OUTLINE OF THE LAW OF

SUCCESSION

Reference Prof. Ruben F. Balane

I. NATURE AND PURPOSE OF THE LAW ON SUCCESSION

A. To provide a means whereby the property and juridical

relations of a person which are not extinguished by death
should be transmitted and distributed.

B. Statutory definition in Article 774: Succession as a mode

of acquisition.

C. Succession as part of family law.

D. When does transmission take effect? Upon decedent’s

death – Art. 777, (Uson v. Del Rosario, 92:530 / De Borja v.
De Borja, 46 SCRA 577 / Bonilla v. Barcena, 71 SCRA 491).

E. Definition of terms and General Concepts – Arts. 775 – 782.

F. ART 777

G. Alfonso vs. Sps Andres [2010]

H. Republic vs. Marcos-Manotoc [2010]

I. Ining vs. Vega [2013]

J. PNB vs. Garcia

II. SYSTEM OF DISTRIBUTION OF PROPERTY UNDER PHILIPPINE

LAW: THE SYSTEM OF PARTIAL RESERVATION

A. The Reserved Portion (Legitime) and the Free Portion.

B. Kinds of Succession Under the System of Partial

Reservation.
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1. Compulsory Succession (886 – 907)

2. Testamentary Succession (779; 783 – 856)
3. Intestate Succession (960 – 1014)

III. COMPULSORY SUCCESSION (886 – 907; 854; 915 – 923, 1032 –

1040; 970 – 977; 992; 891)

A. Why Compulsory?

B. The reserved portion – the legitime, defined in Article 886;

Article 904; Articles 905 – 907 & 855

C. Kinds of Compulsory Heirs: Article 887

1. Primary
a. legitimate children and/or
b. legitimate descendants

2. Secondary
a. legitimate parents
b. other legitimate ascendants
c. illegitimate parents

3. Concurring
a. surviving spouse
b. illegitimate children

D. Legitimary shares of compulsory heirs.

1. Basic legitime – 1/2 of the estate. Three exceptions:

a. Marriage in articulo mortis – Art. 900, par. 2.

b. Surviving spouse and illegitimate children –

Art. 894.

c. Surviving spouse and illegitimate parents –

Art. 903.

2. Legitimate children and/or Descendants.

a. 1/2 of the estate – Art. 888.

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b. Principle: The nearer exclude the farther,

without prejudice to representation.

c. Adopted children – same rights as legitimate

children – Sec. 18, R.A. 8552 (Domestic
Adoption Act of 1998)

3. Legitimate Parents or Ascendants.

a. 1/2 of the estate – Arts. 889 –890.

b. Three rules:

1. The nearer exclude the farther.

2. Division by line.
3. Equal division within the line.

4. Surviving Spouse: Most variable share.

a. If alone: 1/2 of the estate. Exception: marriage

in articulo mortis: 1/3 of the estate (Art. 900,
par. 2).

b. If concurring with illegitimate children: 1/3 of

the estate (Art. 894).

c. If concurring with one legitimate child: 1/4 of

the estate (Art. 892).

d. If concurring with legitimate parents or

ascendants: 1/4 of the estate (Art. 896).

e. If concurring with illegitimate parents: 1/4 of

the estate (Art. 903).

f. If concurring with legitimate ascendants and

illegitimate children: 1/8 of the estate (Art.
899).

g. If concurring with several legitimate children:

a share equal to that of one legitimate child
(Art. 892 and Art. 895, par. 3)

5. Illegitimate Children and/or Descendants.

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a. If they are the only compulsory heirs: 1/2 of

the estate (Art. 901).

b. If concurring with the surviving spouse: 1/3 of

the estate (Art. 894).

c. If concurring with legitimate parents or

ascendants: 1/4 of the estate (Art. 896).

d. If concurring with legitimate children or

descendants: ratio of 2:1. (Art. 176 [FC]) [But if
decedent died before effectivity of FC –
10:5:4]. (Art. 895 [CC])

e. Descendants of Illegitimate Children (Art. 902)

6. Illegitimate Parents.

a. If alone: 1/2 of the estate (Art. 903).

b. If concurring with spouse – 1/4 of the estate

(Art. 903).

