DISINHERITANCE (6) Maltreatment of the testator by word or deed, by
the child or descendant;
(ART. 915-923)
Disinheritance – a testamentary disposition by which a
testator, for a cause or causes authorized by law deprives a
compulsory heir of his share in the legitime.
Requisites: (WELTETS)
1. It can only be effected through a will;
2. It must be made expressly;
3. There must be a legal cause for the
disinheritance;
4. It must be made for true cause;
5. It must be for an existing cause;
6. The disinheritance must be total or complete;
7. The cause must be stated in the will;
8. The heir disinherited must also be identified;
9. The will should not have been revoked.
EFFECT OF DEFECTIVE OR IMPERFECT
DISINHERITANCE
- annuls the institution of heirs only insofar as the heir
disinherited is concerned. (As distinguish in preterition)
A disinheritance is defective or imperfect and,
therefore, void if it does not comply with any of the three (3)
requirements in Article 915 to 921, to wit;
(1) Where the cause is not specified (no cause
specified);
(2) Where the cause is denied by the disinherited heir
and it is not proved by the other heirs (stated cause
is not true);
(3) Where the cause is not any of those authorized by
law (cause is not legal).
CAUSES FOR DISINHERITANCE
DISINHERITING A CHILD OR DESCENDANT
Art. 919. The following shall be sufficient causes for the
disinheritance of children and descendants, legitimate as
well as illegitimate:
(1) When a child or descendant has been found guilty
of an attempt against the life of the testator, his or
her spouse, descendants, or ascendants;
(2) When a child or descendant has accused the
testator of a crime for which the law prescribes
imprisonment for six years or more, if the
accusation has been found groundless;
(3) When a child or descendant has been convicted of
adultery or concubinage with the spouse of the
testator;
(4) When a child or descendant by fraud, violence,
intimidation, or undue influence causes the
testator to make a will or to change one already
made;
(5) A refusal without justifiable cause to support the
parent or ascendant who disinherits such child or
descendant;
1
(7) When a child or descendant leads a dishonorable
or disgraceful life;
(8) Conviction of a crime which carries with it the
penalty of civil interdiction. (756, 853, 674a)
DISINHERITING A PARENT OR ASCENDANT
Art. 920. The following shall be sufficient causes for the
disinheritance of parents or ascendants, whether
legitimate or illegitimate:
(1) When the parents have abandoned their children or
induced their daughters to live a corrupt or immoral
life, or attempted against their virtue;
(2) When the parent or ascendant has been convicted
of an attempt against the life of the testator, his or
her spouse, descendants, or ascendants;
(3) When the parent or ascendant has accused the
testator of a crime for which the law prescribes
imprisonment for six years or more, if the
accusation has been found to be false;
(4) When the parent or ascendant has been convicted
of adultery or concubinage with the spouse of the
testator;
(5) When the parent or ascendant by fraud, violence,
intimidation, or undue influence causes the
testator to make a will or to change one already
made;
(6) The loss of parental authority for causes specified
in this Code;
(7) The refusal to support the children or descendants
without justifiable cause;
(8) An attempt by one of the parents against the life
of the other, unless there has been a reconciliation
between them. (756, 854, 674a)
Loss of parental authority (Family Code)
1. Conviction of the parent of a crime which carries with
it the penalty of civil interdiction (Art.230)
2. Treats the child with excessive harshness or cruelty
(Art.231)
3. Gives the child corrupting orders, counsel or example
(Art.231)
4. Subjects the child or allows him to be subjected to
acts of lasciviousness (Art.231)
5. Subjected the child or allowed him to be subjected to
sexual abuse (Art. 232)
DISINHERITING A SPOUSE
Art. 921. The following shall be sufficient causes for
disinheriting a spouse:
(1) When the spouse has been convicted of an attempt
against the life of the testator, his or her
descendants, or ascendants;
(2) When the spouse has accused the testator of a crime
for which the law prescribes imprisonment of six
 years or more, and the accusation has been found to
be false;
(3) When the spouse by fraud, violence, intimidation, or
undue influence cause the testator to make a will or
to change one already made;
(4) When the spouse has given cause for legal
separation;
(5) When the spouse has given grounds for the loss of
parental authority;
(6) Unjustifiable refusal to support the children or the
other spouse. (756, 855, 674a)
Article 55 of the FC – Grounds for legal separation
A petition for legal separation may be filed on any of the
following grounds:
(1) Repeated physical violence or grossly abusive
conduct directed against the petitioner, a common
child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel the
petitioner to change religious or political affiliation;
(3) Attempt of respondent to corrupt or induce the
petitioner, a common child, or a child of the
petitioner, to engage in prostitution, or connivance in
such corruption or inducement;
(4) Final judgment sentencing the respondent to
imprisonment of more than six years, even if
pardoned;
(5) Drug addiction or habitual alcoholism of the
respondent;
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent
bigamous marriage, whether in the Philippines or
abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of the
petitioner; or
(10) Abandonment of petitioner by respondent without
justifiable cause for more than one year.
For purposes of this Article, the term "child" shall include a
child by nature or by adoption. (9a)
Art. 56. The petition for legal separation shall be denied
on any of the following grounds:
(1) Where the aggrieved party has condoned the offense
or act complained of;
(2) Where the aggrieved party has consented to the
commission of the offense or act complained of;
(3) Where there is connivance between the parties in the
commission of the offense or act constituting the
ground for legal separation;
(4) Where both parties have given ground for legal
separation;
(5) Where there is collusion between the parties to
obtain decree of legal separation; or
(6) Where the action is barred by prescription. (100a)
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RECONCILIATION (Art.922)
- the resumption of friendly relations between the offender
(disinherited heir) and the offended (testator).
Effect:
If made before the act of disinheritance – it deprives the
testator of the right to disinherit;
If made after the act of disinheritance – it renders ineffective a
disinheritance already made.
EFFECT OF VALID DISINHERITANCE
Art. 923. The children and descendants of the person
disinherited shall take his or her place and shall preserve the
rights of compulsory heirs with respect to the legitime; but the
disinherited parent shall not have the usufruct or
administration of the property which constitutes the
legitime. (857)
1. the disinherited compulsory heir is completely
