CIVIL LAW CASE DIGESTS: INTRODUCTION TO SUCCESSION

TO

TESTATE OR INTESTATE SUCCESSION

DEFINITION AND CONCEPT 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. ART. 712 Ownership is acquired by occupation and by intellectual creation. Ownership and other real rights over property are acquired and transmitted by law, by donation, by estate and intestate succession, and in consequence of certain contracts, by tradition. They may also be acquired by means of prescription. ART. 1311 Contracts take effect only between the parties, their assigns and heirs, except in case where the rights and obligations arising from the contract are not transmissible by their nature, or by stipulation or by provision of law. The heir is not liable beyond the value of the property he received from the decedent. If a contract should contain some stipulation in favor of a third person, he may demand its fulfillment provided he communicated his acceptance to the obligor before its revocation. A mere incidental benefit or interest of a person is not sufficient. The contracting parties must have clearly and deliberately conferred a favor upon a third person. BASIS OF LAW OF SUCCESSION LEGAL PHILOSOPHY OF THE CIVIL CODE ON SUCCESSION FUNDAMENTAL CHANGES IN THE NCC SUBJECTS OF SUCCESSION ART. 775 In this Title, "decedent" is the general term applied to the person whose property is transmitted through succession, whether or not he left a will. If he left a will, he is also called the testator. 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. ART. 887 The following are compulsory heirs: (1) Legitimate children and descendants, with respect to their legitimate parents and ascendants; (2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants; (3) The widow or widower; (4) Acknowledged natural children, and natural children by legal fiction; (5) Other illegitimate children referred to in Article 287. Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by those in Nos. 1 and 2; neither do they exclude one another. In all cases of illegitimate children, their filiation must be duly proved. The father or mother of illegitimate children of the three classes mentioned, shall inherit from them in the manner and to the extent established by this Code. ART. 1003 If there are no descendants, ascendants, illegitimate children, or a surviving spouse, the collateral relatives shall succeed to the entire estate of the deceased in accordance with the following articles. WHO ARE THE SUBJECTS? RELATIONSHIP ARTS 963-969 ART. 963 Proximity of relationship is determined by the number of generations. Each generation forms a degree. (915) ART. 964 A series of degrees forms a line, which may be either direct or collateral. A direct line is that constituted by the series of degrees among ascendants and descendants. A collateral line is that constituted by the series of degrees among persons who are not ascendants and descendants, but who come from a common ancestor. (916a) ART. 965 The direct line is either descending or ascending. The former unites the head of the family with those who descend from him. The latter binds a person with those from whom he descends. (917) ART. 966 In the line, as many degrees are counted as there are generations or persons, excluding the progenitor. In the direct line, ascent is made to the common ancestor. Thus, the child is one degree removed from the parent, two from the grandfather, and three from the greatgrandparent. In the collateral line, ascent is made to the common ancestor and then descent is made to the person with whom the computation is to be made. Thus, a person is two degrees removed from his brother, three from his uncle, who is the brother of his father, four from his first cousin, and so forth. (918a) ART. 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. (920a) ART. 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. (922) ART. 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. CAPACITY TO SUCCEED ART. 1032 The following are incapable of succeeding by reason of unworthiness: (1) Parents who have abandoned their children or induced their daughters to lead a corrupt or immoral life, or attempted against their virtue; (2) Any person who has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants; (3) 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; (4) 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; (5) Any person convicted of adultery or concubinage with the spouse of the testator; (6) Any person who by fraud, violence, intimidation, or undue influence should cause the testator to make a will or to change one already made; (7) 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; (8) Any person who falsifies or forges a supposed will of the decedent. ART. 1034 In order to judge the capacity of the heir, devisee or legatee, his qualification at the time of the death of the decedent shall be the criterion. In
BALANE, BERNARDINO, GALVAN, LEYNES, ROCAMORA SANTOS, VALDEZ Unauthorized distribution and non-submission shall merit expulsion.

CIVIL LAW CASE DIGESTS: INTRODUCTION TO SUCCESSION TO TESTATE OR INTESTATE SUCCESSION

ART. 1039 ART. 16(2)

