Succession Notes

Succession
Notes
Atty. Noel Neil Q. Malimban, CPA
August 30, 2004
General Provisions
What is Succession?
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. 774, New
Civil Coe (NCC!, unless ot"erwise
ini#ate!
The defnition implies that there are
other modes of acquiring ownership.
What are these other modes?
Apart from testate or intestate
succession, the other modes are:
(a !ccupation"
(b #ntellectual $reation"
(c %aw ($or instan#e, %ossession
sin#e &une '2, '(4) uner t"e
Publi# *an *aw!"
(d &onation"
(e 'radition"
(f (rescription.
Whose properties are being
transferred?
'he general term applied to the
person whose property is transmitted
through succession is )decedent,*
whether or not he left a will. #f he left a
will, he is also called the )testator.* (Art.
77)!
To whom is the transfer being made?
'he inheritance is transferred to
the decedent*s heirs who are those
called to the succession by the provision
of a will or by operation of law. (Art. 7+2,
'
st
%ar.!
'hey may also be transferred to
devisees and legatees who are those
persons to whom gifts of real and
personal property are respectively given
by virtue of a will. (Art. 7+2, 2
n
%ar.!
What are being transmitted?
#n succession, all the property,
rights and obligations which are not
extinguished by death, of a person are
transmitted and are collectively called
the inheritance. (Art. 77,!
'he inheritance 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. 7+'!.
When is the transfer efective?
'he rights to the succession are
transmitted from the moment of the
death of the decedent. (Art. 777!
What are the inds of succession?
Succession may be:
'estamentary"
%egal or intestate" or
+ixed. (Art. 77+!
What is testamentar! succession?
'estamentary succession is that
which results from the designation of an
heir, made in a will executed in the form
prescribed by law. (Art. 77(!
What is legal or intestate
succession?
'hat ,ind of succession, which
ta,es place by operation of law by reason
of any of the following:
-. A person dies without a will, or
with a void will, or one which has
subsequently lost its validity"
.. /hen the will does not institute an
heir to, or dispose of all the
property belonging to the testator.
#n such case, legal succession shall
ta,e place only with respect to the
property of which the testator has
not disposed. (-ee mi.e
su##ession, in$ra!
0. #f the suspensive condition
attached to the institution of heir
does not happen or is not ful1lled"
2. #f the heir dies before the testator"
3. #f the heir repudiates the
inheritance, there being no
substitution, and no right of
accretion ta,es place"
4. /hen the heir instituted is
incapable of succeeding. (Art. (,0!
What is mi"ed succession?
+ixed succession is that e5ected
partly by will and partly by operation of
law. (Art. 7+0!
#t ta,es place speci1cally when the
will does not institute an heir to, or
dispose of all the property belonging to
the testator. #n such case, legal
succession shall ta,e place only with
respect to the property of which the
testator has not disposed. (Art. (,0, 2!
Who is an heir?
An heir is a person called to the
succession either by the provision of a
will or by operation of law. (Art. 7+2!
6eirs may either be compulsory or
voluntary.
A compulsory heir is one entitled
to a legitime or a share in the testator*s
property, as a matter of right, in
accordance with the proportions provided
by law. !ne is a compulsory heir only
with respect to his legitime.
A voluntary heir is one who is not
entitled to inherit as a matter of right
from the testator but nevertheless shares
in the testator*s property only because
he was instituted in the will as such.
/hat ma,es a person a
compulsory heir is his relationship to the
testator. /hat ma,es a person a
voluntary heir is not his relationship to
the testator, but the fact that he shares
in the free portion of the estate, and to
that extent only.
A compulsory heir, therefore, can
be a voluntary heir (or a legatee or
devisee, for that matter, if he is given a
share in excess of his legitime, that is, a
share ta,en from the free portion of the
estate. 6e is a compulsory heir with
respect to his legitime while he is a
voluntary heir with respect to the excess.
7ut a stranger can only be a
voluntary heir, (or a legatee or devisee,
for that matter, never a compulsory
heir, for the obvious reason that a
stranger is not entitled to a legitime.
Who are compulsor! heirs?
'he following are compulsory
heirs:
-. %egitimate children and
descendants, with respect to their
legitimate parents and
ascendants"
.. #n default of the foregoing,
legitimate parents and ascendants,
with respect to their legitimate
children and descendants"
0. 'he widow or widower"
2. #llegitimate children. (Art. ++7, in
rel. Art. ',), /C!
What are the two t!pes of
compulsor! heirs?
$ompulsory heirs may either be:
-. (rimary
a. %egitimate children and
descendants, with respect to
their legitimate parents and
ascendants"
b. 'he widow or widower"
c.#llegitimate children.
.. Secondary
a. %egitimate parents and
ascendants, with respect to
their legitimate children and
descendants"
b. #llegitimate parents and
ascendants, with respect to
their illegitimate children and
descendants.
