BASIC SUCCESSION

(Art. 960 to Art. 1014)

1. When does an intestate succession takes place?

 Under Article 960, Legal or intestate succession takes place:

a) If a person dies without a will, or with a void will, or one which has
subsequently lost its validity;
b) When the will does not institute an heir to, or dispose of all the property
belonging to the testator. In such case, legal succession shall take place
only with respect to the property of which the testator has not disposed;
c) If the suspensive condition attached to the institution of heir does not
happen or is not fulfilled, or if the heir dies before the testator, or
repudiates the inheritance, there being no substitution, and no right of
accretion takes place;
d) When the heir instituted is incapable of succeeding, except in cases
provided in this Code. (912a)

2. Who inherits in default of testamentary heirs?

 Under Article 961, In default of testamentary heirs, the law vests the
inheritance, in accordance with the rules hereinafter set forth, in the
legitimate and illegitimate relatives of the deceased, in the surviving
spouse, and in the State. (913a)
3. What is the order of preference among intestate heirs?
 The order of preference among intestate heirs is:
a. Legitimate children or descendants
b. Illegitimate children or descendants
c. Legitimate parents or ascendants
d. Illegitimate parents
e. Surviving spouse
f. Brothers and sisters, nephews and nieces
g. Other collateral relatives up to the 5th degree
h. The State (in default of the above, the State becomes, as it were, an
intestate heir, through Escheat proceedings).

4. Discuss and illustrate the following rules in intestate succession:

a. Rule of Proximity
 The rule on proximity is a concept that favors the relatives nearest in
degree to the decedent and excludes the more distant ones except
when and to the extent that the right of representation can apply.
(Article 962)
 Illustration: A man died without a will, leaving a brother and a
cousin. Only the brother inherits because the nearer relative excludes the
farther. If there are two brothers, they get equal shares.

b. Rule of Equal Division

 As a rule, relatives who are in the same degree shall inherit in equal
shares.

The rule of equal division must be applied only as the rule of

proximity. This means that the order of preference between line
should first be observed. Within each line, all relatives of the same
degree share equally.

Exceptions to the Rule on Equal Division:

1) In the ascending line, the rule of division by line is ½ to the maternal

line and ½ to the paternal line, and within each line, the division is per
capita.
2) In the collateral line, the full‐blood brothers/sisters will get double
that of the half‐blood.
3) The division in representation, where division is per stirpes – the
representative divide only the share pertaining to the person
represented.
The share of an illegitimate child is ½ of the share of a legitimate one.
Full blood brother or sister is entitled to double the share of half
brother or sister (Art. 1006). Compulsory heirs shall, in no case,
inherit ab intesto less than their legitime as provided in testamentary
succession.

c. Rule of Preference Between Lines

 Descending line is preferred over the ascending line.
Illustration: D is survived intestate by a grandfather and a brother.
Will both inherit?

Answer: Although it is true that both are just as near in degree, still it
is the grandfather alone who should inherit because the direct line is
preferred over the collateral line.

5. Discuss and illustrate the following exceptions to rule of equal division:

a. Division in representation
  The division in representation, where division is per stirpes – the
representative divide only the share pertaining to the person
represented.

b. Division in the ascending line

 In the ascending line, the rule of division by line is ½ to the maternal
line and ½ to the paternal line, and within each line, the division is per
capita.

c. Division between full-blood and half-blood relatives

 In the collateral line, the full-‐blood brothers/sisters will get double
that of the half-blood.

d. Division between legitimate and illegitimate children

 An illegitimate child shall inherit one-half (½) of the share of a
legitimate child. The general rule is that an illegitimate child is
entitled to one-half (½) of the share of a legitimate child [Articles 895
and 983, Civil Code].

6. What is the rule on determination of degree of relationship?

 To calculate the degree of relationship, you count the number of steps
between the two people up to the nearest common ancestor and then
back down to the other person. The total number of steps is the degree
of relationship.

7. Differentiate full blood and half-blood relations.

 Under Article 967:
Full blood relationship is that existing between persons who have the
same father and the same mother.

Half-blood relationship is that existing between persons who have the

same father, but not the same mother, or the same mother, but not the
same father.

8. Discuss and give an example on the right of accretion among relatives of

the same degree in case one or some of them renounce their share or is
incapacitated to succeed from the decedent.

