Introduction

I. Concept of Succession
A. Defnition and Concept of Succession
Art. 774. Succession is a mode of
acquisition by virtue of which the
property, rights and obligations to the
etent 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. #wnership is acquired by
occupation and by intellectual
creation.
#wnership 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.
$hey may also be acquired by means
of prescription. !%&'a"
(. )arties or Sub*ects of Succession
Art. 775. In this $itle, +decedent+ is
the general term applied to the person
whose property is transmitted through
succession, whether or not he left a
will. If he left a will, he is also called
the testator. !n"
Art. 782. An heir is a person called to
the succession either by the 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.
Art. 1026. A testamentary disposition
may be made to the State, provinces,
municipal corporations, private
corporations, organi,ations, or
associations for religious, scientifc,
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 sub*ect to the same.
!-.%a"
Art. 1029. Should the testator
dispose of the whole or part of his
property for prayers and pious wor/s
for the beneft of his soul, in general
terms and without specifying its
application, the eecutor, with the
court0s approval shall deliver one1half
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 Article 2&23.
!-.-a"
C. #b*ect of Succession
Art. 776. $he inheritance includes all
the property, rights and obligations of
a person which are not etinguished
by his death. !%4'"
Art. 1311. Contracts ta/e e5ect only
between the parties, their assigns and
heirs, ecept 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. $he heir is not liable
beyond the value of the property he
received from the decedent.
If a contract should contain some
stipulation in favor of a third person,
he may demand its fulfllment
provided he communicated his
acceptance to the obligor before its
revocation. A mere incidental beneft
or interest of a person is not su6cient.
$he contracting parties must have
clearly and deliberately conferred a
favor upon a third person. !274-a"
Art. 1429. 8hen a testate or
intestate heir voluntarily pays a debt
of the decedent eceeding 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.
1. 9eneral :ule; $ransmissible rights
and obligations
2. <ceptions; :ights and obligations
etinguished by death
Art. 603. =sufruct is etinguished;
!2" (y the death of the
usufructuary, unless a contrary
intention clearly appears>
!7" (y the epiration of the period
for which it was constituted, or by
the fulfllment of any resolutory
condition provided in the title
creating the usufruct>
!3" (y merger of the usufruct and
ownership in the same person>
!." (y renunciation of the
usufructuary>
!4" (y the total loss of the thing in
usufruct>
!%" (y the termination of the right
of the person constituting the
usufruct>
!-" (y prescription. !423a"
Art. 614. Servitudes may also be
established for the beneft of a
community, or of one or more
persons to whom the encumbered
estate does not belong. !432"
Art. 1828. $he dissolution of a
partnership is the change in the
relation of the partners caused by
any partner ceasing to be
associated in the carrying on as
distinguished from the winding up
of the business. !n"
Art. 1830. Dissolution is caused;
!4" (y the death of any partner>
Art. 1919. Agency is etinguished;
!2" (y its revocation>
!7" (y the withdrawal of the agent>
!3" (y the death, civil interdiction,
insanity or insolvency of the
principal or of the agent>
!." (y the dissolution of the frm or
corporation which entrusted or
accepted the agency>
!4" (y the accomplishment of the
ob*ect or purpose of the agency>
!%" (y the epiration of the period
for which the agency was
constituted. !2-37a"
Art. 1939. Commodatum is purely
personal in character.
Consequently;
!2" $he death of either the bailor or
the bailee etinguishes the
contract>
!7" $he bailee can neither lend nor
lease the ob*ect of the contract to a
third person. ?owever, the
members of the bailee0s household
may ma/e use of the thing loaned,
unless there is a stipulation to the
contrary, or unless the nature of
the thing forbids such use. !n"
D. #pening of Succession
Art. 777. $he rights to the
succession are transmitted from
the moment of the death of the
decedent. !%4-a"
Art. 533. $he possession of
hereditary property is deemed
transmitted to the heir without
interruption and from the moment
of the death of the decedent, in
case the inheritance is accepted.