cases falling under Nos. 2, 3, or 5 of Article 1032, it shall be necessary to wait until final judgment is rendered, and in the case falling under No. 4, the expiration of the month allowed for the report. If the institution, devise or legacy should be conditional, the time of the compliance with the condition shall also be considered. Capacity to succeed is governed by the law of the nation of the decedent. Real property as well as personal property is subject to the law of the country where it is stipulated. However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. Adoracion Campos died, leaving her father, petitioner WHETHER THERE IS PRETERITION, A CAUSE TO ANNUL THE WILL Hermogenes Campos and her sisters, private respondent BY THE DECEDENT? NO Nenita C. Paguia, Remedios C. Lopez and Marieta C. Medina as the surviving heirs. As Hermogenes Campos was the only Although on its face, the will appeared to have preterited the petitioner compulsory heir, he executed an Affidavit of Adjudication [Rule and thus, the respondent judge should have denied its reprobate outright, 74 Section I] adjudicating unto himself the ownership of the the private respondents have sufficiently established that Adoracion was, entire estate of the deceased Adoracion Campos. at the time of her death, an American citizen and a permanent resident of Philadelphia, Pennsylvania, U.S.A. Therefore, under Article 16 par. (2) 11 months after, Nenita C. Paguia filed a petition for the and 1039 of the Civil Code which respectively provide: reprobate of a will of the deceased, which was allegedly Art. 16 par. (2). executed in the US and for her appointment as administratrix However, intestate and testamentary successions, both with respect to of the estate of the deceased testatrix. She alleged that the the order of succession and to the amount of successional rights and to testatrix was an American citizen at the time of her death and the intrinsic validity of testamentary provisions, shall be regulated by the was a permanent resident thereof. She died in Manila while national law of the person whose succession is under consideration, temporarily residing with her sister. In her will she nominated whatever may be the nature of the property and regardless of the country Wilfredo Barzaga of New Jersey as executor. wherein said property may be found." Hermogenes claimed it was a forgery; that the intrinsic provisions of the will are null and void; and that even if pertinent American laws on intrinsic provisions are invoked, the same could not apply inasmuch as they would work injustice and injury to him. TC PROBATE Meanwhile, petitioner Hermogenes Campos died and left a will, which, incidentally has been questioned by the respondent, his children and forced heirs as, on its face patently null and void, and a fabrication, appointing Polly Cayetano as the executrix of his last will and testament. Cayetano, therefore, filed a motion to substitute herself as petitioner in the instant case which was granted by the court. The respondents moved to dismiss on the ground that the rights of the petitioner Hermogenes Campos merged upon his death with the rights of the respondent and her sisters, only remaining children and forced heirs. This was DENIED. Art. 1039. "Capacity to succeed is governed by the law of the nation of the decedent." The law which governs Adoracion Campo's will is the law of Pennsylvania, U.S.A., which is the national law of the decedent. Pennsylvania law does not provide for legitimes and that all the estate may be given away by the testatrix to a complete stranger. Petition DISMISSED

CAYETANO V. LEONIDAS

The petitioner maintains that since the respondent judge allowed the reprobate of Adoracion's will, Hermogenes C. Campos was divested of his legitime which was reserved by the law for him. WHO MAY SUCCEED? ARTS. 1024-26, 1029-30 ART. 1024 Persons not incapacitated by law may succeed by will or ab intestato. The provisions relating to incapacity by will are equally applicable to intestate succession. ART. 1025 n order to be capacitated to inherit, the heir, devisee or legatee must be living at the moment the succession opens, except in case of representation, when it is proper. A child already conceived at the time of the death of the decedent is capable of succeeding provided it be born later under the conditions prescribed in article 41. ART. 1026 A testamentary disposition may be made to the State, provinces, municipal corporations, private corporations, organizations, or associations for religious, scientific, cultural, educational, or charitable purposes. All other corporations or entities may succeed under a will, unless there is a provision to the contrary in their charter or the laws of their creation, and always subject to the same. ART. 1029 Should the testator dispose of the whole or part of his property for prayers and pious works for the benefit of his soul, in general terms and without specifying its application, the executor, with the court's approval shall deliver one-half thereof or its proceeds to the church or denomination to which the testator may belong, to be used for such prayers and pious works, and the other half to the State, for the purposes mentioned in Article 1013. ART. 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. ART. 1030 Testamentary provisions in favor of the poor in general, without designation of particular persons or of any community, shall be deemed limited to the poor living in the domicile of the testator at the time of his death, unless it should clearly appear that his intention was otherwise. The designation of the persons who are to be considered as poor and the distribution of the property shall be made by the person appointed by the testator for the purpose; in default of such person, by the executor, and should there be no executor, by the justice of the
BALANE, BERNARDINO, GALVAN, LEYNES, ROCAMORA SANTOS, VALDEZ Unauthorized distribution and non-submission shall merit expulsion.

