation by an heir. X and Y are first given their respective legitimes (P150. ARTICLE 1021 Accretion among Compulsory Heirs  There is no accretion insofar as the legitime is concerned. the others inherit in their own right. A and B are T’s friends.000. IS RR 2.ARTICLE 1020 Effect of Accretion and exceptions thereto  The heirs to whom the inheritance accrues shall succeed to all the rights and obligations which the heir who renounced or could not receive it would have had.  The provisions relating to incapacity by will are equally applicable to intestate sux. A 2. REPUDIATION in both TESTAMENTARY and INTESTATE SUCCESSION CAUSE OF VACANCY TESTAMENTARY SUCCESSION Legitim Free e Portion 1. IS A IS _ INTESTAT E SUCCESSION (IS) 1. Therefore. there is always accretion.  In case of repudiation. and EFFECTS of PREDECEASE.000 of X’s shares goes to Y in the latter’s own right (since this is the legitime). the others inherit in their own right.IS _ Predecea se Incapacit y Disinheri -tance Repudiation 1. legatees usufructuaries under the same conditions established for heirs. concerns only the free portion. there being no accretion since there was an earmarking of share. who will get it? o B will not get. legates and usufructuaries. a sister of the testator. T institutes as his heirs his 2 legit children (X and Y).

Individuals. or when there is no need to guardianship to continue. DQ to inherit. scientific. spouse. The DQ does not extend –  To the legitime  To intestacy  To dispositions which do not extend to testamentary benefit. Priest who heard the confession of the testator during his last illness OR a minister who extended spiritual aid during the same period.  However. 6. associations. sis or spouse shall be VALID. the spouse. or druggist who took care of the testator during his last illness. and corporations not permitted by law to inherit.   ARTICLE 1027 Incapacity because of Possible Undue Influence 1. nurse. parents or children or any one claiming under such witness. surgeon. Guardians with respect to the testamentary dispo given by a ward in his favor before the final accounts of guardianship have been approved. bro. Priest who extends spiritual aid other than confession like “extreme unction” is NOT DQ. descendant. The Notary Public before whom the will is acknowledged is NOT DQ by the law to inherit.  Requisite for Capacity to Inherit: o It is essential to be either ALREADY LIVING or at least CONCEIVED at the moment the sux opens. others are not. parents or children.  The took care of the testator. it is essential that:  The will or disposition in their favor was made during the last illness and after the ‘care’ by them had commenced. o State o Provinces o Municipal corporations o Private corporations o Organizations or associations  religious. or when he resigns. The DQ extends only to th 4th degree. 2. #3 o o  #4 o o  The witness is qualified to inherit if there are three other competent and disinterested witnesses to the will. Any physician. o  The DQ exists without the necessity of proving actual undue influence. Relatives of such priest or minister within 4th civil degree. assoc and corpo not permitted by law to inherit. chapter. o 3 Kinds    of Relative Incapacity Because of Possible Undue Influence Because of Public Policy and Morality Because of Unworthiness ARTICLE 1025 Persons absolutely Incapacitated  2 classes who are absolutely incapacitated to succeed: o Individuals. o May be guardian of the person or of the property since both can exercise undue influence. They are NOT DQ to inherit by intestacy.  If made LONG AFTER THE LAST ILLNESS. UNLESS:  The will was made after the approval of the final accounts  The guardian is relative. descendant. educational.  #2 o o Relatives are those by consanguinity. nevertheless any provision made by the ward in favor of the guardian when he is his ascendant. 3. o Those that does not have a juridical personality are allowed to inherit only because of this article. order. 4.  No exception to the rule. o The will must have been made during the last illness AND AFTER CONFESSION for the DQ to attach. 5. community. the DQ does not apply for there was a time to reflect on the wisdom of such testamentary dispo. The will must have been MADE DURING THE LAST ILLNESS. #6 ARTICLE 1028 Incapacity by reason of Public Morality SUX final | 12 . o Those who lack juridical personality. the church. or charitable purposes. o Not permitted by law to inherit. bro. #5 o To DQ these people from inheriting as testamentary heirs. health officer.  The disqualifications above mentioned are CONCLUSIVELY PRESUMED. Any attesting witness to the execution of the will. Notarial Law disqualifies him to inherit.  Private juridical persons cannot of course inherit in legal sux. cultural. organization or institution he may belong. They are given to the court when the guardian is removed. #1 o o  ARTICLE 1026 Disposition in favor of Entities  Some of the orgs referred in this article are juridical persons. (ascendant. legatees or devisees. sis r spouse) Final Accounts – are those that terminate the financial responsibility of the guardian.

