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. (n) Art. 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 estate and intestate succession, and in consequence of certain contracts, by tradition. They may also be acquired by means of prescription. Art. 1311. ontracts ta!e e"ect only between the parties, their assigns and heirs, except in case where the rights and obligations arising from the contract are not transmissible by their nature, or by stipulation or by provision of law. The heir is not liable beyond the value of the property he received from the decedent. #f a contract should contain some stipulation in favor of a third person, he may demand its ful$llment provided he communicated his acceptance to the obligor before its revocation. % mere incidental bene$t or interest of a person is not su&cient. The contracting parties must have clearly and deliberately conferred a favor upon a third person. Art. 795. The validity of a will as to its form depends upon the observance of the law in force at the time it is made Art. 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed. 'hen the acts referred to are executed before the diplomatic or consular o&cials of the (epublic of the )hilippines in a foreign country, the solemnities established by )hilippine laws shall be observed in their execution. )rohibitive laws concerning persons, their acts or property, and those which have, for their ob*ect, public order, public policy and good customs shall not be rendered ine"ective by laws or *udgments promulgated, or by determinations or conventions agreed upon in a foreign country. Art. 810. % person may execute a holographic will which must be entirely written, dated, and signed by the hand of the testator himself. #t is sub*ect to no other form, and may be made in or out of the )hilippines, and need not be witnessed Art. 815. 'hen a +ilipino is in a foreign country, he is authori,ed to ma!e a will in any of the forms established by the law of the country in which he may be. Such will may be probated in the )hilippines. (n) Art. 816. The will of an alien who is abroad produces e"ect in the )hilippines if made with the formalities prescribed by the law of the place in which he resides, or according to the formalities observed in his country, or in conformity with those which this ode prescribes. (n) Art. 817. % will made in the )hilippines by a citi,en or sub*ect of another country, which is executed in accordance with the law of the country of which he is a citi,en or sub*ect, and which might be proved and allowed by the law of his own country, shall have the same e"ect as if executed according to the laws of the )hilippines. (n) Art. 818. Two or more persons cannot ma!e a will *ointly, or in the same instrument, either for their reciprocal bene$t or for the bene$t of a third person.(--.) Art. 819. 'ills, prohibited by the preceding article, executed by +ilipinos in a foreign country shall not be valid in the )hilippines, even though authori,ed by the laws of the country where they may have been executed Art. 2263. (ights to the inheritance of a person who died, with or without a will, before the e"ectivity of this ode, shall be governed by the ivil ode of /00., by other previous laws, and by the (ules of ourt. The inheritance of those who, with or without a will, die after the beginning of the e"ectivity of this ode, shall be ad*udicated and distributed in accordance with this new body of laws and by the (ules of ourt1 but the testamentary provisions shall be carried out insofar as they may be permitted by this ode. Therefore, legitimes, betterments, legacies and bequests shall be respected1 however, their amount shall be reduced if in no other manner can every compulsory heir be given his full share according to this ode. ((ule /2a) Art. 16. (eal property as well as personal property is sub*ect to the law of the country where it is stipulated. 3owever, 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. Art. 1039. apacity to succeed is governed by the law of the nation of the decedent. Art. 775. #n this Title, 4decedent4 is the general term applied to the person whose property is transmitted through succession, whether or not he left a will. #f he left a will, he is also called the testator. Art. 782. %n heir is a person called to the succession either by the provision of a will or by operation of law. 5evisees and legatees are persons to whom gifts of real and personal property are respectively given by virtue of a will. Art. 887. The following are compulsory heirs6 (/) 7egitimate children and descendants, with respect to their legitimate parents and ascendants1 (2) #n default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants1 (8) The widow or widower1 (9) %c!nowledged natural children, and natural children by legal $ction1 (:) Other illegitimate children referred to in %rticle 20;. Art. 287. #llegitimate children other than natural in accordance with %rticle 2-. and other than natural children by legal $ction are entitled to support and such successional rights as are granted in this ode. Art. 1003. #f there are no descendants, ascendants, illegitimate children, or a surviving spouse, the collateral relatives shall succeed to the entire estate of the deceased in accordance with the following articles. Art. 963. )roximity of relationship is determined by the number of generations. <ach generation forms a degree. (./:) Art. 964. % series of degrees forms a line, which may be either direct or collateral. % direct line is that constituted by the series of degrees among ascendants and descendants. % collateral line is that constituted by the series of degrees among persons who are not ascendants and descendants, but who come from a common ancestor.(./-a) Art. 965. The direct line is either descending or ascending. The former unites the head of the family with those who descend from him. The latter binds a person with those from whom he descends. (./;) Art. 966. #n the line, as many degrees are counted as there are generations or persons, excluding the progenitor. #n the direct line, ascent is made to the common ancestor. Thus, the child is one degree removed from the parent, two from the grandfather, and three from the great=grandparent. #n the collateral line, ascent is made to the common ancestor and then descent is made to the person with whom the computation is to be made. Thus, a person is two degrees removed from his brother, three from his uncle, who is the brother of his father, four from his $rst cousin, and so forth. (./0a) Art. 967. +ull blood relationship is that existing between persons who have the same father and the same mother. 