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OPENING OF SUCCESSION

Article. 777. The rights to the succession are transmitted from the moment of the death of the decedent

Article. 130. The future spouses may give to each other in their marriage settlement as much as one-fifth of their present property and with respect to
their future property, only in the event of death, to the extent laid down by the provision of this Code referring to testamentary succession.

Article. 132. A donation by reason of marriage is not revocable, save in the following cases:
a. If it is conditional and the condition is not complied with;
b. If the marriage is not celebrated;
c. When the marriage takes place without the consent of the parents or guardians, as required by law;
d. When the marriage is annulled, and the donee acted in bad faith;
e. Upon legal separation, the donee being the guilty spouse.
When the done has committed an act of ingratitude as specified by the provision of this Code on donations in general.

[Presumption of death]
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. (n)
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. (n)

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. (440)

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.
Article 2253. The Civil Code of 1889 and other previous laws shall govern rights originating, under said laws, from acts done or events which took
place under their regime, even though this Code may regulate them in a different manner, or may not recognize them. But if a right should
be declared for the first time in this Code, it shall be effective at once, even though the act or event which gives rise thereto may have been
done or may have occurred under prior legislation, provided said new right does not prejudice or impair any vested or acquired right, of the
same origin. (Rule 1)

Article 2263. Rights to the inheritance of a person who died, with or without a will, before the effectivity of this Code, shall be governed by the Civil
Code of 1889, by other previous laws, and by the Rules of Court. The inheritance of those who, with or without a will, die after the beginning
of the effectivity of this Code, shall be adjudicated and distributed in accordance with this new body of laws and by the Rules of Court; but
the testamentary provisions shall be carried out insofar as they may be permitted by this Code. Therefore, legitimes, betterments, legacies
and bequests shall be respected; however, their amount shall be reduced if in no other manner can every compulsory heir be given his full
share according to this Code. (Rule 12a)

Article 84. No marriage license shall be issued to a widow till after three hundred days following the death of her husband, unless in the meantime
she has given birth to a child. (n)

Article 86. Any of the following circumstances shall constitute fraud referred to in number 4 of the preceding article:
1. Misrepresentation as to the identity of one of the contracting parties;
2. Non-disclosure of the previous conviction of the other party of a crime involving moral turpitude, and the penalty imposed was
imprisonment for two years or more;
3. Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband.
No other misrepresentation or deceit as to character, rank, fortune or chastity shall constitute such fraud as will give grounds for action
for the annulment of marriage. (n)

SUBJECT AND OBJECT OF SUCCESSION

Article 775. In this Title, "decedent" is the general term applied to the person whose property is transmitted through succession, whether or not he
left a will. If he left a will, he is also called the testator. (n)

Article 782. An heir is a person called to the succession either by the provision of a will or by operation of law.
Devisees and legatees are persons to whom gifts of real and personal property are respectively given by virtue of a will. (n)

Article 887. The following are compulsory heirs:


1. Legitimate children and descendants, with respect to their legitimate parents and ascendants;
2. In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants;
3. The widow or widower;
4. Acknowledged natural children, and natural children by legal fiction;
5. Other illegitimate children referred to in article 287.
Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by those in Nos. 1 and 2; neither do they exclude one another.
In all cases of illegitimate children, their filiation must be duly proved.
The father or mother of illegitimate children of the three classes mentioned, shall inherit from them in the manner and to the extent established
by this Code. (807a)

Article 963. Proximity of relationship is determined by the number of generations. Each generation forms a degree. (915)

Article 967. Full blood relationship is that existing between persons who have the same father and the same mother.

Article 975. When children of one or more brothers or sisters of the deceased survive, they shall inherit from the latter by representation, if
they survive with their uncles or aunts. But if they alone survive, they shall inherit in equal portions. (927)

[COLLATERAL RELATIVES]

Article 1003. If there are no descendants, ascendants, illegitimate children, or a surviving spouse, the collateral relatives shall succeed to the
entire estate of the deceased in accordance with the following articles. (946a)

Article 1004. Should the only survivors be brothers and sisters of the full blood, they shall inherit in equal shares. (947)

Article 1005. Should brothers and sisters survive together with nephews and nieces, who are the children of the descendant's brothers and
sisters of the full blood, the former shall inherit per capita, and the latter per stirpes. (948)

Article 1178. Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary. (1112)

Article 1311. Contracts take effect only between the parties, their assigns and heirs, except in case where the rights and obligations arising from
the contract are not transmissible by their nature, or by stipulation or by provision of law. The heir is not liable beyond the value of the
property he received from the decedent.

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.

Article 1429. When a testate or intestate heir voluntarily pays a debt of the decedent exceeding the value of the property which he received by will or
by the law of intestacy from the estate of the deceased, the payment is valid and cannot be rescinded by the payer.