descendants and ascendants. The fact of conviction and its effects retroact to the time of the decedent’s death. or made through an intermediary. o Those made between persons found guilty of the same criminal offense. and not one which is based merely on ‘reasonable doubt’. only the poor in the T’s domicile at death should be considered. or who supplants. shall be void. 6. this prohibition shall not apply to cases wherein.  Who designates the Poor? (order of preference) o Person appointed for the purpose o Executor o If no executor – the 3 people by majority vote.  #1 o o  #2 o o o o    #3 As long as the parent persuade his children to live a corrupt and immoral lie. Any person who has accused the testator of a crime for which the law prescribes imprisonment for 6 years or more. unless the authorities have already taken action. or by reason of possible undue influence. ARTICLE 1029 Disposition for Prayers and Pious Works  50-50 Disposition  Aka INSTITUTION OF THE SOUL  Essential Requisites: o Dispo is for PRAYERS and PIOUS WORKS.’  An acquittal on any ground. or from revoking one already made. Any person who falsifies or forges a supposed will of the decedent. or undue influence should cause the testator to make a will or to change one already made. 5. even of reasonable doubt. It is enough that the heir be convicted later on. 3. he is qualified to inherit. o Failure to Report Violent Death  Requirements:  The heir (legatee or devisee) must be of full age. Any person convicted of adultery or concubinage with the spouse of the testator. if the accusation has been found groundless. there is no obligation to make an accusation. The conviction need not be done before the T’s or decedent’s death. or by reason of morality. or alters the latter's will. Requires a ‘conviction by final judgment. in consideration thereof. 4. should fail to report it to an officer of the law within a month. o Dispo does NOT SPECIFY its applicatiom ARTICLE 1030 Dispositions in Favor of the Poor  The Poor in General o Unless clearly appearing otherwise. conceals. Parents who have abandoned their children or induced their daughters to lead a corrupt or immoral life. descendants or ascendants. ARTICLE 1032 Incapacity by Reason of Unworthiness Based on Acts of Unworthiness (A4F3P) 1. ARTICLE 1031 Dispositions in Favor of DQ Person  A testamentary proviso in favor of a DQ person.  How the interposition of a 3rd party may be done? o If the dispo is disguised as an onerous contract o If fictitious debt are ordered paid o If an intermediary is interposed  DQ person refers NOT to one incapacitated by reason of unworthiness but one incapacitated either absolutely. by reason of his office. o There must be a definite acquittal. according to law. o Dispo is in GENERAL TERMS. he is incapacitated. If the heir is given amnesty before final judgment. No need of criminal conviction if the parent attempted against the virtue of his children. Any person who has been convicted of an attempt against the life of the testator. or attempted against their virtue. Any heir of full age who. and Any person who by the same means prevents another from making a will. 8. having knowledge of the violent death of the testator. intimidation. #4 #5 SUX final | 13 . o Those made to a public officer or his wife.  Justice of Peace  Mayor  Municipal treasurer o Shall be approved by the CFI (RTC). 7. 2.  He must have knowledge of the violent death of the T. The ff donations shall be void: o Those made between persons who were guilty of adultery or concubinage at the time of the donation. does not result in incapacity. violence. his/her spouse. even though made under the guise of an onerous contract.  There is an obligation to make the accusation. Any person who by fraud.  There is failure to report such death within a month unless the authorities have already taken action.