excluded from participation in the inheritance;
2. the children and descendants of the person
disinherited heir shall take his place and acquire the
right of compulsory heirs with respect to the
legistime;
3. the disinherited parents shall not have the
usufruct or administration of the property which
constitutes the legitime,
Right of Representation in Disinheritance:
1. the fault of the disinherited heir is not the fault of his
children and descendants.
2. The right exist only in the direct descending line and
never in the ascending.
3. There is no representation with regard to the
spouse.
REVOCATION OF DISINHERITANCE
(a) By reconciliation;
(b) By revocation of the will containing the disinheritance
(Art. 830)
(c) By making anew will containing the disinherited heir;
and
(d) By the disallowance of the will containing the
disinheritance (Art. 839).
 LEGACIES AND DEVISE
(Art. 924-959)
Legacy – covers specific personal property.
Devise – covers specific real property.
Subject matter of legacy or devise
Art. 924. All things and rights which are within the
commerce of man be bequeathed or devised. (865a)
Limitations:
1. The testator cannot bequeath or devise things or
rights which are outside the commerce of man;
and
2. He cannot burden the legitime of the compulsory
heirs with said legacy or devise.
SUB-LEGACY or SUB-DEVISE
Art. 925. A testator may charge with legacies and devises
not only his compulsory heirs but also the legatees and
devisees.
The latter shall be liable for the charge only to the
extent of the value of the legacy or the devise received by
them. The compulsory heirs shall not be liable for the
charge beyond the amount of the free portion given them.
(858a).
Note: the legacy cannot burden the legitime. It should be
take only from that free portion over and above the
legitime.
Art. 926 - Extent of Liability of heir or heirs for legacy
or devise:
1. If there is only one heir, there is no question that
he alone shall assume the burden ofpaying the
legacy or devise.
2. If there are several heirs, and the testator charges
one of them, he alone has the obligation to pay the
legacy of devisee.
3. If there are several heirs, and the testator charges
no particular heir, all shall be liable in proportion,
not to their share in the inheritance, but only to the
part of the free portion to which they have been
instituted.
Art. 927. If two or more heirs take possession of the
estate, they shall be solidarily liable for the loss or
destruction of a thing devised or bequeathed, even though
only one of them should have been negligent.
General Rule – if there is concurrence of debtors and
creditors in one and the same obligation, the obligation is
merely JOINT.
3
Exception:
a. There is solidarity when the obligation expressly
declares so, or
b. when the nature of the obligation requires so, or
c. when the law decrees that there is solidarity – art
927.
Art. 928. The heir who is bound to deliver the legacy or
devise shall be liable in case of eviction, if the thing is
indeterminate and is indicated only by its kind. (860)
Delivery of generic or indeterminate thing (the choice is
with the person charged to deliver) – liable in case of
eviction.
Delivery of specific or determinate thing (choice is with
the testator) – the person charged to deliver shall not be
liable in case of eviction.
EFFECT OF OWNERSHIP OR LACK OF OWNERSHIP
OVER THE PROPERTY DEVISED OR BEQUEATHED
(1) the testator only owns a portion or part of the
thing.
Art. 929. If the testator, heir, or legatee owns only a part
of, or an interest in the thing bequeathed, the legacy or
devise shall be understood limited to such part or
interest, unless the testator expressly declares that he
gives the thing in its entirety.
 the heir may either buy the entire land and give
the legacy/devise or pay the fair value of the land.
Art. 931. If the testator orders that a thing belonging to
another be acquired in order that it be given to a legatee or
devisee, the heir upon whom the obligation is imposed or
the estate must acquire it and give the same to the legatee
or devisee; but if the owner of the thing refuses to alienate
the same, or demands an excessive price therefor, the heir
or the estate shall only be obliged to give the just value of
the thing. (861a)
(2) the testator did not own the thing at all.
Art. 930. The legacy or devise of a thing belonging to
another person is void, if the testator erroneously believed
that the thing pertained to him. But if the thing bequeathed,
though not belonging to the testator when he made the
will, afterwards becomes his, by whatever title, the
disposition shall take effect. (Exception to Art. 793 –after
acquired properties)
Article 793 – After acquired properties the legacy or devise
includes only that thing which exists at the time of the
execution of the will.
(3) The property devised or bequeathed at the time of
the execution of the will is already owned by the
legatee or devisee.
Art. 932. The legacy or devise of a thing which at the time
of the execution of the will already belonged to the legatee
or devisee shall be ineffective, even though another
person may have some interest therein.
If the testator expressly orders that the thing be
freed from such interest or encumbrance, the legacy or
devise shall be valid to that extent. (866a)
Art. 933. If the thing bequeathed belonged to the legatee
or devisee at the time of the execution of the will, the
legacy or devise shall be without effect, even though it
may have subsequently alienated by him.
If the legatee or devisee acquires it gratuitously
after such time, he can claim nothing by virtue of the
legacy or devise; but if it has been acquired by onerous
title he can demand reimbursement from the heir or the
estate. (878a)
ADEMPTION – it is the process of giving effect inter vivos
of a disposition mortis causa.
Where the thing given is burdened with
encumbrances:
Art.934. If the testator should bequeath or devise
something pledged or mortgaged to secure a recoverable
debt before (or after) the execution of the will, the estate is
obliged to pay the debt, unless the contrary intention
appears.
Any other charge, perpetual or temporary, with
which the thing bequeathed is burdened, passes with it to
the legatee or devisee.
What if more burdensome?
- The legatee or devisee has the option not to
accept the legacy or devise.
LEGACY OF A CREDIT OR REMISSION (Art. 935 and
936)
- Shall be effective only as regards that part of the
credit or debt existing at the time of the death of
the testator with all the interest due at the said
time.
The legacy shall be revoked should the testator bring an
action against the debtor for the payment of his debt, even
if such payment should not have been effected at the time
of his death.
GENERIC LEGACY OF RELEASE OR REMISSION OF
DEBTS (Art. 937)
4
When no particular debt is specified, that is, it refers to all
debts:
(1) Only those existing at the time of the execution of
the will are included, but not those contracted
subsequent thereto and existing at the time of the
death of the testator.
(2) If there are several debts condoned and the free
part is not sufficient to cover them all, the rules on
