PROFESSOR:

SUCCESSION : LECTURE 1 ROMERO P. PACILAN

MSU COLLEGE OF LAW

Iligan Campus
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 a ■
person are transmitted through his death to another or others either by
his will or by operation of law.
The rights to the succession are transmitted from the moment of the
death of the decedent. (Art. 777, NCC)

• The moment of death is the determining point when an heir acquires a

definite right to the inheritance. [Edades v. Edades, 99 Phil. 675 (1956)]

• The inheritance vests immediately upon the decedent’s death without

a moment’s interruption.
Ownership over the inheritance passes to the heirs at the precise moment
of death—not at the time the heirs are declared, nor at the time of the
partition, nor at the distribution of the properties. There is no interruption
between the end of the decedent’s ownership and the start of the heir/
legatee/devisee’s ownership.[Hacbang v. Alo, 772 SCRA 36 (2015)]
At that precise time, the heir is already legally deemed to have acquired
ownership of his/her share in the inheritance, and not at the time of
declaration of heirs, or partition, or distribution. Thus, there is no legal bar
to an heir disposing of his/her hereditary share immediately after
such death. [Salitico v. Heirs of Felix, G.R. No. 240199, April 10,2019]
The capacity of the heir is determined as of the time the decedent died
(Art. 1034)
Prior to the death of the decedent, the right of the heirs to his properties is
but a mere expectancy, or merely inchoate. [J.L.T. Agro, Inc. v. Balansag,
453 SCRA 211]
A contract may be classified as a contract upon future inheritance,
prohibited under the second paragraph of Article 1347, where the following
requisites concur: (i) that the succession has not yet been opened; (ii) that
the object of the contract forms part of the inheritance; and (iii) that the
promisor has, with respect to the object, an expectancy of a right which is
purely hereditary in nature. Ferer v. Diaz, 619 SCRA 226 (2010)
NOTE:

For purposes of opening one’s succession, the death may either be natural (physical)
demise or presumptive death.

In case of presumptive death for purposes of opening the succession under the Civil
Code (Art. 390-391), a judicial declaration is not required and courts are without
authority to issue the same. [Tadeo-Matias v. Republic, 862 SCRA 788 (2018)]

For purposes of opening one’s succession, death may be presumed in the following
situations:

Ordinary Absence - If a person has been absent, it being unknown whether or not he
still lives, he shall be presumed dead after an absence of 10 years. If he disappeared
after the age of 75 years, an absence of five years shall be sufficient. Death is presumed
to have taken place on the last day of the period of absence required by law
Qualified Absence
A person is presumed dead for all purposes, including the division of the
estate among the heirs under the following situations: (i) a person onboard
a vessel lost during a sea voyage, or an airplane which is missing, who has
not been heard of for four years since the loss of the vessel or airplane; (ii)
a person in the armed forces who has taken part in war, and has been
missing for four years; and (iii) a person who has been in danger of death
under other circumstances and his existence has not been known for four
years.
NOTE:

• The inheritance includes all the property, rights, and obligations of a

person which are not extinguished by his death.

• Succession is the mode of transmitting the inheritance by reason of

death; while inheritance is what is transmitted upon death.

• Only those still existing and owned by the decedent shall be included in
the inheritance.
Transmissible/Non-transmissible Rights and obligations:

(i) purely personal rights are not transmissible to the heirs, hence, not part of the
inheritance;
ii) patrimonial rights are generally included, except as otherwise provided by law or by
the will of the testator, such as usufruct and personal servitudes; and
(iii) rights and obligations arising from contracts are generally transmissible to the heirs
unless they are not transmissible by reason of their nature, by express agreement of the
parties, or by express provision of law.
Decedent/Testator: The person whose property is transmitted through
succession is called “decedent.” whether or not he left a will. If he left a will,
he is also called the “testator.”
Successors: The successors of the decedent in succession are called heirs,
devisees, or legatees.
HEIRS-- those who are called upon to succeed by universal title on the whole
estate or to an aliquot portion thereof, either by will or by operation of law
voluntary heirs -- those called upon to succeed only by express will of the
testator to the portion of the estate which the testator can freely dispose of
compulsory heirs -- those called upon to succeed by operation of law to a
portion of the estate known as the “legitime,” of which they cannot be
deprived by the testator except by way of a valid disinheritance
legal or intestate heirs-- those called upon to succeed by operation of law in
case the decedent dies without a valid will, or to some portion of the estate not
disposed of by will.
Devisees and legatees: A devisee is a person to whom a gift of particular real
property is given by virtue of a will.22 On the other hand, a “legatee” is a
person to whom a gift of particular personal property is given by virtue of a will
voluntary heir vs. devisee/legatee:
1. a voluntary heir succeeds to the whole estate or to an aliquot portion thereof; while a
devisee/legatee (D/L) is given individualized items of property;

