Basic Rules On Succession

SUCCESSION
What is Succession?
A: 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 inheritance includes all

 the property,
 rights and
 obligations of a person
which are not extinguished by his death.
Succession may be:

(1) Testamentary;
(2) Legal or intestate; or
(3) Mixed. (n)
What is Testamentary Succession?

A: The designation of an heir through a Will (made in the format prescribed
by law)
What is Intestate Succession?

A: When a person dies without a will, the distribution of his estate is done in
accordance with the rules provided under our laws.
What is Mixed Succession?

A: Partly by Will, partly by operation on law.
Can a person give everything he owns to whomever he chooses?

A: No. Because there is what we call a Legitime.
What is a Legitime?
A: Legitime is that part of the testator's property which he cannot dispose of
because the law has reserved it for certain heirs who are, therefore, called
compulsory heirs.
Who are considered compulsory heirs?
A: 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 or widower;
(4) Acknowledged natural children, and natural children by legal fiction
By legal fiction:
 children conceived or born of marriages that are void from the beginning

 conceived after the annulment of voidable marriages
Note: They are entitled to support and proportionate inheritance, among

others
(5) Other illegitimate children referred to in Article 287.
Compulsory heirs mentioned in Nos. 3, 4, and 5 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)
What are the respective legitimes of the compulsory heirs?

A:
1. Legitimate children and descendants – ½ of the hereditary estate of
the father and of the mother, who may freely dispose of the remaining
half, subject to the rights of illegitimate children and of the surviving
spouse as hereinafter provided.
2. Legitimate parents or ascendants – ½ of the hereditary estates of

their children and descendants, who may freely dispose of the other
half, subject to the rights of illegitimate children and of the surviving
spouse as hereinafter provided.
3. The surviving spouse is entitled to 1/4 of the hereditary estate if

there is only one legitimate child. With two or more legitimate
children, he or she is entitled to a portion equal to the legitime of a
legitimate child. The legitime of the surviving spouse is taken from the
free portion of the estate.
4. The legitime of illegitimate children is taken from the free portion of

the hereditary estate, provided that this does not exceed the free
portion. The Family Code of the Philippines provides that the
legitime of each illegitimate child is 1/2 that of a legitimate child.
How do you determine the legitime?
A: The value of the property left at time of death deducting all debts and
charges, which shall not include those imposed in the will, then add the
value of all donations by the testator that are subject to collation, at the time
he made them.
How do you consider donations made during the lifetime of the

decedent?
A:
 Donations given to children shall be charged to their legitime.
 Donations made to strangers shall be charged to that part of the
estate of which the testator could have disposed by his last will.
Note: If they exceed the disposable portion, they shall be reduced

according to the rules established by this Code.
We will focus on INTESTATE SUCCESSION.

What is Intestate Succession?
A: Legal or intestate succession takes place:
(1) If a person dies without a will, or with a void will, or one which has
subsequently lost its validity;
(2) When the will does not institute an heir to, or dispose of all the
property belonging to the testator. In such case, legal succession
shall take place only with respect to the property of which the testator
has not disposed;
(3) If the suspensive condition attached to the institution of heir does not
happen or is not fulfilled, or if the heir dies before the testator, or
repudiates the inheritance, there being no substitution, and no right
of accretion takes place;
(4) When the heir instituted is incapable of succeeding, except in cases

provided in this Code.
Who are entitled to inherit?

A:
1. legitimate and illegitimate relatives of the deceased,
2. the surviving spouse, and
3. the State.
Note: In every inheritance, the relative nearest in degree excludes the

more distant ones, saving the right of representation when it
properly takes place.
What is the Order of Intestate Succession?