application of payment are applicable.
LEGACY OR DEVISE TO A CREDITOR
Art. 938. A legacy or devise made to a creditor shall not
be applied to his credit, unless the testator so expressly
declares.
In the latter case, the creditor shall have the right
to collect the excess, if any, of the credit or of the legacy or
devise.
Legacy or devise to one mistakenly believed to be a
creditor
1. Where no debt exists – the order or disposition is
disregarded. The estate or the heir making the
payment would be entitled to its return on the
principle of solution indebiti.
2. Where amount of legacy or devise exceeds debts
– the excess is not due, unless the testator clearly
intends that such excess be given as a legacy.
3. Where debt a natural obligation – if the testator
voluntarily orders the payment of a natural
obligation, the disposition is valid.
ALTERNATIVE LEGACIES AND DEVISES
Is one wherein various things are bequeathed but the
delivery of one of them to the legatee or devisee is
sufficient compliance.
Art. 940. In alternative legacies or devises, the choice is
presumed to be left to the heir upon whom the obligation to
give the legacy or devise may be imposed, or the executor
or administrator of the estate if no particular heir is so
obliged.
If the heir, legatee or devisee, who may have been given
the choice, dies before making it, this right shall pass to
the respective heirs.
Once made, the choice is irrevocable.
In the alternative legacies or devises, except as herein
provided, the provisions of this Code regulating obligations
of the same kind shall be observed, save such
modifications as may appear from the intention expressed
by the testator.
 Generic personal property – the legacy is valid
even if no property of the same kind exists in the
estate at the time of the testator’s death (Art. 941)
 Generic real property – the devise is void if there
be no property of its kind in the estate at the time
of the testator’s death. (Art. 941)
Art. 942. Whenever the testator expressly leaves the right
of choice to the heir, or to the legatee or devisee, the
former may give or the latter may choose whichever he
may prefer. (876a)
Art. 943. If the heir, legatee or devisee cannot make the
choice, in case it has been granted him, his right shall
pass to his heirs; but a choice once made shall be
irrevocable.
Limitations on the right:
a. The grantee cannot choose a thing which is
impossible, legally or physically, or which would
not have been intended by the testator.
b. The thing selected must be of medium quality.
LEGACY FOR EDUCATION AND SUPPORT
Art. 944. A legacy for education lasts until the legatee is of
age, or beyond the age of majority in order that the legatee
may finish some professional, vocational or general
course, provided he pursues his course diligently.
A legacy for support lasts during the lifetime of the legatee,
if the testator has not otherwise provided.
If the testator has not fixed the amount of such legacies, it
shall be fixed in accordance with the social standing and
the circumstances of the legatee and the value of the
estate.
If the testator or during his lifetime used to give the legatee
a certain sum of money or other things by way of support,
the same amount shall be deemed bequeathed, unless it
be markedly disproportionate to the value of the estate.
LEGACY OF PENSION OR INCOME
Art. 945. If a periodical pension, or a certain annual,
monthly, or weekly amount is bequeathed, the legatee
may petition the court for the first installment upon the
death of the testator, and for the following ones which shall
be due at the beginning of each period; such payment
shall not be returned, even though the legatee should die
before the expiration of the period which has commenced.
LEGACY OF A USUFRUCT
5
Art. 946. If the thing bequeathed should be subject to a
usufruct, the legatee or devisee shall respect such right
until it is legally extinguished.
PURE AND SIMPLE LEGACY OR DEVISE
Art. 947. The legatee or devisee acquires a right to the
pure and simple legacies or devises from the death of the
testator, and transmits it to his heirs.
Legacy or devise of a specific and determinate thing (Art.
948)
From the moment of the testator’s death, the legatee or
devisee acquires ownership of:
a. The property bequeathed or devised;
b. Growing (not those already gathered even if they
are still on the estate) fruits;
c. Unborn offspring of animals;
d. Uncollected income.
Legacy or devise of a generic thing (Art. 949)
The fruits and interest from the time of the death of the
testator shall pertain to the legatee or devisee IF THE
TESTATOR HAS EXPRESSLY SO ORDERED.
ORDER OF PREERENCE
Art. 950. If the estate should not be sufficient to cover all
the legacies or devises, their payment shall be made in the
following order:
(1) Remuneratory legacies or devises;
(2) Legacies or devises declared by the testator to be
preferential;
(3) Legacies for support;
(4) Legacies for education;
(5) Legacies or devises of a specific, determinate
thing which forms a part of the estate;
(6) All others pro rata.
Art. 951. The thing bequeathed shall be delivered with all
its accessories and accessories and in the condition in
which it may be upon the death of the testator. (883a)
Art. 952. The heir, charged with a legacy or devise, or the
executor or administrator of the estate, must deliver the
very thing bequeathed if he is able to do so and cannot
discharge this obligation by paying its value.
Legacies of money must be paid in cash, even though the
heir or the estate may not have any.
The expenses necessary for the delivery of the thing
bequeathed shall be for the account of the heir or the
estate, but without prejudice to the legitime. (886a)
Art. 953. The legatee or devisee cannot take possession
of the thing bequeathed upon his own authority, but shall
request its delivery and possession of the heir charged
with the legacy or devise, or of the executor or
administrator of the estate should he be authorized by the
court to deliver it. (885a)
Art. 954. The legatee or devisee cannot accept a part of
the legacy or devise and repudiate the other, if the latter
be onerous.
Should he die before having accepted the legacy or
devise, leaving several heirs, some of the latter may
accept and the others may repudiate the share
respectively belonging to them in the legacy or devise.
(889a)
Art. 955. The legatee or devisee of two legacies or
devises, one of which is onerous, cannot renounce the
onerous one and accept the other. If both are onerous or
gratuitous, he shall be free to accept or renounce both, or
to renounce either. But if the testator intended that the two
legacies or devises should be inseparable from each
other, the legatee or devisee must either accept or
renounce both.
Any compulsory heir who is at the same time a legatee or
devisee may waive the inheritance and accept the legacy
or devise, or renounce the latter and accept the former, or
waive or accept both. (890a)
Art. 956. If the legatee or devisee cannot or is unwilling to
accept the legacy or devise, or if the legacy or devise for
any reason should become ineffective, it shall be merged
into the mass of the estate, except in cases of substitution
