BASIC RULES ON SUCCESSION o Property – can be real or personal

o Rights – not all rights are transmissible

MODES OF ACQUIRING OWNERSHIP – How a
 Transmissible
person acquires ownership over a property?
 Decedent invested to a
1. Occupation – you own a property by occupying company in a form of
Ex: China occupying the West Philippine Sea to shares/stock, pwede ipamana
claim/show their ownership sa heir
2. Law – law vested something to you as a person;  Decedent is a partner in a
sabi ng batas sayo ‘to, edi sayo partnership, may share sa
Ex: Comprehensive Agrarian Reform Law – law interest yung heir, not
that provided ownership to the famers; the necessarily the management in
farmers own parcels of land because the law says the partnership but as far as the
so interest is concerned
3. Donation – I own this property, I give this to you  Intransmissible rights
in the prescribed form, you are now the owner  Right to vote (constitutional
4. Tradition – I am the seller, you want something right) – di pwede ipamana ng
from me, I give it to you upon giving me the namatay yung right nya to vote
consideration, you are now the owner  Right to public office –
Ex: Sale namatay si mayor, hindi anak
5. Intellectual Creation – you create something or asawa magmamana but the
that cannot be copied by others; rule of vice mayor UNLESS the child
intellectual property or spouse yung vice mayor
Ex: musical composition, paint, write something, o Obligations to the extent of the value of
research etc. the inheritance –
6. Prescription  Asset 3M
a. Acquisitive Prescription (adverse possession Liability 2M
and usucapcion) Equity 1M
- Acquisition of a right by lapse of time  Equity – pwede ipamana
(Art. 1106, par. 1).  Liability – idededuct sa assets; not
Ex: If there’s a land not owned by any extinguished unless criminal
person and you occupy it by acquisitive liability; the payment of the liab
prescription; kung walang fraud in 10 yrs, will be taken from the asset of the
that is already yours; decedent
b. Extinctive Prescription (litigation of action)  Asset 2M
- Rights and actions are lost by the lapse of Liab 3M
time (Art. 1106, par. 2, and Art. 1139). Equity (1M)
7. Succession – there’s this person who owns  Mamamana pa ba? No. Hindi
something and that person died (decedent), he sufficient yung assets to pay the
has a heir, therefore, the heir owns the property obligations of the decedent so wala
thru succession ka nang mamanahin (even the
liability)
 Gusto mo ba bayaran yung (1M)?
Pwede naman. This is what we call
moral obligation under the law
SUCCESSION
- Mode of acquisition by virtue which the property,
rights and obligations to the extent of the value of DECEDENT
the inheritance of a person, are transmitted
through his death to another or others either by - General term applied to the person whose
his will or by operation of law (Art. 774) property is transmitted thru succession, whether
o Mode of acquisition – how do you or not he left a will. If he left a will
acquire a property? - Testator – if he left a will is (Art 775).
 - Yung namatay
HEIR
- A person called to the succession either by the
provision of a will or by operation of law (Art.
782).
- 2 types:
o Compulsory heir
o Voluntary heir
DEVISEES & LEGATEES
- Persons to whom gifts of real and personal
property are respectively given by virtue of a will
(Art. 782).
o Devisee – real property (device)
o Legatees – personal property (legacy)
INHERITANCE (definition by inclusion)
- Includes all the property, rights and obligations of
a person which are not extinguished by his death
(Art. 776).
o Extinguished – bayad na
o Not extinguished – di pa bayad
o How many yrs an obligation is
prescribed? – after 10 yrs
 Unpaid utang pero prescribed na (di
nacollect ni creditor in 10 yrs so
yung right nya, waley na)
 Madededuct pa ba sa mamanahin?
No.
- 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
succession (Art. 781).
o Receivable at the time of death, the
interest earned is kasama sa inheritance
o Property being rented at the time of
death, di pa nacocollect yung rental for
the month, kasama sya sa inheritance
o “Decedent’s inheritance”
- We also call this ESTATE (kasi lahat to
properties ng namatay; pero di kasama
obligations – estate kasi, gross so kasama
obligation)
LEGITIME
- That part of the testator’s property which he
cannot dispose of because the law has reserved it
for certain heirs who are, therefore, called
compulsory heirs (Art. 886).
- Di pwede galawin ng estator – the law has
reserved it for certain people
- Free portion – pwede galawin or ipamigay
COMPULSORY HEIRS
- Kung ayaw tanggapin, oki lang naman pero they
are still considered as compulsory heirs
- 1, 3, 4 – can coexist in the will
- 2, 3, 4 – can coexist in the will
- 1 & 2 – cannot coexist in the will; hanggat may
legitimate na anak, hindi pwede magmana yung
mga legitimate parents
- Kung merong pababa, never yan magiging pataas
1. Legitimate children and descendants, w/ respect
to their legitimate parents and ascendants
o Anaks, apos
o Legitimate – kasal parents/grandparents
2. In default of the foregoing, legitimate parents and
ascendants, w/ respect to their legitimate children
and descendants
o Legitimate parents/grandparents/great
grandparents etc.
3. Widow or widower
4. Illegitimate children (filiation must be proved)
EXECUTOR (MALE) / EXECUTRIX (FEMALE)
- The person named in a will to perform these
duties
ADMINISTRATOR (MALE) / ADMINISTRATIX
(FEMALE)
- The person appointed by the probate court to
complete these tasks where there is no will or no
executor/executrix has been named in the will
- Normally yung panganay na anak / nakapag aral /
asawa
ACCRUAL
- The rights to the succession are transmitted from
the moment of the death of the decedent (Art.
777)
o They can sell the property na
- Payment of taxes accrues from the time of death
of the decedent
o Estate tax
o 1 yr prescriptive period – to settle and
pay the estate tax (RR 2-2003, as
amended). *revenue regulations

