Definition, Concept, and Principles of Succession Flashcards
ARTICLE 774. Succession is
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.
Elements of Succession (ISDA)
(transmissible) Inheritance
(living and capacitated) Successor/s
(actual/presumed) Death of decedent
Acceptance/non-repudiation by the successor/s
ARTICLE 776. The inheritance includes
all the property, rights and obligations of a person which are not extinguished by his death.
ARTICLE 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.
ARTICLE 887. The following are compulsory heirs:
(1) Legitimate children and descendants, with respect to their legitimate parents and ascendants;
(2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants;
(3) The widow (F) or widower (M);
(4) Acknowledged natural children, and natural children by legal fiction;
(5) Other illegitimate children referred to in article 287.
Compulsory heirs mentioned in Nos. 3, 4 and 5 (widow/er, acknowledged natural children and children by legal fiction, other illegitimate children) are not excluded by those in Nos. 1 and 2; neither do they exclude one another.
In all cases of illegitimate children, their filiation must be duly proved.
The father or mother of illegitimate children of the three classes mentioned, shall inherit from them in the manner and to the extent established by this Code. (807a)
ARTICLE 1003. If there are no descendants, ascendants, illegitimate children, or a surviving spouse, the collateral relatives shall succeed to the entire estate of the deceased in accordance with the following articles.
Succession as to incapacitated persons vs. as to repudiation by nearest relatives
ARTICLE 968. If there are several relatives of the same degree, and one or some of them are unwilling or incapacitated to succeed, his portion shall accrue to the others of the same degree, save the right of representation when it should take place.
ARTICLE 969. If the inheritance should be repudiated by the nearest relative, should there be one only, or by all the nearest relatives called by law to succeed, should there be several, those of the following degree shall inherit in their own right and cannot represent the person or persons repudiating the inheritance.
ARTICLE 1034. In order to judge the capacity of the heir, devisee or legatee,
his qualification at the time of the death of the decedent shall be the criterion.
In cases falling under Nos. 2, 3, or 5 of article 1032 (incapable of succession by unworthiness), it shall be necessary to wait until final judgment is rendered, and in the case falling under No. 4, the expiration of the month allowed for the report.
If the institution, devisee or legacy should be conditional, the time of the compliance with the condition shall also be considered. (758a)
(2) Any person who has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;
(3) Any person who has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless;
(5) Any person convicted of adultery or concubinage with the spouse of the testator;
(4) Any heir of full age who, having knowledge of the violent death of the testator, should fail to report it to an officer of the law within a month, unless the authorities have already taken action; this prohibition shall not apply to cases wherein, according to law, there is no obligation to make an accusation;
ARTICLE 781. 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 the succession. (n)
ARTICLE 1347. xxx
No contract may be entered into upon future inheritance except in cases expressly authorized by law.
What is the exception?
Art. 84 (future property in marriage settlements)
Art. 84. If the future spouses agree upon a regime other than the absolute community of property, they cannot donate to each other in their marriage settlements more than one-fifth of their present property. Any excess shall be considered void.
Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills. (130a)
ARTICLE 2035. No compromise upon the following questions shall be valid: (6)
Future legitime. (1814a)
ARTICLE 777. The rights to the succession are transmitted
from the moment of the death of the decedent.
ARTICLE 533. The 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.
One who validly renounces an inheritance is deemed never to have possessed the same.
ARTICLE 390. After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be presumed dead for all purposes,
except for those of succession.
The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened.
ARTICLE 391. 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 aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war, and has been missing for four years;
(3) A person who has been in danger of death under other circumstances and his existence has not been known for four years. (n)