 Under Article 968:

If there are several relatives of the same degree, and one or some of them
are unwilling or incapacitated to succeed, his portion shall accrue to the
 others of the same degree, save the right of representation when it should
take place.

Illustration:

A decedent leaves three first cousins and an estate of P300,000. If one of

the cousins is incapacitated or repudiates, the P100,000 which should
have gone to him will accrue to the other two, who will each get
P150,000. Each therefore gets P100,000 in his own right, and P50,000 by
virtue of accretion.

9. What is the effect of repudiation by nearest relatives?

 Article 969, If the inheritance should be repudiated by the nearest

relative, should there be one only, or by all the nearest relatives called by
law to succeed, should there be several, those of the following degree
shall inherit in their own right and cannot represent the person or persons
repudiating the inheritance.

10.What is representation?

 Article 970. Representation 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.
a. What are the effects of representation?
 In intestate succession, the right of representation when proper covers
all that the person being represented would have inherited.

In testate succession, the right of representation covers only the

legitime. There is no right to represent a voluntary heir. The legitime
can be received by representation, for after all, it goes to the heirs by
operation of law.
b. When does representation takes place?
 Representation take place in case of predeceased and incapacity with
respect to inheritance conferred by law.

Article 971: The representative is called to the succession by the law

and not by the person represented. The representative does not
 succeed the person represented but the one whom the person
represented would have succeeded.

c. What is representation in the collateral line?

 Under Article 972, The right of representation takes place in the
direct descending line, but never in the ascending. In the collateral
line, it takes place only in favor of the children of brothers or sisters,
whether they be of the full or half-blood.

11.Discuss and illustrate the division of the estate per capita and per stripes.

Art. 974. Whenever there is succession by representation, the division of the

estate shall be made per stirpes, in such manner that the representative or
representatives shall not inherit more than what the person they represent
would inherit, if he were living or could inherit.

Art. 987. In default of the father and mother, the ascendants nearest in
degree shall inherit. Should there be more than one of equal degree
belonging to the same line they shall divide the inheritance per capita;
should they be of different lines but of equal degree, one-half shall go to the
paternal and the other half to the maternal ascendants. In each line the
division shall be made per capita.

Art. 1005. Should brothers and sisters survive together with nephews and
nieces, who are the children of the decedent’s brothers and sisters of the full
blood, the former shall inherit per capita, and the latter per stirpes.
Art. 1008. Children of brothers and sisters of the half-blood shall succeed
per capita or per stirpes, in accordance with the rules laid down for brothers
and sisters of the full blood.

12.How will succession operate when only nephews and nieces survive?
 Article 975. When children of one or more brothers or sisters of the
deceased survive, they shall inherit from the latter by representation, if
they survive with their uncles or aunts. But if they alone survive, they
shall inherit in equal portions.

13.Explain: “renouncer may represent but may not be represented”.

 A renouncer may represent someone whose inheritance they have

renounced. This is because the right to represent another person is given
only to those who have the capacity to alienate property. However,
renouncers who repudiate their share may not be represented since the
 law does not allow them to delegate the responsibilities that come with
the renunciation.

14.What is the rule on preference of direct descending line?

Article 978. Succession pertains, in the first place, to the descending direct
line. (930)

Article 979. Legitimate children and their descendants succeed the parents
and other ascendants, without distinction as to sex or age, and even if they
should come from different marriages.

An adopted child succeeds to the property of the adopting parents in the

same manner as a legitimate child. (931a)

Article 980. The children of the deceased shall always inherit from him in
their own right, dividing the inheritance in equal shares. (932)

Article 981. Should children of the deceased and descendants of other

children who are dead, survive, the former shall inherit in their own right,
and the latter by right of representation. (934a)

Article 982. The grandchildren and other descendants shall inherit by right
of representation, and if any one of them should have died, leaving several
heirs, the portion pertaining to him shall be divided among the latter in equal
portions. (933)

Article 983. If illegitimate children survive with legitimate children, the

shares of the former shall be in the proportions prescribed by Article 895. (n)

Article 984. In case of the death of an adopted child, leaving no children or

descendants, his parents and relatives by consanguinity and not by adoption,
shall be his legal heirs. (n)

15.Prepare the table of intestate shares of the following and indicate the
legal basis or article of the New Civil Code:

RULE/DIVISION OF
PROVISION SURVIVING HEIRS
ESTATE
Art. 890 a. Legitimate children The whole estate in equal
shares.

