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(a) Original modes. (Acap v. CA, 251 SCRA 30 2. the true cause (or 2. the justification for
[1995]) process) the process
Estate and obligation of decedent “The inheritance includes all the property, rights
and obligations of a person which are not
= The estate of the decedent pays for the extinguished by his death.”
obligations of the decedent. What is left is
given to the heirs. Inheritance= Transmissible property, rights and
obligations constitute inheritance.
Property and Rights
Guidelines on whether rights/ obligations are
= Passed on to the decedent's successors extinguished by death: (PePaMo)
Bases for Succession: (FSO) contracts are generally effective only between
the PARTIES, their ASSIGNS, and their HEIRS.
(a) The natural law which obliges a person to
provide for those he would leave behind (this is = a contract can only bind the parties who had
a consequence of family relations; a recognition entered into it or their successors who assumed
of the natural law of consanguinity, or of blood, their personalities or their juridical positions,
and the natural affection of a person toward and that, as a consequence, such contract can
those nearest him in relationship. (Henry v. neither favor nor prejudice a third person.
Thomas, 20 N.E. 519, 118 Ind. 23). (Quano v. CA, et al. GR 95900, Jul. 23, 1992)
“Testamentary succession is that which results (b) If in the course of intestate proceedings
from the designation of an heir, made in a will pending before the CFI (now RTC) it is found
executed in the form prescribed by law. (n)” that the decedent left a will,proceedings for the
probate of the will should replace the
Rules for Testamentary Succession intestate proceedings (in the same court)
even if at that stage, an administrator
(a) Testamentary succession may be done thru had already been appointed, the latter being
a will or thru a codicil. required to render his final accounts and to
turn over the estate to the executor
(b) The will or codicil may be: subsequently named.
This is without prejudice to the fact that
(1) notarial (ordinary, attested, or if, the will be disallowed, the intestate
acknowledged) proceedings should be resumed.
(Vicente Uriarte v. CFI of Negros Occidental, et
(2) holographic (handwritten by the al. L-21938-39, May 29, 1970)
testator from beginning to end,
complete with date and signature) Legal or Intestate succession is inexplicably not
defined.
(c) In case of doubt, testamentary succession is Curiously, the draft code contained a
preferred to legal or intestate succession. (See definition of this kind of succession but for
Art. 791). some unknown reasons it was not included. It
stated that an “Intestate succession takes place
by operation of law in the absence of a valid
will.”
“The words of a will are to receive an “Mixed succession is that effected partly by will
interpretation which will give to every and partly by operation of law.”
expression some effect, rather than one which
will render any of the expressions inoperative; Sample problem:
and of two modes of interpreting a will, that is
to be preferred which will prevent intestacy. (n) A made a will, disposing half of his
properties. the will is later on declared null and
void for lack of the proper signature, is this a Legal or Intestate
case of legal or mixed succession?
ANS.: Legal because the will being void, It is called LEGAL, because its terms are
the entire estate descends to the heirs by fixed by law.
operation of law. It is called INTESTATE, because it takes
place when there is NO WILL or no particular
The decedent may have died partly disposition of the property concerned.
testate and partly intestate. Insofar as the will
disposes of certain properties, this is generally Kinds of succession (Superiority)
the law that should govern.( Parish Priest of
Roman Catholic Church of Victoria, Tarlac v. 1) forced succession
Rigor L-22036, Apr. 30, 1979) (?) 2) testamentary succession
3) intestate succession
Art. 960.
Legal or Intestate and Forced Succession
“Legal or intestate succession takes place:
(WHSI) In legal succession, the law tries to
follow the presumed will of the decedent.
(1) If a person dies without a will, or with a void In forced succession (succession to the
will, or one which has subsequently lost its legitime), regardless of the decedent’s desire,
validity; he must comply with the rules on the legitime.
(2) When the will does not institute an heir to, @ Probate Court
or dispose of all the property belonging to the
testator. In such case, legal succession shall take Q:
place only with respect to the property of which In an intestate proceeding, the heirs
the testator has not disposed; presented a partition which was subsequently
approved by the court.
