- 10M to UP

- 10M to her best students from 1988 to death

○ 1 Million each
- 10M SBCA office of legal aid
- 2M for Tahanang Walang Hagdan (32 at this point)
- 8M for son
- 10M for husband again

Another option?
- Just want both of them to inherit the entire amount?
- Just to both of them? YES
- Can just not do will, and leave to both
- The entire estate goes to the compulsory heirs
Law on succession
- Animated by a uniform general intent

No part should be rendered inoperative by, but must be construed in

relations to
Any part as to produce a harmonious whole.
Family Relations
- Under the family code, Family Relations, which serve as the
primary basis for succession, excludes relations by affinity.
Succession Article 774 Speaks of mortis causa, which defines the term
Mortis
Causa Important Elements of the Definition
1. Mode of acquisition (ownership)
2. Transfer of property, rights and obligations
a. to the extent of the value of the inheritance of the person
b. Person = grantor, transferor, decedent, testator, intestate
3. Transmission through death
4. Transmission to another
a. Grantee
b. Transferee
c. Heir
d. Legatee
e. Devisee
5. By Will or by Operation of Law
a. Will = testamentary
b. Law = Legal Succession
Bases for Succession
1. Natural Law = obliges person to provide for those he would
leave behind
a. Consequence of family relations
b. Recognition of natural law of consanguinity or blood
c. Natural affection
2. Socioeconomic postulate
a. Prevent wealth from becoming stagnant
b. Enable social economy to be firm
3. Implicit attributes of ownership
a. Imperfect if person not allowed to dispose of property
b. Disposal takes effect in death
c. Consequence of right to property

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.
Person whose estate is to be distributed
1. Testator = left a will
2. Intestate - left no will
Article 776 The inheritance includes all the property, rights and obligations of a
person which are not extinguished by his death.
Inheritance v Succession

Inheritance
- property or right acquired
Succession
- Manner by virtue of which property or right is acquired
 Inheritance in American Law
- Succession = descent
- Title by descent = title by which one person on death of another
acquires the estate of latter as his heir at law

Administration VS Succession
Administration
- Dealing with deceased person's property according to law
Succession
- Transferring to it beneficially

Inheritance Includes?
1. Property
2. Rights not extinguished by death
3. Obligations not extinguished by death
TO THE EXTENT OF THE VALUE OF THE INHERITANCE

PROPERTY Property
- Real
- Personal
- Accessions to property, accruing thereto from moment of death
to time of actual receipt

WHY? Ownership transferred at moment of death

- Human corpse not property = not part of estate
- Without prejudice to RA 349, amended by RA 1056
○ Under certain conditions
○ Grant certain entities
○ Person's organs after death

PROPERTIES NOT BELONGING TO THE ESTATE, EXCLUDED

- Not part of inheritance
- Important to determine ownership of properties involved
RIGHTS Some extinguished by death, some not

Extinguished by death
- Not part of estate
- Intransmissible personal rights
○ Family rights
○ Marital and parental authority
○ Support
○ Action for legal separation
○ Partnership
○ Agency
○ Life annuity
- Right to claim acknowledgment or recognition as natural child
- Right to hold public or private office or job

Not Extinguished by death

- Part of estate
- Right to bring or continue action for forcible entry / unlawful
detainer
- Right to compel the execution of document necessary for
convenience
○ Provided contract is valid and enforceable under statute
of frauds
- Right to continue lease contract either as lessor or lessee
○ Unless otherwise provided by contract
○ If lessee-heir continues as less = pay rent that fell due; his
own obligation na
- Property right in an insurance policy
○ Interest of a beneficiary in a life insurance policy is a
vested interest
 If designation of beneficiary irrevocable
 Transmissible by hereditary succession
Article 777 The rights to the succession are transmitted from the moment of the
death of the decedent.

I am the eldest child

- She passes away
- Properties rights
- Testatrix = girl / boy = testator
No will = decedent

Q:
- Assuming that were the case
- That she died, as my mother
- She passes away
- Say at 630 pm she dies
- It is now 730
- Can i sell property?
- Yes ???

Q1
- Assuming that we are children
- 5 children
- We would want to partition the property
- Pending the partition
- Mr. Sy cannot wait for us to partition it
- He sells
- Valid ? Valid up to portion?
- Co-ownership
- ONLY TO EXTENT OF INHERITANCE

It is not upon resolution of partition

- Not dependent upon resolution or partition
- At the time of death,
- The rights ahve already transmitted

Q3 in bar exam
- Wife passed away
- Left behind spouse
- Left behind 2 kids
- Case where these three are compulsory heirs
- Husband sold entire property
- Is it valid?
A: Sale is valid but only to extent of share of spouse

Q you inherited your Lolo's property

- Dad didn't register it but he inherited from lol
- You want the title for it
- Estate tax of your father and grandfather has to be paid?
- So like, title it

NEMO DAT QUOD NON HABET

- You cannot give what you do not have
Article 778 Succession may be:
1. Testamentary;
2. Legal or Intestate;
3. Mixed
TESTATE SUCCESSION
- HALF OF PIE
- FREE PORTION AND THE LEGAL COMPULSORY ONE

What is mixed succession

Article 779 Testamentary succession is that which results from the designation
of an heir, made in a will executed in the form prescribed by law
Article 780 Mixed succession is that effected partly by will and partly by
operation of law
Article 781 The inheritance of a person includes not only the propety and
transmissible rights and obligations existing at the time of his death,
but also those which have accrued thereto since the opening of the
succession.
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 person to whom gifts of real and personal
property are respectively given by virtue of a will.