7. Various combinations: found passim in Articles 888

– 903. (333 – 335)

K. Preterition (Art. 854) – Caution in drawing up will.

1. What is preterition?
2. Who can be preterited?
3. Effect of preterition.

F. Disinheritance (Arts. 915 – 923).

G. Unworthiness (Arts. 1032 – 1040).

H. Representation – (Arts. 970 – 977).

I. The Successional Bar – (Art. 992).

J. Special Rule:

1. The Reserva Troncal – (Art. 891).

a. Purpose – pp. 329 – 330

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b. Requisites – Chua v. CFI, p. 330

c. Process

d. Parties

1. Two Basic Rules

2. Sibling as mediate source

3. Should Origin and Reservista belong to

different lines?

4. Must reservatario be related to Origin?

e. Juridical Nature

f. Property Reserved

1. Not part of the reservista’s estate

g. Rights and Obligations – 378

h. Extinguishment - 379

IV. TESTAMENTARY SUCCESSION (783 – 885; 915 – 923; 924 – 959)

A. Statutory definition: Art. 779.

B. Testamentary succession subsidiary to compulsory

succession.

1. Will operates only to the extent that legitimes are not

impaired.

2. Wills can dispose only of free portion.

C. Wills – defined in Art. 783.

1. Two kinds of wills.

a. Attested
b. Holographic
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2. Common requirements:

a. As to testamentary capacity – Arts. 796 – 803.

b. As to form – Art. 804.

1) In writing

2) In a language known to the testator.

3. Special requirements for attested wills – Arts. 805 –

806; 820 – 824.

a. Signed by testator or his agent in his

presence and by his express direction at the
end thereof in witnesses’ presence.

b. Attested and signed by at least 3 credible

witnesses in testator’s presence and of one
another.

c. Testator must sign each and every page

except the last on left margin and in
witnesses’ presence.

d. Witnesses must sign each and every page on

left margin, in testator’s presence and of one
another.

e. All pages numbered in letters on upper part.

f. Attestation clause.

f.1 Stating number of pages of will.

f.2 Stating fact that testator or agent

signed as required by law in witnesses’
presence.

f.3 Stating that witnesses witnessed and

signed as required by law in testator’s
and one another’s presence.

g. Notarization.
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h. If testator is deaf or a deaf-mute – Art. 807.

i. If testator is blind – Art. 808.

j. Witnesses – Arts. 820 – 824.

4. Special requirements for holographic wills – Arts.

810 – 814.

a. Entirely written, dated and signed by testator.

5. Purpose of requirements – to close the door to bad

faith and fraud, to avoid substitution of wills, and to
guarantee their truth and authenticity.

6. Codicils and Incorporation – Arts. 825 – 827.

D. Two modes of testamentary succession.

1. Institution of heir – Arts. 840 – 856.

2. Legacies and devises – Arts. 924 – 959.

3. Distinction between heirs, legatees and devisees –

Art. 782.

4. Rules common to both.

a. Capacity to succeed – Arts. 1024 – 1040.

a.1 Incapacity and Unworthiness – Arts.

823, 1027, 1028, 1032.

b. Subsidiary Institution (substitutions) – Arts.

857 – 870.

c. Conditions, terms, and modes – Arts. 871 –

885.

d. Accretion – Arts 1015 – 1023.

E. Revocability of Wills – Ways of Revoking: Arts. 828

– 834.
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F. Republication and Revival – Arts. 835 – 837.

G. Executors and Administrators – Arts. 1058 – 1060.

H. Formal and Intrinsic Validity.

1. Probate – Arts. 838 – 839.

1.a. Special rule for probate of holographic

will – Art. 811

2. Formal Validity – Arts. 795, 815 – 819, 820 –

824.

a. As to the will itself.

b. As to testamentary capacity.

c. As to capacity of witnesses.

3. Instrinsic validity – the efficacy of the

dispositions themselves.

a. For Filipino citizens – Art. 2263.

b. For aliens – Arts. 16, par. 2 & 1039.

V. INTESTATE SUCCESSION (960 – 1014)

A. Definition: That which takes place by operation of law in

default of a valid will.

