SUCCESSION

St. Thomas More School of Law and Business

by:
Atty. Virginio C. Juan II, R.N.
Define succession

• it 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. (A.774)
other definitions:

• a subrogation or replacement by one

person of another
• taking position of one formerly occupied by
another
• in a juridical sense, succession is the
substitution of one person for another in a
determinable legal relationship (Manresa)
• sustitution by one person for another in the
transmissible determinable legal
relationship (Castan)
What is the basis of succession?
• Public order, family relations, respect for owner's
right to dispose property, socialization of
ownership.
• succession is but a mode of continuing and
perpetuating the right to hold private property. It
follows therefore that the basis of succession is
the necessity of perpetuating man's patrimony
beyond the limits of human existence. This
necessity is in turn based on the following: first,
the necessity of giving stability to the family and
second, the necessity of giving stability to the
social economy (Castan)
Succession is a set of rules that
determines:

1. to whom;
2. at what time;
3. in what manner; and,
4. in what proportions;

the relationships that survive are or should

go. (intuitu personae)
1. to whom - the one who succeeds
- by universal title - heir or particular title -
devisees/legatees
> 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
respectivelygiven by virtue of a will

by whom?

Article 775. ...decedent is the general term

applied to a person whose property is transmitted
through succession, whether or not he left a will.
If he left a will, he is also called the testator.
2. at what time

- Art. 777, successional rights are vested as

of the moment of death of the decedent
(Borromeo-Herrera vs Borromeo)
- death is the determining point when the
heirs acquire a definite right to the
inheritance whether such right be pure or
conditional (Rubio vs CA, 153 SCRA 183)
-as successors who stepped into the shoes
of their decedent upon his death they can
commence any action originally pertaining
to the decedent (Speed Distributing Corp.
vs CA, 425 SCRA 691)
During the lifetime of the decedent, the right
of the heirs is a mere expectancy:
• until 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. Indeed the
moment of death is the determining point
when an heir acquires a definite right to
the inheritance (Edades vs Edades, 99
Phil. 675)
• Succesional rights are transmitted from the
moment of death of the decedent and
compulsory heirs are called to suceed by
operation of law (Rabadilla vs CA, 334 SCRA
522)

• the right of the heirs to the property of the

deceased is vested from the moment of death
(Opulencia vs CA, 293 SCRA 385)

• the heirs acquired hereditary rights even before

judicial declaration in testate or intestate
proceedings (Morales vs Yanez, 98 Phil. 677)
Ibarle vs Po, 92 Phil. 721*
Question:
A died without a will survived by 3 legitimate children,
B, C and D. Immediately, upon the death of A, the
eldest son B, sold his entire right to the inheritance to
X, a third person, for P20,000. Is the sale valid?

Answer:
The sale is valid. B had a perfect right to sell his
right to the inheritance to X after the death of the
decdent. This is so because of the principle
announced in Art. 777 of the NCC to the effect
that the rights to the succession are transmitted
immediately from the moment of the death of the
decedent.
Macasaet vs Macasaet, G.R. No. 154391-92*
Question: Do the heirs have a right on the
property which was allegedly alloted as an
advance grant of their inheritance?
Answer: No. The right of the heirs to inherit from
their parents is merely inchoate and is vested
only upon the latter's demise. Indisputably, rights
of succession are transmitted only from the
moment of death of the decedent. Assuming that
there was an "allotment" of inheritance,
ownership nonetheless remainded with the
parents. Moreover, an intention to confer title to
certain persons in the future is not inconsistent
with the owner's taking back possession in the
meantime for any reason deemed sufficient.
Flora vs Prado, G.R. No. 156879*
Question: Can an Heir sell any particular part of
the estate?
Answer: An heir can sell his undivided share of
the inheritance, but not any particular part of the
estate.
Suarez vs CA, G.R. No. 94918*
- the proprietary interests of petitioners in the
levied and auctioned property is different from
and adverse to that of their mother. Petitioners
became co-owners of the property not because
of their mother but through their own right as
children of their deceased father. therefore,
petitioners are not barred in any way from
instituting the action to annuk the auction sale to
protect their own interest.
Dela Merced vs Adriano, G.R. No. 126707*
- Since Evarista died ahead of her brother
Francisco, the latter inherited a portion of the
estate of the former as one of the heirs .
Subsequently, when Francisco died, his heirs,
XXX XXX XXX, inherited his (Francisco's) share
in the estate of Evarista.
- The present case relates to the rightful and
undisputed right of an heir to the share of his
late father in the estate of the decedent Evarista,
ownership of which had been transmitted to his
father upon the death of Evarista.
- There is no legal obstacle for private respondent ,
son of Francisco, to inherit in his own right as an
heir to his father's estate, which estate includes
a 1/3 undivided share in the estate of Evarista.
Rioferio vs CA, G.R. No. 129008*
- Whether the heirs may bring suit to recover
property of the estate pending the appointment
of an administrator.