(3) If the suspensive condition attached to the Later an alleged will turned up, and
institution of heir does not happen or is not some of the heirs benefited moved for the
fulfilled, of if the heir dies before the testator, or reopening of the case.
repudiates the inheritance, there being no The court ruled among other things that
substitution, and no right of accretion takes the discovered will had already been
place; previously revoked. Can the intestate court
make this declaration?
(4) When the heir instituted is incapable of
succeeding, except in cases provided in this Ans:
Code. No, because a court before whom the
intestate case has been filed has no jurisdiction
Legal Succession’ Defi ned in matters of probate. The allegation that this is
a valid will to consider is a matter over which
= Legal succession is that kind of succession only a probate court has jurisdiction. The court
prescribed by the law (and presumed by it to be must order that a separate case be filed in a
the desire of the deceased), probate court.
which takes place when the expressed (Testate Estate of the Late Adrian Maloto v.
will of the decedent has not been set down in a Maloto L-32328, Sep. 30, 1977)
will. (or causes as specified in Art 960 and other
causes)
= The jurisdiction of the regional trial court as a 3)
probate or intestate court relates only to "Suspensive condition does not
matters having to do with the settlement of the happen."-- Intestacy as to that specific
estate and probate of will of deceased persons institution.
It does not extend to the determination
of questions of ownership that arise during the 4)
proceedings. (Ortañez-Enderes v. CA 321 SCRA "Incapable of succeeding-- Only specific
178 (1999)) provision will give rise to intestacy.
= The action to revoke or reduce the inofficious (b) because, being in the nature of a
donation must be brought by the donor’s “liberality,” donations propter nuptias
compulsory heirs, within five years after the remain subject to reduction, if found
donor’s death. (Art. 1149). inofficious.
= If the object is outside the commerce of man, 1) in the case of marriage settlements.
such as sidewalks (Muyot v. De la Fuente, [C.A.] (See Art. 130,Civil Code now Art. 84);
48 O.G. 4866)
or public plazas (Mun. of Cavite v. 2) in the case of partitions of property
Rojas, 30 Phil. 602), or public bridges, inter vivos by the deceased. (See Art.
they cannot be the object of contracts of 1080, Civil Code).
alienation (but may be the object, for example,
of a contract for repair). NOTE:
Future inheritance is any property or
= Taxes are fixed by law, and are not subject to right not in existence or capable of
contract between the taxpayer and tax officer, determination, at the time of the contract, that
except when there is an actual compromise. a person may in the future acquire by
(Coll. of Int. Rev. v. Ellen Wood McGrath, L- succession. (Maria Gervacio Blas, et al. v.
12710, L-12721, Feb. 28, 1961). Rosalinda Santos, et al., L-14070, Mar. 29,
1961).]
= The right to present one’s candidacy for a
public office cannot be the object of a contract.
Hence, a defeated candidate in a party
@ Inheritance transferred automatically to the time when she was still alive. Is such partition of
heirs upon death of the Decedent; Inheritance property valid?
is not a Future Property
ANS.:
QUES: No. This is a contract relating to a future
A’s father died, but before delivery of the inheritance (for the mother is still alive) and
property to him, A sold his share of the does not come under the category of those
property inherited. Is the sale valid? contracts authorized by law concerning future
inheritance.
ANS.: Yes, the sale is valid. The inheritance The owner (the mother) could have
here is not future inheritance, but existing made a partition among the heirs, but since the
inheritance, although as yet undelivered. partition was made here not by her, but by the
Ownership is transferred automatically heirs, the same is void, under the second
to the heir upon the death of the decedent. paragraph of Art. 1271 of the old Civil Code.
(Now the second paragraph of Art. 1347 of the
Said the Supreme Court: “The New Civil Code). (Arroyo v. Gerona, 58 Phil.
properties of an existing inheritance cannot be 226).
considered as another’s property with relation
to the heirs who, through a fiction of law, No Extension After Expiration
continue the personality of the owner.
