LEGAL OR INTESTATE SUCCESSION grandchild.
The parent is three degrees away
If the decedent left no will, legal succession
would ensue, so that the inheritance will be
distributed to the legal heirs of the decedent.
Even if there is a will, (1) if the entire
inheritance was not distributed in the will or (2)
there were no voluntary heirs that were
instituted in the will or (3) there are suspensive
conditions that were imposed in the will and
the conditions were not fulfilled in the will or (4)
that the instituted heirs will be incapacitated to
succeed the decedent or the testator then legal
or intestate succession may likewise ensue with
respect to the inheritance of the decedent.
Legal or intestate succession is governed by
several rules in the division of the inheritance:
1. The nearer in degree excludes the farther
one.
-if there is a relative in the first degree,
the relatives in the second degree are not
entitled to inherit, even if they are both
living.
Exception: When the rule on
representation will apply.
Proximity in relationship is determined by the
number of generations. Each generation is
called a degree. A series of a degree forms a
line. A line maybe descending line (direct line),
ascending line (direct line) or collateral line
(left or right). And we said that relatives in the
collateral line are entitled to inherit only
within the 5th degree of relationship. In the
direct line, there is no such limitation as
imposed by law.
Illustration: The child is one degree away from
the parent. The child is two degrees away
from the grandparent. The child is three
degrees away from the great grandparent. –
Direct ascending line.
The parent is one degree away from the child.
The parent is two degrees away from the
from the great grandchild. – direct descending
line.
Take note! Relatives in the collateral line, if
you are considered to be such relatives, you
must count from a common ancestor. How far
are you, in degree, from your brother or
sister? Magkapatid kayo. Ilan degree ang
pagitan niyo. So, you are originated from a
common ancestor- PARENTS. So, what you will
do when you compute the degree of
relationship in the collateral line you go up
first to the common ancestor.
Illustration: A and B magkapatid at ang parent
nila si P. So, A aakyat muna kay P, that is one
degree. Then, baba kay B, that is one degree.
So, brothers and sisters are two degrees apart
in relationship.
Your uncles or aunts. Maaari sigurong kapatid
ng nanay mo or kapatid ng tatay mo.
Nanggaling ba kayo sa common ancestor?
The Answer: Yes, don sa parent ng tatay or
mama mo which is your grandparent. So,
what will you do to compute the degree of
relationship from your uncles and aunts.
-from child aakyat sa parent = 1 degree
-from the parent aakyat sa grandparent = 1
degree
-then, baba don sa uncle or aunt mo = 1
degree
-total of 3 degrees away in relationship from
your uncles or aunts.
First degree Cousins. A and B magkapatid. Si A
may anak na si X. Si B meron siyang anak na si
Y.
-Aakyat si X don kay A = 1 degree
-Aakyat si A don sa parent niya = 1 degree
-Parent ni A & B, baba don kay B = 1 degree
-From B baba kay Y = 1 degree
-So, the relationship of X and Y are 4 degrees
apart.
-You are 4 degrees apart from your cousin
 Full blood relationship and half-blood
relationship of brothers and sisters
Full blood brothers and sisters - they have the
same father and the same mother
Half-blood brothers and sisters – they may
have the same father but different mothers or
they may have the same mother but different
fathers.
2. Rule of accretion
Heirs in equal degree.
Illustration: A, B, C, D and E magkapapatid.
Namatay yong parent nila, edi lahat sila
magmamana. Si E repudiated yong kaniyang
mana, hindi niya tinanggap. Si E wala siyang
anak. Yong share niya ay mapupunta kila A, B,
C, and D. Divided equally.
-The share of the person who is incapacitated
to inherit, who repudiates the inheritance,
who predeceased the decedent and who do
not have legitimate children or illegitimate
children ay accretion will ensue with respect
to the remaining brothers and sisters.
Exception: If the right of representation shall
apply.
Kunyari in our example above, when E has a
children, X and Y. So, si X and Y ang
magmamana, not on their own right but as
representatives of E. The right of
representation as provided for by law, it 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.
Take note! The right of representation will
only apply in the (1) direct descending line. It
could not apply in the direct ascending line.
(2) In the collateral line, it also apply in favor
of children of brothers or sisters in case the
brother or the sister should have inherited
from another brother or sister.
Illustration: In our example, A, B, C, D and E.