Wh! is the distinction relevant?
'he distinction is relevant because
primary compulsory heirs are never
excluded nor do they exclude one
another. Secondary compulsory heirs are
excluded by legitimate children and
descendants (Art. ++7, no. 2! and, if the
testator is illegitimate, by illegitimate
children and descendants. (Art. (03,
se#on senten#e!
Who are devisees? #egatees?
&evisees 8 one given a gift of real
property in a will.
%egatees 8 one given a gift of
personal property in a will.
(Art. 9:., 2
n
%ar.!
$ow are heirs distinguished from
devisees and legatees?
An heir is distinguished from
devisees and legatees as follows:
6eirs may exist in either testate or
intestate succession while devisees and
legatees exist only in testamentary
succession because they are given
speci1c property through a will.
#n preterition, an instituted heir
gets nothing, while devisees and
legatees get the property given to them
as long as the legitime is not impaired.
6eirs succeed by universal title
while legatees and devisees succeed by
particular title. #n other words, 6eirs
share proportionately in the testator*s
estate after deducting the value of
devises and legacies while devisees and
legatees receive determinate items of
property from the testator*s estate.
Wh! is the distinction important?
'he distinction is important
because heirs are treated di5erently
from legatees and devisees when it
comes to:
a. (reterition"
b. #ne5ective disinheritance" and
c. After;acquired property.
What is preterition or
pretermission?
(reterition is the total omission in
inheritance of one 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. (Art. +)4!
An heir is not necessarily
preterited if he is omitted in a will. #t may
be that he has already received an
advance of his inheritance through
donation. 'hus, in such a case, the
remedy is to complete his legitime. 'he
institution is not annulled because there
is no real preterition.
What is imperfect disinheritance?
#t is one without a speci1cation of
the cause (no cause), or for a cause the
truth of which, if contradicted, is not
proved (false cause), or which is not
one of those set forth under the law
(illegal cause). (Art. ('+!
What is the efect of preterition?
(reterition shall annul the
institution of heir" but the devises and
legacies shall be valid insofar as they are
not ino<cious. (Art. +)4!
What is the efect of imperfect
disinheritance?
#mperfect disinheritance shall
annul the institution of heirs insofar as it
may pre=udice the person disinherited"
but the devises and legacies and other
testamentary dispositions shall be valid
to such extent as will not impair the
legitime. (Art. ('+!
/hereas the institution is totally
annulled in preterition, except as to
legacies and devices, in imperfect
disinheritance, the institution of heir is
only partially annulled in order to
complete the legitime of the disinherited
heir.
What is the consequence of a valid
disinheritance?
A compulsory heir may, in
consequence of disinheritance, be
deprived of his legitime, for causes
expressly stated by law. (Art. (')!
>or disinheritance to be valid, it
must be e5ected through a will wherein
the legal cause therefor shall be
speci1ed. (Art. (',!
What are the conditions for a valid
disinheritance?
'he following shall be su<cient
causes for the disinheritance of children
and descendants, legitimate as well as
illegitimate:
(- /hen a child or descendant
has been found guilty of an
attempt against the life of the
testator, his or her spouse,
descendants, or ascendants"
(. /hen a child or descendant
has accused the testator of a
crime for which the law prescribes
imprisonment for six years or
more, i$ t"e a##usation "as been
$oun grounless"
(0 /hen a child or descendant
has been convicted of adultery or
concubinage with the spouse of
the testator"
by fraud, violence, intimidation,
or undue in?uence causes the
testator to ma,e a will or to
change one already made"
(3 A refusal without =usti1able
cause to support the parents or
ascendant who disinherit such
child or descendant"
(4 +altreatment of the
testator by word or deed, by the
child or descendant"
leads a dishonorable or
disgraceful life"
(: $onviction of a crime which
carries with it the penalty of civil
interdiction.
causes for the disinheritance of parents
or ascendants, whether legitimate or
illegitimate:
(- /hen the parents have
abandoned their children or
induced their daughters to live a
corrupt or immoral life, or
attempted against their virtue"
(. /hen the parent or
ascendant has been convicted of
an attempt against the life of the
testator, his or her spouse,
(0 /hen the parent or
ascendant has accused the
testator of a crime for which the
law prescribes imprisonment for
six years or more, if the
accusation has been found to be
false"
ascendant has been convicted of
adultery or concubinage with the
spouse of the testator"
ascendant by fraud, violence,
intimidation, or undue in?uence
causes the testator to ma,e a
will or to change one already
made"
(4 'he loss of parental
authority for causes speci1ed in
this $ode"
(9 'he refusal to support the
children or descendants without
=usti1able cause"
(: An attempt by one of the
parents against the life of the
other, unless there has been a
reconciliation between them.
causes for disinheriting a spouse:

(- /hen the spouse has been
convicted of an attempt against
the life of the testator, his or her
(. /hen the spouse has
accused the testator of a crime
for which the law prescribes
imprisonment of six years or
more, and the accusation has
been found to be false"
(0 /hen the spouse by fraud,
violence, intimidation, or undue
in?uence cause the testator to
ma,e a will or to change one
already made"
(2 /hen the spouse has
given cause for legal separation"
(3 /hen the spouse has
given grounds for the loss of
parental authority"
(4 @n=usti1able refusal to
support the children or the other
spouse.