Art. 983 b. Legitimate children and The whole estate. Share of

illegitimate children illegitimate children in the same
proportion prescribed in Art.
895.

Art. 996 c. Legitimate children and Surviving spouse has the same
surviving spouse share as each child.

Art. 999 d. Legitimate children, The share of the spouse is the

surviving spouse and same share as of a legitimate
illegitimate children child.

Share of illegitimate children in

the same proportion prescribed
in Art. 895.

Art. 985 e. Legitimate parents alone All, in equal shares.

Art. 987 f. Legitimate ascendants All, observing the proper cases.

(other than parents) alone

Art. 991 g. Legitimate parents and ½ distributed among each group

illegitimate children equally.

Art. 997 h. Legitimate parents and ½ of the estate to each equally.

surviving spouse

Art. 1000 i. Legitimate parents, ½ of the estate,

surviving spouse and ¼ of the estate,
illegitimate children ¼ of the estate.

Art. 988 j. Illegitimate children alone They succeed to the entire

estate.

Art. 998 k. Illegitimate children and ½ of the estate to each equally.

surviving spouse

Art. 995 l. Surviving spouse alone Inherits the whole estate.

m. Surviving spouse and ½ of the estate to each equally.

illegitimate parents

Art. 1001 n. Surviving spouse and ½ of the estate to each equally.

legitimate brothers and
sisters, nephews and nieces

Art. 995 o. Surviving spouse and The whole estate;

Art. 994 Illegitimate brothers and Illegitimate children cannot

 sisters, nephews and nieces inherit ab intestato from the
legitimate children and relatives
of his mother or father.
Legitimate children cannot
inherit in the same way from the
illegitimate child.

Art. 993 p. Illegitimate parents alone The whole estate.

Art. 903; q. Illegitimate parents and Illegitimate parents: excluded

children of any kind
Art. 983
Children
a. Child alone (legitimate or
illegitimate) = whole
estate
b. Legitimate and
illegitimate children=
each illegitimate gets ½
share of one legitimate
child
Art. 1004 r. Legitimate brothers and All, divide equally among them.
sisters alone

Art. 1005 s. Legitimate brothers and Siblings inherit per capita;

sisters, nephews and nieces nieces and nephews inherit per
stirpes.

t. Nephews and nieces with Uncle and aunts - excluded

uncles and aunts
Nephews and nieces – All.
Succeed per capita or per
stirpes, in accordance with the
rules under Article 1005.

Art. 1007 u. Illegitimate brothers and All. Inherit in equal shares

sisters alone without distinction as to the
origin of the property.

Art. 1008 v. Illegitimate brothers, All. Succeed per capita or per

sisters, nephews and nieces stirpes, in accordance with the
rules under Article 1005.

Art. 975 w. Nephews and nieces When children of one or more

alone brothers or sisters of the
deceased survive, they shall
inherit from the latter by
representation, if they survive
with their uncles or aunts. But if
they alone survive, they shall
 inherit in equal portions.

Art. 1009 x. Other collaterals Entire estate. Other collateral

relatives succeed without
distinction of lines or preference
among them by reason of
relationship by the whole blood.

The right to inherit ab intestato

shall not extend beyond the fifth
Art. 1010 degree of relationship in the
collateral line.

Art. 1011 y. State In default of persons entitled to

succeed in accordance with the
provisions of the preceding
Sections, the State shall inherit the
whole estate.

Art. 1013
The whole estate,
Assignment/ Disposition
1. If decedent was a resident of the
Philippines at any time:
a. Personal property - to
municipality of last residence
b. Real property - where situated
2. If decedent was never a resident
of the Philippines:
Personal and real property - where
respectively situated

How property is to be used

1. For the benefit of public

educational and charitable
institution in the respective
municipalities or cities

16.What is the iron curtain rule?

 Article 992 of the Civil Code provides that illegitimate children cannot
inherit ab intestato from the legitimate children and relatives of his mother
or father. Legitimate children and relatives cannot inherit in the same way
from the illegitimate child.

a. Prepare a case digest of the case Aquino vs. Aquino, GR Nos.