3alf blood relationship is that existing between persons who have the same father, but not the same mother, or the same mother, but not the same father.(.2>a) Art. 968. #f there are several relatives of the same degree, and one or some of them are unwilling or incapacitated to succeed, his portion shall accrue to the others of the same degree, save the right of representation when it should ta!e place. (.22) Art. 969. #f the inheritance should be repudiated by the nearest relative, should there be one only, or by all the nearest relatives called by law to succeed, should there be several, those of the following degree shall inherit in their own right and cannot represent the person or persons repudiating the inheritance. (.28) Art. 1024. )ersons not incapacitated by law may succeed by will or ab intestato. The provisions relating to incapacity by will are equally applicable to intestate succession. Art. 1034. #n order to *udge the capacity of the heir, devisee or legatee, his quali$cation at the time of the death of the decedent shall be the criterion. #n cases falling under ?os. 2, 8, or : of %rticle />82, it shall be necessary to wait until $nal *udgment is rendered, and in the case falling under ?o. 9, the expiration of the month allowed for the report. Art. 1032. The following are incapable of succeeding by reason of unworthiness6 (/) )arents who have abandoned their children or induced their daughters to lead a corrupt or immoral life, or attempted against their virtue1 (2) %ny person who has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants1 (8) %ny person who has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless1 (9) %ny heir of full age who, having !nowledge of the violent death of the testator, should fail to report it to an o&cer of the law within a month, unless the authorities have already ta!en action1 this prohibition shall not apply to cases wherein, according to law, there is no obligation to ma!e an accusation1 (:) %ny person convicted of adultery or concubinage with the spouse of the testator1 (-) %ny person who by fraud, violence, intimidation, or undue in@uence should cause the testator to ma!e a will or to change one already made1 (;) %ny person who by the same means prevents another from ma!ing a will, or from revo!ing one already made, or who supplants, conceals, or alters the latterAs will1 (0) %ny person who falsi$es or forges a supposed will of the decedent. Art. 1039. apacity to succeed is governed by the law of the nation of the decedent. Art. 16. (eal property as well as personal property is sub*ect to the law of the country where it is stipulated. 3owever, 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. Art. 1024. )ersons not incapacitated by law may succeed by will or ab intestato. The provisions relating to incapacity by will are equally applicable to intestate succession. (;99, ./9) Art. 1025. #n 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. % 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 9/. (n) Art. 1026. % testamentary disposition may be made to the State, provinces, municipal corporations, private corporations, organi,ations, or associations for religious, scienti$c, cultural, educational, or charitable purposes. %ll other corporations or entities may succeed under a will, unless there is a provision to the contrary in their charter or the laws of their creation, and always sub*ect to the same. Art. 1029. Should the testator dispose of the whole or part of his property for prayers and pious wor!s for the bene$t of his soul, in general terms and without specifying its application, the executor, with the courtAs approval shall deliver one=half thereof or its proceeds to the church or denomination to which the testator may belong, to be used for such prayers and pious wor!s, and the other half to the State, for the purposes mentioned in %rticle />/8. (;9;a) Art. 1030. Testamentary provisions in favor of the poor in general, without designation of particular persons or of any community, shall be deemed limited to the poor living in the domicile of the testator at the time of his death, unless it should clearly appear that his intention was otherwise. The designation of the persons who are to be considered as poor and the distribution of the property shall be made by the person appointed by the testator for the purpose1 in default of such person, by the executor, and should there be no executor, by the *ustice of the peace, the mayor, and the municipal treasurer, who shall decide by a ma*ority of votes all questions that may arise. #n all these cases, the approval of the ourt of +irst #nstance shall be necessary. The preceding paragraph shall apply when the testator has disposed of his property in favor of the poor of a de$nite locality. Art. 1025. #n 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. % 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 9/. Art. 41. +or civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the motherAs womb. 3owever, if the fetus had an intra=uterine life of less than seven months, it is not deemed born if it dies within twenty=four hours after its complete delivery from the maternal womb. Art. 1027. The following are incapable of succeeding6 (/) 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 period1 (2) The relatives of such priest or minister of the gospel within the fourth degree, the church, order, chapter, community, organi,ation, or institution to which such priest or minister may belong1 (8) % guardian with respect to testamentary dispositions given by a ward in his favor before the $nal accounts of the guardianship have been approved, even if the testator should die after the approval thereof1 nevertheless, any provision made by the ward in favor of the guardian when the latter is his ascendant, descendant, brother, sister, or spouse, shall be valid1 (9) %ny attesting witness to the execution of a will, the spouse, parents, or children, or any one claiming under such witness, spouse, parents, or children1 (:) %ny physician, surgeon, nurse, health o&cer or druggist who too! care of the testator during his last illness1 (-) #ndividuals, associations and corporations not permitted by law to inherit. (;9:, ;:2, ;:8, ;:9a) Art. 1028. The