What is the status of after%acquired
propert!?
(roperty acquired after the ma,ing
of a will shall only pass thereby, as if the
testator had possessed it at the time of
ma,ing the will, should it expressly
appear by the will that such was his
intention. (Art. 7(3!
'his rule, however, applies only to
legacies and devises because legatees
and devisees succeed by particular title
while heirs succeed by universal title.
(Paras su%%orts t"is view!
Wills
What is a will?
A will is an act whereby a person is
permitted, with the formalities prescribed
by law, to control to a certain degree the
disposition of his estate, to ta,e e5ect
after his death. (Art. 7+3!
What are the characteristics of a
will?
A will has the following
characteristics:
#t is a strictly personal act"
Statutory"
@nilateral"
Solemn or formal"
'here must be animus testani"
'estator must have testamentary
capacity"
A5ective mortis #ausa"
Assentially revocable or
ambulatory.
What are the formalities of a will?
#t depends. A notarial will must
be executed with the following
formalities:
'. #t must be in writing" (Art. +04!
2. #t must be executed in a language
or dialect ,nown to the testator"
(Art. +04!
3. #t 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" (Art.
+0), %ar. '!
4. 'he testator or the person
requested by him to write his
name and the instrumental
witnesses of the will, shall also
sign each and every page thereof,
except the last, on the left margin.
(Art. +0), %ar. 2!
). All the pages shall be numbered
correlatively in letters placed on
the upper part of each page. (Art.
+0), %ar. 2!
,. #t must be attested and subscribed
by three or more credible
witnesses in the presence of the
testator and of one another" (Art.
+0), %ar. '!
7. 'he attestation shall state the
number of pages used upon which
the will is written, and the fact that
the testator signed the will and
every page thereof, or caused
some other person to write his
name, under his express direction,
in the presence of the instrumental
witnesses, and that the latter
witnessed and signed the will and
all the pages thereof in the
presence of the testator and of one
another" (Art. +0), %ar. 3!
+. #t must be ac,nowledged before a
notary public by the testator and
the witnesses. (Art. +0,!
A holographic will on the other
hand, must be with the following
formalities:
'. #t must be entirely written, dated,
and signed by the hand of the
testator himself" (Art. +'0!
2. #t must be written in a language or
dialect ,nown to the testator" (Art.
+04!
A holographic will is sub=ect to no
other form, may be made in or out of the
(hilippines, and need not be witnessed.
(Art. +'0!
6owever, when applicable, the
following rules shall be observed in
holographic wills:
'. #n case of any insertion,
cancellation, erasure or alteration,
the testator must authenticate the
same by his full signature" (art.
+'4!
2. 'he dispositions of the testator
written below his signature must
be dated and signed by him in
order to ma,e them valid as
testamentary dispositions" (Art.
+'2!
3. /hen a number of dispositions
appearing in a holographic will are
signed without being dated, and
the last disposition has a signature
and date, such date validates the
dispositions preceding it, whatever
be the time of prior dispositions.
(Art. +'3!
What is attestation?
#t is the mental act of witnessing
the signing of the will to see and note
that the signatures exist as a fact. #t is
underta,en by witnesses only.
What is subscription?
#t is a manual act of a<xing the
signature by the testator and his
witnesses for identi1cation purposes.
What are the t!pes of ambiguities in
a will?
Ambiguities may either be:
a. #ntrinsic ambiguity 8 or latent
ambiguity. !ne which does not
appear on the face of the will such
as when there is an imperfect
description, or when no person or
property exactly answers the
description. (Art. 7+(!
b. Axtrinsic ambiguity 8 or patent
ambiguity. !ne that appears on
the face of a will such as when an
uncertainty arises upon its face as
to the application of any of its
provisions. (Art. 7+(!
What is evidence aliunde?
#t means extrinsic evidence. 'hat
evidence which is obtained outside of the
con1nes or four corners of a document or
will. #t is available as evidence to cure
latent, not patent, ambiguities in a will.
What is the procedure in curing
ambiguities in a will?
#f the ambiguity is latent, mista,es
and omissions must be corrected, if the
error appears from the context of the will
or from extrinsic evidence, excluding the
oral declarations of the testator as to his
intention.
#f the ambiguity is patent, the
testator*s intention is to be ascertained
from the words of the will, ta,ing into
consideration the circumstances under
which it was made, excluding the oral
declarations of the testator as to his
intention. (Art. 7+(!