and of the right of accretion. (888a)
Art. 957. The legacy or devise shall be without effect:
(1) If the testator transforms the thing bequeathed in
such a manner that it does not retain either the
form or the denomination it had;
(2) If the testator by any title or for any cause alienates
the thing bequeathed or any part thereof, it being
understood that in the latter case the legacy or
devise shall be without effect only with respect to
the part thus alienated. If after the alienation the
thing should again belong to the testator, even if it
be by reason of nullity of the contract, the legacy or
devise shall not thereafter be valid, unless the
reacquisition shall have been effected by virtue of
the exercise of the right of repurchase;
(3) If the thing bequeathed is totally lost during the
lifetime of the testator, or after his death without the
heir's fault. Nevertheless, the person obliged to pay
the legacy or devise shall be liable for eviction if the
thing bequeathed should not have been
determinate as to its kind, in accordance with the
provisions of Article 928. (869a)
Art. 958. A mistake as to the name of the thing
bequeathed or devised, is of no consequence, if it is
6
possible to identify the thing which the testator intended to
bequeath or devise. (n)
Art. 959. A disposition made in general terms in favor of
the testator's relatives shall be understood to be in favor of
those nearest in degree.
LEGAL OR INTESTATE SUCCESSION
(Art. 960-1014)
Art. 960. Legal or intestate succession takes place:
(1) If a person dies without a will, or with a void
will, or one which has subsequently lost its
validity;
(2) When the will does not institute an heir to, or
dispose of all the property belonging to the
testator. In such case, legal succession shall
take place only with respect to the property of
which the testator has not disposed;
(3) If the suspensive condition attached to the
institution of heir does not happen or is not
fulfilled, or if the heir dies before the testator,
or repudiates the inheritance, there being no
substitution, and no right of accretion takes
place;
(4) When the heir instituted is incapable of
succeeding, except in cases provided in this
Code.
Art. 961. In default of testamentary heirs, the law vests the
inheritance, in accordance with the rules hereinafter set
forth, in the legitimate and illegitimate relatives of the
deceased, in the surviving spouse, and in the State.
Rule: All compulsory heirs are legal heirs.
RULE ON PROXIMITY
Art. 962. In every inheritance, the relative nearest in
degree excludes the more distant ones, saving the right of
representation when it properly takes place.
Relatives in the same degree shall inherit in equal shares,
subject to the provisions of article 1006 with respect to
relatives of the full and half blood, and of Article 987,
paragraph 2, concerning division between the paternal and
maternal lines.
Exceptions to the rule on equal shares:
a. Full blood and half blood relatives
b. Right of representation
c. Legitimate and illegitimate children
 RELATIONSHIP
Is the blood or marriage tie uniting a person to another
person.
Art. 963. Proximity of relationship is determined by the
number of generations. Each generation forms a
degree.
Art. 964. A series of degrees forms a line, which may be
either direct or collateral.
A direct line is that constituted by the series of degrees
among ascendants and descendants.
A collateral line is that constituted by the series of
degrees among persons who are not ascendants and
descendants, but who come from a common ancestor.
Art. 965. The direct line is either descending or
ascending.
The former unites the head of the family with those who
descend from him.
The latter binds a person with those from whom he
descends.
Art. 966. In the line, as many degrees are counted as
there are generations or persons, excluding the
progenitor.
In the direct line, ascent is made to the common
ancestor. Thus, the child is one degree removed from
the parent, two from the grandfather, and three from the
great-grandparent.
In the collateral line, ascent is made to the common
ancestor and then descent is made to the person with
whom the computation is to be made. Thus, a person is
two degrees removed from his brother, three from his
uncle, who is the brother of his father, four from his first
cousin, and so forth.
Art. 967. Full blood relationship is that existing
between persons who have the same father and the
same mother.
Half blood relationship is that existing between
persons who have the same father, but not the same
mother, or the same mother, but not the same father.
Art. 968. If there are several relatives of the same degree,
and one or some of them are unwilling or incapacitated to
succeed, his portion shall accrue to the others of the same
degree, save the right of representation when it should
take place.
Situation: C’s only heirs is A and B, who don’t have any
representatives.
PREDECEASE, INCAPACITY, DISINHERITANCE of A,
A’s share will go to be not by right of accretion but in his
own right.
7
If A REPUDIATES, his share will go to B by Accretion,
even if A has representatives. An heir who repudiates
cannot be represented.
Art. 969. If the inheritance should be repudiated by the
nearest relative, should there be one only, or by all the
nearest relatives called by law to succeed, should there be
several, those of the following degree shall inherit in their
own right and cannot represent the person or persons
repudiating the inheritance.
 If both A and B will repudiate, the heirs of the next
degree shall inherit in equal shares in their own
right (PER CAPITA).
RIGHT OF REPRESENTATION
Art. 970. Representation is a right created by fiction of
law, by virtue of which the representative is raised to the
place and the degree of the person represented, and
acquires the rights which the latter would have if he were
living or if he could have inherited.
KINDS OF VACANCY WHERE THE RIGHT EXISTS:
1. Predecease
2. Incapacity
3. Disinheritance
 The right applies only to the descending line, not
to the ascending line (Art. 972).
 The representative inherit from the decedent, not
from the person represented. He is called to the
succession by the law, and not by the person
represented. (Art. 971)
 In order that representation may take place, it is
necessary that the representative himslf be
capable of succeeding the decedent. (Art. 973)
 If you are a representative – inheriting by right of
representation, your share is per stirpes (Art.
974)
ROSALES vs ROSALES – the spouse cannot represent
the husband in the estate of the in-laws.
SISON vs CA – in case of adoption, the relationship
created is only between the adopted and the adopter, it
does not include the relatives of the adopter – his parents
and other relatives.
Art. 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.
Art. 976. A person may represent him whose inheritance
he has renounced.
Art. 977. Heirs who repudiate their share may not be
represented.
Art. 984. In case of the death of an adopted child,
leaving no children or descendants, his parents and
relatives by consanguinity and not by adoption, shall be
his legal heirs.