= If a lease has expired, the trial court can no
Nor do they have the character of longer extend the same without the consent of
future property because the predecessor in both lessor and lessee.( Gindoy v. Tapucar 76
interest having already died, his heirs acquired a SCRA 31)
right to succeed him from the moment of his
death. An inheritance already existing, which is
no longer future from the moment of death of
the predecessor, may legally be the object of Human Blood is not an Object of Contract
contract.” (Osorio v. Osorio and Inchausti
Steamship Co., 41 Phil. 513). = The human blood, like other parts of the
human body, cannot be considered object of
@ Future Inheritance contracts because they are outside the
commerce of men(Art. 1347(1)(3), Civil Code).
(1) QUES:
While his father was still alive, A sold to As such, the extraction, collecting, and
B the property he (A) expected to receive from selling of human blood by any individual
his father. Is the contract valid? or agency (e.g., People’s Blood Bank) is an
aspect of the medical profession and should not
ANS.: be considered a taxable entity for business tax
No, because the object of the contract purposes.
here is really future inheritance, and the
particular contract in this case is not one of The word “donation” instead of
those authorized by law regarding inheritance. “selling” should be used as the euphemisms for
(Tordilla v. Tordilla, 60 Phil. 162). the act of “giving away” or “transferring to
another “any part of the human body for
(2) QUES: scientific purposes, to save life or to advance
Some future heirs divided the property the cause of medical science. ”Sale” of
they expected to inherit from their mother, at a
human blood is not taxable activity for business These Two must be considered,
tax purposes. therefore, the origin of the right, and that which
makes the right effective.
Art. 1348.
Death Defined
“Impossible things or services cannot be the
object of contracts.” = Death is not limited to natural or
physical death, presumed death by virtue of
Art. 905 prolonged legal absence is included. (What
article)
C. OPENING OF SUCCESSION
Art. 390.
Art. 777.
“After an absence of seven years, it being
“The rights to the succession are transmitted unknown whether or not the absentee still lives,
from the moment of the death of the decedent.” he shall be presumed dead for all purposes,
except for those of succession.
Death of the Decedent
The absentee shall not be presumed
= the determining point when the heirs dead for the purpose of opening his succession
acquire a definite right to inheritance whether till after an absence of ten years. If he
pure or conditional. disappeared after the age of seventy-five
years, an absence of five years shall be sufficient
= rights of the heirs to the inheritance arise in order that his succession may be opened. (n)
from the express will of the testator or from
the provisions of the law, but they do not Art. 391.
acquire solidity and effectiveness except from
the moment of death; “The following shall be presumed dead for all
before this event, the law may change, purposes, including the division of the estate
the will of the testator may vary, and even among the heirs:
circumstances may be modified to such an
extent that he who is expected to receive (1) A person on board a vessel lost during a sea
property may be deprived of it; but once death voyage, or an aeroplane which is missing, who
supervenes, the will of the testator becomes has not been heard of for four years since the
immutable, loss of the vessel or aeroplane;
the law as to the succession can no
longer be changed, disinheritance cannot be (2) A person in the armed forces who has taken
effected part in war, and has been missing for four years;
= succession is opened by the death of the (3) A person who has been in danger of death
person from whom the inheritance comes. under other circumstances and his existence
has not been known for four years. (n)
Right of Inheritance: Origin and Effectivity
Four Elements of Succession: (DWSA)
= rights to the succession of a person are
transmitted from the moment of his death, and 1. Death
by virtue of prior manifestations of his will or of 2. Will or Operation of law
causes predetermined by law. 3. Existence and capacity of the successor
4. Acceptance. = The right to inherit is vested at the moment
of death. Even if she did not know how much
Rights to Succession: When Inchoate and she was going to inherit, she could still dispose
Vested of her share in the inheritance.