What law determines the validit! of
wills?
As to form or extrinsic validity, it
would depend on the law in force at the
time of execution.
As to intrinsic validity, it would
depend on the law in force at the time of
the decedent*s death.
What are the con&icts rules in the
e"ecution of wills?
'he following are the con?icts
rules:
-. #n the case of a >ilipino who
executes his will:
a. #n the (hilippines 8 only
(hilippine %aw applies, i.e.,
the $ivil $ode of the
(hilippines, because there is
no con?ict, there being no
foreign element involved.
b. Abroad 8 he may choose
either:
i. (hilippine %aw" or
ii. 'he law in the place of
execution.
.. #n the case of an alien who
executes his will:
a. #n the (hilippines 8 he may
choose either:
i. National %aw"
or
ii. (hilippine
%aw.
b. Abroad 8 he may choose
either:
i. 6is National %aw,
ii. 'he law in which he is
domiciled,
iii. 'he law in the place of
execution, or
iv. (hilippine %aw.
Who can mae a will?
All persons who are not expressly
prohibited by law may ma,e a will. (Art.
7(,!
(ersons of either sex under
eighteen years of age cannot ma,e a
will. (Art. 7(7!
#n order to ma,e a will it is
essential that the testator be of sound
mind at the time of its execution. (Art.
7(+!
What is a 'oint Will?
#t is a will executed by two or more
persons in the same instrument, either
for their reciprocal bene1t or for the
bene1t of a third person. (Art. +'+!
(re )oint wills allowed in the
Philippines?
Boint wills are void for being
contrary to public policy and it is void
even if the spouses did not institute each
other as bene1ciaries. Boint wills
encourage the commission of parricide.
*f )oint wills are allowed in the place
of its e"ecution+ ma! the! be
probated in the Philippines?
Boint wills executed by >ilipinos in a
foreign country shall not be valid in the
(hilippines, even though authoriCed by
the laws of the country where they may
have been executed. (Art. +'(!
As stated, this applies only to
>ilipinos. So if foreigners execute a =oint
will abroad, such may be probated in the
(hilippines, but not in the case of
>ilipinos. #f the =oint will is between a
foreigner and a >ilipino, it may be
probated as to that part pertaining to the
foreigner only.
'his rule is consistent with Article
-9, paragraph 0 of the $ivil $ode which
states that prohibitive laws concerning
persons, their acts or property, and those
which have for their ob=ect public order,
public policy and good customs shall not
be rendered ine5ective by laws or
=udgments promulgated, or by
determinations or conventions agreed
upon in a foreign country.
To be considered of sound mind+
what is required b! law?
'o be of sound mind, it shall be
su<cient if the testator was able at the
time of ma,ing the will to ,now the
nature of the estate to be disposed of,
the proper ob=ects of his bounty, and the
character of the testamentary act. (Art.
7((, %ar. 2!

What is an acnowledging witness?
What is attesting witness?
,istinguish.
(bsurd provisions of the -ivil -ode
on Succession
@nfaithful wife with son"
Depudiation"
Dight of representation of
illegitimate to illegitimate.
*nstitution of $eirs
What is institution of heir?
#nstitution 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 property and
transmissible rights and obligations. (Art.
+40!
To what part of the estate does
institution pertain?
An institution of heirs pertains only
to the free portion of the estate. #n other
words, the legitime is not instituted
because it proceeds as a matter of
course.
What are the three basic principles
of institution of heirs?
'he three principles are:
a. (rinciple of Aquality 8 6eirs
instituted without designation of
shares shall inherit in equal parts.
(Art. +4,!
b. (rinciple of #ndividuality 8 /hen
the testator institutes some heirs
individually and others collectively
as when he says, E# designate as
my heirs A and 7 and the children
of $,F those collectively designated
shall be considered as individually
instituted, unless it clearly appears
that the intention of the testator
was otherwise. (Art. +47!
#. (rinciple of Simultaneity 8 /hen
the testator calls to the succession
a person and his children, they are
all deemed to have been instituted
simultaneously and not
successively. (Art. +4(!
Substitution of $eirs
#egitime
What is legitime?
%egitime is that part of the
testator*s property which he cannot
dispose of because the law has reserved
it for his compulsory heirs. (Art. ++,, CC!
What are the respective legitimes of
the diferent compulsor! heirs?
'he following are the respective
legitimes of the di5erent compulsory
heirs: (see #om%ulsory "eirs, su%ra, $or
number re$eren#es!
A. Sole $ompulsory 6eir:
- ; G" (Art. +++, %ar. ', CC!
. ; G" (Art. ++(, %ar. ', CC!
0 ; G" (Art. (00, %ar. ', CC!
-H0" (Art. (00, %ar. 2, CC!0
arti#ulo mortis marriage0
testator ie w1in 3 mont"s o$
marriage.