ORDER OF INTESTATE SUCCESSION

Ascending direct line
Principles:
The ascending direct line is the second in the order of
1. The descending direct line is the first in the order succession. The parents inherit the entire estate in the
of intestate succession. (Art. 978) absence of relatives in the descending direct line to the
2. The ascending direct line is the second in the exclusion of collateral relatives but not the surviving
order of succession. spouse (Art. 985).
3. The rule of exclusion is still provided, the nearer
Art. 986. The father and mother, if living, shall inherit in
excludes the farther.
equal shares.
Order of succession to estate of a legitimate child
Should one only of them survive, he or she shall
1. Legitimate children and their legitimate succeed to the entire estate of the child.
descendants;
Art. 987. In default of the father and mother, the
2. Legitimate parents and other legitimate
ascendants nearest in degree shall inherit.
ascendants;
3. Illegitimate children and their ascendants, whether Should there be more than one of equal degree
legitimate or illegitimate; belonging to the same line they shall divide the inheritance
4. Surviving spouse,, without prejudice to the right of per capita; should they be of different lines but of equal
brothers and sisters, nephews and nieces; should degree, one-half shall go to the paternal and the other half
there be any; to the maternal ascendants. In each line the division shall
5. Collateral relatives up to the 5th degree of be made per capita.
relationship.
6. The State.  When the only survivors are the grandparents,
they inherit in their own right since there is no right
Order of succession to estate of an illegitimate child of representation.
1. Legitimate children and other legitimate Illegitimate children
descendants;
2. Illegitimate children and their descendants, The third in the order of succession, in the absence of
whether legitimate or illegitimate; other concurring compulsory heirs, they succeed to the
3. \illegitimate parents; entire estate of the decedent (Art. 988).
4. Surviving spouse;
Art. 989. If, together with illegitimate children, there should
5. Brothers and sisters, nephews and nieces, and
survive descendants of another illegitimate child who is
6. The State.
dead, the former shall succeed in their own right and the
latter by right of representation.
Art. 980. The children of the deceased shall always
inherit from him in their own right, dividing the  An illegitimate child who predecease the decedent
inheritance in equal shares. and who has a legitimate and illegitimate child can
Art. 981. Should children of the deceased and be represented by his legitimate and illegitimate
descendants of other children who are dead, survive, child (Art. 990).
the former shall inherit in their own right, and the latter  An illegitimate child can represent his parent in the
by right of representation. inheritance of an illegitimate grandparent.
Art. 982. The grandchildren and other descendants Art. 991. If legitimate ascendants are left, the illegitimate
shall inherit by right of representation, and if any one of children shall divide the inheritance with them, taking one-
them should have died, leaving several heirs, the half of the estate, whatever be the number of the
portion pertaining to him shall be divided among the
ascendants or of the illegitimate children.
latter in equal portions.