Yong parents nila namatay pati si E namatay
na rin. Si E may anak, si X and Y. So, si A, B, C,
and D will inherit per capita. Si X and Y will
inherit per stirpes.
-per stirpes - yong share nila hindi gaya ng
share nila A, B, C and D. ang paghahatian nila
ay yong share ni E kaya per stirpes. If inherit
by way of representation.
-per capita – yong share nila A, B, C and D kasi
nga equally divided. if they all belong to the
same degree.
The representative is not inheriting to the
person whom he represents but instead from
the decedent.
Order of INTESTATE SUCCESSION
1. Direct Descending line.
Illustration: pagparent yong namatay
baba ka muna sa children either
legitimate or illegitimate,
grandchildrend and great
grandchildren.
Take note! Bago ka aakyat sa direct ascending
line, tignan mo muna kung may magmamana sa
direct descending line.
Legitimate Children = Legitimated Children =
Adopted Children – they will all inherit equal
shares
Illegitimate Children = ½ of the share of a
legitimate child
Article 984 of the Civil Code – has already been
amended when it comes to the inheritance of
the adopted child.
2. Direct Ascending Line.
- Parent > Grandparent> Great Grandparent
Article 985 of the Civil Code - In default of
legitimate children and descendants of the
deceased, his parents and ascendants shall
inherit from him to the exclusion of collateral
relatives.
Take note! Yong mga collateral relatives,
standby lang sila, hindi pa sila magmamana
kapag meron pang mga relatives in the relatives
in the direct descending or ascending line.
Article 986 of the Civil Code. The father and
mother, if living, shall inherit in equal shares.
- kasi kung father na lang or mother ang buhay
accretion will take place. At yong entire
inheritance will accrue to the surviving parent.
Paano kung single siyang namatay, wala na rin
siyang parents, sino magmamana? Yong mga
grandparents. So, how will be the inheritance
be divided? Pagbuhay lahat – 50% will go to
paternal line and 50% will go to maternal line.
Eh pano pagtatlo na lang nabubuhay sa
grandparents? Dalawa sa paternal and isa sa
maternal? Ganon rin pa rin ang division. 50% -
sa maternal and 50% sa paternal.
Eh pagtig isa na lang sa maternal at paternal,
ganon pa rin ang division.
Eh wala na sa maternal, dalawa sa paternal.
Anong mangyayari? Accretion will take place –
the entire inheritance will go to the
grandparents paternal line.
TAKE NOTE! The nearer in degree excludes the
farther one.
Kapag wala ng mga grandparent aakyat ka
ngayon sa great grandparent. Ganon din ang
mangyayari kasi wala tayong right of
representation.
Illegitimate Children
Pagwalang legitimate children, walang
legitimate ascendants at walang surviving
spouse the entirety of the estate will go to the
illegitimate children.
Pagka may na pre-deceased na illegitimate child
yong anak ng pre-deceased na illegitimate child
ay entitled to represent their parents. The right
of representation will also apply to them. Kasi
direct descending line pa rin yon.
Paano pag ang meron lang ay legitimate parents
or ascendants at illegitimate children? ½ will go
to the legitimate parents or ascendants and ½
of the estate will go to the illegitimate children.
Paano pag legitimate ascendants, wala ng
parent yong namatay, great grandparent at
tsaka illegitimate children niya, dalawa?
Nakalimutan niyang pakasalan yong common
law wife niya. Hindi magmamana yong asawa
niya kasi ang common law spouse is not a
surviving spouse. Kasi hindi siya blood relative.
Ang mga anak nila puro illegitimate. So, ang
magmamana ay yong mga illegitimate child.
Kaya ang hatian ay ½ mapupunta don sa great
grandparent at ½ matitira don sa illegitimate
children.
Take note! Article 992 of the Civil Code. 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.
-inherit ab intestato – by intestate succession
-Illegitimate children hindi makakapagmana sa
mga legitimate children and so with legitimate
children hindi makakapagmana sa illegitimate
children.
Take note – preparation, reserva troncal and
Article 992. Palaging lumalabas sa bar.
Art. 993. If an illegitimate child should die
without issue, either legitimate or illegitimate,
his father or mother shall succeed to his entire
estate; and if the child's filiation is duly proved
as to both parents, who are both living, they
shall inherit from him share and share alike.

Paano pag namatay yong illegitimate children

na wala siyang anak at parents na pero meron
siyang surviving spouse? Meron siyang mga
brothers and sisters.
-50% will go to the surviving spouse and 50%
will go to the brothers and sisters, excluding
brothers and sisters don sa legitimate family.

Take note! If the right of representation will not

apply, the rule of accretion will apply.