GENERAL PROVISIONS ON INTESTATE SUCCESSION III.

Basic principles in intestate succession (Art 962)

I. Definition – legal or intestate succession is the kind of succession A. Proximity rule
prescribed by law which takes place when the expressed will of the 1. GR: relative nearest in degree excludes the more
decedent has not been set down in a will. distant ones
(NOTE: It is called legal because its terms are fixed by law; and it is called 2. XPN: when representation is proper
intestate because it takes place when there is no will or no particular B. Rule of equal division
disposition of property) 1. GR: relatives of same degree inherit in equal shares;
FORCED SUCCESSION TESTATE SUCCESSION INTESTATE SUCCESSION per capita
Refers to the legitime; Made by will, in Made by operation of law; 2. XPN
occurs regardless of the compliance with the rules follows the presumed will of • Between relatives of full and half-blood (Art
decedent’s desire on legitime the decedent 1006) – former is entitled to a share double
Most superior - Least superior that of the latter
II. When it takes place (Art 961) (NOTE: Referred to as the principle of double
A. Person dies: share)
1. Without a will – no will • Between people in the ascending line that are
2. With a void will – lacks essential requisites; or denied of equal in degree, but of different lines – per
probate stirpes
(NOTE: For intestate heirs to inherit on this ground, there • Representation – per stirpes
must first be a declaration of the nullity or positive C. Preference of lines (Art 987) – relatives in the direct line
disallowance) (↓↑) are preferred over the relatives in the collateral line
3. With a will which has subsequently lost its validity – (←→)
revoked or ineffective 1. Descendants
B. Will does not institute an heir to, or dispose of all the 2. Ascendants
property belonging to the testator 3. Collaterals
C. Suspensive condition attached to the institution of heir
does not happen or is not fulfilled, or in case of predecease RELATIONSHIP
or repudiation
ART 963: Proximity of relationship is determined by the number of generations. Each
(NOTE: In this case, there is no intestacy if there is substitution
generation forms a degree.
or accretion)
D. Heir instituted is incapable of succeeding ART 964: A series of degrees forms a line.
E. Expiration of resolutory term or fulfillment of resolutory
condition
 person represented, and acquires the rights which the latter would
have if he were living or if he could have inherited
II. Representation in intestate and testate succession
FACTOR INTESTATE TESTATE
Existence In case of predecease and In case of predecease,
incapacity only incapacity, and
disinheritance
Coverage All property that the Only the legitime
person being represented
would have inherited
BAGUNU V PIEDAD: Right of representation does not apply to ‘others’ or collateral
relatives beyond the 5th civil degree (e.g. grandnieces and grandnephews)
III. Rules
A. Representative inherits from the testator from whom the
I. Kinds of ‘lines’ (Art 964) person represented would have succeeded (Art 971)
A. Direct – constituted by the series of degrees among B. Representation takes place in the direct descending line;
ascendants and descendants and only in favor of nephews and nephews in the collateral
B. Collateral – constituted by a series of degrees among line (Art 972)
persons who are not ascendants and descendants, but INHERITANCE BY NEPHEWS AND NIECES:
A. If they survive with their uncles or aunts - per stirpes
come from a common ancestor
B. If they survive alone - per capita
II. Kinds of relationship (Art 967)
C. Representative must himself be capacitated to inherit from
A. Full-blood – existing between persons who have the same
the deceased (Art 973)
father and same mother
D. Generally, representatives inherit per stirpes, in such a
B. Half-blood – existing between persons who have the same
manner that the representative/s shall not inherit more
father, but not the same mother; vice versa
than what the person they represent would inherit (Art
III. Accretion (Art 968) – in case of repudiation or incapacity, the
974)
vacated portion accrues to others of the same degree
(NOTE: This is in comparison with inheritance in one’s own
(NOTE: Right of representation may only be proper in case of incapacity; no
right, where the heir inherits per capita)
such right in case of repudiation)

ORDER OF INTESTATE SUCCESSION

RIGHT OF REPRESENTATION I. When decedent is a legitimate child
I. Definition (Art 970) – is the right created by fiction of law, by virtue
A. Legitimate children and their legitimate descendants (Art
of which, the representative is raised to the place and degree of the
979)
 (NOTE: Includes legitimated and adopted children) even if the children come from different marriages)
B. Legitimate Parents and other legitimate ascendants (Art
986)
C. Illegitimate children and their descendants, whether
legitimate or illegitimate (Art 988, 990, 992)
D. Surviving spouse (Art 995)
E. Collateral relatives up to the 5th degree of relationship
(Art 1003)
(NOTE: Collateral relatives cannot be preterited and may be
excluded by the testator)
F. State (Art 1011)
II. When decedent is an illegitimate child
A. Legitimate children and their legitimate descendants (Art
979)
B. Illegitimate children and other descendants, legitimate or
illegitimate (Art 988, 989, 990)
C. Illegitimate parents (Art 993)
(NOTE: No ascendants by virtue of the iron curtain rule)
D. Surviving spouse (Art 994)
E. Illegitimate brothers and sisters; nephews and nieces (by
inference)
(NOTE: No other relative can inherit)
F. State (Art 1011)