ARTICLE 1034 How to judge the capacity of the Heir?  In order to judge the capacity of the heir. Thus. the heir must be capacitated BOTH:  At the time of the T’s death  At the time the condition is fulfilled ARTICLE 1035 Incapacitated CH can be Represented. ARTCILE 1038 Incapacitated heir who disregards prohibition  Any person incapable of sux. o He shall be liable for all the fruits and rents he may have received. his qualification at the time of death of the decedent shall be the criterion. but also that which would have appertained to him had he been capacitated. the mere fact of instituting the person concerned. o To collect credit (because while he is incapacitated to inherit. in this case.  An express revocation is irrevocable provided there was no vitiated consent.   Alienations of hereditary property and acts of administration performed by the EXCLUDED HEIR. ARTICLE 1039  Capacity to succeed is governed by the law of the nation of the decedent. o An action for RECOVERY is sufficient for after all. entered into the possession of the hereditary property. the incapacity remains. o 2 kinds of actuation  Alienation of hereditary prop  Acts of administration The co-heirs shall have the right to recover damages from the DQ heir. o The axn must include recovery of accessions. are VALID as to the 3rd persons who acted in good faith.  If the institution. the latter shall acquire his right to the legitime. CONDONATION must be in writing (public or private). disregarding the prohibition. o If one brings the action ONLY for a declaration of incapacity. or could have received through the exercise of due diligence. or giving him a devise or legacy. T ALREADY KNEW of the causes of unworthiness.  Nos 2. even if he be a CH. ARTICLE 1037 Indemnities to be Reimbursed Excluded Heir  2 rights: o To collect necessary expenses (for preservation. devise or legacy should be CONDITIONAL. he still is a creditor). 3 or 5 of 1032  necessary to wait until final judgment is rendered. he cannot recover possession. SUX final | 14 . without prejudice to the right of representation. the action must be BOTH. it is as if there was no condonation.  If an implied condonation was made in a VOID or REVOKED will. he loses not only the legitime. and should have children or descendants.  If knowledge come ONLY AFTER the execution of the will. BEFORE the judicial order of exclusion. who.  Read the problem sample on page 570-71 ARTICLE 1036 Judicial Order of Exclusion  the court declares which of the heirs are disqualified or incapacitated. is an IMPLIED CONDONATION. fruits.  Useful and luxurious expenses are deemed governed by the rules on possession. o When proper. or legatee. there can be no recovery unless a declaration of incapacity is first made.  4 things governed by the national law of the decedent: o Order of succession o Amount of sux rights o Intrinsic validity of the provisions of the will o Capacity to succeed ARTICLE 1040 Prescriptive period for declaration of Incapacity and for Recovery of the Inheritance  The action for DECLARATION OF INCAPACITY and for the RECOVERY OF THE INHERITANCE  SHALL be brought WITHIN 5 YEARS from the time the DQ HEIR took POSSESSION thereof. regardless of good or bad faith). shall be obliged to return it together with its accessions.  The person so excluded shall not enjoy the usufruct and administration of the prop thus inherited by his children. An heir incapacitated by reason of unworthiness. loses ALL rights to inherit from the deceased. therefore. Therefore. 1032 applies to both intestate and testate sux.  No 4  the expiration of the month allowed for the report. the time of the compliance with the condition shall also be considered. the good or bad faith is important. and.  If the person excluded from the inheritance by reason of incapacity should be a child or descendant of the decedent. rentals.Conviction by final judgment is essential since the law says so. o   ARTICLE 1033 Rules for Condonation  If at the time he made the will. devisee. o In case of suspensive conditional institution.

