SUC C E S SI ON

by:
AMINDATO, ABDUL CALIF P.
WHAT IS SUCCESSION?

ART 774. SUCCESSION IS A MODE OF ACQUISITION BY

VIRTUE OF WHICH THE PROPERTY, RIGHTS, AND
OBLIGATIONS TO THE EXTENT OF THE VALUE OF THE
INHERITANCE OF A PERSON ARE TRANSMITTED
THROUGH HIS DEATH TO ANOTHER OR OTHERS EITHER
BY HIS WILL OR BY OPERATION OF LAW.
 ELEMENTS
OF
MODE OF
ACQUISITION
SUCCESSION BY WILL OR BY
OPERATION OF
LAW

TRANSFER OF
TRANSFER TO
PROPERTY,
ANOTHER OR
RIGHTS, AND
OTHERS
OBLIGATIONS

TRANSMISSION
THROUGH
DEATH
A. MODE OF ACQUIRING OWNERSHIP

UNDER THE NCC , THE MODES OF ACQUIRING

OWNERSHIP ARE: (OLD TIPS)

1. OCCUPATION
2. LAW
3. DONATION
4. TRADITION
5. INTELLECTUAL CREATION
6. PRESCRIPTION
7. SUCCESSION
B. TRANSFER OF PROPERTY, RIGHTS, AND
OBLIGATIONS TO THE EXTENT OF THE VALUE OF
THE INHERITANCE OF A PERSON:

WHAT DOES DECEDENT MEAN?

ART. 775. IN THIS TITLE, “DECEDENT” IS THE GENERAL

TERM APPLIED O THE PERSON WHOSE PROPERTY IS
TRANSMITTED THROUGH SUCCESSION, WHETHER OR
NOT HE LEFT A WILL. IF HE LEFT A WILL, HE IS CALLED
A TESTATOR.
B. TRANSFER OF PROPERTY, RIGHTS, AND
OBLIGATIONS TO THE EXTENT OF THE VALUE OF
THE INHERITANCE OF A PERSON:

WHAT COULD BE INHERITED?

ART. 776. THE INHERITANCE INCLUDES ALL THE

PROPERTY, RIGHTS, AND OBLIGATIONS OF A PERSON
WHICH ARE NOT EXTINGUISHED BY HIS DEATH.
Succession refers to the legal
mode by which inheritance is
transmitted to the person entitled
to it.
Inheritance refers to the
universality of all the property,
rights, and obligations of a
decedent, which are not
extinguished by his death.
C. TRANSMISSION THROUGH DEATH

ART. 777. THE RIGHTS TO THE SUCCESSION ARE

TRANSMITTED FROM THE MOMENT OF THE DEATH OF
THE DECEDENT.
C. TRANSMISSION THROUGH DEATH

- FOR PURPOSES OF OPENING ONE’S SUCCESSION, THE DEATH MAY EITHER

BE A CASE OF NATURAL DEMISE OR PRESUMPTIVE DEATH.

NATURAL DEMISE PRESUMPTIVE DEATH

Death has been defined as the cessation
of life. Life is not synonymous with civil
personality. One need not acquire civil
personality first before he/she could die.
Even a child inside the womb already
has life.
If the body is not present but and the
person has been absent for the required
number of years and those who are
present do not have any idea as to
whereabouts of his body, he may be
presumed to be dead.
C. TRANSMISSION THROUGH DEATH

WHEN MAY A PERSON BE PRESUMED DEAD FOR PURPOSES OF OPENING

HIS SUCCESSION?
ORDINARY ABSENCE QUALIFIED ABSENCE

When a person disappeared in a situation Where a person disappeared in a situation

where there was no danger of death, the
required of absence is 10 years.But if he
disappeared after the age of 75, the
required period of absence is only 5
years(Art. 390, par. 2, NCC).
where there was danger of death, the
required period of absence is 4 years only
(Art. 391, NCC).
D. TRANSMISSION TO ANOTHER OR OTHERS:

THE LEGATEE OR DEVISEE ACQUIRES A RIGHT TO THE

PURE AND SIMPLE LEGACIES OR DEVISEES FROM THE
DEATH OF THE TESTATOR, AND TRANSMITS IT TO HIS
HEIRS.