208912 and 209018, December 7, 2021
Aquino vs. Aquino, GR Nos. 208912 and 209018, December 7,
2021
FACTS:

Miguel Aquino (Miguel) died intestate leaving personal

and real properties. The estate of his first wife, Amadea Aquino
(Amadea), was already settled. Miguel was survived by: (1)
Enerie Aquino, his second wife; (2) Abdulah Aquino (Abdulah)
and Rodolfo Aquino (Rodolfo), his sons with Amadea; and (3)
the heirs of Wilfredo Aquino, his son with Amadea who also died
earlier. Miguel was also predeceased by another son with
Amadea, Arturo Aquino (Arturo). On July 2, 2003, Amadea
Angela Aquino (Angela) moved that she be included in the
distribution and partition of Miguel’s estate. She alleged that she
was Arturo’s only child as evidenced by a hospital Certification
stating that she was Arturo and Susan Kuan’s daughter.
Angela stated Arturo died before she was born on October
9, 1978. While her parents were not married, they did not suffer
from any impediment to marry. Her parents were planning to
marry before Arturo died. Angela further claimed that her
grandfather, Miguel, took care of her mother’s expenses during
her pregnancy with her. Angela also lived with her mother and
the Aquino family at their ancestral home. Since her birth, her
father’s relatives had continuously recognized her as Arturo’s
natural child. In support of this, Angela presented her baptismal
certificate stating that she was Arturo’s daughter.
Angela filed a Motion for Distribution of Residue of Estate
or for Allowance to the Heirs. She alleged that as Arturo’s
natural child, she has a legal right to a monthly allowance like
those given to Miguel’s other heirs. The Regional Trial Court
granted Angela’s motions. Rodolfo filed a petition for certiorari
before the Court of Appeals which was denied. Meanwhile,
Abdulah appealed the RTC’s orders before the CA, claiming that
Angela failed to prove her filiation and, in any case, Angela
could not inherit from Miguel ab intestato. The CA rendered a
decision in favor of Abdulah.

ISSUES:

Can Angela, an alleged nonmarital child of Miguel’s

marital child, inherit from her grandfather’s estate?

RULING:

The Court adopts a construction of Article 992 that makes

children, regardless of the circumstances of their births, qualified
to inherit from their direct ascendants-such as their grandparent-
by their right of representation. Both marital and nonmarital
 children, whether born from a marital or nonmarital child, are
blood relatives of their parents and other ascendants. Nonmarital
children are removed from their parents and ascendants in the
same degree as marital children. Nonmarital children of marital
children are also removed from their parents and ascendants in
the same degree as nonmarital children of nonmarital children.
Accordingly, when a nonmarital child seeks to represent
their deceased parent to succeed in their grandparent’s estate,
Article 982 of the Civil Code shall apply.
To emphasize, this ruling will only apply when the
nonmarital child has a right of representation to their parent’s
share in her grandparent’s legitime. It is silent on collateral
relatives where the nonmarital child may inherit by themselves.
We are not now ruling on the extent of the right of a nonmarital
child to inherit in their own right. Those will be the subject of a
proper case and, if so minded, may also be the subject of more
enlightened and informed future legislation.
However, the application of Article 982 here does not
automatically give Angela the right to inherit from Miguel’s
estate. Angela must still prove her filiation. The Court remanded
the case to the trial court for further proceedings to determine
Amadea's filiation.

17.What is the effect in succession of a guilty spouse in legal separation?

 Art. 1002. In case of a legal separation, if the surviving spouse gave

cause for the separation, he or she shall not have any of the rights
granted in the preceding articles.

18. Summarize escheat proceedings.

 Article 1013. After the payment of debts and charges, the personal property
shall be assigned to the municipality or city where the deceased last resided
in the Philippines, and the real estate to the municipalities or cities,
respectively, in which the same is situated.

If the deceased never resided in the Philippines, the whole estate shall be
assigned to the respective municipalities or cities where the same is located.

Such estate shall be for the benefit of public schools, and public charitable
institutions and centers, in such municipalities or cities. The court shall
 distribute the estate as the respective needs of each beneficiary may
warrant.

The court, at the instance of an interested party, or on its own motion, may
order the establishment of a permanent trust, so that only the income from
the property shall be used. (956a)

19.To whom should an escheated property be assigned?

 The personal property shall be assigned to the municipality or city where

the deceased last resided in the Philippines, and the real estate to the
municipalities or cities, respectively, in which the same is situated.

20.What is the rule on escheated property/ies if a person legally entitled

reappears?

 Article 1014. If a person legally entitled to the estate of the deceased

appears and files a claim thereto with the court within five 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 the municipality or city shall be
accountable to him for such part of the proceeds as may not have been
lawfully spent.