NOTE: The order given is successive and exclusive, but the primary compulsory heirs
under Art. 887 (LC, ILC, SS) are never excluded. They merely concur with one another.
III. Illustration of shares

(NOTE: Legitimate children of the

deceased inherit in equal shares,
 C. Beneficiaries – public schools and public charitable
institutions and centers in such municipality or city
ART 1041: Person legally entitled to the estate of the deceased may file a claim with the
court within 5 years from the date the property was delivered to the State.

Such person shall be entitled to the possession of the same; or if sold, to the proceeds as
may not have been lawfully spent.

IV. Rules
A. Partial intestacy – charge the legacies and devises to the
intestate shares of those given by the law more than their
respective legitimes, without impairing such legitimes.
(NOTE: Those given more than their legitimes are SS and ILC)
B. Iron curtain (Art 992) – an illegitimate child has no right to
inherit intestate from the legitimate children and relatives
CAUSES OF VACANT PORTION:
of his father or mother; vice versa
1. Legitimate child - only his legitimate child can
represent
2. Illegitimate child - both his legitimate or illegitimate
children can represent
V. Succession of the State
A. Governing law – Rule 91, Rules of Court (on Escheat
proceedings)
B. Distribution of estate (Art 1013)
1. Payment of debts and charges
2. Assignment of personal property to municipality or
city where the deceased last resided in PH
3. Assignment of real property to municipality or city
where the property is situated
RIGHT OF ACCRETION
I. Definition (Art 1015) – 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 RIP is added or
incorporated to that of his co-heirs, co-devisees, or co-legatees
II. Requisites (Art 1016)
A. Unity of object – one inheritance
B. Plurality of subjects – two or more to inherit
C. Vacant portion
A. Testate
1. Predecease
2. Incapacity
3. Repudiation
4. Suspensive condition is not fulfilled or does not happen
5. Ineffectiveness of institution
B. Intestate
1. Repudiation
2. Incapacity
*Predecease finds no application here as there is really no vacant portion
(NOTE: Because accretion concerns a vacant portion, it follows
that there can be no accretion insofar as legitimes are
concerned)
D. Acceptance – by person entitled to the accrued portion
ART 1017: Mere designation of an aliquot part without identifying it by a description as
shall make each heir the exclusive owner of determinate property shall not exclude the
right of accretion. (e.g. P100,000 as legacy to A and B, with A getting ¾ and B getting ¼)
However, a designation which makes property determinate or specific constitutes ii. Relatives of such priest or minister
‘earmarking.’ Such excludes the right of accretion. (e.g. P100,000 as legacy to A and B, within the 4th degree and the
with A getting the money contained in X Bank, and B getting that contained in Y Bank)
organization or institution to which
such priest or minister belongs
CAPACITY TO SUCCEED BY WILL OR BY INTESTACY
iii. Guardians, only with respect to
I. Definition – ‘capacity to succeed’ is the ability to inherit and retain
testamentary dispositions given by
property obtained mortis causa
ward before the final accounts of the
II. Capacity
guardianship have been approved
A. Rule – all persons are generally presumed to be
iv. Attesting witness and relatives or
capacitated
claimants
B. Requisite
v. Physicians, surgeons, nurses, health
1. Person must be living, or at least conceived at the
officers, or druggists – took care of
moment succession opens
the testator during his last illness
2. Person must be capacitated based on the law of the
nation of the decedent • Because of public morality (Art 1028)
III. Incapacity i. Made between persons guilty of
A. Absolute adultery or concubinage
1. Definition – person can never inherit from anybody ii. Made between persons found guilty
regardless of circumstances of the same criminal offense, in
2. Enumeration consideration thereof
iii. Made to public officer or his wife,
• Individuals, associations, and corporations
descendants and ascendants, by
not permitted by law to inherit (Art 1027)
reason of his office
• Those who lack juridical personality (e.g.
(NOTE: Lover, co-conspirator, mayor)
abortive infants)
• Because of unworthiness (Art 1032)
B. Relative
i. Parents who have abandoned their
1. Definition – person cannot inherit only from certain
children or induced their daughters
persons or properties
to lead a corrupt or immoral life, or
2. Enumeration
attempted against their virtue
• Because of undue influence (Art 127)
ii. Person who has been convicted of
i. Priest or minister – heard the
an attempt against the life of the
testator’s confession during his last
testator, his or her spouse,
illness, or granted him spiritual aid
descendants or ascendants
 iii. Person who has accused the testator