prohibitions mentioned in article ;8., concerning donations inter vivos shall apply to testamentary provisions. Art. 739. The following donations shall be void6 (/) Those made between persons who were guilty of adultery or concubinage at the time of the donation1 (2) Those made between persons found guilty of the same criminal o"ense, in consideration thereof1 (8) Those made to a public o&cer or his wife, descedants and ascendants, by reason of his o&ce. #n the case referred to in ?o. /, the action for declaration of nullity may be brought by the spouse of the donor or donee1 and the guilt of the donor and donee may be proved by preponderance of evidence in the same action. Art. 1031. % testamentary provision in favor of a disquali$ed person, even though made under the guise of an onerous contract, or made through an intermediary, shall be void. (;::) Art. 1032. The following are incapable of succeeding by reason of unworthiness6 (/) )arents who have abandoned their children or induced their daughters to lead a corrupt or immoral life, or attempted against their virtue1 (2) %ny person who has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants1 (8) %ny person who has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless1 (9) %ny heir of full age who, having !nowledge of the violent death of the testator, should fail to report it to an o&cer of the law within a month, unless the authorities have already ta!en action1 this prohibition shall not apply to cases wherein, according to law, there is no obligation to ma!e an accusation1 (:) %ny person convicted of adultery or concubinage with the spouse of the testator1 (-) %ny person who by fraud, violence, intimidation, or undue in@uence should cause the testator to ma!e a will or to change one already made1 (;) %ny person who by the same means prevents another from ma!ing a will, or from revo!ing one already made, or who supplants, conceals, or alters the latterAs will1 (0) %ny person who falsi$es or forges a supposed will of the decedent. (;:-, -;8, -;9a) Art. 1033. The cause of unworthiness shall be without e"ect if the testator had !nowledge thereof at the time he made the will, or if, having !nown of them subsequently, he should condone them in writing. Art. 990. The hereditary rights granted by the two preceding articles to illegitimate children shall be transmitted upon their death to their descendants, who shall inherit by right of representation from their deceased grandparent.(.9/a) Art. 991. #f legitimate ascendants are left, the illegitimate children shall divide the inheritance with them, ta!ing one=half of the estate, whatever be the number of the ascendants or of the illegitimate children. (.92=09/a) Art. 992. %n illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother1 nor shall such children or relatives inherit in the same manner from the illegitimate child Art. 1036. %lienations of hereditary property, and acts of administration performed by the excluded heir, before the *udicial order of exclusion, are valid as to the third persons who acted in good faith1 but the co=heirs shall have a right to recover damages from the disquali$ed heir Art. 1035. #f the person excluded from the inheritance by reason of incapacity should be a child or descendant of the decedent and should have children or descendants, the latter shall acquire his right to the legitime. The person so excluded shall not en*oy the usufruct and administration of the property thus inherited by his children Art. 1937. Bovable or immovable property may be the ob*ect of commodatum. Art. 1014. #f a person legally entitled to the estate of the deceased appears and $les a claim thereto with the court within $ve 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. Art. 1038. %ny person incapable of succession, who, disregarding the prohibition stated in the preceding articles, entered into the possession of the hereditary property, shall be obliged to return it together it its accessions. 3e shall be liable for all the fruits and rents he may have received, or could have received through the exercise of due diligence. Art. 1040. The action for a declaration of incapacity and for the recovery of the inheritance, devise or legacy shall be brought within $ve years from the time the disquali$ed person too! possession thereof. #t may be brought by any one who may have an interest in the succession. Art. 776. The inheritance includes all the property, rights and obligations of a person which are not extinguished by his death Art. 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 Art. 1311. ontracts ta!e e"ect only between the parties, their assigns and heirs, except in case where the rights and obligations arising from the contract are not transmissible by their nature, or by stipulation or by provision of law. The heir is not liable beyond the value of the property he received from the decedent. #f a contract should contain some stipulation in favor of a third person, he may demand its ful$llment provided he communicated his acceptance to the obligor before its revocation. % mere incidental bene$t or interest of a person is not su&cient. The contracting parties must have clearly and deliberately conferred a favor upon a third person. Art. 1429. 'hen a testate or intestate heir voluntarily pays a debt of the decedent exceeding the value of the property which he received by will or by the law of intestacy from the estate of the deceased, the payment is valid and cannot be rescinded by the payer. Art. 1178. Sub*ect to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary. Art. 1347. %ll things which are not outside the commerce of men, including future things, may be the ob*ect of a contract. %ll rights which are not intransmissible may also be the ob*ect of contracts. ?o contract may be entered into upon future inheritance except in cases expressly authori,ed by law. %ll services which are not contrary to law, morals, good customs, public order or public policy may li!ewise be the ob*ect of a contract. Art. 108. Obligation to ma!e restoration, reparation for damages, or indemni$cation for consequential damages and actions to demand the same1 Cpon whom it devolves. = The obligation to ma!e restoration or reparation for damages and indemni$cation for consequential damages devolves upon the heirs of the person liable. The action to demand restoration, reparation, and indemni$cation li!ewise descends to the heirs of the person in*ured.