CIVIL LAW CASE DIGESTS: INTRODUCTION TO SUCCESSION TO TESTATE OR INTESTATE SUCCESSION

peace, the mayor, and the municipal treasurer, who shall decide by a majority of votes all questions that may arise. In all these cases, the approval of the Court of First Instance shall be necessary. The preceding paragraph shall apply when the testator has disposed of his property in favor of the poor of a definite locality. PARISH In his will, the late Father Pascual Rigor of Victoria, Tarlac, WAS THE TESTATORS GRANDNEPHEW CAPACITATED TO PRIEST OF devised 44 hectares of ricelands to his nearest male relative INHERIT? NO VICTORIA V. who would study for the priesthood and provided that the RIGOR administration of the ricelands would be under the In order to be capacitated to inherit, the heir, devisee or legatee must be responsibility of the parish priest of Victoria during the time that living at the moment the succession opens, except in case of there is no qualified devisee as contemplated in the will. During representation, when it is proper (Art. 1025, Civil Code). the testate proceedings, the trial court approved the project of partition and directed the administratrix to deliver to the If the bequest for any reason should be inoperative, it shall be merged into devisees their respective shares. Inasmuch as no nearest male the estate, except in cases of substitution and those in which the right of relative of the testator claimed the devise and as the accretion exists (Art. 956, New Civil Code). The Civil Code recognizes administratrix and the legal heirs believed that the parish priest that a person may die partly testate and partly intestate, or that there may of Victoria had no right to administer the ricelands, the same be mixed succession. The old rule as to the indivisibility of the testator's were not delivered to him. The latter, however, petitioned for will is no longer valid. Thus, if a conditional legacy does not take effect, delivery of the ricelands to the church. there will be intestate succession as to the property covered by the said legacy. The lower court, after first declaring the bequest inoperative, later reconsidered its findings in an order, on the ground that the testator had a grandnephew (born after the testator's death), who was a seminarian, and directed the administrator of the estate to deliver the ricelands to the parish priest of Victoria as trustee. On appeal, the Court of Appeals reversed the order. WHO ARE INCAPABLE OF SUCCEEDING? ARTS. 1027-28,1031-33. ART. 1027 The following are incapable of succeeding: (1) The priest who heard the confession of the testator during his last illness, or the minister of the gospel who extended spiritual aid to him during the same period; (2) The relatives of such priest or minister of the gospel within the fourth degree, the church, order, chapter, community, organization, or institution to which such priest or minister may belong; (3) A guardian with respect to testamentary dispositions given by a ward in his favor before the final accounts of the guardianship have been approved, even if the testator should die after the approval thereof; nevertheless, any provision made by the ward in favor of the guardian when the latter is his ascendant, descendant, brother, sister, or spouse, shall be valid; (4) Any attesting witness to the execution of a will, the spouse, parents, or children, or any one claiming under such witness, spouse, parents, or children; (5) Any physician, surgeon, nurse, health officer or druggist who took care of the testator during his last illness; (6) Individuals, associations and corporations not permitted by law to inherit. ART. 1028 The prohibitions mentioned in article 739, concerning donations inter vivos shall apply to testamentary provisions. ART. 739 The following donations shall be void: (1) Those made between persons who were guilty of adultery or concubinage at the time of the donation; (2) Those made between persons found guilty of the same criminal offense, in consideration thereof; (3) Those made to a public officer or his wife, descedants and ascendants, by reason of his office. In the case referred to in No. 1, the action for declaration of nullity may be brought by the spouse of the donor or donee; and the guilt of the donor and donee may be proved by preponderance of evidence in the same action. ART. 1031 A testamentary provision in favor of a disqualified person, even though made under the guise of an onerous contract, or made through an intermediary, shall be void. ART. 1032 The following are incapable of succeeding by reason of unworthiness: (1) Parents who have abandoned their children or induced their daughters to lead a corrupt or immoral life, or attempted against their virtue; (2) Any person who has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants; (3) 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; (4) 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; (5) Any person convicted of adultery or concubinage with the spouse of the testator; (6) Any person who by fraud, violence, intimidation, or undue influence should cause the testator to make a will or to change one already made; (7) 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; (8) Any person who falsifies or forges a supposed will of the decedent. ART. 1033 The cause of unworthiness shall be without effect if the testator had knowledge thereof at the time he made the will, or if, having known of them subsequently, he should condone them in writing. EFFECT OF ALIENATIONS BY THE EXCLUDED HEIR ART. 1036 Alienations of hereditary property, and acts of administration performed by the excluded heir, before the judicial order of exclusion, are valid as to the third persons who acted in good faith; but the co-heirs shall have a right to recover damages from the disqualified heir. RIGHTS OF THE EXCLUDED HEIR ART. 1035 If the person excluded from the inheritance by reason of incapacity should be a child or descendant of the decedent and should have children or descendants, the latter shall acquire his right to the legitime. The person so excluded shall not enjoy the usufruct and administration of the property thus inherited by his children. ART. 1037 The unworthy heir who is excluded from the succession has a right to demand indemnity or any expenses incurred in the preservation of the
BALANE, BERNARDINO, GALVAN, LEYNES, ROCAMORA SANTOS, VALDEZ Unauthorized distribution and non-submission shall merit expulsion.

