UNIVERSITY OF SAN CARLOS – SCHOOL OF LAW AND GOVERNANCE
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AUGUST 25, 2018 (SATURDAY)
Who succeeds?
(a) Heirs;
(b) Devisee;
(c) Legatee;
(d) State, public and private corporations; and
(e) Representatives
When you say heirs, do we need to clarify who these heirs are?
- Compulsory and voluntary heirs.
Other than the compulsory heir, voluntary heir, legatee and
devisee, who else may succeed?
- The State; or any juridical person permitted by their
charter.
Conversely, may a juridical person make a will?
- No, because the two (2) qualifications to be a testator
Is your brother a compulsory heir?
- No. My brother is not.
Who are compulsory heirs then?
(a) Legitimate children and descendants, with respect to
their legitimate parents and ascendants;
(b) In default of the foregoing, legitimate parents and
ascendants, with respect to their legitimate children and
descendants;
(c) The widow or widower;
(d) Acknowledged natural children, and natural children by
legal fiction; and
(e) Other illegitimate children referred to in Article 287.
Among them, who are primary compulsory heirs?
(a) Legitimate children and descendants, with respect to
their legitimate parents and ascendants;
(b) The surviving spouse;
(c) Acknowledged natural children, and natural children by
legal fiction; and
(d) Other illegitimate children referred to in Article 287.
Why are they called primary compulsory heirs?
- Because they are entitled to the legitime even in the
presence of other compulsory heirs and secondary
compulsory heirs; unlike secondary compulsory heirs –
who are entitled only in the absence of the primary
compulsory heirs.
Can there be an instance where the other primary compulsory heirs
may exclude another primary compulsory heir?
- No. It is solely up to the will of the testator – through
disinheritance.
When you say ‘disinheritance,’ who disinherits?
- The testator.
Can there be a compulsory heir ‘in waiting’?
- Yes, the secondary compulsory heirs may be classified as
such because they only wait and become entitled only to
the legitime in the absence of the primary compulsory
heirs.
Who are secondary compulsory heirs?
(a) Legitimate parents and ascendants in default of
legitimate children and descendants; and
Succession Transcript l Atty. Gujilde l EH403 A.Y.2018-2019
(b) If there are no other ascendants, illegitimate parents in
default of legitimate children and descendants and
surviving spouse.
Who are voluntary heirs?
- Those which are freely included by the testator in the
distribution of properties belonging to the free portion of
the inheritance.
If you are entitled to a legitime, can you also be a voluntary heir?
- Yes. It may be possible that the testator would give you
more than your share – as to the legitime, you are a
compulsory heir, but as to the free portion, you are
considered a voluntary heir.
Within the context of compulsory and voluntary heirs, would you
consider your brother a friend or a stranger?
- It doesn’t matter because you may institute your brother,
a stranger, or a friend to inherit a part of your free portion
– for as long as that person enjoys your liberality.
Who is a devisee?
- He is one who succeeds a particular real property.
Who is a legatee?
- He is one who succeeds a particular personal property.
Are they considered voluntary heirs?
- Not necessarily.
When you say voluntary heir, whose viewpoint are we referring to
that refers to you as voluntary?
- It’s the viewpoint of the testator – voluntary because he
is not compelled by any law.
Is there a difference between a friend and a legatee or devisee?
- A friend has a general title over the inheritance while the
devisee and legatee has a specific title over a specific
property, real or personal, to the inheritance.
May the State inherit?
- Yes.
What about private corporations, organizations, etc.?
- Yes they may, for as long as they are not prohibited by
their charters.
Do they have to be registered according to the laws of the country?
- No.
When they do inherit, is there a requirement that such should be
devoted to education, charitable, religious purposes?
- No. The provision does not provide for such.
Can we not presume that it was probably the intention of the
testator?
- We may presume, but it’s not conclusive. The testator
may specify its use, but it is not a requirement.
May private juridical persons inherit in legal succession?
- No.
May the State inherit through legal succession?
- Yes, in the absence of all compulsory heirs.
What do you understand by legal succession?
- Legal succession takes place by operation of law in the
absence of a last will and testament by the deceased.
 UNIVERSITY OF SAN CARLOS – SCHOOL OF LAW AND GOVERNANCE
How do you establish capacity to inherit?
(a) Certainty as to the death of the testator; and
(b) Certainty of the right to inheritance.
If you’re dead when the succession opens, you cannot inherit?
- You cannot (predecease).
What do you mean by the moment succession opens?
- It is the moment the testator dies.
When is the capacity to succeed determined?
- It should be at the opening of the succession, but you also
have to qualify – if there is a condition attached to the
succession, then at the happening of such condition.
Why not at the moment when the testator made the will?
- Because at that point in time, your right is still inchoate.
What is representation?
- It is the act or process created by fiction of law by which
the representatives are placed in the shoes or the degree
of the person he is representing and acquires the rights
of the latter.
Who may represent?
(a) Those capable of succeeding the decedent; and
(b) Renouncer
Are you saying that a renouncer can represent?
- He can represent but he cannot be represented.
Who can be represented?
(a) Compulsory heirs;
(b) Incapacitated heirs;
(c) Heirs who predecease; and
(d) Disinherited heirs
Are there persons who cannot represent?
(a) Adopted child – because the legal filiation exists only
between the adopted and the adopter; and
(b) Grand nephews and nieces – because under the law, in
collateral line, the right of representation is only in favor
of the children of the testator’s brothers and sisters.
Why can we not represent a voluntary heir?
- Because the reason of their inheritance is due to the
liberality of the testator – it may be the intention of the
testator that such inheritance was aimed only at that
person.
Who cannot be represented?
(a) Voluntary heirs;
(b) Repudiating heirs;
(c) Adopted child; and
(d) Heirs in ascending line.
What could be the reason that the heirs in the ascending line
cannot be represented?
- Because in inheritance, the primary purpose is to
preserve the property within the family. If there was
representation going up, the purpose might not be
served because usually, ascendants die earlier than the
testator.
What is the nature of acceptance?
- It is free and absolute, voluntary and irrevocable – save
for instances where there is vitiated consent, and the
appearance of a new will with material differences.
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Succession Transcript l Atty. Gujilde l EH403 A.Y.2018-2019
Why cannot acceptance be subject to a condition?
- Because when it is subjected to a condition, that
condition might not happen within an extended period of
time which might cause confusion as to the ownership of
property – which is exactly what the law is trying to avoid.
Can we presume acceptance?
- Yes – after the lapse of thirty (30) days after the court has
issued an order for the distribution of the estate without
the heirs signifying their acceptance or repudiation of the
inheritance.
When do you accept?
- At the opening of the succession?
Can you not post on facebook that “I saw my father make his last
will and testament, thank you, dad, blah blah blah” – can you not
do that?
- No. Your right is still inchoate and has yet to ripen.
Are you saying then that you cannot accept during the lifetime of
the testator?
- You may, but that acceptance is not valid with regards to
its legal effect in succession – it has no value.
When should you accept, then?
- You should accept when there is certainty as to the death
of the testator and there is certainty of your right to
inheritance.
When the succession opens, is there a specific timeline when you
should accept?
- No. It depends on your own volition.
Can you accept 24 months after the testator’s death? The two
requisites for your capacity to inherit is present.
- Yes.
What if it is after twenty four (24) years?
- Yes.
Does it matter when you accept?
- No because the effect of acceptance retroacts to the
moment of death or when succession opens.
As a general rule, who may accept?
- As a general rule, any person who has free disposal of his
property.
What do you understand by free disposal?
- He has the right to alienate, encumber, dispose, or do
whatever he pleases with the property.