G" (Art. (00, %ar. 2, CC!0 live
as "usban an wi$e $or more
t"an ) years, es%ite '13
e.#e%tion.
2 ; G" (Art. (0', %ar. ', CC!
7. $oncurrence of $ompulsory 6eirs"
Ieneral rule on concurrence: (-ee
relevan#e o$ istin#tion o$ %rimary
an se#onary "eirs, su%ra.!
#f the testator is legitimate, his
legitimate children and legitimate
descendants exclude his legitimate
parents and legitimate ascendants.
(. e"cludes /. (Art. ++7, no. 2!
#f the testator is illegitimate, in
addition to the exclusion above,
his illegitimate children and
descendants also exclude his
illegitimate parents and
ascendants. (0 e"cludes /. (Art.
(03, se#on senten#e!
$. (roceeding from the general rule
on concurrence, the following are
the only possible combinations of
compulsory heirs and the
summary of their legitimes:
-;0 ; / inds1
a
.
. #- % 23 4
b
.
/ or more #- % 23 share
equal to . #-
-;2 ; 23 half of share of each
#- (regarless o$ no. o$ *C
or 2C!
.;0 ; #egitimate testator1 23
4
*llegitimate testator1
43 4
.;2 ; 23 4 (not %ossible i$
testator is illegitimate!
0;2 ; .563 .56
-;0;
2
; / inds1
a
.
7nl! . #- % 23 43 4
b
.
/ or more #- % 23 equal
to one #-3 half of each
#-
.;0;
2
; 23 .583 4 (not %ossible i$
testator is illegitimate!
Note, that in cases where the
testator is illegitimate, the
combinations .;2 and .;0;2 are not
possible. (Art. (03, se#on
senten#e!
&. 'he legitimes, with their legal
bases, follow: (testator is
legitimate:
a. -;0" where there is only one
legitimate child, with surviving
spouse.
%$ ; G of the estate
SS ; J of the estate,
ta,en from the free
portion
Legal basis:
'he legitime of legitimate
children and descendants
consists of one;half of the
hereditary estate of the father
and of the mother. (Art. +++,
%ar. '!
'he latter may freely dispose
of the remaining half, sub=ect
to the rights of illegitimate
children and of the surviving
spouse as hereinafter
provided. (Art. +++, %ar. 2!
#f only one legitimate child or
descendant of the deceased
survives, the widow or
widower shall be entitled to
one;fourth of the hereditary
estate. (Art. +(2, %ar. '!
'he legitime of the surviving
spouse shall be ta,en from the
portion that can be freely
disposed of by the testator.
(Art. +(2, %ar. 3!
b. -;0" where there are . or more
legitimate children with
surviving spouse.
%$ ; G of the estate to be
divided equally
among themselves.
SS ; Share equal to one
%$, ta,en from the
free portion.
Legal basis:
#f there are two or more
legitimate children or
descendants, the surviving
spouse shall be entitled to a
portion equal to the legitime
of each of the legitimate
children or descendants. (Art.
+(2, %ar. 2!
(Art. +(2, %ar. 3!
c. -;2" %$, regardless of number
with #$, regardless of number.
%$ ; G of the estate to be
divided equally
among themselves.
#$ ; 6alf of the share of
each %$, ta,en from
the free portion.
Legal basis:
%ar. '!
'he legitime of each
illegitimate child shall consist
of one;half of the legitime of a
legitimate child. (Art. '7,,
/amily Coe!
'he legitime of the illegitimate
children shall be ta,en from
the portion of the estate at
the free disposal of the
testator. (Art. +(), %ar. 3, 3rst
%art!
d. .;0" legitimate parents
regardless of number with
surviving spouse.
%(H
A
; G of the estate to
be divided equally
when applicable.
ta,en from the free
portion.
Legal basis:
parents or ascendants
hereditary estates of their
children. (Art. ++(, %ar. '!
'he children or descendants
may freely dispose of the
other half, sub=ect to the
rights of illegitimate children
and of the surviving spouse as
hereinafter provided. (Art.
++(, %ar. 2!
#f the testator leaves no
legitimate descendants, but
leaves legitimate ascendants,
the surviving spouse shall
have a right to one;fourth of
the hereditary estate. (Art.
+(3, %ar. '!
'his fourth shall be ta,en from
the free portion of the estate.
(Art. +(3, %ar. 2!
e. .;2" legitimate parents or
ascendants regardless of
number with illegitimate
children regardless of number.
%(H
A
be divided equally
when applicable.
#$ ; J of the estate
divided equally,
ta,en from the free
portion.
Legal basis:
++(, %ar. 2!
#llegitimate children who may
survive with legitimate
parents or ascendants of the
deceased shall be entitled to
estate to be ta,en from the
portion at the free disposal of
the testator. (Art. +(,!
f. 0;2" surviving spouse with #$
regardless of number.
