Recall: Mode of Acquiring Ownership, (Art.

712, NCC)

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
testate and intestate succession, and in consequence of certain contracts, by tradition.

They may also be acquired by means of prescription.

Modes of Acquiring Ownership

a. Occupation
b. Intellectual creation
c. Law
d. Donation
e. Testate and intestate succession
f. Tradition in consequence of certain contracts
g. Prescription.

Succession, defined (Article, 744, NCC) – Donation Mortis Causa

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 the person are transmitted through his death to another or
others either by will or by operation of law. This is otherwise called as “hereditary succession”

Elements of Succession

1. It is a way of acquiring ownership

2. There is transmission of property, rights, and obligations to another or others
3. AS to transmission of obligations, it is only to the extent of the value of the inheritance
4. The cause of transmission is the death of the decedent
5. The procedure of transmission may be by will or by operation of law
6. The acceptance of the inheritance by the heir which is understood even if not expressly stated in
the Article

Donation Inter vivos vs. Donation Mortis causa

Donation Inter vivos (Art. 729 – 731, NCC)

- Donation which shall take effect during the lifetime of the donor upon concurrence of the
requirements of donation, though the property shall not be delivered until after the donor’s
death

General Rule: Irrevocable

Exceptions

1. Subsequent birth of the donor’s children (Art. 760, NCC)

2. Donor’s failure to comply with imposed conditions (Art. 764, NCC)
3. Donee’s ingratitude (Art. 765, NCC)
4. Reduction of donation by reason of inofficiousness (Art. 752, NCC)

Donation Mortis Causa (Art. 728, NCC)

- It only becomes effective upon the death of the donor, as the donor’s death ahead of the done
works as a suspensive condition for the existence of the donation.

Characteristics

a. The transferor retains ownership and control o the property while alive
 b. The transfer is revocable at will before his death; and
c. The transfer will be VOID if the transferor should survive the transferee.

Donation Propter Nuptias / Donation of Future Properties between Spouses (Art. 82, FC)

- Special type of donation made by reason of marriage

Requisites

a. Must be made before the celebration of marriage

b. Made in consideration of marriage
c. Made in favor of one or both future spouses

Causes for revocation of donation propter nuptias (Art. 86, FC)

1. If the marriage is not celebrated or judicially declared void ab initio, except donations made in
the marriage settlements, which shall be governed by Art. 81, FC
2. When the marriage takes place without the consent of the parents or guardian, as required by
law
3. When the marriage is annulled, and the done acted in bad faith,
4. Upon legal separation, the one being the guilty spouse
5. If it is with a resolutory condition and the condition is complied with; or
6. When the done has committed an act of ingratitude as specified by the provisions of the CC on
donations in general.

Causal Element of Succession (Art. 777, NCC)

“The rights to the succession are transmitted from the moment of the death of the decedent

Conditions for the Transmission of Successional Rights / Requisites for succession mortis causa)

1. That indeed there has been a death (either actual or presumed)

2. That the rights or properties are indeed transmissible and descendible
3. That the transferee is still alive (no predeceases), willing (no repudiation), is capacitated to
inherit.

Two Concepts

1. Actual Death
2. Presumptive Death
a. Ordinary Presumption by virtue of Ordinary absence – Art. 390, NCC
- An absentee (who disappears under normal conditions, there being no danger or idea of death)
shall be presumed dead for the purpose of opening his succession – at the end of ten (10)
years (at the end of five (5) years in case he disappeared after the age of 75)

b. Extraordinary presumption by virtue of extraordinary or qualified absence

- Under Art. 391, NCC, qualified absence occurs (qualified or extraordinary because of great
probability of death). The law says that the following shall be presumed dead for all purposes
including the division of the estate among the heirs.

1. A person on board a vessel lost during a sea voyage, or an aero plane which is
missing, who has not been heard of for four (4) years since the loss of the vessel
or aero plane;
2. A person in the armed forces who has taken part in war, and has been missing
for four (4) y ears
 3. A person who has been in danger of death under other circumstances and his
existence has not been known for four (4) years

Note of the following:

1. In extraordinary absence, it has been held that the person is presumed to have died at the time
of the disappearance, that is, at the time the calamity took place, and not at the end of four (4)
years. The presumption will arise that the death had occurred four (4) years before

2. Both in ordinary and extraordinary absences, the succession is only of PROVISIONAL of character
because there is always the chance that the absentee may still be alive. Moreover, the
presumptions regarding the time of death are rebuttable, that is proof may be presented as to
when death actually occurred.