Said right to the share was hers from
= Rights to succession vest at the moment of the moment of death and she could do
death, not transmitted. The right should be whatever she wanted w/ her share, even sell it.(
made effective from the moment of death. Borja v. Borja)
= the rights to succession before death are = You do not need a DECLARATION OF
mere inchoate. But from the moment of death, HEIRSHIP whether testate or intestate,
those inchoate rights become absolute. voluntary, etc.
The rights of the heirs to the prop. vest
= Rights to succession are vested from the in them even before judicial declaration of their
moment of death, being heirs in the testate proceedings.
not upon the filing of petition for
testate/ intestate proceedings, not upon the An ACTION TO QUIET TITLE is not
declaration of heirship or upon settlement of extinguished by the death of the decedent, it
the estate. being a patrimonial right. Hence, the heirs have
the right to be substituted to the action even
= The rights to succession are automatic. before their having declared as heirs.( Bonilla v.
TRADITION OR DELIVERY is not needed. Fiction Barcena)
of the law is that from the moment of the death
of the decedent, the right passes to the heirs. = Carlos died in 1936, BEFORE THE EFFECTIVITY
OF THE NCC. As such, his illegitimate child
= During the lifetime of the predecessor, rights cannot inherit from him. As such, title to the
to succession are a mere expectancy. Hence, no land belongs to the cousin who inherited the
contract can be legally entered into regarding land w/ Carlos.( Jimenez v. Fernandez)
the expected inheritance. When a heir receives
his inheritance, he is deemed to have received
it at the point of death. This is so by legal
fiction to avoid confusion.
@ Rights of heirs vested at the time of Death Art. 84.
of Decedent
“ If the future spouses agree upon a regime
Upon the death of the husband before other than the absolute community of property,
the NCC, the rights of the wife to the they cannot donate to each other in their
inheritance were vested. So the rights of the marriage settlements more than one-fifth of
illegitimate children under the NCC to inherit their present property. Any excess shall
cannot prejudice the vested rights of the wife. be considered void.
We have to apply the OCC bec. at the
time of his death, it is the OCC w/c governed Donations of future property shall be governed
the law on succession. by the provisions on testamentary succession
For the DETERMINATION OF and the formalities of wills. (130a)”
SUCCESSIONAL RIGHTS, the law at the point of
death should be the one applied. (Uson v. Del Art. 86.
Rosario.)
A donation by reason of marriage may be
revoked by the donor in the following cases: = These donations, unlike donations of present
property which take effect upon the celebration
(1) If the marriage is not celebrated or judicially of the marriage,
declared void ab initio except donations made in take effect upon the death of the donor
the marriage settlements, which shall be spouse.
governed by Article 81; It cannot be made in the marriage
settlement but in a will or testament.
(2) When the marriage takes place without the Its limits are governed by the rules of
consent of the parents or guardian, as required testamentary succession provided by the Civil
by law; Code.
Since a will can be revoked by the
(3) When the marriage is annulled, and the testator at any time before his death, the
donee acted in bad faith; donation propter nuptias of future property
may be so revoked.
(4) Upon legal separation, the donee being the Persons other than the affianced parties
guilty spouse; cannot give donations propter nuptial of
future property.
(5) If it is with a resolutory condition and the
condition is complied with; Xxxxxxx
(6) When the donee has committed an act of D. Subject and Object of Succession
ingratitude as specified by the provisions of the
Civil Code on donations in general. (132a) Art. 775.
(1) If the donee should commit some offense Testator and Decedent:
against the person, the honor or the property
of the donor, or of his wife or children under Every testator is a decedent but not all
his parental authority; decedents are testators. Under the American
system, a decedent who did not leave a will is
(2) If the donee imputes to the donor any called "intestate." But this is not true in the
criminal offense, or any act involving moral Phils.(Balane)
turpitude, even though he should prove it,
unless the crime or the act has been Art. 776.
committed against the donee himself, his
wife or children under his authority; “The inheritance includes all the property, rights
and obligations which are not extinguished by
(3) If he unduly refuses him support when his death.”
the donee is legally or morally bound to give
support to the donor. (648a)