THE LAW ON SUCCESSION

SUCCESSION is a mode of acquisition by virtue of which the property, rights, and obligations to the extent of the value of inheritance of a person are transmitted through his death to another or other, either by will or by operation of law (Art. 774 Civil Code) The rights to the succession are transmitted from the moment of the death of the decedent (Art. 77, Civil Code) The succession may be testamentary legal or intestate, or mixed .

TESTATOR/DECEDENT
TESTATOR
when the natural person died with a will transmittal of property to the heirs are by provisions of a will and respecting the legitime of the forced or compulsory heirs by the provisions of law

DECEDENT when the natural person died without a will Transmittal of property left by a decedent to the heirs and relatives, upon his death are by operation of law.

 LEGITIME refers to the property or estate of the testator or decedent which cannot be disposed of by a will because of the law has reserved it for certain heirs who are called compulsory heirs. It is a percentage of the property left by the deceased person that he reserved to the forced heirs and legal heirs by operation of law.

 CLASSES OF CHILDREN UNDER FAMILY CODE a. LEGITIMATE-acknowledged natural children and natural children by legal fiction b. ILLEGITIMATE-children conceived and born outside a valid marriage. The legitime of an illegitimate child shall consist of one-half of the legitimate of each legitime child

 LEGITIME OF CHILDREN Legitimate children and descendants will consist of one-half of the hereditary estate of the father and of the mother. The latter may freely dispose of the remaining half, subject to the rights of illegitimate children and of the surviving spouse Acknowledged natural children and each of the natural children by legal fiction shall consist of one-half of the legitime of each of the legitimate children or descendants.

 Illegitimate children who is neither an acknowledged natural, nor a natural child by legal fiction, shall be equal in every case to the fourfifths of the legitime of an acknowledged natural child The legitime of the illegitimate children shall be taken from the portion of the estate at the free disposal of the testator, provided, that in no case shall the total legitimate of such illegitimate children exceed that free portion, and that the legitime of the surviving spouse must first be fully satisfied

 LEGITIME OF LEGITIMATE PARENTS -consists of one-half of the hereditary estates of their children and descendants. The children or descendants may freely dispose of the other half, subject to the rights of illegitimate children and of the surviving spouse -the legitime reserved for the legitimate parents shall be divided between them equally; if one of the parents should have died, the whole shall pass to the survivor. If the testator leaves neither father nor mother, but is survived by ascendants of equal degree of the paternal and maternal lines, the legitime shall be divided equally between both lines. If the descendants should be of different degrees, it shall pertain entirely to the ones nearest in degree of either line.

 LEGITIME OF SURVIVING SPOUSE

If the testator leaves no legitimate descendants, but leaves legitimate ascendants, the surviving spouse shall have a right to one fourth of the hereditary estate. This one-fourth shall be taken from the freeportion of the estate If 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 one-third. The remaining onethird shall be at the disposition of the testator. If only one legitimate child or descendants of the deceased survives, the widow or widower shall be entitled to one-fourth of the hereditary estate.

 In case of a legal separation, the surviving spouse may inherit, if it was the deceased who had given cause for the same. If there are two or more legitimate children or descendants, the surviving spouse shall be entitled to a portion equal to the legitime of each legitimate children or descendants. In both cases, the legitime of the surviving spouse shall be taken from the portion that can be freely disposed by the testator. When the widow or widower survives with legitimate children or descendants, and acknowledged natural children or natural children by legal fiction, such surviving spouse shall be entitled to a portion equal to the legitime of each of the legitimate children, which must be taken from that part of the estate which the testator can freely dispose of.

ELEMENTS OF SUCCESSION 1. Death of a Decedent or Testator; 2. Gross Estate or Inheritance 3. Successors, which include compulsory heirs, legal heirs, legatees, and devisees; 4. Acceptance, which may either be expressed or implied.
An heir is a person called to the succession, either by a provision of a will or by operation of law. Devisees and legatees are persons to whom gifts of real and personal property are respectively given by virtue of a will

 COMPULSORY HEIRS 1. Legitimate children and descendants, with respect to their legitimate parents and ascendants; 2. In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants; 3. The widow or widower; 4. Acknowledged natural children and natural children by legal fiction; 5. Other illegitimate children.