3. In case the absentee appears, or without appearing his existence is proved, he shall recover his
property in the condition which it may be found, and the price of the property that may have
been alienated or the property acquired therewith; but he cannot claim the fruits or rent.

Subjective Element of Succession (Art. 775, Art. 782, NCC)

Decedent, defined (Art. 775, NCC)

- In this title, “decedent” is the general term applied to the person whose property is transmitted
through succession, whether 2ehe left a will. If he left a will, he is also called a testator

Successors, defined (Art. 782, NCC)

- 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.

Heirs – those who are called to the whole or an aliquot portion of the inheritance either by will or by
operation of law

Kinds of Heirs:

1. Compulsory heirs – those heirs are for whom the law has reserved that part of the testator’s estate
known as the legitime. As such, testators cannot disregard them.

Enumeration by Art, 887, NCC (If the testator is a legitimate person)

1. Legitimate children and descendants
2. In default of the foregoing, legitimate parents, and ascendants
3. The widow or widower
4. Acknowledged natural children and natural children by legal fiction
5. Acknowledged illegitimate children who are not natural.

If the testator is an illegitimate person

1. Legitimate children and descendants

2. Acknowledged natural children and natural children by legal fiction
3. Acknowledged illegitimate children who are not natural
4. In default of the foregoing, parents by nature; and
5. The widow or widower.
Kinds of Compulsory Heirs

a. Primary – Those who are always entitled to their legitime as provided by law regardless of the
class of compulsory heirs with which they may concur. It includes all kinds of compulsory heirs
EXCEPT of parents or ascendants

b. Secondary - are those who may be excluded by other compulsory heirs. It only includes parents
or ascendants.

2. Voluntary of Testamentary Heirs – An heir called to succeed to the whole or an aliquot part of the
disposable free portion of the hereditary estate by virtue of the will of the testator.

3. Legal or Intestate Heirs – An heir called to succeed by operation of law when legal or intestate
succession takes place. An intestate heir can only inherit either by his own right, as in the order of
intestate succession provided for in Arts. 978 to 1014 of the Civil Code, or by right of representation
as provided in Arts. 981 of the same law.

a. Those who inherit by their own right

b. Those who inherit by the right of representation

Devisees and Legatees

- Persons to whom gifts of real and personal property are respectively given by virtue of a will.
o Devises and legacies are possible only in TESTAMENTARY SUCCESSION.
o Devisees and legatees more accurately as persons to whom gifts of individual items of
real and personal property, chargeable, as a rule, against the disposable portion of the
testator’s hereditary estate, are respectively given by virtue of a will.

As distinguished from heirs

1. Devisees or legatees are always called to succeed to individual items of property, while heirs are
always called to succeed to an indeterminate or aliquot portion of the decedent’s hereditary
estate.

2. Devisees or legatees are always called to succeed by means of a will, while heirs are called to
succeed either by means of a will, or by operation of law.

Objective Elements of Succession (Art. 781, 1311, NCC)

Article 781, NCC

- 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 succession.

Article 1311, NCC

- Contracts take effect 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.
 - If a contract should contain some stipulation in favor of a third person, he may demand its
fulfillment provided he communicated his acceptance to the obligor before its revocation. A
mere incidental benefit or interest of a person is not sufficient. The contracting parties must
have clearly and deliberately conferred a favor upon a third person.

Extent of Inheritance

1. All of his property which are existing at the time of his (decedent’s) death
2. All of his transmissible rights and obligations which are existing at the time of his death
3. All the property and rights which may have accrued to the hereditary estate since the opening
of the succession.