2. at the precise moment of death, VH become absolute owners of their undivided aliquot
share; but with respect to the individual properties of the estate, they become co-owners
and do not know which properties will be adjudicated to them yet until partition and
distribution; while D/L bequeathed specific properties do not require court adjudication
to identify which particular properties become theirs and title over these particular
properties vests on the legatee or devisee from the very moment of the testator’s death;
and

3. in case of preterition of a compulsory heir in the direct line, the institution of VH shall be
annulled in its entirety, but the devises and legacies shall remain valid insofar as the
legitimes are not impaired.
Kinds of Succession:
1. Testamentary succession - that which results from the designation of an heir, made in a
will executed in the form prescribed by law;
2. Legal or intestate succession - that which takes place if a person dies without a will, or
with a void will, or one which has subsequently lost its validity;
3. Mixed succession - that effected partly by will and partly by operation of law. (1) if the
testator did not dispose of the entire estate, that part which is not disposed of in the will
shall be distributed following the rules of intestate succession; (2) in case there is
preterition where the institution of heirs is annulled in its entirety but there are devises
and legacies, the portion of the estate that would have been given to the instituted heirs
shall be distributed instead in accordance with the rules of intestate succession; and (3) in
case a portion of the estate becomes vacant and substitution, accretion, or
representation cannot take place;
4. Compulsory succession - that which takes place compulsorily by operation of law with
respect to the legitime in favor of compulsory heirs.
Laws Governing Succession: (a) National law of decedent: Article 16,
par. 2 and Article 1039 of the Civil Code render applicable the national
law of the decedent, in intestate or testamentary successions, with
regard to the following aspects:

(1) the order of succession;

(2) the amount of successional rights;
(3) the intrinsic validity of the provisions of the will; and
(4) the capacity to succeed

[Bellis v. Bellis, 126 Phil. 726 (1967)]

NOTE:

• Forms and solemnities of wills: (1) General rule: The forms and solemnities of wills shall be
governed by the laws of the country in which they are executed. [Art. 17, par. 1, NCC]

• When a Filipino is in a foreign country, he is authorized to make a will in any of the forms
establ ished by the law of the country in which he may be. Such will may be probated in
the Philippines. [Art. 815, NCC]

• Joint wills executed by Filipinos in a foreign country shall not be valid in the Philippines,
even though authorized by the laws of the country where they may have been executed.
[Art. 819, in relation to Art. 818, NCC]

• It is the law in force at the time of the execution of the will that determines whether or
not the testator has the requisite testamentary capacity. If he has the requisite
testamentary capacity at that time, any supervening incapacity brought about by
changes in the law does not invalidate an effective will. Art. 795, NCC
A will is an act whereby a person is permitted, with the formalities prescribed
by law, to control to a certain degree the disposition of this estate, to take
effect after his death. Art. 783, NCC
A will is also defined as "a personal, solemn, revocable andfree act by which a
capacitated person disposes of his property and rights and declares or complies
with duties to take effect after his death. (Vitug v. CA, 183 SCRA 755, 758)
If the will disposes of the estate, the conduct of probate becomes mandatory
because Article 838 of the Civil Code provides that "no will shall pass either real
or personal property unless it is proved and allowed in accordance with the
Rules of Court.
Seangio v. Reyes, 508 SCRA 177 (2006).

an instrument which only provides for the disinheritance of a

compulsory heir should be probated because the disinheritance is an
act of disposition in itself since it results in the disposition of the
testator’s property in favor of those who would succeed in the
absence of the disinherited heir.
Characteristics of Wills:

1. It is an act mortis causa - meaning, it takes effect only upon the death of the testator;
2. it is essentially revocable - a will is essentially ambulatory; and at any time prior to the
testator’s death, it may be changed or revoked because it is not yet effective during the
testator’s lifetime;
3. it is an individual act - because Philippine laws do not allow Filipino citizens to make a
joint will regardless of the place of its execution;
4. it is a unilateral act - because a will takes effect upon the death of the testator even if the
testamentary dispositions become inoperative by reason of the renunciation of the heirs,
devisees, or legatees designated therein;
5. it is a free act; otherwise, the will is void;
6. it is a free or solemn act - because Philippine laws provide for certain formalities that
must be followed in the execution of wills; the right is purely statutory - the right to
dispose of property by will is not natural but statutory; and
7. it is strictly a personal act - it cannot be left in whole or in part to the discretion of a third
person, or accomplished through the instrumentality of an agent or attorney,51 referring
to the decisions or wishes contained therein.
NOTES ON TESTACY:

• The intent or the will of the testator is the supreme law in succession--
testate succession has always been preferred over intestacy.
• the discovery and probate of the decedent's will shall revoke the letters of
administration and the intestate proceedings shall be suspended.
• an interpretation that will render a testamentary disposition operative takes
precedence over a construction that will nullify a provision of the will
• Properties acquired during the interval between the execution of the will
and the death of the testator are not, as a rule, included among the
properties disposed of,” unless it should expressly appear in the will itself
that such was the intention of the testator, such as when the will covers or
speaks of the “whole estate” or the “entire inheritance.
Who can make a will?
As a rule, all natural persons are qualified to make a will unless:

1. he is expressly prohibited by law;

2. he is below 18 years of age at the time of its execution; or
3. he is of unsound mind at the time of its execution.