SS ; -H0
#$ ; -H0" to be divided
equally
Legal basis:
#f the testator leaves
illegitimate children, the
surviving spouse shall be
entitled to one;third of the
hereditary estate of the
deceased and the illegitimate
children to another third. 'he
remaining third shall be at the
free disposal of the testator.
(Art. +(4!
g. -;0;2" where there is only one
%$" SS" #$ regardless of
number.
ta,en from the free
portion.
#$ J of the estate or
remainder divided
equally, as ta,en
from the free portion.
Legal basis:
%ar. '!
(Art. +(2, %ar. 3!
/amily Coe!
testator, provided that in no
case shall the total legitime of
such illegitimate children
exceed that free portion, and
that the legitime of the
surviving spouse must 1rst be
satis1ed. (Art. +(), %ar. 3!
h. -;0;2" two or more %$"
surviving spouse" #$
%$ ; G" to be divided
equally
SS ; Share equal to each
%$, ta,en from the
free portion.
#$ 6alf the share of one
%$ or remainder
divided equally, as
ta,en from the free
portion.
Legal basis:
#f there are two or more
descendants, the surviving
spouse shall be entitled to a
portion equal to the legitime
of each of the legitimate
children or descendants. (Art.
+(2, %ar. 2!
(Art. +(2, %ar. 3!
/amily Coe!
i. .;0;2" legitimate parents and
ascendants" SS" #$ regardless
of number.
%(H
A
; G of the estate
SS ; -H: of the estate,
ta,en from the free
portion.
#$ J of the estate,
ta,en from the free
portion.
Legal basis:
++(, %ar. 2!
/hen the widow or widower
survives with legitimate
parents or ascendants and
with illegitimate children, such
entitled to one;eighth of the
hereditary estate of the
deceased which must be
ta,en from the free portion,
and the illegitimate children
shall be entitled to one;fourth
of the estate which shall be
ta,en also from the disposable
portion. 'he testator may
freely dispose of the
remaining one;eighth of the
estate. (Art. +((!
A. %egitimes where testator is
illegitimate:
%egitimacy or illegitimacy is
determined with respect to one*s
parents and ascendants.
#llegitimate 1liation, therefore, is
relevant only when the parents or
ascendants survive or concur with
others.
a. /here only illegitimate
parents survive:
#( ; G of the estate
Legal basis:
'he legitime of the parents who
have an illegitimate child, when
such child leaves neither
legitimate descendants, nor a
surviving spouse, nor
illegitimate children, is one;half
of the hereditary estate of such
illegitimate child. (Art. (03, 3rst
senten#e!
b. /hen the testator is
illegitimate, there is only one
possible instance where
illegitimate parents may have a
legitime, and that is the .;0
combination, because in the
other instances, they are
excluded by either %$ or #$.
'he sharing in a .;0
combination, where the
testator is illegitimate follows:
#( ; J of the estate
SS ; J of the estate
Legal basis:
#f only the widow or widower
survives with parents of the
illegitimate child, the legitime of
the parents is one;fourth of the
hereditary estate of the child,
and that of the surviving spouse
also one;fourth of the estate.
(Art. (03, last senten#e!
c.#t should be noted that the
above rules apply only to
illegitimate parents of the
testator and not to his other
ascendants (I>, I+. #n such a
case a .;0 combination with
ascendants, not parents will
yield the following:
#A ; none
SS ; G of the estate
7r
#A ; None" all free portion
Legal basis:
An illegitimate child has no right
to inherit ab intestato from the
legitimate children and relatives
of his father or mother" nor shall
such children or relatives inherit
in the same manner from the
illegitimate child. (Art. ((2!
'his applies to both
testamentary and intestate
succession and this is referred
to as the E7arrier of
#llegitimacy.F
*ntestate Succession

*mportant principles on intestate
succession
'he following are important
principles in intestate succession:
-.(rinciple of $oncurrence 8
$ompulsory heirs are never
excluded sub=ect to the rule on
(reference of %ines"
..(reference of %ines 8 &escending
direct line excludes the ascending
direct line and the collateral lines.
'he ascending direct line excludes
the collateral lines. 'his is an
exception to the rule on
concurrence.
0.(roximity 8 #n every inheritance,
the relative nearest in degree
excludes the more distant ones,
saving the right of representation
when it properly ta,es place. (Art.
(,2!
2.Dight of Depresentation 8 'his right
ta,es place in the direct
descending line, but never in the
ascending. #n the collateral line, it
ta,es place only in favor of the
children of brothers or sisters,
whether they be of the full or half
blood. (Art. (72!
3.As to grandchildren 8 'hey always
inherit by right of representation,
where proper, whether or not they
concur with uncles or aunts,
except when all the uncles or
aunts repudiate their inheritance.
(Art. (,(!
As to the latter case, they inherit
in their own right.