All of his property which are existing

at the time of his (decedent’s) death

- Refers to those properties which are available for distribution among the persons called to the
inheritance after settlement of liquidation

With reference to mortal remains

- American law deems it cannot be considered as a part of the inheritance

- It must be noted, however, that under RA 349, as amended, a person may validly grant to a
licensed physician, surgeon, known scientist, or any medical or scientific institution, authority
to detach at any time after the grantor’s death, any organ of his body, and to utilize the same
for medical, surgical, or scientific purposes.
o Requisites
 It must be in writing
 Specify the person to whom or the institution to which the grant is given
 Specify the organ to be detached
 Specify the use or uses of the organ to be employed.
 Signed by the grantor and two distinerested witnsses

Transmissible Rights, Properties, and Obligations

The inheritance of a person includes all of his transmissible rights and obligations to which the persons
called to such inheritance succeed after the settlement of liquidation of his estate.

Rules in Transmission of rights and obligations by way of succession

1. Rights relative to persons and family or purely personal rights, are by their very nature,
intransmissible in character and cannot be included in the inheritance

2. Rights relative to property or patrimonial rights are generally transmissible in character EXCEPT
those which are expressly made intransmissible by operation of law such as personal and legal
usufructs and personal easements.

3. Rights arising from obligations or rights of obligations, whether contractual or otherwise, are
generally transmissible in character EXCEPT those arising from contracts which by their very
nature are intransmissible, those which are expressly made intransmissible by agreement of the
parties, and those which are expressly made intransmissible by operation of law.

Monetary obligations
 - Monetary obligations or claims for money must be filed within the time limited by the Rules of
Court against the estate of the decedent; Otherwise, they are barred forever.
- It is only these claims which must be liquidated in the testate or intestate proceedings.
- Monetary obligations of the decedent can only be charged against his estate and not against
his heirs
- Only includes monetary obligations contracted by the decedent himself during his lifetime and
not those contracted by his heirs.
- A creditor of one of the heirs has no standing or legal personality to intervene in the testate or
intestate proceedings for the settlement of the estate of the decedent by filing amotion praying
that the participation of such heir in the inheritance should be sold in order to pay for the
obligation.

Intransmissible rights, defined

- They are rights extinguished upon the death of the decedent. The heirs could not succeed to
intransmissible rights.

Examples

1. The right to receive support

2. The obligation to give support
3. The right of usufruct
4. Criminal liability
5. Political position
6. The right of parental authority; and
7. Marital rights

Requisites for an effective transmission by succession through succession mortis causa

1. Death, whether actual or presumptive (Succession takes place at the time of disappearance,
however, actual division takes place at the end of the required period)
2. The express will of the testator calling certain persons to succeed him or in default thereof, the
provision of law prescribing the successor. ‘
3. Rights or properties are transmissible
4. Transferee must be alive (not predeceased), willing (no repudiation) and capacitated (no
disinheritance to inherit.

When is the moment of transmission of rights?

Rights to the succession are transmitted from the very moment of the death of the decedent. It is
understood of course that there is acceptance of the inheritance.

The time of death is the determining point when the heirs acquire a definite right to the inheritance
whether such right be pure or conditional.

Future Inheritance

During the lifetime of the decedent, the right of the heirs is a mere expectancy. Until the death
had supervened, the right to succession is merely speculative for in the meantime, the law may change,
the will of the testator may vary, or the circumstances may be modified to such an extent that he who
expects to receive property may be deprived of it.

Article 1347, NCC.

 All things which are not outside the commerce of men, including future things, may be the object
of a contract. All rights which are not intransmissible may also be the object of contracts.

No contract may be entered into upon future inheritance except in cases expressly authorized by
law.

All services which are not contrary to law, morals, good customs, public order, or public policy may
likewise be the object of a contract.

Article 1347, par. 2 applies when the following requisites concur:

1. Succession has not yet been opened

2. The object of the contract forms part of the inheritance; and
3. The promisor has with respect to the object, an expectancy of a right which is purely
hereditary in nature.

Exception:

Contractual succession – that which is effected when the future spouses donate to each other in their
marriage settlement their future property to take effect upon the death of the donor to the extent laid
down by the provisions of the Civil Code relating to testamentary succession. It should be executed by
formalities of a will.

Future Properties

Examples: Alluvial deposits, Interests on credits

These are accretions and accessions. However, they are not strictly inherited for they form part of the
estate only after the heirs become the owners thereof, hence, properly speaking, they are acquired by
accretion as an incident of ownership under the law, and not by succession.

For recitation

1. Alvarez vs IAC, GR No. L-68053, May 7, 1990