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Ruben Balane Succession Reviewer PDF
Ruben Balane Succession Reviewer PDF
transmitted:
1) universal
–
entire
patrimony
or
an
aliquot
part
2) particular
–
devise,
legacy
accdg
to
importance:
•
1) compulsory
2) testamentary
3) intestate
Parties:
• Decedent
o Testator
o Decedent
(intestate)
Successor
•
o Heir
o Devisee
or
Legatee
Rea Bautista
Patrick Manalo Balane:
Loraine Saguinsin • Only
transmissible
rights
and
obligations
pass
by
Naomi Quimpo succession
o Criterion:
if
the
rights
or
obligation
is
strictly
personal
(intuitu
personae),
it
is
intransmissible;
otherwise,
it
is
Succession Reviewer •
transmissible.
Pecuniary
obligations
must
be
paid
first
before
distributing
the
residue
of
the
estate
to
the
heirs.
Inside: Illustrative Problems by Mr. Patrick, Sample
Exam Questions, Answer Key and more!!!1 Union
Bank
vs.
Santibañez
(2005)
F:
Decedent
contracted
loans
during
his
lifetime.
After
decedent
died,
creditor
filed
an
action
for
collection
against
the
heirs.
H:
The
bank
should
have
filed
its
claim
in
the
probate
court
pursuant
to
Sec.
5,
Rule
86
of
the
Rules
of
Court.
The
filing
of
a
money
claim
against
the
decedent’s
estate
in
the
probate
court
is
mandatory.
Estate
of
K.H.
Hemady
vs.
Luzon
Surety
(1956)
F:
Lower
court
ruled
that
claims
filed
by
Luzon
Surety
against
decedent’s
estate
based
on
contracts
of
suretyship
entered
into
by
the
decedent
were
not
chargeable
because
death
extinguished
liability
as
surety/guarantor.
H:
Obligations
of
a
guarantor
are
transmissible.
Contracts
“Solvitur Ambulando” take
effect
only
between
parties,
their
assigns
and
heirs,
unless
they
are
intransmissible
by
their
nature,
by
stipulation
or
by
operation
of
law.
I. General Provisions
Alvarez
vs.
Intermediate
Appellate
Court
(1990)
Art.
774.
Succession
is
a
mode
of
acquisition
by
virtue
of
F:
A
judgment
ordering
decedent
to
return
the
lots
was
which
the
property,
rights
and
obligations
to
the
extent
of
entered
during
his
lifetime
but
was
not
executed
because
the
value
of
the
inheritance,
of
a
person
are
transmitted
he
sold
the
lots
to
a
3rd
person.
A
suit
for
recovery
of
the
through
his
death
to
another
or
others
either
by
his
will
or
lots
was
filed
against
the
heirs
of
seller.
by
operation
of
law.
(n)
2
H:
Liability
that
arose
from
the
sale
of
decedent
in
bad
Class
Notes:
faith
was
not
extinguished
by
his
death
and
was
passed
on
Kinds
of
Succession
to
his
heirs.
However,
the
heirs
are
only
liable
to
the
• according
to
moment
of
transmission:
extent
of
the
value
of
their
inheritance.
1) mortis
causa
2) inter
vivos
(none
in
PH
law,
only
donations)
Art.
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
1
Disclaimer:
All
photos
lifted
from
Google
images.
No
copyright
a
will,
he
is
also
called
the
testator.
(n)
infringement
intended.
2
provisions
recited
Art.
776.
The
inheritance
includes
all
the
property,
rights
Note:
and
obligations
of
a
person
which
are
not
extinguished
by
• Heir
can
sell
his
aliquot
share
but
not
specific
his
death.
(659)
property/physical
portion
of
property.
Otherwise,
it
is
only
pro
tanto
valid
(to
the
extent
of
seller’s
share)
[Lee
vs
RTC
(2007)]
Art.
777.
The
rights
to
the
succession
are
transmitted
3. The
heirs
have
the
right
to
be
substituted
for
from
the
moment
of
the
death
of
the
decedent.
(657a)
deceased
as
party
in
an
action
that
survives
Notes:
Bonilla
vs.
Barcena
(1976)
• Infelicitous
wording.
The
rights
to
the
succession
are
vested;
inheritance
transmitted
F:
Decedent,
during
her
lifetime,
filed
an
action
to
quiet
• CONSEQUENCES:
title.
During
the
pendency
of
the
case,
D
died
and
counsel
asked
that
her
heirs
be
substituted.
