CIVIL LAW: SUCCESSION

1. Testamentary succession – Testamentary succession is

that which results from the designation of an heir, made in a
will executed in the form prescribed by law.1

2. Mixed succession – Mixed succession is that effected

partly by will and partly by operation of law.2 Mixed
succession occurs when a decedent leaves a will which only
disposes of some of his properties, thus the remainder of his
estate would have to be distributed in accordance with the
law on intestate succession.3

3. Inheritance - The inheritance of a person includes not only

the property and the transmissible rights and obligations
existing at the time of his death, but also those which have
accrued thereto since the opening of the succession4

4. Preterition "consists in the omission in the testator's will of

the forced heirs or anyone of them, either because they are
not mentioned therein, or, though mentioned, they are
neither instituted as heirs nor are expressly disinherited."5

5. Disinheritance – is a testamentary disposition depriving

any compulsory heir of his share in the legitime for a cause
authorized by law. (Nuguid v. Nuguid, GR No. L-23445,
June 23, 1966 citing Justice J.B.L. Reyes and Judge R.C.
Puno, id., p. 106). In Manresa's own words: "La privacion
expresa de la legitima constituye la desheredacion. La
privacion tacita de la misma se denomina pretericion."
1
Article 779 of the Civil Code
2
Article 780 of the Civil Code
3
Wills and Succession Better Explained by Siegfred B. Mison (2010),
pg. 35
4
Article 781 of the Civil Code
5
Nuguid v. Nuguid, GR No. L-23445, June 23, 1966 citing Neri, et al.
vs. Akutin, et al., supra, 72 Phil., at p. 325

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Sanchez Roman emphasizes the distinction by stating that

disinheritance "es siempre voluntaria"; preterition, upon the
other hand, is presumed to be "involuntaria". Express as
disinheritance should be, the same must be supported by a
legal cause specified in the will itself.6

6. Laches – Laches is defined as the failure or neglect for an

unreasonable and unexplained length of time to do that
which, by exercising due diligence, could or should have
been done earlier; it is negligence or omission to assert a
right within a reasonable time, warranting a presumption
that the party entitled to assert it either has abandoned it or
declined to assert it.7

7. Heir – An heir is a person called to the succession either by

the provision of a will or by operation of law.8

8. Devisees – persons to whom gifts of real properties are

given by virtue of will.9

9. Legatees – persons to whom gifts of personal properties are

given by virtue of will.10

10. Legitime – Legitime is that part of the testators property

which he cannot dispose of because the law has reserved it
for certain heirs who are, therefore, called compulsory
heirs.11 The testator cannot deprive his compulsory heirs of
their legitime, except in cases expressly specified by law.

6
Nuguid v. Nuguid, GR No. L-23445, June 23, 1966
7
Pangasinan v. Disonglo-Almazora, 762 Phil. 492, 502-503 (2015),
citing Metropolitan Bank and Trust Company v. Centro Development
Corporation, 687 Phil. 304, 317 (2012)
8
Article 782 of the Civil Code
9
Article 782 of the Civil Code
10
Article 782 of the Civil Code
11
Article 886 of the Civil Code

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Neither can he impose upon the same any burden,

encumbrance, condition, or substitution of any kind
whatsoever. (Article 904, Civil Code)