marital status of the spouses. (Bonilla v. Barcena, G.R. No.

L41715, June 18, 1976)

Q: Fortunata died while her action for quieting of title of parcels of land was pending. Does
her death result in the extinguishment of the action or may her heirs substitute her in the
case?
A: Her heirs may substitute her because the action is not extinguished by her death. Since the rights
to the succession are transmitted from the moment of the death of the decedent, from that moment,
the heirs become the absolute owners of his property, subject to the rights and obligations of the
decedent, and they cannot be deprived of their rights thereto except by the methods provided for by
law. The right of the heirs to the property of the deceased vests in them upon such death, even before
judicial declaration of their being heirs in the testate or intestate proceedings.
When she died, her claim or right to the parcels of land in litigation was not extinguished by her death
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. (Bonilla v. Barcena, et al., G.R. No. L
41715, June 18, 1976)
Q: Can the heir enter into a contract of sale, conveyance or any disposition pertaining to
his interest in the inheritance even pending the settlement of the estate?
A: Yes, because his hereditary share/interest in the decedents estate is transmitted or vested
immediately from the moment of decedents death. This is, however, subject to the outcome of the
settlement proceedings.
Q: What is the nature of the transaction entered into by the heir pertaining to his
hereditary share in the estate pending the settlement of the estate?
A: The effect of such transaction is to be deemed limited to what is ultimately adjudicated to the heir.
However, this aleatory character of the contract does not affect the validity of the transaction.
Q: May an heir convey future inheritance?
A: No contract may be entered into upon a future inheritance except in cases expressly authorized by
law (Art. 1347).
C. KINDS OF SUCCESSORS
Q: What are the kinds of heirs?
A:
1. Voluntary called to succeed either by virtue of the will of the testator:
a. Devisee
b. Legatee
Note: An heir is one who succeeds to the whole (universal) or aliquot part of the estate. Devisee or
legatee is one who succeeds to definite, specific, and individualized properties.
2. Compulsory called by law to succeed to a portion of the testators estate known as legitime.
3. Legal or Intestate by operation of law through intestate succession.
Q: Who are devisees and legatees?
A: Devisees are persons to whom gifts of real property are given by virtue of a will. On the other hand,
Legatees are persons to whom gifts of personal property are given by virtue of a will
Q: What are the distinctions between heirs and legatees/devisees?
DEVISEES OR
A: HEIRS
LEGATEES
As to representation of deceaseds juridical person
Represent the juridical personality of the
Never represent
deceased and acquire their rights, with
the personality of
certain exceptions to his obligations
the deceased no
matter how big
the legacy or the
devise is
Determinability of amount of inheritance
Inherit an undetermined quantity whose
Are always given
exact amount cannot be known a priori and
a determinate
which cannot be fixed until the inheritance is
thing or a fixed
liquidated
amount
Extent of successional right
Succeed to the remainder of the properties
Only succeed to
after all the debts and all the legacies and
the determinate
devices have been paid or given
thing or quantity
which is
mentioned in the
legacy or devise

As to when they exist