- Pending the filing of administration proceedings,

the heirs without a doubt have legal personality
to bring suit in behalf of the estate of the
decedent in accordacne with the provision of
Article 777.
Palicte vs Ramolete, G.R. No. 55076*

- At the moment of the decedent's death, the heirs

start to own the property, subject to the
decdent's liabilities. In fact, they may dispose of
the same even while the property is under
administration. (Barretto vs Tuason; Jakosalem
vs Rafols).

- If the heirs may dispose of their shares in the

decedent 's property even while it is under
administration. With more reason should the
heirs be allowed to redeem redeemable
properties despite the presence of an
administrator.
Lorenzo vs Posadas, 64 Phil. 353*
• Question: A died in 1975 with a will. In the will,
he left all of his real proerties to his nephew, B.
There is, however, an order of the testator that B
shall not enter into the possession of such
properties until after the expiration of 10 years,
to be counted from the time of the death of the
testator. Hence, B was able to obtain possession
of the properties devised to him only in 1985. In
computing the inheritance tax, which value shall
be considered - shall it be the value of the
properties in 1975, when the testator died or
shall it be the value in 1985, when B took
possession thereof? Reasons.
Answer:

• The value which shall be considered is the value

of the rel properties in 1975, when the testator
died. This conclusion necessarily follows from
Art. 777 of the NCC which declares that
successional rights are transmitted from the
moment of the death of the decedent. If upon the
death of the decedent succession takes place
and the right of the state to tax vests instantly,
the tax should be measured by the value of the
estate as it stood at the time of the decedent's
death, regardless of any subsequent
appreciation or depreciation.
3. in what manner

- Art. 778. Succession may be:

1. testamentary - by the provisions of a
will; Article 779
2. legal or intestate - when the decedent
died without any will or with a void will or
ineffective or inoperative will

3. mixed - partly testate and partly

intestate; Artcle 780

4. in what proportions
- Article 888 to 903
Elements of Succession
1. it is a mode or way of acquiring ownership;
2. there is transmission of property, rights and
obligations to another or others. As to
transmission of obligations, it is only to the
extent of the value of the inheritance;
3. the cause of transmission is the death of the
decedent;
4. the procedure of transmission may be by will or
by operation of law;
5. the acceptance of the inheritance by the heir
which is understood even if not expressly stated
in the article.
...mode of acquisition

• Article 712. Ownership is acquired by occupation

and by intellectual creation.

Ownership and other real rights over propertyare

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.
...property, rights and obligations

• Article 776. The inheritance includes all the

property, rights and obligations of a person
which are not extinguished by his death.

- property - real or personal

- rights - only transmissible rights

- obligations - only transmissible

obligations
How do you define inheritance?

• the universality of all the properties, rights

and obligations constituting the patrimony
of the decedent which are not
extinguished by his death and which are
available for distribution among his heirs
after settlement or liquidation.
Scope of inheritance
• inheritance includes:
- not only property and transmissible rights
and obligations existing at the time of his
death
- but also those which have accrued thereto
since the opening of the succeession.
- latter refers to after-acquired property, that
is, not only property acquired between the
period of the execution of the will and
death of the testator, but also accruing
property until the distribution of the estate.
Examples of after-acquired property
• 1. if during the period between the making of
the will and the actual distribution of the estate to
the heirs, alluvial deposits had been added to
the decedent's land, the same is part of the
inheritance
• 2. if the decedent has a credit which earns
interest, the interest is considered part of the
inheritance
Distinguish inheritance from succession.

• while inheritance refer to all the property

and transmissible rights and obligations of
the decedent which are not extinguished
by his death, succesion is the legal mode
by which such property, rights and
obligations are transmitted.