Art. 983. If illegitimate children survive with legitimate

children, the shares of the former shall be in the IRON-BAR RULE
proportions prescribed by Article 895.
Art. 992. An illegitimate child has no right to inherit ab
intestate from the legitimate children or relatives of his

8
father or mother; nor such children or relatives inherit in THE STATE
the same manner from the illegitimate child.
Art. 1011. In default of persons entitled to succeed, the
Reason – the law presumes the animosity existing STATE shall inherit the whole estate.
between the legitimate family and the illegitimate family.
CADUCIARY RIGHT – right of the state to succeed to the
Adoption – the legitimacy referred to in favor of an estate of a person who died without a will and without
adopted is only with respect to the adopted and the heirs, through ESCHEAT PROCEEDING. (art. 1012)
adopter.
Distribution and use of property escheated:
TABLE OF INTESTATE HEIR
After the State has been declared heir, debts and
Sole survivor (child, spouse, charges due from the estate shall first be paid.
Entire estate
parents)
Illegitimate children and (1) The State itself does not get the property. Under
½ each Art. 1013, the property sall be distributed as
spouse
Spouse and brothers and follows:
½ each
sisters/nephews and nieces
a. If he resided in the PH.
Legitimate children will get
Legitimate and illegitimate
twice as much as the share  Personal property – the municipality or city
children
of the illegitimate children
where the deceased last resided.
Illegitimate children ¼
surviving spouse ¼  Real property – the municipality or city which the
Legitimate parents 1/2 same is situated.

b. If the deceased NEVER resided in the PH. –

to the respective municipalities or cities the
Who would survive together? properties are located.
1. Parents are excluded by the presence of (2) if for the benefit of public schools, public charitable
legitimate children. institutions and centers, in those municipalities or
cities it is located.
2. Parents or children excludes the brother or sisters
and other collateral relatives. Art. 1014. If a person legally entitled to the estate of the
deceased appears and files a claim thereto with the court
3. Collateral relatives can concur with the spouse
within five years from the date the property was
4. Illegitimate parents are excluded by the presence delivered to the State, such person shall be entitled to
of children, whether legitimate or illegitimate. the possession of the same, or if sold, the municipality r
city shall be accountable to him for such part of the
SURVIVING SPOUSE proceeds as may not have been lawfully spent.
Surviving spouse only Entire estate
Spouse and legitimate
½ each PROVISIONS COMMON TO TESTATE AND
parents or ascendants
Spouse and illegitimate
½ each
INTESTATE SUCCESSION
children
½ Accretion – is a right by virtue of which, when two or more
Legitimate parents persons are called to the same inheritance, devise or
¼
Spouse
¼ legacy, the part assigned to the one who renounces or
Illegitimate children
cannot receive his share, or who died before the
Spouse and brothers and testator, is added or incorporated to that of his co-heirs,
½ each
sisters or their children co-devisees, or co-legatees. (Art. 1015)

Order of Priority:
Art. 1005. Should brothers and sisters survive together
with nephews and nieces, who are children of the 1. Institution
descendant’s brothers and sisters of the full blood, the 2. Substitution
former shall inherit per capita, and the latter per stirpes. 3. Representation
4. Accretion
Art. 1010. The right to inherit ab intestate shall not extend 5. Intestacy
beyond the fifth degree of relationship in the collateral line.

9
 TESTAMENTARY LEGAL SUCCESSION  Incapacity by reason of Unworthiness (Art.
SUCCESSION 1032)
1. There must be unity of Art. 1018. The share of the
object; person who repudiates the Art. 1033. The cause of unworthiness shall be without
2. Plurality of subjects; inheritance shall always effect if the testator had knowledge thereof at the time he
3. Vacant portion by accrue to his co-heirs. made the will, or if, having known of them subsequently,
reason of Predecease, he should condone them in writing.
incapacity, or 1. Repudiation
Repudiation, non 2. Incapacity
INSTITUTION OF THE SOUL – intended by the testator
fulfillment of suspensive
condition, or failure to for prayer and pious works for the benefit of his soul.
identify one particular
heir.  If no specification or in general terms – the
4. Acceptance of the executor shall deliver one-half thereof or its
vacant portion. proceeds to the church to which the testator
belongs and the other half to the State. (Art. 1029)
Only possible in the FREE Applicable to the ENTIRE
PORTION ESTATE. INSTITUTION OF THE POOR – in general or without
designation of persons or community, is deemed limited to
Art. 1021. In testamentary succession, If part repudiated is the poor living in the domicile of the testator at the time of
legitime, co-heirs inherit on their own right, not by his death. To be determined by:
accretion. Accretion takes place only in the free portion.
(1) The person appointed by the testator;
CAPACITY TO SUCCEED (2) Justice of the peace,
(3) The mayor
TESTAMENTARY LEGAL SUCCESSION (4) Municipal treasurer.
SUCCESSION
Art. 1024. All persons not incapacitated by law may Art. 1031. A testamentary provision in favor of a
succeed by will or ab intestate. disqualified person, even though made under the guise of
Juridical persons an onerous contract, or made through an intermediary,
shall be VOID.
As long as it is an entity
ONLY THE STATE.
whose CHARTER OF
CREATION allows the Art. 1040. The action for a declaration of incapacity and
same to succeed by will. for the recovery of the inheritance, device or legacy shall
be brought within five years from the time the disqualified
Art. 1039. Capacity to succeed is governed by the law of person took possession thereof.
the nation of the decedent.
ACCEPTANCE AND REPUDIATION OF INHERITANCE
Matters governed by the National law of the decedent:
1. The order of succession; Requisites:
2. Amount of successional rights; 1. it is made PURELY VOLUNTARY AND FREE
3. The intrinsic validity of testamentary dispositions; 2. knowledge of the fact of death of the decedent.
and 3. Irrevocable and cannot be impugned, except when
4. Capacity to succeed. it was made through any f the causes that vitiate
consent, or when an unknown will appears.
Kinds of Incapacity
Art. 1042. The effects of the acceptance or repudiation
(1) Absolute Incapacity – the heir cannot inherit at all shall always retroact to the moment of death of the
times. decedent.
(2) Relative Incapacity – the heir just cannot inherit ACCPATANCE REPUDIATION
under certain situations, or cannot just inherit from Minors/
Parents and
certain person (Testamentary succession). persons
Parents and guardians with
suffering
Guardians judicial
 Incapacity by Reason of Possible Undue under civil
authorization
Influence (Art. 1027) interdiction
 Incapacity by reason of Public policy or Lawful
Lawful representatives
Morality (Art. 1028) Corporations
representatives with court
approval