CIVIL LAW CASE DIGESTS: INTRODUCTION TO SUCCESSION TO TESTATE OR INTESTATE SUCCESSION

hereditary property, and to enforce such credits as he may have against the estate. 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. LIABILITIES OF THE EXCLUDED HEIR ART. 1038 Any person incapable of succession, who, disregarding the prohibition stated in the preceding articles, entered into the possession of the hereditary property, shall be obliged to return it together it its accessions. He shall be liable for all the fruits and rents he may have received, or could have received through the exercise of due diligence. PRESCRIPTION OF ACTION ART. 1040 The action for a declaration of incapacity and for the recovery of the inheritance, devise or legacy shall be brought within five years from the time the disqualified person took possession thereof. It may be brought by any one who may have an interest in the succession. OBJECT OF SUCCESSION ART. 776 The inheritance includes all the property, rights and obligations of a person which are not extinguished by his death. 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. 1311 Contracts take effect only between the parties, their assigns and heirs, except in case where the rights and obligations arising from the contract are not transmissible by their nature, or by stipulation or by provision of law. The heir is not liable beyond the value of the property he received from the decedent. If a contract should contain some stipulation in favor of a third person, he may demand its fulfillment provided he communicated his acceptance to the obligor before its revocation. A mere incidental benefit or interest of a person is not sufficient. The contracting parties must have clearly and deliberately conferred a favor upon a third person. ART. 1429 When a testate or intestate heir voluntarily pays a debt of the decedent exceeding the value of the property which he received by will or by the law of intestacy from the estate of the deceased, the payment is valid and cannot be rescinded by the payer. ART. 1178 Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary. ART. 1347 All things which are not outside the commerce of men, including future things, may be the object of a contract. All rights which are not intransmissible may also be the object of contracts. No contract may be entered into upon future inheritance except in cases expressly authorized by law. All services which are not contrary to law, morals, good customs, public order or public policy may likewise be the object of a contract. ART. 108, Obligation to make restoration, reparation for damages, or indemnification for consequential damages and actions to demand the same; RPC Upon whom it devolves. The obligation to make restoration or reparation for damages and indemnification for consequential damages devolves upon the heirs of the person liable. The action to demand restoration, reparation, and indemnification likewise descends to the heirs of the person injured. REYES V. Torcuato Reyes executed a last will and testament wherein he CAN THE COURT INQUIRE INTO THE INTRINSIC VALIDITY OF A CA, stated that he was bequeathing some of his personal and real WILL? YES. AS AN EXCEPTION. properties to his wife, Asuncion "Oning" Reyes, and designating private respondent as executor. After his death, As a general rule, courts in probate proceedings are limited to pass only private respondent filed a petition for the probate of the will upon the extrinsic validity of the will sought to be probated. Thus, the court which was opposed by petitioners, Torcuato's natural children, merely inquires on its due execution, whether or not it complies with the and their mothers claiming, among others, that Asuncion formalities prescribed by law, and the testamentary capacity of the Reyes was never married to the testator because she was testator. It does not determine nor even by implication prejudge the already married to Lupo Ebarle and that their marriage was not validity or efficacy of the will's provisions. annulled. The intrinsic validity is not considered since the consideration thereof The will was admitted to probate but the disposition to usually comes only after the will has been proved and allowed. There are, Asuncion Reyes was declared by the trial court as null and however, notable circumstances wherein the intrinsic validity was first void for being contrary to law and morals. determined as when the defect of the will is apparent on its face and the probate of the will may become a useless ceremony if it is intrinsically On appeal, the Court of Appeals modified the trial court's invalid. The intrinsic validity of a will may be passed upon because decision declaring valid the assailed disposition on the ground "practical considerations" demanded it as when there is preterition of heirs that the oppositors failed to present competent evidence that or the testamentary provisions are of doubtful legality. Where the parties Asuncion Reyes was legally married to another. Hence, this agree that the intrinsic validity be first determined, the probate court may recourse of petitioners who belatedly presented a copy of the also do so. Parenthetically, the rule on probate is not inflexible and marriage certificate of Asuncion Reyes and Lupo Abarle. absolute. Under exceptional circumstances, the probate court is not powerless to do what the situation constrains it to do and pass upon certain provisions of the will. ART. 1014 Considering that the oppositors never showed any competent evidence, documentary or otherwise during the trial to show that Asuncion "Oning Reyes' marriage to the testator was inexistent or void, either because of a pre-existing marriage or adulterous relationship, the trial court gravely erred in striking down the assailed paragraphs of the subject Last Will and Testament, as void for being contrary to law and morals. Said declarations are not sufficient to destroy the presumption of marriage. Nor is it enough to overcome the very declaration of the testator that Asuncion Reyes is his wife A will is the testator speaking after death. Its provisions have substantially the same force and effect in the probate court as if the testator stood before the court in full like making the declarations by word of mouth as they appear in the will. That was the special purpose of the law in the creation of the instrument known as the last will and testament. Men wished to speak after they were dead and the law, by the creation of that instrument, permitted them to do so . . . All doubts must be resolved in favor of the testator's having meant just what he said.
BALANE, BERNARDINO, GALVAN, LEYNES, ROCAMORA SANTOS, VALDEZ Unauthorized distribution and non-submission shall merit expulsion.

