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SUCCESSION general terms and without specifying its application, the executor,
with the court's approval shall deliver one-half thereof or its
Article 774. Succession is a mode of acquisition by virtue of which proceeds to the church or denomination to which the testator may
the property, rights and obligations to the extent of the value of the belong, to be used for such prayers and pious works, and the other
inheritance, of a person are transmitted through his death to another half to the State, for the purposes mentioned in article 1013.
or others either by his will or by operation of law.
Kinds of Heirs
1. Compulsory Heirs
Article 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 testate and intestate
succession, and in consequence of certain contracts, by tradition. INHERITANCE
They may also be acquired by means of prescription.
Article 776. The inheritance includes all the property, rights and
obligations of a person which are not extinguished by his death.
DECEDENT Article 781. The inheritance of a person includes not only the
property and the transmissible rights and obligations existing at the
Article 775. In this Title, "decedent" is the general term applied to time of his death, but also those which have accrued thereto since the
the person whose property is transmitted through succession, whether opening of the succession.
or not he left a will. If he left a will, he is also called the testator.
Personal Rights
Patrimonial Rights
HEIR
Contractual Obligations
Article 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 Article 603. Usufruct is extinguished:
persons to whom gifts of real and personal property are respectively
(1) By the death of the usufructuary, unless a contrary intention
given by virtue of a will.
clearly appears;
Legatee -
(2) By the expiration of the period for which it was constituted, or by
Devisee the fulfillment of any resolutory condition provided in the title
creating the usufruct;
Article 1026. A testamentary disposition may be made to the State,
provinces, municipal corporations, private corporations, organizations, (3) By merger of the usufruct and ownership in the same person;
or associations for religious, scientific, cultural, educational, or
(4) By renunciation of the usufructuary;
charitable purposes.
(5) By the total loss of the thing in usufruct;
Article 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
(6) By the termination of the right of the person constituting the insofar as they may be permitted by this Code. Therefore, legitimes,
usufruct; betterments, legacies and bequests shall be respected; however, their
amount shall be reduced if in no other manner can every
(7) By prescription. compulsory heir be given his full share according to this Code.
Article 1830. Dissolution is caused: (5) By the death of any partner Art. 50. The effects provided for by paragraphs (2), (3), (4) and(5) of
Article 43 and by Article 44 shall also apply in the proper cases to
Article 1919. Agency is extinguished: (3) By the death, civil
marriages which are declared ab initio or annulled by final judgment
interdiction, insanity or insolvency of the principal or of the agent;
under Articles 40 and 45.
Article 1939. Commodatum is purely personal in character.
The final judgment in such cases shall provide for the liquidation,
Consequently: 1) The death of either the bailor or the bailee
partition and distribution of the properties of the spouses, the custody
extinguishes the contract;
and support of the common children, and the delivery of third
presumptive legitimes, unless such matters had been adjudicated in
previous judicial proceedings.
VESTING OF SUCCESSION RIGHTS
All creditors of the spouses as well as of the absolute community or
When Vested? the conjugal partnership shall be notified of the proceedings for
liquidation.
Article 777. The rights to the succession are transmitted from the
moment of the death of the decedent. In the partition, the conjugal dwelling and the lot on which it is
situated, shall be adjudicated in accordance with the provisions of
Article 533. The possession of hereditary property is deemed Articles 102 and 129.
transmitted to the heir without interruption and from the moment
of the death of the decedent, in case the inheritance is accepted. Art. 51. In said partition, the value of the presumptive legitimes of all
common children, computed as of the date of the final judgment of
Article 1347. All things which are not outside the commerce of men, the trial court, shall be delivered in cash, property or sound
including future things, may be the object of a contract. All rights securities, unless the parties, by mutual agreement judicially
which are not intransmissible may also be the object of contracts. approved, had already provided for such matters.
No contract may be entered into upon future inheritance except The children or their guardian or the trustee of their property may
in cases expressly authorized by law. ask for the enforcement of the judgment.
Governing Law The delivery of the presumptive legitimes herein prescribed shall
in no way prejudice the ultimate successional rights of the
Article 2263. Rights to the inheritance of a person who died, with or
children accruing upon the death of either of both of the
without a will, before the effectivity of this Code, shall be governed
parents; but the value of the properties already received under the
by the Civil Code of 1889, by other previous laws, and by the Rules of
decree of annulment or absolute nullity shall be considered as
Court. The inheritance of those who, with or without a will, die after
advances on their legitime.
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
KINDS OF SUCCESSION person, or accomplished through the instrumentality of an
agent or attorney.
Article 778. Succession may be: (1) Testamentary; (2) Legal or Article 785. The duration or efficacy of the designation of
intestate; or (3) Mixed. heirs, devisees or legatees, or the determination of the
portions which they are to take, when referred to by name,
Article 779. Testamentary succession is that which results from the
cannot be left to the discretion of a third person.
designation of an heir, made in a will executed in the form
Article 787. The testator may not make a testamentary
prescribed by law.
disposition in such manner that another person has to
Article 780. Mixed succession is that effected partly by will and determine whether or not it is to be operative.
partly by operation of law.