of a crime for which the law
prescribes imprisonment for 6 years
or more, if found groundless
iv. Heir of full age who, having
knowledge of the violent of the
testator, should fail to report it to an
officer of the law within a month
(NOTE: ‘Full age’ means at least 21 y/o)
(NOTE: As of date, this ground finds no
application as there is no PH law which
obliges one to make accusations, unless it
be the state officials concerned)
v. Person convicted of adultery or
concubinage with the spouse of the
testator
vi. Person who by fraud, violence,
intimidation or undue influence
should cause the testator to make a
will or to change one already made
vii. Person who by the same means
prevents another from making a will,
or from revoking one already made
or who supplants, conceals, or alters
the latter’s will
viii. Person who falsifies or forges
supposed will of the decedent
(NOTE: Grounds ii, iii, and v require conviction by final
judgment)
ART 1033: Causes of unworthiness may be condoned by:
A. Implied condonation – testator knew of the cause, but still instituted the
person or gave him a devise or legacy
B. Express condonation – testator expresses forgiveness in writing, be it in
a public or private instrument
IV. Exclusion
A. How made – the Court issues a judicial order of exclusion,
declaring which heirs are disqualified or incapacitated
B. Effects
A. Alienations or sale made by excluded heir are valid;
subject to the right of the qualified heir to
reimbursement (Art 1036)
B. Excluded heir shall have a right to collect necessary
expenses and credit (Art 1037)
(NOTE: As for useful and luxurious expenses, they are
governed by the rules on possession)
3. Excluded heir shall return the property (if not
alienated) and shall be liable for all fruits and rents he
may or could have received (Art 1038)
V. Special dispositions
A. For prayers and pious works, made in general terms (Art
1029) – ½ of the proceeds goes to the church or
denomination to which testator may belong, ½ to the State
B. In favor of the poor (Art 1030) – proceeds shall be given to
the ‘poor’ living in the domicile of the testator at the time
of his death
(NOTE: Designation the ‘poor’ shall be made by the person
appointed for the purpose; or the executor; or by majority vote
between a judge, mayor, and municipal treasurer)
C. In favor of a disqualified person – void; as shown by the
following circumstances:
1. Disposition is disguised as an onerous contract
2. Fictitious debts are ordered paid
3. An intermediary is interposed
 ACCEPTANCE OR REPUDIATION OF INHERITANCE
I. Characteristics
A. Free and voluntary (Art 1041)
B. Retroactive (Art 1042)
C. Pure and absolute
(NOTE: This means it cannot be made subject to conditions; but
acceptance or repudiation may be partial)
D. Must be made in due time (Art 1043)
A. Heir must be certain of the death of the decedent
B. Heir must be certain of the right to the inheritance
(NOTE: Such cannot be made during the lifetime of the
decedent, except insofar as collationable donations inter
vivos and remissions are concerned)
E. Irrevocable (Art 1056)
(NOTE: Acceptance or repudiation may be revoked if it was
made through causes that vitiate consent or when an unknown
will appears)
II. Who may accept or repudiate
A. GR: Any person having the free disposal of his property
may accept or repudiate an inheritance
B. XPN:
1. Minors or incapacitated persons (Art 1044)
• Acceptance – mere acceptance by parents or
guardians is sufficient
• Repudiation – repudiation by parents or
guardians must be made by court approval
2. Juridical entities (Art 1045)
• Acceptance – mere acceptance by lawful
representatives is sufficient
• Repudiation – repudiation by lawful
representatives must be made by court
approval
3.Public official establishments (Art 1046) – acceptance
and repudiation must be made with the approval of
the Government
4. Deaf-mutes who can read & write (Art 1048) – can
accept and repudiate
5. Deaf-mutes who cannot read & write (Art 1048)
• Acceptance – mere acceptance by guardian is
sufficient
• Repudiation – repudiation by guardians must
be made by court approval
III. How acceptance is made
A. Express (Art 1049) – made in a public or private document
B. Implied (Art 1049) – through actions which one would
have no right to do except in the capacity of an heir
1. Heir sells, donates, or assigns his right
2. Heir renounces the inheritance for the benefit of one
or more of his co-heirs
3. Heir renounces the inheritance for a price in favor if all
his co-heirs indiscriminately
C. Presumed (Art 1067) – happens if within 30 days from the
issuance of the order of distribution of the estate, the
people concerned have not signified their acceptance or
repudiation
IV. How repudiation is made (Art 1051)
A. By public or authentic instrument
B. By petition presented to the court having jurisdiction over
testamentary or intestate proceedings