NOTE:

• The test of testamentary capacity is at the time of the making of the will.
• Supervening incapacity does not invalidate an effective will.
Test of soundness of mind:

The three things that the testator must have the ability to know to be considered of sound
mind are as follows: (i) the nature of the estate to be disposed of, (ii) the proper objects of
the testator’s bounty, and (iii) the character of the testamentary act.

Art. 800, NCC: There is a presumption in favor of soundness of mind, unless one month or
less before the execution of the will, the testator was publicly known to be insane.
WITNESSES TO A WILL

• A holographic will need not be witnessed. Hence, the requirement of witnesses applies
only to ordinary wills.
• An ordinary will is required to be attested and subscribed by at least three witnesses.
The following are not qualified to become a witness to an ordinary will:

(1) a person below 18 years of age;

(2) a person who is of unsound mind;
(3) a blind person;
(4) a deaf or dumb;
(5) an illiterate, or unable to read and write;
(6) those convicted of falsification of a document, perjury, or false testimony; and
(7) those not domiciled in the Philippines, if the will is executed here in the Philippines. If
the will is executed abroad, the testator is allowed to follow the formalities of the place of
execution.
If a person is made a beneficiary in the will (either as an heir, legatee, or devisee), or his
spouse, parent, or child, such person does not become disqualified to become a witness
but the heir, devisee, or legatee becomes incapacitated to inherit from the testator,
unless there are three other competent witnesses to such will.

Note:

a mere charge on the estate of the testator for the payment of debts due at the time of
the testator’s death does not prevent his creditors from being competent witnesses to
his will.
Kinds of Wills: (1) Ordinary or attested/notarial will and (2) Holographic
will:

“ordinary or attested will” (Articles 804 to 809 of the Civil Code) -- must
be acknowledged before a notary public by a testator and the attesting
witnesses. Hence, it is likewise known as a “notarial will.”

holographic will (Article 810) -- one that is entirely written, dated, and
signed by the testator himself; unlike the ordinary will, it requires no
attestation by witnesses.
Common formal requirements: Both wills are required to be:
(1) in writing, except that a holographic will is required to be written
entirely in the testator’s own handwriting; and
(2) it must be executed in a language or dialect known to the testator." If
the will is executed in a language or dialect not known to the testator,
the will is void88 and cannot be probated. There is no statutory'
requirement to state in the will itself that the testator knew the
language or dialect used in the will.
TREYES VS. LARLAR G.R. No. 232579, September 08, 2020 ]

ISSUE: whether the determination of the status of the legal heirs in a

separate special proceeding is a prerequisite to an ordinary suit for
recovery of ownership and possession of property instituted by the legal
heirs?

legal heirs of a decedent are the parties in interest to commence

ordinary civil actions arising out of their rights of succession, without the
need for a separate prior judicial declaration of their heirship, provided
only that there is no pending special proceeding for the settlement of
the decedent's estate.
TREYES VS. LARLAR G.R. No. 232579, September 08, 2020 ]
xxx
Article 777 of the Civil Code is clear and unmistakable in stating that the
rights of the succession are transmitted from the moment of the death
of the decedent even prior to any judicial determination of heirship. As a
substantive law, its breadth and coverage cannot be restricted or
diminished by a simple rule in the Rules.
To be sure, the Court stresses anew that rules of procedure must always
yield to substantive law.126 The Rules are not meant to subvert or
override substantive law. On the contrary, procedural rules are meant to
operationalize and effectuate substantive law.
TREYES VS. LARLAR G.R. No. 232579, September 08, 2020 ]

Hence, even assuming arguendo that the Rules strictly provide that a separate judicial determination
of heirship in a special proceeding is a precondition in an ordinary civil action wherein heirship is
already established by compulsory succession or intestacy and is only sought to be enforced, which,
as already discussed at length, is not the case, the Rules must still yield to the specific provisions of
the Civil Code that certain relatives of the decedent attain their status as either compulsory or
intestate heirs and that their successional rights are transmitted and enforceable at the very moment
of death without the need of such separate judicial determination.
xxx
Henceforth, the rule is: unless there is a pending special proceeding for the settlement of the
decedent's estate or for the determination of heirship, the compulsory or intestate heirs may
commence an ordinary civil action to declare the nullity of a deed or instrument, and for recovery of
property, or any other action in the enforcement of their ownership rights acquired by virtue of
succession, without the necessity of a prior and separate judicial declaration of their status as
such. The ruling of the trial court shall only be in relation to the cause of action of the ordinary civil
action, i.e., the nullification of a deed or instrument, and recovery or reconveyance of property, which
ruling is binding only between and among the parties.
 END.

DAGHANG SALAMAT.