CIVIL LAW CASE DIGESTS: INTRODUCTION TO SUCCESSION TO TESTATE OR INTESTATE SUCCESSION

GUINTO V. MEDINA OPENING OF SUCCESSION ART. 777 The rights to the succession are transmitted from the moment of the death of the decedent. ART. 2263 Rights to the inheritance of a person who died, with or without a will, before the effectivity of this Code, shall be governed by the Civil Code of 1889, by other previous laws, and by the Rules of Court. The inheritance of those who, with or without a will, die after the beginning of the effectivity of this Code, shall be adjudicated and distributed in accordance with this new body of laws and by the Rules of Court; but the testamentary provisions shall be carried out insofar as they may be permitted by this Code. Therefore, legitimes, betterments, legacies and bequests shall be respected; however, their amount shall be reduced if in no other manner can every compulsory heir be given his full share according to this Code. ART. 2253 The Civil Code of 1889 and other previous laws shall govern rights originating, under said laws, from acts done or events which took place under their regime, even though this Code may regulate them in a different manner, or may not recognize them. But if a right should be declared for the first time in this Code, it shall be effective at once, even though the act or event which gives rise thereto may have been done or may have occurred under prior legislation, provided said new right does not prejudice or impair any vested or acquired right, of the same origin. ART. 533 The possession of hereditary property is deemed transmitted to the heir without interruption and from the moment of the death of the decedent, in case the inheritance is accepted. One who validly renounces an inheritance is deemed never to have possessed the same. ART. 1347 All things which are not outside the commerce of men, including future things, may be the object of a contract. All rights which are not intransmissible may also be the object of contracts. No contract may be entered into upon future inheritance except in cases expressly authorized by law. All services which are not contrary to law, morals, good customs, public order or public policy may likewise be the object of a contract. ART. 1461 Things having a potential existence may be the object of the contract of sale. The efficacy of the sale of a mere hope or expectancy is deemed subject to the condition that the thing will come into existence. The sale of a vain hope or expectancy is void. ART. 130 The future spouses may give each other in their marriage settlements as much as one-fifth of their present property, and with respect to their future property, only in the event of death, to the extent laid down by the provisions of this Code referring to testamentary succession. ART. 132 The donor by reason of marriage shall release the property donated from mortgages and all other encumbrances upon the same, with the exception of easements, unless in the marriage settlements or in the contracts the contrary has been stipulated. ART. 390 After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for those of succession. The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened. ART. 391 The following shall be presumed dead for all purposes, including the division of the estate among the heirs: (1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane; (2) A person in the armed forces who has taken part in war, and has been missing for four years; (3) A person who has been in danger of death under other circumstances and his existence has not been known for four years. ART. 84, FC If the future spouses agree upon a regime other than the absolute community of property, they cannot donate to each other in their marriage settlements more than one-fifth of their present property. Any excess shall be considered void. Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills. ART. 86, FC A donation by reason of marriage may be revoked by the donor in the following cases: (1) If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements, which shall be governed by Article 81; (2) When the marriage takes place without the consent of the parents or guardian, as required by law; (3) When the marriage is annulled, and the donee acted in bad faith; (4) Upon legal separation, the donee being the guilty spouse; (5) If it is with a resolutory condition and the condition is complied with; (6) When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general. ART. 81, FC Everything stipulated in the settlements or contracts referred to in the preceding articles in consideration of a future marriage, including donations between the prospective spouses made therein, shall be rendered void if the marriage does not take place. However, stipulations that do not depend upon the celebration of the marriages shall be valid. REQUISITES FOR THE TRANSMISSION OF SUCCESSIONAL RIGHTS 1. EXPRESS WILL OF THE TESTATOR OR PROVISION OF LAW 2. DEATH OF THE PERSON WHOSE PROPERTY IS THE SUBJECT OF SUCCESSION 3. ACCEPTANCE OF THE INHERITANCE ART. 1041 The acceptance or repudiation of the inheritance is an act which is purely voluntary and free. ART. 1042 The effects of the acceptance or repudiation shall always retroact to the moment of the death of the decedent. ART. 1043 No person may accept or repudiate an inheritance unless he is certain of the death of the person from whom he is to inherit, and of his right to the inheritance. ART. 1044 Any person having the free disposal of his property may accept or repudiate an inheritance. Any inheritance left to minors or incapacitated persons may be accepted by their parents or guardians. Parents or guardians may repudiate the inheritance left to their wards only by judicial authorization. The right to accept an inheritance left to the poor shall belong to the persons designated by the testator to determine the beneficiaries and distribute the property, or in their default, to those mentioned in Article 1030. ART. 1030 Testamentary provisions in favor of the poor in general, without designation of particular persons or of any community, shall be deemed limited to the poor living in the domicile of the testator at the time of his death, unless it should clearly appear that his intention was otherwise. The designation of the persons who are to be considered as poor and the distribution of the property shall be made by the person appointed by the testator for the purpose; in default of such person, by the executor, and should there be no executor, by the justice of the peace, the mayor, and the municipal treasurer, who shall decide by a majority of votes all questions that may arise. In all these cases, the approval of the Court of First Instance shall be necessary. The preceding paragraph shall apply when the testator has disposed of his property in favor of the poor of a definite locality. ART. 1045 The lawful representatives of corporations, associations, institutions and entities qualified to acquire property may accept any inheritance left
BALANE, BERNARDINO, GALVAN, LEYNES, ROCAMORA SANTOS, VALDEZ Unauthorized distribution and non-submission shall merit expulsion.