ARTICLE 1048 Rule for Deaf-Mutes  Can read and write – may A/R the inheritance personally OR through an agent. or to any of them. except insofar as collationable donation inter vivos and remissions are concerned. but if this renunciation should be gratuitous. o No judicial authorization is needed. the inheritance shall not be deemed as accepted. But neither do they signify a repudiation. it becomes her separate property. o An insane can accept unless he acted during lucid interval. ARTICLE 1948 Kinds of Acceptance  Express – must be made in public or private document. ARTICLE 1043  No person may accept or repudiate an inheritance unless he is certain of the death of the person from whom he is to inherit. ARTICLE 1044 Who may Accept or Repudiate?  ACCEPTANCE – mere acceptance by those in charge. If the heir sells.  Presumed – if within 30 days after the court has issued an order for the distribution of the estate.  After all. If he renounces it for a price in favor of all his co-heirs indiscriminately. the person who would inherit in place of the incapacitated heir.  Presumption of Death. ARTICLE 1050 Instances of Implied Acceptance 1. that is. being an act of alienation. If the heir renounces the same.  Implied or tacit – thru actions which one would have no right to do except in the capacity of an heir or one resulting from acts by which the intention to accept is necessarily implied. in behalf of incapacitated person is SUFFICIENT. 2.  Acts of mere preservation do not necessarily imply an acceptance. o Acceptance or repudiation cannot be made during the lifetime of the decedent. o Acceptance may be presumed. or assigns his right to a stranger. o Needed even when the bequest or gift is NOT CONDITIONAL. o There can be partial acceptance and partial repudiation. and the co-heirs in whose favor it is made are those upon whom the portion renounced should devolve by virtue of accretion.  Acceptance and repudiation must be pure and absolute.  2 Requisites before Acceptance or Repudiation is done: o The heir must be CERTAIN of the DEATH of the decedent. the people concerned have not signified their acceptance or repudiation. ARTICLE 1042  The fx of the acceptance or repudiation shall always retroact to the moment of the death of the decedent. can bring the action. ARTICLE 1047 A married woman of age may repudiate an inheritance without the consent of her husband. ACCEPTANCE AND REPUDIATION OF THE INHERITANCE ARTICLE 1041  The acceptance or repudiation of the inheritance is an act which is purely voluntary and free. there must be no term or condition otherwise the purpose may be frustrated and there would be uncertainty as to whether the properties or rights are being transmitted or not. read Art 390-392. approval of the Gov’t is required. Anyone who may have an interest in the sux. o The legitime may be repudiated. repudiation requires more formalities. donates.  REPUDIATION – COURT APPROVAL IS NEEDED. or to his coheirs.  Public official establishments – those devoted to public purposes and supported by public money. and of his right to the inheritance. o The heir must be certain of his RIGHT to the inheritance. that is. 3. o To prevent any stage where the property will be without an owner and possessor.  Unable to read and write – shall be accepted by their guardians. o The presence of vitiated consent gives rise to their revocability. UNLESS there are burdens. if she gets the inheritance. o Proper executive head or dep’t head. even though gratuitously. o Guardians may repudiate with judicial approval. for the benefit of one or more of his co-heirs. ARTICLE 1045 Rules for Juridical Entities re Acceptance or Repudiation  Same as 1044 ARTCILE 1046 Rules for Public Official establishments re A/R  To A/R. SUX final | 15 .

ARTICLE 1051 How repudiation is made?  By a public instrument  By an authentic instrument  By a petition to the court having jurisdiction over the testamentary or intestate proceedings but must be presented within 30 days from order of court for the distribution of the estate. otherwise. SUX final | 16 . hence. the need for an express renouncing. o It is unnatural and resultantly disturbs juridical relations o Creditors of the renouncer should be more or less informed. this is deemed to be an acceptance. (1052) One is not allowed to repudiate legacies with burdens when he accepts gratuitous legacies. Why repudiation must be made expressly? o It is an act of disposing of prop rights.    One who repudiates is deemed never to have owned or possessed the inheritance without prejudice to the rights of the creditors.