2. Free and Intelligent
Article 960. Legal or intestate succession takes place: (1) If a person Article 839. The will shall be disallowed in any of the
dies without a will, or with a void will, or one which has subsequently following cases: (1) If the formalities required by law have not
lost its validity; (2) When the will does not institute an heir to, or been complied with; (2) If the testator was insane, or
dispose of all the property belonging to the testator. In such case, otherwise mentally incapable of making a will, at the time of
legal succession shall take place only with respect to the property of its execution; (3) If it was executed through force or under
which the testator has not disposed; (3) If the suspensive condition duress, or the influence of fear, or threats; (4) If it was
attached to the institution of heir does not happen or is not fulfilled, or procured by undue and improper pressure and influence, on
if the heir dies before the testator, or repudiates the inheritance, there the part of the beneficiary or of some other person; (5) If the
being no substitution, and no right of accretion takes place; (4) When signature of the testator was procured by fraud; (6) If the
the heir instituted is incapable of succeeding, except in cases provided testator acted by mistake or did not intend that the
in this Code. instrument he signed should be his will at the time of affixing
his signature thereto.
Article 791. The words of a will are to receive an interpretation which Article 816. The will of an alien who is abroad produces effect in the
will give to every expression some effect, rather than one which will Philippines if made with the formalities prescribed by the law of the
render any of the expressions inoperative; and of two modes of place in which he resides, or according to the formalities observed in
interpreting a will, that is to be preferred which will prevent intestacy. his country, or in conformity with those which this Code prescribes.
Article 817. A will made in the Philippines by a citizen or subject of TESTAMENTARY CAPACITY
another country, which is executed in accordance with the law of the
country of which he is a citizen or subject, and which might be Article 796. All persons who are not expressly prohibited by law may
proved and allowed by the law of his own country, shall have the make a will. (662)
same effect as if executed according to the laws of the Philippines.
Article 797. Persons of either sex under eighteen years of age cannot
Article 818. Two or more persons cannot make a will jointly, or in the make a will. (n)
same instrument, either for their reciprocal benefit or for the benefit
Article 798. In order to make a will it is essential that the testator be
of a third person.
of sound mind at the time of its execution. (n)
Article 819. Wills, prohibited by the preceding article, executed by
Article 799. To be of sound mind, it is not necessary that the testator
Filipinos in a foreign country shall not be valid in the Philippines,
be in full possession of all his reasoning faculties, or that his mind be
even though authorized by the laws of the country where they may
wholly unbroken, unimpaired, or unshattered by disease, injury or
have been executed.
other cause. It shall be sufficient if the testator was able at the time
INTRINSIC VALIDITY of making the will to know the nature of the estate to be disposed of,
the proper objects of his bounty, and the character of the
Article 16. Real property as well as personal property is subject to the testamentary act.
law of the country where it is stipulated.
Article 800. The law presumes that every person is of sound mind, in
Article 2263. Rights to the inheritance of a person who died, with or the absence of proof to the contrary. The burden of proof that the
without a will, before the effectivity of this Code, shall be governed by testator was not of sound mind at the time of making his dispositions
the Civil Code of 1889, by other previous laws, and by the Rules of is on the person who opposes the probate of the will; but if the
Court. The inheritance of those who, with or without a will, die after testator, one month, or less, before making his will was publicly
the beginning of the effectivity of this Code, shall be adjudicated and known to be insane, the person who maintains the validity of the will
distributed in accordance with this new body of laws and by the must prove that the testator made it during a lucid interval.
Rules of Court; but the testamentary provisions shall be carried out
insofar as they may be permitted by this Code. Therefore, legitimes, Article 801. Supervening incapacity does not invalidate an effective
betterments, legacies and bequests shall be respected; however, their will, nor is the will of an incapable validated by the supervening of
amount shall be reduced if in no other manner can every compulsory capacity.
heir be given his full share according to this Code.
Article 802. A married woman may make a will without the consent of
JOINT WILLS her husband, and without the authority of the court.
Article 818. Two or more persons cannot make a will jointly, or in the Article 803. A married woman may dispose by will of all her separate
same instrument, either for their reciprocal benefit or for the benefit property as well as her share of the conjugal partnership or absolute
of a third person. community property.
Article 819. Wills, prohibited by the preceding article, executed by Article 807. If the testator be deaf, or a deaf-mute, he must
Filipinos in a foreign country shall not be valid in the Philippines, personally read the will, if able to do so; otherwise, he shall designate
even though authorized by the laws of the country where they may two persons to read it and communicate to him, in some practicable
have been executed. manner, the contents thereof.
FORMS and attested in substantial compliance with all the requirements of
article 805.
IN GENERAL
Disabled Testators
Article 804. Every will must be in writing and executed in a language
or dialect known to the testator. Article 807. If the testator be deaf, or a deaf-mute, he must
personally read the will, if able to do so; otherwise, he shall designate
NOTARIAL WILL two persons to read it and communicate to him, in some practicable
manner, the contents thereof.