KINDS OF SUCCESSION (Art. 778)
1. Testamentary
a. Is that which results from the designation
of an heir, made in a will executed in the
form prescribed by law (Art. 778).
b. Formality
c. There is a will
d. Pag di na-comply, can be VOID
2. Legal or intestate
a. If a person dies w/o will
b. With a VOID will
i. Di napirmahan
ii. With fraud
iii. Di nasunod batas
iv. No date
v. No consent or was obtained thru
force or violence
c. With a will which has subsequently lost
its validity
d. When the will does not institute an heir
to, or dispose of all the property
belonging to the testator
i. Does not institute an heir – may
will pero walang nakalagay kung
kanino papamana
ii. Dispose of all… - hindi mo
dinispose lahat; may heir yung
ibang things pero yung iba wala
(yung wala magiging intestate)
e. If the suspensive condition attached to
the institution of heir does not happen or
is not fulfilled
i. Di natupad yung suspensive
condition, kanino mapupunta
yung thing? Magiging legal or
intestate.
f. If the heir dies before the testator
g. If the heir repudiates the inheritance,
there being no substitution, and no right
of accretion takes place
i. Ayaw ng heir tanggapin yung
thing. Magiging legal or intestate
yung thing
h. When the heir instituted is incapable of
succeeding, except in cases provided in
the Civil Code (Art. 960).
i. If the heir is dead already – jose
rizal
ii. Fictional characters (lol) -
spiderman
iii. Enemies of the state - abusayaf
3. Mixed
a. Partly by will, partly by operation of law
As to effectivity:
1. Inter vivos – donation
2. Mortis causa – estate
TESTAMENTARY SUCCESSION
- Will
o An act whereby a person is permitted,
with the formalities prescribed by law, to
control to a certain degree the
disposition of this estate, to take effect
after his death (Art. 783).
 Formalities – may form
 With control – hindi nya pwede
ipamigay lang basta lahat ng
pagmamay ari nya because we have
this thing called legitime
o Kinds:
 Holographic wills
 Notarial wills
- Testamentary Capacity and Intent
o Art. 796 – All persons who are not
expressly prohibited by law may make a
will.
 Persons with life imprisonment etc.
o Art. 797 – Persons of either sex under
18y/o cannot make a will.
o Art. 798 – In order to make a will, it is
essential that the testator be of sound
mind at the time of its execution.
o Art. 799 – To be of sound mind, it is not
necessary that the testator be in full
possession of all his reasoning faculties,
or that his mind be wholly unbroke,
unimpaired, or unshattered by disease,
injury or other cause. It shall be sufficient
if the testator was able at the time of
making the will to know the nature of the
estate to be disposed of, the proper
objects of his bounty, and the character
of the testamentary act.
  Important lang na alam niya yung
ginagawa nya – yung effect ng
ginagawa nya etc.
o Art. 800 – The law presumes that every
person is of sound mind, in the absence
of proof to the contrary. The burden of
proof that the testator was not of sound
mind at the time of making his
dispositions is on the person who
opposes the probate of the will; but if the
testator, one month, or less, before
making his will was publicly known to
be insane, the person who maintains the
validity of the will must prove that the
testator made it during a lucid interval.
 Person who opposes – patunayan
dapat na hindi sound mind si
testator nung ginawa yung will
 Person who maintains the validity
of the will – patunayan na sound
mind yung testator nung ginawa
nya yung will kung nabaliw yung
testator one month or less before
making his will
FORMS OF WILLS
- Holographic Will
o Art. 804 – Every will must be in writing
and executed in a language or dialect
known to the testator.
o Art. 810 – A person may execute a
holographic will which must be entirely
written, dated, and signed by the hand of
the testator himself. It is subject to no
other form, and may be made in or out of
the Philippines, and need not be
witnessed.
 Kung may witness, oki lang. tawag
dun surpluses. Not necessary at all
o Art. 811 – In the probate of a holographic
will, it shall be necessary that at least
one witness who knows the handwriting
and signature of the testator explicitly
declare that the will and the signature are
in the handwriting of the testator. If the
will is contested, at least three of such
witnesses shall be required. In the
absence of any competent witness
referred to in the preceding paragraph,
and if the court deem it necessary, expert
testimony may be resorted to.
- Notarial Will
o Art. 805 – Every will, other than a
holographic will, must be subscribed at
the end thereof by the testator himself or
by the testator's name written by some
other person in his presence, and by his
express direction, and attested and
subscribed by three or more credible
witnesses in the presence of the testator
and of one another. The testator or the
person requested by him to write his
name and the instrumental witnesses of
the will, shall also sign, as aforesaid,