DEVISEES AND LEGATEES ARE PERSONS TO WHOM

GIFTS OF REAL AND PERSONAL PROPERTY ARE
RESPECTIVELY GIVEN BY VIRTUE OF A WILL.
D. BY WILL OR BY OPERATION OF LAW

ART. 778. SUCCESSION MAY BE:

(1) TESTAMENTARY;
(2) LEGAL OR INTESTATE; OR
(3) MIXED
D. BY WILL OR BY OPERATION OF LAW

TESTAMENTARY SUCCESSION –

ART. 779. TESTAMENTARY SUCCESSION IS THAT WHICH RESULTS FROM THE

DESIGNATION OF AN HEIR, MADE IN A WILL EXECUTED IN THE FORM PRESCRIBED BY
LAW.

LEGAL OR INTESTATE SUCCESSION

IS THAT WHICH TAKES PLACE BY OPERATION OF LAW IN THE ABSENCE OF A VALID

WILL. IT IS ALSO CALLED INTESTATE SUCCESSION.
D. BY WILL OR BY OPERATION OF LAW

MIXED SUCCESSION

ART. 780. MIXED SUCCESSION IF THAT EFFECTED PARTLY BY WILL AND PARTLY BY
OPERATION OF LAW.

COMPULSORY SUCCESSION

IS ONE REFERRING TO THE LEGITIME AND PREVAILS OVER ALL OTHER KINDS OF
SUCCESSION.
GENERAL KINDS
OF SUCCESSION
GENERAL KINDS OF SUCCESSION

1. AS TO WHETHER A WILL EXIST OR NOT:

A. TESTAMENTARY OR TESTACY – BY A WILL EXECUTED IN THE FORM PRESCRIBED

BY LAW.
B. LEGAL OF INTESTACY – BY OPERATION OF LAW BASED ON THE DECEDENT
PRESUMED WILL
C. MIXED – PARTLY TESTAMENTARY AND PARTLY LEGAL

2. AS TO EFFECTIVITY:

A. INTER VIVOS – TAKES EFFECT DURING THE LIFETIME OF THE SOURCE OF THE
PROPERTY (E.G., DONATION)
B. MORTIS CAUSA – TAKES EFFECT AFTER THE DEATH OF THE SOURCE OF THE
PROPERTY
GENERAL KINDS OF SUCCESSION

3. AS TO EXTENT:

A. UNIVERSAL – COVERS ALL THE PROPERTY, RIGHT, AND OBLIGATIONS OF THE

DECEDE3NT, THAT IS ALL THE RELATIONS IN WHICH THE DECEDENT WAS INVOLVED
B. PARTICULAR – LIMITED TO CERTAIN SPECIFIC ITEMS

4. AS TO PART OF PROPERTY TRANSMITTED

A. FORCED OR COMPULSORY – TAKES PLACE WITH RESPECT TO THE LEGITIME

B. VOLUNTARY – TAKES PLACE WITH RESPECT TO THE FREE PORTION

5. DEDUCIBLE FROM THE PROVISION OF ART 130 OF THE CC WHICH IS CONTRACTUAL

IN CHARACTER AND APPLICABLE ONLY TO DONATIONS OF FUTURE PROPERTY BY
REASON OF MARRIAGE MADE BY ONE SPOUSE TO THE OTHER
ART. 781

TO WHAT EXTENT CAN BE INHERITED?

ART. 781. 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 SUCCESSION.
 ART. 782

HEIRS VS LEGATEES VS DEVISEES

ART. 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 persons to whom gifts of real and personal
property are respectively given by virtue of a will.