4.As to nephews or nieces 8 /hen
children of one or more brothers or
sister of the deceased survive,
they shall inherit from the latter by
representation, if they survive with
their uncles or aunts. 7ut if they
alone survive, they shall inherit in
equal portions. (Art. (7)!
9.'he 7arrier ; An illegitimate child
has no right to inherit ab intestato
from the legitimate children and
relatives of his father or mother"
nor shall such children or relatives
inherit in the same manner from
the illegitimate child. (Art. ((2!
:.As to a renouncer 8 A renouncer
can repesent but cannot be
represented. (Arts. (7, an (77!
K.Aquality 8 Delatives in the same
degree shall inherit in equal shares
except:
a. &ivision in ascending
line" (Art. (+7, %ar. 2!
b. &ivision between full
and half blood brothers or
sisters" (Art. '00,!
#. Depresentation.
Who are the intestate or legal heirs?
'he intestate or legal heirs are as
follows:
-. %egitimate children and
descendants, with respect to their
legitimate parents and
ascendants"
.. #n default of the
foregoing, legitimate parents and
ascendants, with respect to their
legitimate children and
descendants"
0. 'he widow or widower"
2. #llegitimate children"
3. 7rothers, sisters,
nephews, nieces"
4. !ther collateral relatives
within the 3
th
civil degree"
9. State.
What are the respective shares of
the diferent intestate heirs?
#n intestate succession, there is no
free portion. Averything is disposed of to
the concurring legal heirs. 'he following
are the respective shares of the di5erent
intestate heirs: (see legal "eirs, su%ra,
$or number re$eren#es!
A. Sole $ompulsory 6eir:
- ; 4ntire estate0 (Art. (+0, CC!
. ; 4ntire estate0 (Art. (+), in rel.
(+, an (+7, CC!0 a%%lies also
to illegitimate e#eent.
0 ; 4ntire estate0 (Art. ((), CC!
2 ; 4ntire estate0 (Art. (++, CC!
3 ; 4ntire estate0 (Art. '003, CC!
4 ; 4ntire estate0 (Art. '0'0, CC!
9 ; 4ntire estate0 (Art. '0'', CC!
7. Again, proceeding from the
general rule on concurrence, the
following are the only possible
combinations of intestate heirs
where the decedent is %egitimate:
-;0 ; 1:1 proportion0 5nli6e
in testate su##ession,
t"ere is only one rule
"ere regarless o$
number o$ *C, by virtue
o$ -antillon v. Mirana.
-;2 ; 2:1 proportion
.;0 ; 1:1 proportion0
(a%%lies w"et"er
testator is legitimate or
not!
.;2 ; Legitimate testator:
1:1 proportion0 (not
%ossible w"ere testator
is illegitimate, 2 is not
entitle %er Art. (03!
0;2 ; 1:1 proportion0
-;0;
2
; 'his is of . ,inds: !nly
- %$" or more than -
%$.
a
.
2:1:1 proportion
b
.
2:2:1 proportion
.;0;
2
; Legitimate testator:
2:1:1 proportion (not
%ossible w"ere testator
is illegitimate!
0;3 ; 1:1 proportion
Note, that in cases where the
testator is illegitimate, the
combinations .;2 and .;0;2 are not
possible. (Art. (03, se#on
senten#e!
'he combination 0;4 is not
possible because the right of
representation in the collateral line
ta,es place only in favor of the
children of brothers or sisters,
whether they be of the full or half;
blood. (Art. (72, %ar. 2!
'he combinations -;3, -;4, .;3, .;
4, 2;3, 2;4, .;3 and .;4 are not
possible because of the principle of
%re$eren#e o$ lines .
'he combination 3;4 is not
possible because of the principle of
%ro.imity.
$. 'he shares are as follows
(decedent is legitimate:
a. -;0" regardless of number of
%$, with surviving spouse.
%$ ; Share of each %$ is
equal to SS
SS ; Share equal to one
%$
Legal basis:
#f a widow or widower and
descendants are left, the
surviving spouse has in the
succession the same share as
that of each of the children.
(Art. ((,!
7ne surviving #"il ; #f there is
only one legitimate child
surviving with the spouse,
since they share equally, one;
half of the estate goes to the
child and the other half goes
to the surviving spouse.
Although the law refers to
Lchildren or descendants,L the
rule in statutory construction
that the plural can be
understood to include the
singular is applicable in his
case. (-antillon v. Mirana,
&une 30, '(,), #iting
8olentino, Civil Coe o$ t"e
P"ili%%ines, 9ol. 222, %. 43,.!

b. -;2" %$, regardless of number
with #$, regardless of number.
%$ ; !ne %$ double that
of one #$.
#$ ; 6alf of the share of
each %$.
Legal basis:
#f illegitimate children survive
with legitimate children, the
shares of the former shall be
in the proportions prescribed
by Article :K3 MNow Art. -94
of the >amily $odeN. (Art. (+3!