Manner of Signing
Article 808. If the testator is blind, the will shall be read to him twice;
Article 805. Every will, other than a holographic will, must be
once, by one of the subscribing witnesses, and again, by the notary
subscribed at the end thereof by the testator himself or by the
public before whom the will is acknowledged.
testator's name written by some other person in his presence, and by
his express direction, and attested and subscribed by three or more Witnesses
credible witnesses in the presence of the testator and of one another.
The testator or the person requested by him to write his name and Article 820. Any person of sound mind and of the age of eighteen
the instrumental witnesses of the will, shall also sign, as aforesaid, years or more, and not blind, deaf or dumb, and able to read and
each and every page thereof, except the last, on the left margin, and write, may be a witness to the execution of a will mentioned in article
all the pages shall be numbered correlatively in letters placed on the 805 of this Code.
upper part of each page. The attestation shall state the number of
pages used upon which the will is written, and the fact that the Article 821. The following are disqualified from being witnesses to a
testator signed the will and every page thereof, or caused some other will: (1) Any person not domiciled in the Philippines; (2) Those who
person to write his name, under his express direction, in the have been convicted of falsification of a document, perjury or false
presence of the instrumental witnesses, and that the latter witnessed testimony.
and signed the will and all the pages thereof in the presence of the
Article 822. If the witnesses attesting the execution of a will are
testator and of one another. If the attestation clause is in a language
competent at the time of attesting, their becoming subsequently
not known to the witnesses, it shall be interpreted to them.
incompetent shall not prevent the allowance of the will.
Acknowledged before a Notary Public
Article 823. If a person attests the execution of a will, to whom or to
Article 806. Every will must be acknowledged before a notary public whose spouse, or parent, or child, a devise or legacy is given by such
by the testator and the witnesses. The notary public shall not be will, such devise or legacy shall, so far only as concerns such person,
required to retain a copy of the will, or file another with the office of or spouse, or parent, or child of such person, or any one claiming
the Clerk of Court. under such person or spouse, or parent, or child, be void, unless
there are three other competent witnesses to such will. However,
Substantial Compliance Rule such person so attesting shall be admitted as a witness as if such
devise or legacy had not been made or given.
Article 809. In the absence of bad faith, forgery, or fraud, or undue
and improper pressure and influence, defects and imperfections in Article 824. A mere charge on the estate of the testator for the
the form of attestation or in the language used therein shall not payment of debts due at the time of the testator's death does not
render the will invalid if it is proved that the will was in fact executed prevent his creditors from being competent witnesses to his will.
HOLOGRAPHIC WILL paper shall not be considered a part of the will unless the following
requisites are present:
General
(1) The document or paper referred to in the will must be in existence
Article 810. A person may execute a holographic will which must be at the time of the execution of the will;
entirely written, dated, and signed by the hand of the testator
himself. It is subject to no other form, and may be made in or out of (2) The will must clearly describe and identify the same, stating
the Philippines, and need not be witnessed. among other things the number of pages thereof;
Article 811. In the probate of a holographic will, it shall be necessary (3) It must be identified by clear and satisfactory proof as the
that at least one witness who knows the handwriting and signature of document or paper referred to therein; and
the testator explicitly declare that the will and the signature are in
the handwriting of the testator. If the will is contested, at least three (4) It must be signed by the testator and the witnesses on each and
of such witnesses shall be required. every page, except in case of voluminous books of account or
inventories.
Formal Requirements
REVOCATION OF WILLS
Article 812. In holographic wills, the dispositions of the testator
written below his signature must be dated and signed by him in order Time
to make them valid as testamentary dispositions.
Article 828. A will may be revoked by the testator at any time before
Article 813. When a number of dispositions appearing in a his death. Any waiver or restriction of this right is void.
holographic will are signed without being dated, and the last
Place
disposition has a signature and a date, such date validates the
dispositions preceding it, whatever be the time of prior dispositions. Article 829. A revocation done outside the Philippines, by a person
who does not have his domicile in this country, is valid when it is
Article 814. In case of any insertion, cancellation, erasure or
done according to the law of the place where the will was made, or
alteration in a holographic will, the testator must authenticate the
according to the law of the place in which the testator had his
same by his full signature.
domicile at the time; and if the revocation takes place in this country,
CODICILS AND INCORPORATION BY REFERENCE when it is in accordance with the provisions of this Code.
Article 831. Subsequent wills which do not revoke the previous ones
in an express manner, annul only such dispositions in the prior wills
as are inconsistent with or contrary to those contained in the later
wills.
Effect
Article 834. The recognition of an illegitimate child does not lose its
legal effect, even though the will wherein it was made should be
revoked.
Article 837. If after making a will, the testator makes a second will
expressly revoking the first, the revocation of the second will does not
revive the first will, which can be revived only by another will or
codicil.