ART 1052: If repudiation was done by the heir to the prejudice of his own creditors, the
creditors may petition the court to authorize them to accept it in the name of the heir.
Acceptance shall benefit the creditors only to an extent sufficient to cover the amount of
their credits.
*Should repudiation not prejudice, the creditors cannot avail of the right to accept.
 V. Effects of repudiation (Art 1055) II. Definition of terms
A. As testamentary heir – constitutes repudiation in both A. Debts and charges - those which, even without the will,
(testate and intestate) capacities would be demandable
B. As intestate heir, without knowledge of his being a B. Value of collationable donations - value of the donations at
testamentary heir – repudiates only the free portion, may the time the donations we made
still accept inheritance in the latter (testate) capacity (NOTE: It is submitted by Falcon and Paras that donations inter
vivos to both compulsory heirs and strangers must be collated)
EXECUTORS AND ADMINISTRATORS III. Collation
I. Governing law – Rules 78-90, Rules of Court A. Definition - it is computing or adding certain values to the
II. Kinds estate and charging the same
A. Regular COLLATION IN VALUE COLLATION IN KIND
B. Special Bringing of the value of the donation at Returning in kind in case the donation has
the time of the donation, usually in case to be totally reduced or revoked because
1. Pedente lite – appointed in the meantime where there
of determination of impairment of it is completely inofficious
is a delay in appointment of regular administrator or legitime
executor Mere mathematical operation Requires return to the hereditary estate
2. One appointed to protect the regular administrator or of the property
executor when he seeks to recover his own claim B. Kinds of charges
against the estate 1. To the legitime
3. Durante minore aetate – appointed when the person ● How made – donations or property given by
who was given the right to be the administrator or gratuitous to compulsory heirs are imputed
executor is a minor to their legitime
III. Order of preference (NOTE: Surviving spouse is not included herein, since
A. Person named in the will donations made to such during the marriage are null
B. Surviving spouse and void)
C. Next of kin ● Purpose – to produce equality among the
D. Principal creditors compulsory heirs
E. Such other person as the court may select (NOTE: Equality ordained herein is not merely equality
in value, but also in kind, nature, class, and quality if
possible)
COMPUTATION OF NET HEREDITARY ESTATE AND COLLATION
I. Formula (Art 908) WAYS OF EQUALIZATION (ART 1074):
A. If right is over real property
NET HEREDITARY ESTATE = PROPERTY LEFT - DEBTS AND CHARGES 1. Get property of same kind
+ VALUE OF COLLATIONABLE DONATIONS 2. If none, get cash or securities
 3. If none, sell property to get cash
B. If right is over personal property
1. Get property of same kind
If none, get equivalent (in value) personal property
COLLATION OF DONATIONS TO COMPULSORY HEIRS
A. GR (Art 1061): Every compulsory heir must bring into the mass of the estate
any property or right which he may have received from decedent
B. XPNs (Art 1062): Donations are non-collationable when...
1. Donor expressly provides that donation made to compulsory heir is
not to be collated
2. Donee repudiates inheritance
2. To the free portion
● How made - donations to strangers are
imputed to the free portion
● Purpose - to produce the preference
intended by testator
NON-COLLATIONABLE: When used herein, this does not mean that the value of
donation shall not be computed. It only means that the legacy or devise should be
imputed to the free portion, instead of on the legitime.
C. Rules
1. Legacies and devises (Art 1063) – non-collationable
2. Donations to grandchildren (Art 1064-1065)
● In case of inheritance by representation –
collationable; they are obliged to bring all
that their parents, if alive, would have been
obliged to bring
(NOTE: This is the XPN to the rule that only donees
should collate)
● In case of donation received in one’s own
capacity – collationable
● In case parents’s case – non-collationable;
the parents are not obliged to bring to
collation in the inheritance of their
ascendants any property which have been
donated by the ascendants to their children
3. Donations to spouse of child (Art 1066)
● In case it is given to the spouse alone – non-
collationable, since the spouse is not a
compulsory heir
● In case it is given to the spouse and the child
jointly – collationable; such is considered as
an advance to the child’s legitime
4. Expenses for support, education medical attendance
(Art 1067) – non-collationable both in kind and value
(i.e. it cannot be added to the hereditary estate and
cannot be considered an advance to the legitime)
(NOTE: ‘Education’ means only up to high school)
(NOTE: Support after death of testator is not embraced in