• in other words, the inheritance is merely

the objective element of succession.
DKC Holdings Corporation vs CA 329 SCRA
666

• there is privity of interest between an heir

and his deceased predecessor - he only
succeeds to what rights his predecessor
had and what is valid and binding as
against the latter is also valid and binding
against the former
We will only deal with transmissible rights and
obligations..
• because some rights are extinguished upon the
death of the decedent. These rights are
intransmissible. The heirs could not succeed to
intransmissible rights.
• Example:
1. right to receive support
2. obligation to receive support
3. right of usufruct
4. criminal liability
5. political position
6. right of parental authority
7. marital rights
How to determine if such rights are
intransmissible?
1. when the rights are purely personal such as the
discharge of public office; and
2. when the rights are expressly made
intransmissible by law like usufruct. Art. 603

Question:

Are monetary obligations which the decedent

incurred during his lifetime transmissible to the
heirs so that the latter may be charged directly
for the payment thereof?
Answer:
• no, such monetary obligations are
intransmissible. They must be liquidated in the
testate or intestate proceedings (Rule 87, Sec.
5, RRC). It is the estate of the decedent, rather
than o fthe heirs, which is vested and charged
for the payment of such obligation which survive
after his death (Pavia vs De la rosa, 8 Phil. 70)
• While the decedent is dead, nevertheless, his
estate is considered a continuation of his
personality. It is considered a juridical person
with the right to sue and be sued through the
executor or administrator as the case may be
(Limjoco vs Intestate Estate of Fragante, 80 Phil.
776
What about contractual obligations?
• the general rule is that heirs are bound by
contracts entered into by their predecessors-in-
interest except when the rights and obligations
arising therefrom are not transmissible by 1.
their nature , 2. stipulation or 3. provision of law
(DKC Holdings Corporation vs CA, 329 SCRA
666)
• The death of the party does not excuse the
nonperformance of a contract which involves a
property right, and the rights and obligations
thereunder pass to the personal representatives
of the deceased.
Question:
• Before his death, A borrowed from X P1,000.00
evidenced by a promissory note. A died without
paying the debt. He left no property, but is
survived by his son, B, who is making good in
the buy-and-sell business. Subsequently, X
brought an action against B for the collection of
P1,000.00 plus legal interest thereon onthe
ground that since B is the only heir of A, he has
inherited from the latter not only the latter's
property, but also all of his rights and obligations.
Will the action prosper?
Answer:
• The action will not prosper. While it is true that
Art. 776 of the NCC expressly provides that the
inheritance includes not only the property but
also the rights and obligations of the decedent
which are not extinguished by his death, yet it is
essential that such rights and obligations must
be transmissible in character.

• Are monetary obligations incurred during the

lifetime of the decedent treansmissible so that
the heirs can be charged direcftly with the
payment?
• Such obligations are intransmissible, they do not
constitute a part of the inheritance.
• They must be liquidated in the testate or
intestate proceedings for the settlement of the
estate
• It is the estate of the decedent, instead of the
heirs, who is vested and charged with his rights
and obligations which survive after his death
(Ledesma vs McLaughlin, 66 Phil. 547)
• For this purpose, it has been held that it is the
estate rather than the heir which must be
considred as the continuation of the decedent's
personality. Consequently, the decedent's estate
is a juridical person (Limjoco vs Fragante)
...of a person - decedent
...to another or others either - heir, legatees,
devisees
- Art. 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.
- an heir is a person who succeeds either because
he is instituted in a will or if there is no will, he
succeeds by operation of law on intestacy.
Distinguish between heirs and legatees/devisees
• 1. devisees or legatees are always called to the
succeed to individual items of property whereas
heirs are always called to succeed to an
indeterminate or aliquot portion of the
decedent's hereditary estate.
- In other words, the first succeed by a particular
title (titulo particular) whereas the second
succeed by universal title(titulo universal)
• 2. devisees and legatees are always called to
succeed by means of a will, whereas heirs are
called to succeed either by means of a will
(voluntary) or by operation of law (compulsory or
legal)
...by his will or by operation of law.
Art. 779. Testamentary succession is that which
results from the designation of an heir, made in
a will executed in the form prescribed by law.
- testamentary succession can arise only when the
decedent left a valid a will, either notarial or
holographic will

Question: How do you distinguish notarial from a

holographic will?
• notarial will is one which is executed with the
formalities of the law and is duly acknowledged
and notarized by a bona fide notary public.
• memorize Article 805 NCC
• a holographic will is one entirely written in the
handwriting of the testator from the beginning to
the end, duly dated and signed. It need not be
witnessed.
• memorize Article 810 NCC
• nuncupative wills
- oral wills. Not allowed in the Philippines. Tape
recorded will is still nuncupative.
Thanks!