CIVIL LAW CASE DIGESTS: INTRODUCTION TO SUCCESSION TO TESTATE OR INTESTATE SUCCESSION

ART. 1046 ART. 1047 ART. 1048 ART. 1049

ART. 1050

ART. 1051 ART. 1052

ART. 1053 ART. 1054 ART. 1055 ART. 1056 ART. 1057 USON V. DEL ROSARIO

to the latter, but in order to repudiate it, the approval of the court shall be necessary. Public official establishments can neither accept nor repudiate an inheritance without the approval of the government. A married woman of age may repudiate an inheritance without the consent of her husband. Deaf-mutes who can read and write may accept or repudiate the inheritance personally or through an agent. Should they not be able to read and write, the inheritance shall be accepted by their guardians. These guardians may repudiate the same with judicial approval. Acceptance may be express or tacit. An express acceptance must be made in a public or private document. A tacit acceptance is one resulting from acts by which the intention to accept is necessarily implied, or which one would have no right to do except in the capacity of an heir. Acts of mere preservation or provisional administration do not imply an acceptance of the inheritance if, through such acts, the title or capacity of an heir has not been assumed. An inheritance is deemed accepted: (1) If the heirs sells, donates, or assigns his right to a stranger, or to his co-heirs, or to any of them; (2) If the heir renounces the same, even though gratuitously, for the benefit of one or more of his co-heirs; (3) If he renounces it for a price in favor of all his co-heirs indiscriminately; but if this renunciation should be gratuitous, and the co-heirs in whose favor it is made are those upon whom the portion renounced should devolve by virtue of accretion, the inheritance shall not be deemed as accepted. The repudiation of an inheritance shall be made in a public or authentic instrument, or by petition presented to the court having jurisdiction over the testamentary or intestate proceedings. If the heir repudiates the inheritance to the prejudice of his own creditors, the latter may petition the court to authorize them to accept it in the name of the heir. The acceptance shall benefit the creditors only to an extent sufficient to cover the amount of their credits. The excess, should there be any, shall in no case pertain to the renouncer, but shall be adjudicated to the persons to whom, in accordance with the rules established in this Code, it may belong. If the heir should die without having accepted or repudiated the inheritance his right shall be transmitted to his heirs. Should there be several heirs called to the inheritance, some of them may accept and the others may repudiate it. If a person, who is called to the same inheritance as an heir by will and ab intestato, repudiates the inheritance in his capacity as a testamentary heir, he is understood to have repudiated it in both capacities. Should he repudiate it as an intestate heir, without knowledge of his being a testamentary heir, he may still accept it in the latter capacity. The acceptance or repudiation of an inheritance, once made, is irrevocable, and cannot be impugned, except when it was made through any of the causes that vitiate consent, or when an unknown will appears. Within thirty days after the court has issued an order for the distribution of the estate in accordance with the Rules of Court, the heirs, devisees and legatees shall signify to the court having jurisdiction whether they accept or repudiate the inheritance. If they do not do so within that time, they are deemed to have accepted the inheritance. Petitioner Maria Uson is the lawful wife (and only WHO MAY CLAIM THE PROPERTY? lawful heir) Defendant Maria Del Rosario is the common law When Faustino died in 1945, the 5 parcels of land passed from the moment of his death to his only heir, his widow, Maria Uson. wife of Faustino Nebrada Lawful wife wanted to recover ownership and possession of 5 parcels of land in Pangasinan from The argument of the defendants (that Maria Uson already relinquished her common law wife and her 4 children. Lawful wife rights) IS NOT tenable because future inheritance cannot be the subject claims that common law wife took possession of it of a contract nor can it be renounced. illegally. Defendant claims that in Feb 21. 1935, lawful wife Defendants claim that the illegitimate children are now given equal status and husband executed a public document agreeing and rights as natural children under the NCC. The court believes that to separate and in consideration , a parcel of land THERE IS NO MERIT to this claim because retroactivity only applies if the was given to Uson for her to renounce her right to new rights do not prejudice any vested or acquired right. ( In this case, it inherit any property that may be left by her husband does! It prejudiced the right of Maria Uson). In the end, and maybe out of guilt, compassion and pity, Maria Uson agreed to assign the lands to the upon his death. minor children, but the court disapproved of this because it partook of the nature of a donation of real property. Since, it was not made in a public document, the formalities were not followed. The donation did not have valid effect. 1. Francisco upon the death of his wife Josefa Tangco filed a petition for the probate of her will; Franciso appointed as administrator, son Jose de Borja was appointed as co-administrator Francisco has a 2nd wife, when he died, Jose became the sole administrator of the testate of Josefa. Upon Franciscos death, Tasiana (2nd wife) instituted testate proceedings in Nueva Ecija In order to put an end to all the litigations, a compromise agreement was entered between Jose and Tasiana. Jose submitted the agreement for court approval in Rizal and Nueva Ecija in which Tasiana opposed in both instances Rizal Court approved the agreement while the Nueva Ecija court declared it void and unenforceable Jose appealed the disapproval while Tasiana appealed the approval ISSUE: Validity of the compromise agreement COURT: The doctrine of Guevara v. Guevara is NOT APPLICABLE. There was no attempt to settle or distribute the estate of Francisco among the heirs before the probate of the will. The clear object of the contract was merely the conveyance by T of any and all her individual share and interest, actual or eventual in the estate of Francisco and Josefa. As a hereditary share in the a decedents estate is transmitted or vested immediately from the moment of the death of such causante or predecessor in interest, there is no legal bar to a successor disposing of her or his hereditary share immediately after such death even if actual extent of the share is not determined until liquidation of the estate. As the surviving spouse of Francisco, T became compulsory heir under Art 995, Civil Code. So, her successional interest existed independent of F will and testatament and would exist if such will were not probated at all.