A:
1. Descending Direct Line –
 legitimate children,
 adopted children,
 illegitimate children
2. Ascending Direct Line

 parents
 ascendants, to the exclusion of collateral relatives.
Who are considered illegitimate children?
A: Born to parents who are not married at the time of his birth (even if
married later). Also called “bastards” or “natural child”
Illegitimate children are generally classified into two groups:
1. Natural, whether actual or by fiction, were those born outside of lawful

wedlock of parents who, at that time of conception of the child were
not qualified by the impediment to many each other.
2. Spurious, whether incestuous, adulterous or illicit.
Note: illegitimate child’s right to support shall only arise if he was

recognized by his father as his illegitimate child.
Ways of proving illegitimate filiation:

1) record of birth appearing in the civil register (Affidavit of Acknowledgment/
Admission of Paternity found at the back of his birth certificate ) or a final judgment
(petition for compulsory recognition and support); and
2) an admission of illegitimate filiation in a public document or a private
handwritten instrument and signed by the parent concerned.
In the absence of the foregoing evidence, illegitimate filiation shall be

proved by:
1) open and continuous possession of the status of a legitimate child; or
2) any other means allowed by the Rules of Court and special laws (Article
172, Family Code of the Philippines).
Rights of Illegitimate Children:
1. Right to Support;
2. A recognized illegitimate child shall also have the right to use the
surname of his father (Section 1, RA 9255),
3. Right to inherit through succession
In succession, illegitimate children has the following rights:
1. In the absence of legitimate descendants or ascendants, the

illegitimate children shall succeed to the entire estate of the
deceased;
2. If legitimate ascendants are left:
 ½ illegitimate children
 ½ ascendants
3. An illegitimate child cannot inherit through intestate succession from

the legitimate children, and relatives of his father or mother; nor shall
such children or relatives inherit in the same manner from the
illegitimate child. (943a)
4. If an illegitimate child should die without heir, his father or mother

shall succeed to his entire estate; or both.
5. In default of the father or mother, an illegitimate child shall be

succeeded by his or her surviving spouse who shall be entitled to the
entire estate.
6. If the widow or widower should survive with brothers and sisters,

nephews and nieces, she or he shall inherit one-half of the estate,
and the latter the other half. (945a)

What if a person dies without leaving any heir or relatives?
A: The State shall inherit the whole estate.
What if an heir appears and claims after the State has taken over the
property?
A: If a claim thereto is filed with the court within five years from the date the
property was delivered to the State, such person shall be entitled to the
possession of the same, or if sold the municipality or city shall be
accountable to him for such part of the proceeds as may not have been
lawfully spent.

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SUCCESSION

A: Succession is a mode of acquisition by virtue of which the property,

The inheritance includes all

Succession may be:

What is Testamentary Succession?

What is Intestate Succession?

What is Mixed Succession?

Can a person give everything he owns to whomever he chooses?

Who are considered compulsory heirs?

A: The following are compulsory heirs:

(2) In default of the foregoing, legitimate parents and ascendants, with

(3) The widow or widower;

(4) Acknowledged natural children, and natural children by legal fiction

 children conceived or born of marriages that are void from the beginning

Note: They are entitled to support and proportionate inheritance, among

(5) Other illegitimate children referred to in Article 287.

Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by those

In all cases of illegitimate children, their filiation must be duly proved.

The father or mother of illegitimate children of the three classes mentioned,

What are the respective legitimes of the compulsory heirs?

2. Legitimate parents or ascendants – ½ of the hereditary estates of

3. The surviving spouse is entitled to 1/4 of the hereditary estate if

4. The legitime of illegitimate children is taken from the free portion of

How do you determine the legitime?

How do you consider donations made during the lifetime of the

Note: If they exceed the disposable portion, they shall be reduced

We will focus on INTESTATE SUCCESSION.

(4) When the heir instituted is incapable of succeeding, except in cases

Who are entitled to inherit?

Note: In every inheritance, the relative nearest in degree excludes the

What is the Order of Intestate Succession?

2. Ascending Direct Line

Illegitimate children are generally classified into two groups:

1. Natural, whether actual or by fiction, were those born outside of lawful

2. Spurious, whether incestuous, adulterous or illicit.

Note: illegitimate child’s right to support shall only arise if he was

Ways of proving illegitimate filiation:

In the absence of the foregoing evidence, illegitimate filiation shall be

Rights of Illegitimate Children:

1. In the absence of legitimate descendants or ascendants, the

2. If legitimate ascendants are left:

3. An illegitimate child cannot inherit through intestate succession from

4. If an illegitimate child should die without heir, his father or mother

5. In default of the father or mother, an illegitimate child shall be

6. If the widow or widower should survive with brothers and sisters,

What if a person dies without leaving any heir or relatives?

A: The State shall inherit the whole estate.

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