NOTES FOR FINALS
Right of Accretion
Subsection 6: The State
ARTICLE 1011. In default of persons entitled to
succeed in accordance with the provisions of the
preceding Sections, the State shall inherit the whole
estate.
ARTICLE 1012. In order that the State may take
possession of the property mentioned in the preceding
article, the pertinent provisions of the Rules of Court
must be observed.
ARTICLE 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.
Personal property – municipality or city where he
last resided
Real property – municipality or city where they are
located
If deceased never decided – municipalities or cities
where located
ARTICLE 1014. 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.
 In the absence of ALL those in the direct line and
ALL those within the 5th degree in the collateral
line, the State succeeds
 CADUCIARY RIGHT is the right of the state to
succeed
 A claim must be filed within 5 years from the
date the property was delivered to the State
CHAPTER 4
Provisions Common to Testate
and Intestate Successions
SECTION 1
ARTICLE 1015. Accretion is a right by virtue of which,
when two or more persons are called to the same
inheritance, devise or legacy, the part assigned to
the one who renounces or cannot receive his
share, or who died before the testator, is added or
incorporated to that of his co-heirs, co-devisees, or
co-legatees.
 Accretion is based on the presumed will of the
testator that he prefers to give certain properties
to certain individuals rather than that the
property shall go by way of intestacy
 Accretion is proper in both testate and intestate
succession
 In testate succession, it is proper only with
respect to the free portion
 In intestate succession, it is proper with the entire
portion
Requisites of Accretion (POVA)
1. There is only one inheritance, devise or legacy (unity of
object);
2. Plurality of subjects – there must be at least 2 or more
heirs, devisees of legatees instituted.
3. There is a vacant portion – meaning, one of the heirs,
devises, legatees instituted cannot succeed.
4. Acceptance of the portion accruing by the person entitled.
(If there is no acceptance the share will go by way of
intestacy.)
 There is unity of object when two or more persons are
called to the same inheritance. The property is not divided
and the heirs, devisees or legatees are called to the entire
estate pro indiviso
 If there is already a specification (north portion, south
portion), accretion is not proper
 With respect to money or fungible goods, as long as the
share of devisee, legatee or heir is not earmarked, there is
still unity of object
ARTICLE 1016. In order that the right of accretion may take
place in a testamentary succession, it shall be necessary:
(1) That two or more persons be called to the same
inheritance, or to the same portion thereof, pro indiviso; and
(2) That one of the persons thus called die before the testator,
or renounce the inheritance, or be incapacitated to receive it.
ARTICLE 1017. The words "one-half for each" or "in
equal shares" or any others which, though designating
an aliquot part, do not identify it by such description as
shall make each heir the exclusive owner of determinate
property, shall not exclude the right of accretion.
In case of money or fungible goods, if the share
of each heir is not earmarked, there shall be a right of
accretion.
In testamentary succession, accretion is proper if the
vacancy is caused if one of the heirs: (PRI-SF)
1. Predeceased
2. Incapacitated;
3. Repudiates the inheritance
4. If the suspensive condition is not fulfilled
5. Failure to identify one particular heir
ARTICLE 1018. In legal succession the share of the
person who repudiates the inheritance shall always
accrue to his co-heirs.
· This treats of accretion in intestacy
· One who renounces cannot represented
ARTICLE 1019. The heirs to whom the portion goes by
the right of accretion take it in the same proportion that
they inherit. (n)
 In intestate succession, accretion is proper if the
vacancy is caused by repudiation or incapacity
(subject to the right of representation)
 There is no accretion in intestate succession if the
vacancy is caused by disinheritance
ARTICLE 1020. The heirs to whom the inheritance
accrues shall succeed to all the rights and obligations
which the heir who renounced or could not receive it
would have had.
This is the same in substation. The rights and
obligations shall pass to the others to whom the shares
will accrue
EXCEPTIONS:
1. If the testator expressly provide that the other heirs
will not be subject to the same rights and obligations; &
2. If the rights and obligations are personal to the heir
whose portion becomes vacant
ARTICLE 1021. Among the compulsory heirs the right
of accretion shall take place only when the free portion
is left to two or more of them, or to any one of them and
to a stranger.
Should the part repudiated be the legitime, the
other coheirs shall succeed to it in their own right, and
not by the right of accretion. (985)
 There can be no accretion insofar as the legitime is
concerned
 Accretion, if it takes place, concerns only the free
portion
ARTICLE 1022. In testamentary succession, when the
right of accretion does not take place, the vacant portion
of the instituted heirs, if no substitute has been
designated, shall pass to the legal heirs of the testator,
who shall receive it with the same charges and
obligations. (986)
· This illustrates the order of preference (ISRAI)
ARTICLE 1023. Accretion shall also take place among
devisees, legatees and usufructuaries’ under the same
conditions established for heirs. (987a)
SECTION 2
Capacity to Succeed by Will or by Intestacy
ARTICLE 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. (744, 914)
· CAPACITY TO SUCCEED is the ability to
inherit and retain property obtained mortis causa
· Capacity to succeed is governed by the law of
the nation of the decedent
Bar Question: What matters are governed by the
national law of the decedent?
Under Article 15:
1. The order of succession
2. The amount of successional right
3. The intrinsic validity of the testamentary
provision
4. The capacity to succeed.
ARTICLE 1025. In 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. (n)
· Natural persons must be living AT THE TIME
that the succession opens or AT THE TIME OF THE
DEATH
· But the word “living” includes those at least
conceived (Article 41). A conceived child is deemed
to have live from the moment of the complete
separation from mother’s womb.
· But if the child has an intra-uterine life LESS
THAN 7 MONTHS, he should be considered alive if
the child does not die WITHIN 24 HOURS.
· In representation, the representative must also
be living or at least conceived at the moment the
succession opens
ARTICLE 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. (746a)
· Juridical persons inherit only by WILL
· Under article 1026, some of these entities are
not juridical persons. Juridical personality is
acquired when it is registered.
· Article 1026 grants capacity to succeed even
to non-juridical persons
· The STATE inherits by will or by intestacy by
virtue of its caduciary right
ARTICLE 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;
a(
6) Individuals, associations and corporations not
permitted
by law to inherit. (745, 752, 753, 754a)
1. Priest or Minister
to safeguard the right of the heirs who may
be defrauded by the sinister and undue
influence which may be exercised by some
priest and minister over a dying man
The will must be made DURING THE LAST
ILLNESS of the testator
LAST ILLNESS means the illness of which the
testator dies or the illness which immediately
preceded the death of the testator
The will must be made AFTER the confession
The priest must hear the confession. If he
merely extends spiritual aid, that is not
considered as confession. BUT with respect
to the minister, the giving of spiritual aid
disqualifies the minister.
It does not matter whether the illness is long,
lingering or short as long as there is great
possibility of death
The disqualification under this paragraph
does not extend to the legitime, intestacy
and dispositions which do not extend to a
testamentary benefit
2. Relatives of such pries or minister within
the 4th degree, the church, organization, etc.
3. Guardians
This refers to both to guardians over the
property and guardians of the person
As long as the final account has not been
approved, the guardian is prohibited from
being an heir, legatee/devisee of the testator