#ne who validly renounces an
inheritance is deemed never to
have possessed the same. !..&"
Art. 1347. All things which are not
outside the commerce of men,
including future things, may be the
ob*ect of a contract. All rights
which are not intransmissible may
also be the ob*ect of contracts.
@o contract may be entered into
upon future inheritance ecept in
cases epressly authori,ed by law.
All 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.
!27-2a"
Art. 1461. $hings having a
potential eistence may be the
ob*ect of the contract of sale.
$he e6cacy of the sale of a mere
hope or epectancy is deemed
sub*ect to the condition that the
thing will come into eistence.
$he sale of a vain hope or
epectancy is void. !n"
Art. 2263. :ights to the
inheritance of a person who died,
with or without a will, before the
e5ectivity of this Code, shall be
governed by the Civil Code of 2AA',
by other previous laws, and by the
:ules of Court. $he inheritance of
those who, with or without a will,
die after the beginning of the
e5ectivity of this Code, shall be
ad*udicated and distributed in
accordance with this new body of
laws and by the :ules of Court> but
the testamentary provisions shall
be carried out insofar as they may
be permitted by this Code.
$herefore, legitimes, betterments,
legacies and bequests shall be
respected> however, their amount
shall be reduced if in no other
manner can every compulsory heir
be given his full share according to
this Code. !:ule 27a"
Bamily Code;
Art. 50. $he e5ects provided for
by paragraphs !7", !3", !." and !4"
of Article .3 and by Article .. shall
also apply in the proper cases to
marriages which are declared ab
initio or annulled by fnal *udgment
under Articles .& and .4.
$he fnal *udgment in such cases
shall provide for the liquidation,
partition and distribution of the
properties of the spouses, the
custody and support of the
common children, and the delivery
of third presumptive legitimes,
unless such matters had been
ad*udicated in previous *udicial
proceedings.
All creditors of the spouses as well
as of the absolute community or
the con*ugal partnership shall be
notifed of the proceedings for
liquidation.
In the partition, the con*ugal
dwelling and the lot on which it is
situated, shall be ad*udicated in
accordance with the provisions of
Articles 2&7 and 27'.
Art. 51. In said partition, the value
of the presumptive legitimes of all
common children, computed as of
the date of the fnal *udgment of
the trial court, shall be delivered in
cash, property or sound securities,
unless the parties, by mutual
agreement *udicially approved, had
already provided for such matters.
$he children or their guardian or
the trustee of their property may
as/ for the enforcement of the
*udgment.
$he delivery of the presumptive
legitimes herein prescribed shall in
no way pre*udice the ultimate
successional rights of the children
accruing upon the death of either
of both of the parents> but the
value of the properties already
received under the decree of
annulment or absolute nullity shall
be considered as advances on their
legitime. !n"
<. Cinds of Succession
Art. 778. Succession may be;
!2" $estamentary>
!7" Degal or intestate> or
!3" Eied. !n"
2. $estamentary;
Art. 779. $estamentary succession is
that which results from the
designation of an heir, made in a will
eecuted in the form prescribed by
law. !n"
7. Degal or Intestate;
Art. 960. Degal or intestate
succession ta/es place;
!2" If a person dies without a will, or
with a void will, or one which has
subsequently lost its validity>
!7" 8hen the will does not institute an
heir to, or dispose of all the property
belonging to the testator. In such case,
legal succession shall ta/e place only
with respect to the property of which
the testator has not disposed>
!3" If the suspensive condition
attached to the institution of heir does
not happen or is not fulflled, or if the
heir dies before the testator, or
repudiates the inheritance, there being
no substitution, and no right of
accretion ta/es place>
!." 8hen the heir instituted is
incapable of succeeding, ecept in
cases provided in this Code. !'27a"
3. Eied;
Art. 780. Eied succession is that
e5ected partly by will and partly by
operation of law. !n"
.. Compulsory