Legal or intestate succession is a form of succession effected by operation of law in

default of a will.

Under the civil code, intestate succession takes place under four scenarios:

first: if a person dies without a will, or with a will that is either void or is
subsequently rendered void,
second: when a will does not institute an heir or when the disposition does not
apply to the entire estate in which case intestate succession will govern insofar
as that portion which has not been disposed of by will,
Third: if a suspensive condition attached to an institution does not happen or is
not fulfilled, or if the heir predeceases the testator or repudiates the inheritance,
there being no substitution and no right of accretion, and
Fourth: when the heir is incapable of succeeding

Under the civil code, the following is the general form of the order of intestate
succession.

First, the legitimate relatives

Second, the illegitimate relatives
Third, the surviving spouse
Fourth, the state.

The order of intestate succession is prescribed by law. Hence, any agreement or

partnership contract entered into by the parties cannot affect the hereditary rights which
belong to the relatives of the deceased predecessor-in-interest nor alter the order
prescribed by law for intestate succession.

Intestate succession also follows the rule on preference between the lines which
provides that those in the direct descending line shall exclude in the succession those in
the direct ascending and collateral lines, and those in the direct ascending line shall, in
turn, exclude those in the collateral line.

Additionally, under Art. 962, relatives nearest in degree exclude the more distant ones
save for the right of representation when properly applicable. This presupposes however
that the relatives in question belong to the same line. As such, the rule on proximity is
subordinate to the rule on preference between lines.

Also, under this rule, relatives of the same degree are to inherit in equal shares. There
are three exceptions however.

First when the inheritance is divided between paternal and maternal

grandparents in which case the inheritance shall be divided in such a way that
one-half shall pass to the grandparents in the paternal line, while the other
one-half shall pass to the surviving grandparent in the maternal line.

Second, when the inheritance is divided between siblings, some of whom are full
blood and other half blood in which case , those of the full blood shall be entitled
to double the share of those of the half blood.

Third, in certain cases of representation wherein the division of the estate shall
be made per stirpes, in such manner that the representatives, although of the
 same degree, shall not inherit more than what the person they represent would
inherit, if he were living or could inherit.

Proximity of relationship is determined by the number of generations with each

generation forming a degree. A series of degrees forms a line which may be direct or
collateral. Direct lines are those among ascendants and descendants while collateral
lines are those which are borne from having a common ancestor. Direct lines may either
be descending or ascending, the former unites the head of a family with those that
descendant from him while the latter binds a person with those from whom he descends.
In a line, as many degrees are counted as there are generations or persons, not
counting the progenitor.

Additionally, in terms of relationship, there are 2 types. Full blood, or those that exist
between or among persons with the same father and mother, and Half blood, or those
that exist between or among persons who have the same father but not the same
mother, or vice versa.

In terms of the repudiation, the following rules apply:

If there are several relatives of the same degree and one or some are unwilling or
incapacitated to inherit, their portion will accrue to the others of the same degree
except when representation should take place.

Should there be a repudiation by the nearest relative, those in the following

degree will inherit in their own right and not by way of representation

In intestate succession there is also the right of representation which is created by law
and by virtue of which a representative is raised to the degree of the person represented
and acquires the rights the latter would have had if they were alive or had inherited.

Representation takes effect under the following situations:

When the heir predeceases the testator
When the heir is incapacitated
When there is a disinheritance

In all of these cases, since there is a vacancy in the inheritance, the law calls the
children or descendants of the person represented to succeed by right of representation.

Note that representation in intestate succession covers all that may be inherited by that
person while in testate succession the right of representation covers only the legitime
and does not extend to voluntary heirs.

Additionally, the representative is called to succession by law and not the person
represented.The representative succeeds from the deceased and not from the person
represented. As such, the representative himself must be capable of succeeding the
decedent.
Representation takes place in only two instances,

First, in the direct descending line

Second, by way of exception, in the collateral line, insofar as the children of

brothers and sisters (nephews and nieces) are concerned regardless of blood
relations (full or half)
This means that's The right can be exercised only by nephews and nieces
of the deceased. But this presupposes that the nieces or nephews concur with at
least one sibling of the decedent. If they survive on their own, they inherit in their
own right/

As to the division of the estate, the civil code provides that when succession by
representation takes place, division of the estate shall be made per stirpes in such a way
that the representatives will not inherit more than what the person they represent would
have inherited.

Per stirpes means inheritance by group and under this all those within a group will inherit
in equal parts.

Additionally one may represent him whose inheritance he has renounced. So for
example, if a child renounces or repudiates his inheritance from his father, he may still
represent the latter when his grandfather dies. This is a reflection of art 971 which
provides that the one representing inherits not from the person represented but from the
decedent or the person from whom the person represented would have inherited if he
were living or had the capacity to succeed. As such, the capacity to inherit from the
person represented is immaterial since he is not the one from whom the one
representing inherits from. So in the given example, the child really inherits from the
grandfather and not the father thus the child’s capacity insofar as inheriting from the
father is immaterial.

But one who has repudiated a share may not be represented. This is because such
repudiation constitutes a positive act by which he turns down or precludes himself from
inheriting. By virtue of such repudiation he no longer has the right to inherit and so can
no longer transmit such right which he no longer has to his own heirs.