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SUCCESSION (INHERITANCE)

1.

They live in a multi-million house in BF, Paranaque by Grace and Rodrigo.

The house was built in the land which Grace inherited from her parents who died
also in 2001 Respondent Jojomar Tarrosa does not have any right in selling the
house stated herein since only Grace and her children are deemed the rightful owner of
this through succession based on Article:
Art. 996. If a widow or widower and legitimate children or descendants
are left, the surviving spouse has in the succession the same share as
that of each of the children.
2.

They have 2 children, all surnamed Cayetano. Vikki Cayetano was 15

years old while Sarah was 12 yeas old As the legitimate children of the deceased,
Rodrigo Cayetano, successional rights are imposed upon them in relation to the multimillion house talked about in this case.
Article 264. Legitimate children shall have the right:
(1) To bear the surnames of the father and of the mother;
(2) To receive support from them, from their ascendants and in a proper
case, from their brothers and sisters, in conformity with article 291;
(3) To the legitime and other successional rights which this Code
recognizes in their favor.
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Definitions:
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. 776. The inheritance includes all the property, rights and obligations of
a person which are not extinguished by his death.

How is this acquired?


Article 777. The rights to the succession are transmitted from the moment
of the death of the decedent.

How does it take place?


Article 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. (912a)

If the spouse dies:


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

Art. 996. If a widow or widower and legitimate children or descendants are


left, the surviving spouse has in the succession the same share as that of
each of the children.
Art. 997. When the widow or widower survives with legitimate parents or
ascendants, the surviving spouse shall be entitled to one-half of the
estate, and the legitimate parents or ascendants to the other half.

Succession as to property relations:


Article 16. 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. (10a)
Article 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.

Rights of legitimate children:


Article 264. Legitimate children shall have the right:
(1) To bear the surnames of the father and of the mother;
(2) To receive support from them, from their ascendants and in a proper
case, from their brothers and sisters, in conformity with article 291;

(3) To the legitime and other successional rights which this Code
recognizes in their favor. *All sources : Civil Code

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