/amily Coe!
c. .;0" legitimate parentHs with
surviving spouse.
%(H
A
be divided equally
when applicable.
Legal basis:
parents or ascendants, the
entitled to one;half of the
estate, and the legitimate
parents or ascendants to the
other half. (Art. ((7!
Note that the sharing is the
same if the decedent is
illegitimate. (Art. (03, by
analogy!
d. .;2" legitimate parentHs or
ascendants regardless of
number with illegitimate
children regardless of number.
%(H
A
be divided equally
when applicable.
#$ ; G of the estate
divided equally.
Legal basis:
#f legitimate ascendants are
left, the illegitimate children
shall divide the inheritance
with them, ta,ing one;half of
the estate, whatever be the
number of the ascendants or
of the illegitimate children.
(Art. (('!
e. 0;2" surviving spouse with #$
#$ ; G of the estate
Legal basis:
#f a widow or widower survives
with illegitimate children, such
widow or widower shall be
inheritance, and the
illegitimate children or their
descendants, whether
legitimate or illegitimate, to
the other half. (Art. ((+!
f. -;0;2" where there is only one
%$" SS" #$ regardless of
number.
#$ J of the estate or
remainder divided
equally
Legal basis:
children or their descendants
and illegitimate children or
their descendants, whether
legitimate or illegitimate, such
entitled to the same share as
that of a legitimate child. (Art.
(((!
Note: 8"e %ro%ortion in t"e
above %rovision is 2:2:', wit"
t"e 2C getting '. 8"is
%ro%ortion may be a%%lie
only i$ t"ere are 2 or more
*Cs. 2t #annot be a%%lie
w"ere t"ere is only one *C,
be#ause i$ t"is rule is literally
a%%lie, t"ere will be no
instan#e w"ere t"e 2C will
"ave a s"are. ;emember t"at
even in intestate su##ession,
t"e legitime o$ #om%ulsory
"eirs must not be im%aire.
8"us, t"e $ollowing rules s"all
a%%ly:
by Article :K3, paragraph 0
MNow including Art. -94 of the
>amily $odeN. (Art. (+3!
/amily Coe!
(Art. +(2, %ar. 3!
g. -;0;2" two or more %$"
surviving spouse" #$
%$ ; share in . parts
SS ; share is equal to the
share of one %$
#$ each #$ shares half of
%$
Legal basis:
children or their descendants
and illegitimate children or
their descendants whether
legitimate or illegitimate, such
entitled to the same share as
that of a legitimate child. (Art.
(((!
by Article :K3, paragraph 0
MNow including Art. -94 of the
>amily $odeN. (Art. (+3!
/amily Coe!
fully satis1ed. (Art. +(), 3
r
%ar.!
h. .;0;2" legitimate parents and
ascendants" SS" #$ regardless
of number.
%(H
A
be divided equally
where applicable
#$ J of the estate
divided equally
Legal basis:
#f legitimate ascendants, the
surviving spouse, and
illegitimate children are left,
the ascendants shall be
inheritance, and the other half
shall be divided between the
surviving spouse and the
illegitimate children so that
such widow or widower shall
have one;fourth of the estate,
and the illegitimate children
the other fourth. (Art. '000!
i. 0;3" Surviving spouse with
brothers, sisters, nephews or
nieces.
7SNN ; G of the estate
Legal basis:
Should brothers and sisters or
their children survive with the
widow or widower, the latter
shall be entitled to one;half of
the inheritance and the brothers
and sisters or their children to
the other half. (Art. '00'!
9eserva Troncal

What is reserva troncal?
Deserva troncal is a situation
where an ascendant who inherits from
his descendant any property which the
latter may have acquired by gratuitous
title from another ascendant, or a
brother or sister is obliged to reserve
such property as he may have acquired
by operation of law for the bene1t of
relatives who are within the third degree
and who belong to the line from which
said property came. (Art. +('!
Now is there merit. in the
claim that as the portion of the
property formerly owned by the sister
of Bustina Santos was still in the
process of settlement in the probate
court at the time it was leased, the
lease is invalid as to such portion.
Bustina Santos became the owner of
the entire property upon the death of
her sister %orenCa on September ..,
-K39 by force of article 999 of the $ivil
$ode. 6ence, when she leased the
property on November -3, she did so
already as owner thereof. As this $ourt
explained in upholding the sale made
by an heir of a property under =udicial
administration:
L'hat the land could not ordinarily be
levied upon while in custodia legis
does not mean that one of the heirs
may not sell the right, interest or
participation which he has or might
have in the lands under administration
'he ordinary execution of property in
custodia legis is prohibited in order to
avoid interference with the possession
by the court, 7ut the sale made by an
heir of his share in an inheritance,
sub=ect to the result of the pending
administration, in no wise stands in
the way of such administration.L

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