each and every page thereof, except the
last, on the left margin, and all the pages
shall be numbered correlatively in letters
placed on the upper part of each page.
The attestation clause xxx.
- Joint Will
o Art. 818 – Two or more persons cannot
make a will jointly, or in the same
instrument, either for their reciprocal
benefit or for the benefit of a third
person.
- Art. 819 – Wills, prohibited by the preceding
article, executed by Filipinos in a foreign country
shall not be valid in the Philippines, even though
authorized by the laws of the country where they
may have been executed
INSTITUTION OF HEIR
- Art. 840 – Institution of heir is an act by virtue of
which a testator designates in his will the person
or persons who are to succeed him in his propertv
and transmissible rights and obligations.
o Person names someone in their will
- Art. 841 – A will shall be valid even though it
should not contain an institution of an heir, or
such institution should not comprise the entire
estate, and even though the person so instituted
should not accept the inheritance or should be
incapacitated to succeed. In such cases the
testamentary dispositions made in accordance
with law shall be complied with and the
remainder of the estate shall pass to the legal
heirs.
o Kahit walang pinangalanan, oki lang kasi
magiging legal or intestate sya
- Art. 843 – The testator shall designate the heir
by his name and surname, and when there are
 two persons having the same names, he shall
indicate some circumstance by which the
instituted heir may be known. Even though the
testator may have omitted the name of the heir,
should he designate him in such manner that
there can be no doubt as to who has been
instituted, the institution shall be valid.
o Parehas Juan Dela Cruz, lagyan ng
description; Juan Dela Cruz na anak ni
Inday / Juan Dela Cruz na may nunal
(lmaoo)
o Pwede ring – ang panganay na anak ni
Gelai at Andre
- Art. 854 – The preterition or omission of one,
some, or all of the compulsory heirs in the direct
line, whether living at the time of the execution of
the will or born after the death of the testator,
shall annul the institution of heir; but the devises
and legacies shall be valid insofar as they are not
inofficious. If the omitted compulsory heirs
should die before the testator, the institution shall
be effectual, without prejudice to the right of
representation.
o Di binanggit yung isang legitimate na
anak kasi galet ka (tawag sa kanya,
preterited heir)
o Magiging annulled yung will kasi dapat
sa compulsory heirs mapupunta yon; di
pwedeng may di kasama
DISPOSITION OF ESTATE
- Art. 842 – One who has no compulsory heirs may
dispose by will of all his estate or any part of it in
favor of any person having capacity to succeed.
One who has compulsory heirs may dispose of
his estate provided he does not contravene the
provisions of this Code with regard to the
legitime of said heirs. – pede nya pamigay nalang
yung free portion kahit kanino nya gusto as long
as di sya mag contravene sa legitime na provided
by the law
SUBSTITUTION OF HEIRS
- Art. 857 – Substitution is the appointment of
another heir so that he may enter into the
inheritance in default of the heir originally
instituted.
CONDITIONAL TESTAMENTARY DISPOSITIONS
AND TESTAMENTARY DISPOSITIONS WITH A
TERM
- Art. 871 – The institution of an heir may be made
conditionally, or for a certain purpose or cause.
o Magmamana ka lang kung papasa ka sa
CPALE
- Art. 872 – The testator cannot impose any
charge, condition, or substitution whatsoever
upon the legitimes prescribed in this Code.
Should he do so, the same shall be considered as
not imposed
o Kahit di sundin ng mga compulsory heirs
yung condition, entitled pa rin sila kasi
pasok sila sa legitimes
- Art. 873 – Impossible conditions and those
contrary to law or good customs shall be
considered as not imposed and shall in no manner
prejudice the heir, even if the testator should
otherwise provide.
o I will give you my car if you can fly
o Bibigyan kita 1M na mana kung
papatayin mo si Nicanor
o Bibigyan kita ng mana kung ikaw ay
kakain ng baboy eh muslim ka
TABLE OF LEGITIME AND INTESTATE SHARE
- Intestate – walang free portion
 DISINHERITANCE
- Art. 915 – A compulsory heir may, in
consequence of disinheritance, be deprived of his
legitime, for causes expressly stated by law.
- Art. 916 – Disinheritance can be effected only
through a will wherein the legal cause therefore
shall be specified.
- Art. 917 – The burden of proving the truth of the
cause for disinheritance shall rest upon the other
heirs of the testator, if the disinherited heir
should deny it.
- Art. 918 – Disinheritance without a specification
of the cause, or for a cause the truth of which, if
contradicted, is not proved, or which is not one
of those set forth in this Code, shall annul the
institution of heirs insofar as it may prejudice the
person disinherited; but the devises and legacies
and other testamentary dispositions shall be valid
to such extent as will not impair the legitime.

