Article 962.

BASIC PRINCIPLES OF INTESTATE SUCCESSION:

✓ in every inheritance, the relative nearest jn 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, eubject to the provisions with respect to
relatives of the full and half blood, and of concerning division between the paternal and maternal lines

Article 963.
HOW TO DETERMINE THE PROXIMITY OF RELATIONSHIP?
✓ proximity of relationship shall be determined by the number of generations, each generation forms a
degree

Article 964.
WHAT IS A SERIES OF DEGREES?
✓ a series of degrees forms a line, which may be either direct or collateral

WHAT IS A DIRECT LINE?

✓ is that constituted by the series of degrees among ascendants and descendants

WHAT IS COLLATERAL LINE?

✓ is that constituted by the series of degrees among persons who are not ascendants and descendants,
but who come from common ancestor

Article 966.
HOW TO COMOUTE THE DEGREES IN THE RELATIONSHIP?
✓ 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 comoutation is to be made, thus a person is two degrees removed from his brother, three
frim his uncle who is the brother of his father, four from his first cousing, and so forth

Article 970.
WHAT IS A RIGHT IF REPRESENTATION?
✓ it is a right created by fiction of law, by virtue of which the representative is raised to the olace and the
degree of the person represented, and acquires the rught whuch the katter would have if he were living
or if he could have inherited

WHEN DOES RIGHT OF REPRESENTATION EXIST?

1. Predecease
2. Incapacity
3. Disinheritance
WHAT DOES REPRESENTATION COVERS?
✓ the representative succeeds not only to the properties and rights of the decedent, but also to all the
latter's transmissible obligation

Article 971.
TO WHOM DOES THE REPRESENTATIVE INHERITS?
✓ the representative does not succeed the person represented but the one whom thebperson
represented would have succeeded
Article 972.
WHERE THE RIGHT IF REPRESENTATION TAKES PLACE?
✓ it takes place in the direct descending line, but never in the ascending line
In the collateral line, it takes place only in favor of the children of brithers or sisters, whether full or
half blood
Article 973.
WHAT IS THE REQUIREMENT IN ORDER THAT THE REPRESENTATIVE WILL HAVE THE CAPACITY TO
INHERIT?
✓ in order that representation may take place, it is necessary that the representative himself be capable
of succeeding the decedent

Article 977.
CAN THE HEIR WHO REPUDIATE/RENOUNCES ITS SHARE BE REPRESENTED?
✓ heirs who repudiate/renounces their share may not be represented
Article 978.
WHAT IS THE ORDER OF INTESTATE SUCCESSION TO THE ESTATE OF A LEGITIMATE CHILD?
1. Legitimate children and their legitimate descendants
2. Legitimate parents and other legitimate ascendants
3. Illegitimate children and their descendants, whether legitimate or illegitimate
4. Surviving spouse, without prejudice to the rights of brothers and sisters, nephews and nieces should
there be any
5. Collateral relatives up to 5th degree of relationship
6. State

WHAT IS THE ORDER OF INTESTATE SUCCESSION TO THE ESTATE OF AN ILLEGITIMATE CHILD?

1. Legitimate children and other legitimate descendants
2. Illegitimate children and other descendants
3. Illegitimate parents
4. Surviving spouse
5. State

Article 984.
WHO ARE THE LEGAL HEIRS TO THE ESTATE OF AN ADOPTED CHILD?
✓ in case of 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

Article 985.
WHO SHALL INHERIT IN CASE THER IS DEFAULT OF LEGITIMATE CHILDREN AND DESCENDANTS OF THE
DECEASED?
✓ his legitimate parents and ascendants shall inherit from him, to the exclusion of collateral relatives

Article 988.
WHO SHALL INHERIT IN THE ABSENCE OF LEGITIMATE DESCENDANTS AND ASCENDANTS?
✓ the illegitimate children shall succeed to the entire estate if the deceased
 Article 992.
WHAT DOES THE BARRIER BETWEEN THE LEGITIMATE AND THE ILLEGITIMATE FAMILIES MEAN?
✓ an illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his
father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child

WAHT IS THE REASON FOR THE BARRIER?