DE BORJA V. DE BORJA

2. 3.
4. 5. 6. 7.

BALANE, BERNARDINO, GALVAN, LEYNES, ROCAMORA SANTOS, VALDEZ Unauthorized distribution and non-submission shall merit expulsion.

CIVIL LAW CASE DIGESTS: INTRODUCTION TO SUCCESSION TO TESTATE OR INTESTATE SUCCESSION

8.

9.

The validity of the compromise agreement was attacked by Tasiana: a) The heirs cannot enter into such kind of agreement w/o first probating the will of Francisco b) That it involves the a compromise in the validity of the marriage of her and Francisco c) Even if it were valid, it has ceased to have the force and effect Tasiana relied on the ruling of Guevara v. Guevara where it held that presentation of a will for probate is mandatory and that the settlement and distribution of an estate on the basis of intestacy when decedent left a will, is against the law and public policy

VALID AGREEMENT The agreement was entered by and between Jose PERSONALLY and as administrator and the heir and surviving spouse, Tasiana. It is clear that the transaction was binding on both in their individual capacities, upon the perfection of the K, even without previous authority of the Court to enter into the same. JURISDICTION OF RIZAL COURT TO APPROVE THE COMPROMISE This is irrelevant since what was sold by T was only her eventual share in the estate and not the estate itself; and that eventual share she owned from the time of Fs death and the Court of Nueva Ecija could not bar her selling it. As owner of undivided hereditary share, T could dispose of it in favour of whomever she chose.

And that section 1, Rule 74 explicitly conditions the validity of an extrajudicial settlement of a decedents estate by agreement between the heirs upon the facts that the decedent left no will and no debts and heirs are all of legal age thus will of Francisco is still pending probate, bars the validity of the agreement 10. Jose: governing provision at the time the agreement was made was Section 1, Rule 74 of the 1940 Rules of Court which allowed the extrajudicial settlement regardless of whether the decedent left a will or not

BONILLA V. BARCENA

On March 31, 1975 Fortunata Barcena, mother of minors Rosalio Bonilla and Salvacion Bonilla and wife of Ponciano Bonilla, instituted a civil action in the Court of First Instance of Abra, to quiet title over certain parcels of land located in Abra. On August 4, 1975, the defendants filed a motion to dismiss the complaint on the ground that Fortunata Barcena is dead and, therefore, has no legal capacity to sue. Said motion to dismiss was heard on August 14, 1975. In said hearing, counsel for the plaintiff confirmed the death of Fortunata Barcena and asked for substitution by her minor children and her husband, the petitioners herein; but the court after the hearing immediately dismissed the case on the ground that a dead person cannot be a real party in interest and has no legal personality to sue. Counsel for deceased plaintiff filed a written manifestation praying that the minors Rosalio Bonilla and Salvacion Bonilla be allowed to substitute their deceased mother, but the court denied the counsel's prayer for lack of merit.