10
 The person excess, should there be any, shall in no case pertain to the
designated by the renouncer.
testator;
(Leviste vs CA)
Poor 1. justice of the CANNOT
peace; Art. 1053. If the heir should die without having accepted or
2. mayor; repudiated the inheritance his right shall be transmitted to
3. municipal
his heirs.
treasurer.
With the
Public official With the approval of Art. 1054. Should there be several heirs called to the
approval of the
establishments the government inheritance, some of tem may accept and the others may
government
Without the repudiate it.
Without the consent
Married consent of the
of the spouse
spouse COLLATION
Deaf-mute Personally or (Art. 1061-1077)
Personally or through
who can read through an
an agent Concepts:
and write agent
(1) Collation as a mathematical process
Deaf-mute
Guardian, with (2) Collation by way of imputation
who cannot Guardian
court approval (3) Actual reduction or abatement
read and write

Kinds of Acceptance Requisites:

1. Express acceptance – must be made in a public
or private document.
2. Tacit acceptance – one resulting from acts by
which the intention to accept is necessarily
implied, or which one would have no right to do
except in the capacity of an heir. (Art. 1049, 1050)
3. Presumed acceptance – Art. 1057
 Acts of mere preservation or provisional
administration do not imply an acceptance of the
inheritance if, through such acts, the title or
capacity of an heir has not been assumed.
(a) Existence of compulsory heirs
(b) Donation inter vivos
Art. 1071. The same things donated are not to be brought
to collation and partition, but only their value at the time of
donation, even though their just value may not have been
assessed.
Art. 1061. Every compulsory heir, who succeeds with
other compulsory heirs, must bring into the ass of the
estate any property or right which he may have received
from the decedent, during the lifetime of the latter, by way
of donation, or any gratuitous title, in order that it may be
computed in the determination of the legitime of each heir,
and in the account of the partition.

Modes of Repudiation (Art. 1051)
(1) By a public or authentic document;
(2) By a petition presented with the court having
jurisdiction over the testamentary or intestate
proceeding.
Imperial vs CA – our law on succession does not
countenance tacit repudiation of inheritance. Rather, it
requires an express act on the part of the heir. Thus, under
Art. 1051 of the Civil Code: the repudiation of an
inheritance shall be made in a public or authentic
instrument, or by petition presented to the court having
jurisdiction over the testamentary or intestate proceedings.
Art. 1062. Collation shall not take place among
compulsory heirs if the donor should have so expressly
provided, or if the done should repudiate the inheritance,
unless the donation should be reduced as inofficious.
Art. 1063. Property left by will is not deemed subject to
collation, if the testator has not otherwise provided, but the
legitime shall in any case remain unimpaired.
Art. 1064. Grandchildren surviving together with their
uncles and aunts, they shall bring to collation all that their
parents, if alive, would have been obliged to bring, even
though such grandchildren have not inherited the property.

Art. 1052. If the heir repudiates the inheritance to the Art. 1069. Any sums paid by a parent in satisfaction of the
prejudice of his own creditors, the latter may petition the debts of his children, election expenses, fines, and similar
court to authorize them to accept it in the name of the heir. expenses shall be brought to collation.