✓ the illegitimate child is disgracefully looked down upon by the legitimate family; the legitimate family
is in turn, hated by the illegitimate child; the illegitimate family considers the privileged condition of the
legitimate child, and the resources of which it is thereby deprived; the legitimate family, in turn, sees in
the illegitimate child nothing but the product of sin, palpable evidence of blemish broken in life; the law
does no more than recognize this truth, by avoiding further grounds of resentment
Article 995.
WHO SHALL INHERIT IN THE ABSENCE OF LEGITIMATE DESCENDANTS AND ASCENDANTS, AND
ILLEGITIMATE CHILDREN AND THEIR DESCENDANTS?
✓ the surviving spouse shal inherit the entire estate, without prejudice to the rights of brotherz and
sisters, nephews and nieves, should there be any

Article 1001.
WHAT IS THE SHARE OF THE SURVIVING SPOUSE SHOULD BROTHERS AND SISTERS OR THEIR CHILDREN
SURVIVE WITH THE WIDOW OR WIDOWER?
✓ the surviving spouse bshall be entitled to 1/2 of the inheritance and the brithers and sisters or their
children to the other half
Article 1003.
WHO SHALL INHERIT IF THERE IS NO DESCENDANTS, ASCENDANTS, ILLEGITIMATE CHILDREN, OR A
SURVIVING SPOUSE?
✓ the collateral relatives shall succeed to the entire estate of the deceased

Article 1004.
WHAT WILL BE THE SHARE SHOULD THE ONLY SURVIVORS BE BRITHERS AND SISTER OF THE FULL-BLOOD?
✓ they shall inherit in equal share

Article 1011.
WHO SHALL INHERIT IN DEFAULT OF PERSONS ENTITLED TO SUCCEED?
✓ the state shall inherit the whole estate

Article 1012.
HOW SHALL THE STATE INHERIT THE ESTATE OF THE DECEASED?
✓ in order that the estate may take possessiin of the estate of the decease the pertinent provisions of the
rules of court must be observed

WHAT IS AN ESCHEAT?
✓ it refers to succession by the state to property considered ownerless for lack of competent legal heirs
✓ being and attribute of sovereignty, rests on the orinciple that ultimately it is the state that owns all
property within its territorial jurisdiction

Article 1013.
HOW ESTATE INHERITED BY THE STATE IS DISTRIBUTED?
Article 1014.
WHAT IS THE RULE FOR THE LEGAL HEIR TO FILE CLAIM AND WHST WILL HE BE ENTITLED OF?
✓ if a person legally entitled tot he estate of the deceased appears and files a claim with the court within
5 years from the date the orooerty was delivered to the state, such persin sgall be entitled to the
possession of the same, or if sold, the municipality or city shall be accountable to him for such part of the
proceeds as may not have been lawfully spent

Article 1015.
WHAT IS ACCRETION?
✓ is a right by virtue of which, when two or more persons are called to the same inheritance, devise or
legacy, the part assigned to the one who renounces, or cannot receive his share, or who died before the
testator, is added or incorporated to that of his co-heirs, co-devisees, or co-lagteess

WHAT IS THE REASON FOR ACCRETION?

✓ accretion is a right based on the presumed will of thr deceased that he prefers to give certain properties
to certain individuals, rather than to his legal heirs

HOW ACCRETION MAY BE AVOIDED?

✓ accretion, which folliws the decedent's implied desires may be avoided by the deceased himself -
1. By expressly designating a substitute
2. By expressly providung that although a cretion may take place, still he does nit want a cretion to
occur, that is, he desires no accretiin in favor of those who ordinarily would be entitled to it

WHAT ARE THE REQUISITES FOR ACCRETION?