this provision; such is collationable)
5. Expenses for a career (Art 1068) – non-collationable,
except when the parents provide that it is an advance
of the legitime
(NOTE: When its collation is required, expenses which
would have been incurred had the child stayed home with
the parents should be deducted)
6. Sums in paid by a parent in satisfaction of the debts of
his children, election expenses, fines, and similar
expenses (Art 1069) – collationable
7. Wedding gifts (Art 1070)
● If value of gift is 1/10 or less of the free disposal –
non-collationable
● If more than 1/10 of free disposal – collationable
8. Donations by parents (Art 1072) - half shall be collated
to the inheritance of the father; the other half to the
inheritance of the mother
 D. Order of preference (NOTE: Administrative proceedings and independent action
1. If there are compulsory heirs (Art 911) for partition cannot exist simultaneously)
● Legitimes 2. Extrajudicial
● Donations inter vivos 1. Made by testator (Art 1080)
● Preferred legacies and devises 2. Made by decedent in an act inter vivos (Art
● All others pro rata 1080) – no formalities are prescribed; for
2. If there are no compulsory heirs (Art 950) partition is not the mode of acquiring
● Remuneratory legacies or devises ownership
● Preferred legacies or devises 3. Made by heirs themselves (Rule 74, Rules of
● Legacies for support Court)
● Legacies for education i. Must be done as long as there are no
● Legacies or devises of a specific, determinate debts
thing which forms part of the estate ii. Everyone concerned is of age or
● All others pro rata represented by guardian
4. Made by a third person entrusted by the
PARTITION AND DISTRIBUTION OF ESTATE testator or decedent (Art 1081)
I. Definition (Art 1079) – partition is the separation, division, and (NOTE: This person entrusted is called a
assignment of a thing held in common among those to whom it may ‘mandatary.’)
belong. III. Who can demand
II. Kinds A. Compulsory heir
A. Based on the duration of its existence (Art 1084) B. Voluntary heir
1. Temporary 1. Pure heirs – can demand partition anytime
2. Conditional heirs – can demand partition only when
2. Permanent
condition is fulfilled
B. Based on the extent of the properties involved 3. Pure and conditional heirs together – can demand
1. Partial partition upon giving of sufficient security by pure
2. Total heirs to safeguard the rights of conditional heirs
C. Based on who made the partition C. Legatee or devisee
1. Judicial D. Person who has acquired an interest in the estate
PARTITION CANNOT BE EFFECTED IN THE FOLLOWING INSTANCES:
• Made by probate court in the course of A. Testator prohibits partition as to legitime for period not more than 20 years
administration proceedings B. Co-heirs agree that estate not be divided for period not more than 10 years,
• Made by regular court in an ordinary action renewable for another 10 years
C. Prohibited by law
for partition
D. Partition would render property unserviceable for use for which it was intended RESCISSION AND NULLITY OF PARTITION
IV. Consequences I. Grounds for rescission and nullity
A. Co-heirs shall be the following reimbursements (Art 1087): A. For same causes as contracts (Art 1097)
1. Income and fruits B. On account of lesion (Art 1098) – lesion or damage
2. Useful and necessary expenses complaint of must be at least ¼; should it be less, no
3. Damages through malice or neglect rescission will lie and only damages may be claimed
B. In case of sale by an heir of his hereditary rights to a (NOTE: Action for rescission on account of lesion shall prescribe
stranger, the co-heirs have the right to legal redemption after 4 years from the time partition was made)
(Art 1088) C. Preterition in partition, if attended by fraud or bad faith
C. Titles of acquisition of ownership shall be delivered to the (Art 1104)
co-heir to whom a certain property has been adjudicated D. Intrusion of a stranger, only with respect to the stranger’s
(Art 1089) portion (Art 1105)
II. Remedies given to heirs
EFFECTS OF PARTITION A. Indemnification
I. Exclusive ownership of property adjudicated to each heir (Art 1091) B. New partition
II. Warranty of property adjudicated (Art 1092, 1095)
A. Kinds
1. Of title – against eviction
2. Of quality – against hidden defects
(NOTE: Action to enforce warranty of title or quality among co-
heirs must be brought within 10 years from the date the right of
action accrues)
3. Of collectible (good) debts
(NOTE: Action to enforce warranty of debt is good for 5 years
following date of partition)
B. Nature
1. Reciprocal and proportionate between heirs
2. Waivable
C. When warranty ceases
1. When the testator himself made the partition
2. When expressly stipulated in the agreement of partition,
unless there is bad faith
3. When eviction is due to a cause subsequent to the
partition, or has been caused by the fault of the distributee
of the property