The acceptance shall benefit the creditors only to an

extent sufficient to cover the amount of their credits. The

11
What need not be collated?
1. Parents are not obliged to bring to collation in the
inheritance of their ascendants any property which
may have been donated by the latter to their
children. (Art. 1065)
2. Donations to the spouse of the child.(Art. 1066)
3. Expenses for support, education, medical
attendance, even in extraordinary illness,
apprenticeship, ordinary equipment, or customary
gifts. (Art. 1067)
4. Expenses incurred for professional, vocational or
other career.
Except:
a. The parents so provide; or
b. Unless they impair the legitime.
5. Wedding gifts by parents and ascendants
consisting of jewelry, clothing, and outfit, shall not
be reduced as inofficious.
Except: if they exceed 1/10 of the sum which is
disposable by will, meaning, it exceed 1/10 of the
free portion.
Reduction of Share
Art. 1073. The donee’s share of the estate shall be
reduced by an amount equal to that already received by
him; and his co-heirs shall receive an equivalent, as much
as possible, in property of the same nature, class and
quality.
Art. 1075. The fruits and interest of the property subject to
collation shall not pertain to the estate except from the day
on which the succession is opened.
PARTITION AND DISTRIBUTION OF
ESTATE
(Art. 1078-1105)
Testamentary succession - The second phase after the
will is admitted for probate and there are provisions in the
will for the distribution of estate.
Legal succession – after payments of all obligations,
charges then last also the partner.
Kinds of Partition:
1. One made during the lifetime of the decedent
(Partition Inter vivos)
2. One made after his death.
 He designated a person to effect the partition
 Affidavit of Self-adjudication if there is only one
heir;
 Extrajudicial partition
 In case of disagreement, if there is no debts,
directly file an ordinary civil action for partition;
12
 If there are debts, institute a Special Proceeding
for the settlement of estate. Intestate proceeding
where an administrator is appointed, the estate
would have to be liquidated and the properties
eventually distributed.
Art. 1078.before partition, the estate is owned in common.
Thus all of them cannot act without the consent of the
others.
Situation: In case of sale by one of the heirs:
Status of the sale – Valid with respect to his share
Exception: if it pertains to a specific portion – void,
because he is not the exclusive owner of that specific
portion.
Exception to the exception: if later on, that portion will be
the one adjudicated to him, he cannot impugn that the sale
was void because he is already barred by estoppel.
PARTITION – in general, is the separation, division and
assignment of a thing held in common among those to
whom it may belong. The thing itself may be divided, or its
value.
To effect partition under Rule 74, the following conditions
must concur:
1. The decedent left no will;
2. The decedent left no debts, or if there were debts
left, all had been paid;
3. The heirs are all of age, or if they are minors, the
latter are represented by their judicial guardian or
legal representatives;
4. The partition was made by means of public
instrument or affidavit duly filed with the Register
of Deeds.
Exception: PADA-KILARIO vs CA
 An extrajudicial partition not in a public instrument
but in a private document. In writing but not
notarized.
 Oral partition
 IT IS VALID IF THERE ARE NO CREDITORS
affected.
Is it covered by the Statute of Frauds? NO
Because partition among heirs, is not legally deemed a
conveyance of real property considering that it involves not
a transfer from one to the other but rather, a confirmation
or ratification of title or right of property that an heir is
renouncing in favor of another heir who accepts and
receives the inheritance.
Art. 1080.partition inter vivos made by the decedent 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.
Remedy: The parent can order that this one shall go to
this person along. And then pay the others in cash.
FUTURE INHERITANCE requisites:
1. That the succession has not yet been opened;
2. That the object of the contract forms part of the
inheritance;
3. That the promissor has, with respect to the object,
an expectancy of a right which is purely hereditary
in nature.
General rule: contracts involving future inheritance are
NOT VALID.
Exception: all things which are not outside the commerce
of an may be the object of a contract.
Exception to the exception: is partition inter vivos. It is
revocable.
JLT Agro vs Balansag – the transfer made by Don Julian
to JLT is VALID. Although there is already a Compromise
Agreement in favor of the 2nd family, which is in the nature
of a partition inter vivos, the execution of the assignment in
favor of JLT revoked the said partition.
There is no preterition, there is preterition when there is a
will and a compulsory heir in the direct line has been
omitted in the will. And based on the circumstances of the
case, suppose there is a will, there can still be no
preterition because the property is not only the property of
Don Julian.
What should be done before partition:
a. They should make an inventory of the property of
the estate; and
b. Notify the co-heirs, creditors, legatees and
devisees.
Art. 1082. Every act which is intended to put an end to
indivision among co-heirs and legatees or devisees is
deemed to be a partition, although it should purport to be a
sale, and exchange, a compromise, or any other
transaction.
Art. 1083. Every co-heir has a right to demand the division
of the estate unless the testator should have expressly
forbidden its partition, in which case the period of indivision
shall not exceed twenty years as provided in article 494.
This power of the testator to prohibit division applies to the
legitime.
13
Even though forbidden by the testator, the co-
ownership terminates when any of the causes for which
partnership is dissolved takes place, or when the court
finds for compelling reasons that division should be
ordered, upon petition of one of the co-heirs.
An action for partition is imprescriptible, it cannot be barred
by laches.
Exception: Prescription may apply if there is repudiation of
the co-ownership:
Requisites:
1. A co-owner repudiates the co-ownership;
2. Such act of repudiation is clearly made known to
the other co-owners;
3. The evidence thereon is clear and conclusive;
4. He has been in possession OCENP of the
property for a period required by law.
The Right of Legal Redemption
Art. 1088. Should any of the heirs sell his hereditary rights
to a stranger before the partition, any or all of the co-heirs
may be subrogated to the rights of the purchaser by
reimbursing him for the price of the sale, provided they do
so within the period of one month from the time they were
notified in writing of the sale by the vendor.
Exception:
1. Alonzo vs IAC – Actual knowledge (lived on the
same property) but he exercises the right of legal
redemption only more than 13 years after the sale.
Effects of Partition
Art. 1091. A partition legally made confers upon each heir
the exclusive ownership of the property adjudicated to him.
Art. 1092. After the partition has been made, the co-heirs
shall be reciprocally bound to warrant the title to, and the
quality of, each property adjudicated.
Art. 1093. The reciprocal obligation of warranty referred to
in the preceding article shall be proportionate to the
respective hereditary shares of the co-heirs, but if any one
of them should be insolvent, the other co-heirs shall be
liable for his part in the same proportion, deducting the
part corresponding to the one who should be indemnified.
Those who pay for the insolvent heir shall have a
right of action against him for reimbursement, should his
financial condition improve.
Art. 1094. An action to enforce the warranty among heirs
must be brought within ten years from the date the right of
action accrues.
No RECIPROCAL WARRANTY:
 (1) If the testator himself made the partition, unless it
impairs the legitime
(2) When it has been so expressly stipulated in the
agreement;
(3) When the eviction is due to a cause subsequent to
the partition or has been cause by the fault of the
distribute of the property.
Rescission and Nullity of Partition

Art. 1097. A partition may be rescinded or annulled for the

same causes as contracts.

Art. 1098. A partition, judicial or extra-judicial, may also be

rescinded on account of lesion, or when he receives things
whose value is less, by atleast ¼ than the share he is
entitled.

Art. 1100.period to file an action for rescission on the

ground of lesion – 4years from the time the partition was
made.

Art. 1104. A partition made with preterition of any of the

compulsory heirs shall not be rescinded, unless it be
proved that there was bad faith or fraud on the part of the
other persons interested; but the latter shall be
proportionately obliged to pay to the person omitted the
share which belongs to him.

Art. 1105. A partition which includes a person believed to

be an heir, but who is not, shall be void only with respect
to such person.

14