1. Unity of object
2. Pluraluty of subjects
3. Vacant portion
4. Acceptance
WHAT ARE THE ADDITIONAL INSTANCES WHEN ACCRETION MAY TAKE PLACE?
1. If a suspensive condition is not fulfilled
2. If there is failure to identify one particular heir, devisee, or legatee but the others can be identified

Article 1017.
WHAT IS EARMARKING?
✓ when the words "one-half for each" or "in equal shares" or any ithers which, though designating an
aliquot part, do not identify it by such description as shall make each heir the exclusive owner of
determinate prooerty, shall not exclude the right of accretion
In case of money or fungible goods, if the share of each heir is not embarked, there shall be a right of
accretion
Article 1022.
RULE WHEN ACCRETION DOES NOT TAKE PLACE
✓ the vacant portiin of the instituteds, if no substitute has been designated, shall pass to the legal heirs
of the testaot, who shall receive it with the same charges and obligations

Article 1023.
WILL ACCRETION TAKES OLACE AMONG DEVISEES, LEGATEES AND USUFRUCTUARIES?
✓ yes, unser the same conditions established for heirs

Article 1024.

WHAT IS CAPACITY TO SUCCEED?

✓ it is the ability to inherit and retain property obtained mortis causa

WHAT ARE THE KINDS OF INCAPACITY TO SUCCEED?

1. Absolute - can never inherit from.anybody regardless of circumstances
2. Relative - cannot inherit only from certain persins or certain properties, but can inherit from others
or certain other properties; 3 kinds of relative incapacity:
a. Because of possible undue influence
b. Because of public policy and morality
c. Because of unworthiness

Article 1025.
TWO CLASSES OF PERSONS WHO ARE ABSOLUTELY INCAPACITATED TO SUCCEED:

REQUISITES FOR CAPACITY TO INHERIT

Article 1027.
WHO ARE INCAPABLE OF SUCCEEDING?
 Article 1029.
INSTITUTION OF THE SOUL

WHAT IS THE RULE ON DISPOSITION FOR PRAYERS AND PIOUS WORKS?

WHAT ARE THE ESSENTIAL REQUISITES FOR THE DISPOSITION FOR PRAYERS AND PIOUS WORKS?
1. Disposition is for orayers and pious works
2. Dislosution is in general terms
3. Disposituin does not specify its alolication

Article 1030.
WHAT IS DISPOSITION IN FAVOR OF THE POOR?

Article 1031.
WHAT IS THE RULE ON DISPOSITION IN FAVOR OF A DISQUALIFIED PERSON?
✓ a testamentary provision in favor of a disqualified person, even though made under the guise of an
onerous contract, or made through an intermediary, shall be void

WHAT IS THE PURPOSE?

✓ to orohibit the testator from violating indirectly what he cannot violate directly
HOW THE INTERPOSITION OF A THIRD PARTY MAY BE DONE?
1. If the disposition is gisguised as an onerous contract
2. If fictious debts are ordered paid
3. If an intermediary is interposed

Article 1032.
WHO ARE INCAPABLE OF SUCCEEDING BY REASON OF UNWORTHINESS?
Article 1036.
WHAT IS JUDICIAL ORDER OF EXCLUSION?

Article 1039.
WHAT LAW SHALL GOVERN FORBTHE CAPACITY TO SUCCEED THE DECEDENT?
✓ capacity to succeed is giverned by the law of the nation of the decedent
 Article 1042.
WHAT IS THE EFFECT OF THE ACCEPTANCE OR REPUDIATION
✓ the effects of the acceptance or repudiation shall always retroact to the moment of the death of the
decedent

WHAT IS THE PURPOSE OF THE LAW?

✓ to lrevent any stage where the property will be without an owner and possessor

Article 1043.
WHAT IS THE RULE ON ACCEPTANCE OR REOUDIATION OF AN INHERITANCE?
✓ no person may accept or repudiate an inheritance, unless he is certain of the death of the oersin from
whim he is to jnherit, and of his right to the inheritance

Article 1044.
WHO MAY ACCEPT OR REPUDIATE?
Article 1048.
WHAT IS THE RULE ON DEAF-MUTES?