1. Specific instances – Art. 960.

B. Basic principle: Same as compulsory succession –

exclusion and concurrence.

C. Four Basic Rules of Intestate Succession:

1. Intestate heir must be related to deceased, either by:

a. jus familiae

b. jus sanguinis
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c. jus conjugis

d. jus imperii

2. Rule of preference of lines. (978 / 985)

3. Rule of proximity of degree, subject to right of

representation (962).

4. Rule of equality, subject to 5 exceptions; (962)

a. Preference of lines.

b. Limitation as to kind of heir in descending

line.

c. Rule of division by line in ascending line – Art.

987.

d. Full-and half-blood relationship in collateral

line – Arts. 1006 & 1008.

e. Representation.

D. Intestate Heirs.

1. Legitimate children and/or descendants.

2. Illegitimate children and/or descendants.

3. Legitimate parents and/or ascendants.

4. Illegitimate parents.

5. Surviving spouse.

6. Brothers, sisters, nephews and nieces. (Bacayo v.

Borromeo, 145 SCRA 986) [Exclude uncles / aunts]
[1009]

7. Other collaterals – up to the 5th degree.

8. State.
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D.a. Rules on Computation of Degrees of Relationship –

Arts. 963 – 969.

E. Various combinations: Found passim in Arts. 978 – 1014.

[443-446]

Various combinations are possible because of

simultaneous operation of rules of exclusion and
concurrence.

E.a. Succession to estate of adopted – Sec. 18, R.A.

8552.

F. Intestate Succession in Relation to Compulsory

Succession.

1. Note that with the exception of Par. D, nos. 6, 7 and

8, intestate heirs are also compulsory heirs. Ergo,
there will be overlapping of compulsory and
intestate succession.

2. Compulsory succession is supreme. The rules of

intestate succession can operate only to the extent
that the legitimes are not impaired.

3. General Rule: Observe the portions given by the

rules on intestacy. There will be no conflict with
legitimes.

Exception: Concurrence in intestacy of legitimate

and illegitimate descend-ants:

a. Get legitimes first.

b. Distribute excess in pro-portion of 2:1 [Note: if

under the Civil Code – 10:5:4]

G. Intestate Succession in Relation to Testamentary

Succession:

1. If will disposes of part of the free portion: The

problem of Partial Intestacy
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a. Rule: Trace where the intestate portion went

in case of total intestacy and let recipient
thereof suffer the reduction.

b. Apply in Articles 991, 994, 997, 998, 1000 and

1001.

H. Special Rules.

1. The Successional Bar – Art. 992.

2. Accretion – Arts. 1015 –1023.

3. Capacity and Unworthiness – Arts. 1024 – 1025; 1032

– 1040.

4. Representation – Arts. 970 – 977.

VI. ACCEPTANCE AND REPUDIATION – Articles 1041 – 1057

VII. PARTITION AND DISTRIBUTION OF ESTATE: SUBSTANTIVE

ASPECTS

A. If compulsory succession takes place-

1. Net hereditary estate must be determined. Purpose:

To be able to compute legitimes.

2. Method of determination (collation) (Art. 908).

a. Determine value of property left at the death of

the testator.

b. Deduct all debts and obligations.

c. Add the value of all donations inter vivos.

3. Donations are included in legitime but testamentary

dispositions are excluded – Arts. 909 – 910, 1061 –
1062, 1063.

4. If legitimes impaired – first reduce testamentary

dispositions pro rata (907, 911, but cf. 950), 912 –
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914, then reduce donations in inverse order of dates

(911, 773).

A.1 Collation – Three Concepts: Arts. 1061 – 1077.

B. If testamentary succession takes place -

1. Will must be probated.

2. Two kinds of probate:

a. Ante Mortem
b. Post Mortem

3. Probate determinative only of formal validity.

C. Actual Partition (Arts. 1078 – 1105).

1. Before partition – co-ownership among heirs.

2. Partition – Separation, division and assignment of a

thing held in common among those to whom it may
belong (Art. 1079).

3. Kinds of Partition:

a. Extra-judicial
b. Judicial