COMMON CAUSES FOR DISINHERITANCE

PRACTICE QUESTIONS
 o Any person who has accused the testator
of a crime for which the law prescribes
imprisonment for six years or more, if
the accusation has been found
groundless
o Any heir of full age who, having
knowledge of the violent death of the
testator, should fail to report it to an
officer of the law within a month, unless
the authorities have already taken
action; this prohibition shall not apply to
cases wherein, according to law, there is
no obligation to make an accusation
o Any person convicted of adultery or
concubinage with the spouse of the
testator;
o Any person who by fraud, violence,
intimidation, or undue influence should
OTHER CAUSES OF DISINHERITANCE cause the testator to make a will or to
change one already made;
o Any 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;
o Any person who falsifies or forges a
supposed will of the decedent.

RELATIONSHIP (Art. 967)

INCAPACITY TO SUCCEED
- Art. 1032 – The following are incapable of - Full blood relationship is that existing between
succeeding by reason of unworthiness: persons who have the same father and the same
o Parents who have abandoned their mother.
children or induced their daughters to - Half blood relationship – existing between
lead a corrupt or immoral life, or persons who have the same father, but not the
attempted against their virtue same mother or vice versa.
o Any person who has been convicted of
an attempt against the life of the testator,
his or her spouse, descendants, or
ascendants
What is the degree of relationship with:
1. Your child – 1st
2. Your brother or sister – 2nd
3. Child of your 1st cousin – 5th
4. Your BF or GF – None

LEGAL OR INTESTATE SUCCESSION

ORDER OF SUCCESSION
1. Descending Direct Line
2. Ascending Direct Line
3. Illegitimate Children
4. Surviving Spouse
5. Collateral Relatives
6. The State