1. The
law
at
the
time
of
the
decedent’s
death
will
determine
who
the
heirs
should
be.
H:
The
heirs
may
be
substituted
to
the
deceased
party
because
upon
the
latter’s
death,
her
claim/rights
to
the
Uson
vs.
Del
Rosario
(1953)
land
were
not
extinguished
but
were
transmitted
to
her
heirs.
F:
Nebreda
died
in
1945
and
was
survived
by
his
wife
and
4
illegitimate
children.
Wife
brought
action
against
Note:
illegitimate
children
for
the
recovery
of
the
possession
of
• What
was
transmitted
was
the
right
to
prosecute
land
left
by
husband
on
the
theory
that
she
is
the
sole
heir.
the
action
Defense:
while
under
the
Old
CC
spurious
children
do
not
• If
there
is
dispute
as
to
who
are
the
legal
heirs,
have
successional
rights,
under
the
New
CC
they
are
must
first
establish
the
right
to
succeed
in
a
granted
the
same
status
as
natural
children
thus
entitled
separate
action
[Heirs
of
Yaptinchay
vs
Del
to
succeed
from
their
father’s
estate.
Rosario,
304
SCRA
18]
H:
The
right
granted
under
the
New
CC
cannot
be
given
Republic
vs.
Marcos
(2012)
retroactive
effect.
New
rights
have
retroactive
effect
only
when
they
do
not
prejudice
or
impair
vested
or
acquired
F:
Cases
for
reversion,
reconveyance
and
restitution
of
ill‐
rights
of
the
same
origin.
The
right
of
ownership
of
Wife
gotten
wealth
were
filed
against
persons
including
heirs
of
over
the
land
became
vested
in
1945
upon
decedent’s
Marcos
were
sought
to
be
dismissed
against
the
latter‐
death
because
of
Article
657
of
the
Old
Civil
Code
(now
mentioned
defendants.
777)
which
was
in
effect
at
the
time
he
died.
H:
Despite
the
finding
that
their
involvement
in
the
2. Ownership
passes
to
the
heir
at
the
very
alleged
illegal
activities
was
not
established,
they
should
moment
of
death
who
therefore,
from
that
be
maintained
as
defendants
because
the
case
is
an
action
moment,
acquires
the
right
to
dispose
of
his
that
survives
thus
it
is
imperative
that
the
estate
be
share.
represented.
As
to
Imelda
and
Bongbong,
they
are
the
executors
of
FM’s
estate,
and
as
to
Imee
and
Irene,
they
De
Borja
vs.
Vda.
De
Borja
(1972)
possibly
possess/ed
ill‐gotten
properties.
F:
Decedent
died
with
a
will.
Before
probate
of
his
will
and
Art.
778.
Succession
may
be:
to
end
suits
between
them,
D’s
son
by
his
first
marriage
(1)
Testamentary;
and
2nd
wife
entered
into
a
compromise
agreement
that
(2)
Legal
or
intestate;
or
2nd
wife
will
receive
P800,000
as
full
and
complete
(3)
Mixed.
(n)
payment
of
her
hereditary
share.
Art.
779.
Testamentary
succession
is
that
which
results
H:
Agreement
is
valid.
There
is
no
legal
bar
for
the
heir
to
from
the
designation
of
an
heir,
made
in
a
will
executed
in
dispose
of
her
share
immediately
upon
death
of
the
the
form
prescribed
by
law.
(n)
decedent
even
if
actual
extent
is
not
yet
determined.
The
agreement
is
a
sale
of
the
shares
and
not
a
settlement
of
Art.
780.
Mixed
succession
is
that
effected
partly
by
will
the
estate.
and
partly
by
operation
of
law.
(n)
Alfonso
vs.
Sps.
Andres
(2010)
Balane:
F:
Jose
inherited
subject
property
from
his
father.
This
• Some
inaccuracies:
was
assigned
to
him
in
a
Deed
of
Extrajudicial
Settlement.
o Did
not
mention
compulsory
Jose
sold
it
Sps
Andres.
o Mixed
is
not
really
a
type
of
succession
o No
definition
of
Legal/intestate
H:
The
transfer
is
valid
because
title
of
property
of
person
• Per
Agbayani,
our
Expert
in
Succession,
the
3
who
died
intestate
passes
at
once
to
his
heirs,
subject
to
Kinds
of
Succession
according
to
importance
are:
the
claims
of
administration
and
payments
of
debts
and
1. Compulsory
expenses.
2. Testamentary
3. Intestate