WHETHER THE MOMENT OF DEATH OF THE DECEDENT SUFFICES TO TRANSMIT HIS ESTATE TO HIS HEIRS. YES. SUCCESSION; RIGHTS TO SUCCESSION TRANSMITTED FROM THE MOMENT OF DEATH OF DECEDENT. From the moment of the death of the decedent, the heirs become the absolute owners of his property, subject to the rights and obligations of the decedent, and they cannot be deprived of right thereto except by the methods provided for by law. The moment of death is the determining factor where the heirs acquire a definite right to the inheritance whether such right to be pure or contingent. The right of the heirs to the property of the deceased vests in them even before judicial declaration of their being heirs in the testate or intestate proceedings. HEIRS BECOME PARTIES IN INTEREST. The death of the plaintiff during the pendency of an action to quiet title of a parcel of land did not extinguish her claim or right to the parcels of land in litigation but was transmitted to her heirs upon her death. Her heirs have thus acquired interest in the properties in litigation and became parties in interest in the case. There is therefore, no reason for the Court not to follow their substitution as parties in interest for the deceased plaintiff. REFUSAL OF COURT TO ALLOW SUBSTITUTION ON THE GROUND THAT THE HEIRS WERE STILL MINORS IS A GRAVE ERROR. Where, upon the death of the plaintiff in an action to quiet title, counsel has not only asked that the minor children be substituted for her but also suggested that the uncle be appointed as guardian ad litem for them because their father is busy earning a living for the family; it is grave error for the respondent court to refuse the request for substitution on the ground that the children were still minors and cannot sue, because it ought to know that Section 17, Rule 3 of the Rules of Court, directs the Court to appoint a guardian ad litem for the minor.

BOUGH V. Wrong citation / wrong case? ?(not traceable) sorry! MODESTO Bernice Wala din sa mismong Phil Reports BORROMEOHERRERA V. BORROMEO KINDS OF SUCCESSION
BALANE, BERNARDINO, GALVAN, LEYNES, ROCAMORA SANTOS, VALDEZ Unauthorized distribution and non-submission shall merit expulsion.

CIVIL LAW CASE DIGESTS: INTRODUCTION TO SUCCESSION TO TESTATE OR INTESTATE SUCCESSION

ART. 778

Succession may be: (1) Testamentary; (2) Legal or intestate; or (3) Mixed.

1. TESTAMENTARY 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. 2. LEGAL OR INTESTATE ART. 960 Legal or intestate succession takes place: (1) If a person dies without a will, or with a void will, or one which has subsequently lost its validity; (2) 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; (3) 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; (4) When the heir instituted is incapable of succeeding, except in cases provided in this Code. 3. MIXED ART. 780 Mixed succession is that effected partly by will and partly by operation of law. 4. CONTRACTUAL ART. 130 The future spouses may give each other in their marriage settlements as much as one-fifth of their present property, and with respect to their future property, only in the event of death, to the extent laid down by the provisions of this Code referring to testamentary succession. ART. 1347 All things which are not outside the commerce of men, including future things, may be the object of a contract. All rights which are not intransmissible may also be the object of contracts. No contract may be entered into upon future inheritance except in cases expressly authorized by law. All services which are not contrary to law, morals, good customs, public order or public policy may likewise be the object of a contract. (1271a) ART. 752 The provisions of Article 750 notwithstanding, no person may give or receive, by way of donation, more than he may give or receive by will. The donation shall be inofficious in all that it may exceed this limitation. ART. 750 The donations may comprehend all the present property of the donor, or part thereof, provided he reserves, in full ownership or in usufruct, sufficient means for the support of himself, and of all relatives who, at the time of the acceptance of the donation, are by law entitled to be supported by the donor. Without such reservation, the donation shall be reduced in petition of any person affected. ART. 84, FC If the future spouses agree upon a regime other than the absolute community of property, they cannot donate to each other in their marriage settlements more than one-fifth of their present property. Any excess shall be considered void. Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills.

BALANE, BERNARDINO, GALVAN, LEYNES, ROCAMORA SANTOS, VALDEZ Unauthorized distribution and non-submission shall merit expulsion.