Article 1049.
WHAT ARE THE KINDS OF ACCEPTANCE
Article 1050.
WHAT ARE THE INSTANCES OF IMPLIED/ DEEMED ACCEPTANCE?

Article 1052.
RULE WHEN HEIR REOUDATES THE INHERITANCE TO THE PREJUDICE OF HIS OWN CREDITOR

Article 1053.
WHEN RIGHT TO ACCEPT OR REPUDIATE IS TRANITTED TO HEIRS OF THE HEIR
✓ if the heir should die without having accepted or repudiated the inheritance his right shall be
transmitted to his heirs
 Article 1054.
RULE IF THERE ARE SEVERAL HEIRS
✓ should there be several heirs called to the inheritance, some of them may accept and the others may
repudiate

Article 1055.
RULES IF IT IS REPUDIATION AS TESTAMENTARY HEIR OR INTESTATE HEIR

Article 1056.
RULE AS TO IRREVOCABILITY OF ACCEPTANCE OR REPUDIATION

Article 1057.
WHEN ACCEPTANCE OR REPUDIATION MUST BE SIGNIFIED TO THE COURT
Article 1058.
WHAT GOVERNS THE POWERS AND DUTIES OF EXECUTORS AND ADMINISTRATORS OF THE ESTATE OF
THE DECEASED?

WHO IS AN ADMINISTRATOR PENDENTE LITE OR SPECIAL ADMINISTRATOR?

✓ onw who is appointed in the meantimebto take charge of the estate, where there is a delay in the
appointment of the regular executir or administrator

WHAT IS THE ORDER OF PREFERENCE FOR APPOINTMENT OF REGULAR ADMINISTRATOR?

WHAT IS THE MEANING OF COLLATION?

Article 1061.
RULE AS TO COLLATION BY COMPULSORY HEIRS

Article 1062.
WHEN COLLATION DOES NOT TAKES PLACE AMONG COMPULSORY HEIRS

Article 1078.
RULE WHEN THERE ARE TWO OR MORE HEIRS BEFORE PARTITION (co-heirship)
✓ where there are two or more heirs, the whole estate of the decedent is, before its partition, owned in
common by such heirs, subject to the payment of debts of the deceased
WHAT IS SUMMARY ADJUDICATION THROUGH AN AFFIDAVIT
Article 1079.
WHAT IS PARTITION?
✓ 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

WHAT ARE THE KINDS OF PARTITION

Article 1081.
RULE AS TO PERSON INTRUSTED THE POWER TO MAKE THE PARTITION

WHAT IS MANDATARY
✓ the person entrusted to make the partition; it should not be a co-heir
Article 1082.
WHEN PARTITION IS EFFECTED?
✓ every act which is intended to out 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, an exchange, a compromise, or any
other transaction

Article 1083.
WHEN PARTITION CAN BE DEMANDED?

Article 1084.
WHEN VOLUNTARY HEIRS CAN DEMAND THE PARTITION

Article 1088.
WHAT IS LEGAL REDEMPTION BY CO-HEIRS
REQUISITES FOR LEGAL REDEMPTION BY CO-HEIRS

WHAT ARE THE EFFECTS OF PARTITION

Article 1094.
WHAT IS THE PRESCRIPTION OF THE WARRANTY AMONG CO-HEIRS

Article 1096.
WHEN DOES WARRANTY AMONG CO-HEIRS CEASES
Article 1098.
RULE ON RESCISSION ON ACCOUNT OF LESION

Article 1099.
WHEN PARTITIIN BY TESTATOR CAN BE RESCINDED BECAUSE OF LESION

Article 1100.
WHEN TO FILE AN ACTION FOR RECESSION

Article 1101.
OPTION OF THE SUING HEIR

Article 1102.
WHEN NO RESCISSION CAN PROSPER
Article 1103.
RULE ON PRETERITION OF OBJECTS IN THE PARTITION

Article 1104.
RULE ON PRETERITION OF COMPULSORY HEIRS IN THE PARTITION

Article 1105.
RULE AS TO INTRUSION OF A STRANGER IN THE PARTITION