Please enable JavaScript.

Coggle requires JavaScript to display documents.

SUCCESSION I. INTRODUCTION - Coggle Diagram

- - - - MA'AM: COMPULSORY HEIRS
        Compulsory heirs cannot be deprived of the legitime.
        
        MA'AM: LEGITIME
        The legitime CANNOT BE IMPAIRED
        
        MA'AM
        Only a valid disinheritance can impair the legitime
        
        Legitime is reserved for the compulsory heirs
        The portion that is not compulsory is called the "free portion".
        
        UNIVERSAL HEIR
        The universal heir acquires more than the legitime until the free portion.
    - - How is it important when the institution of heirs is annulled? Why is there a matter of legitime still?
        I still don't know what's happening here
        
        PRETERITION IS THE OMISSION OF ONE, SOME, OR ALL OF THE COMPULSORY HEIRS
        The preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator, shall annul the institution of heir; but the devises and legacies shall be valid insofar as they are not inofficious. (Art. 854)
        
        By annulment of "the institution of heir", what is the "institution of heir"?
  - - - NOT EXTINGUISHED BY DEATH AND CONSTITUTE PART OF INHERITANCE
        
        LAW/WILL MAY PROVIDE IF EXTINGUISHED
        Extinguished if expressly provided by law or by will
    - - CONTRACTUAL RIGHTS & OBLIGATIONS ARE TRANSMITTED
        
        EXCEPT IF INTRANSMISSIBLE BY WILL/AGREEMENT
        
        EXCEPT IF INTRANSMISSIBLE BY EXPRESS PROVISION OF LAW
        
        EXCEPT IF INTRANSMISSIBLE BY NATURE
        
        PERSONAL QUALIFICATIONS OF DEBTOR WERE TAKEN INTO ACCOUNT
        
        SURETYSHIP MAY BE TRANSMISSIBLE SINCE IT DOES NOT TAKE THE PERSONAL QUALIFICATIONS OF THE DEBTOR INTO ACCOUNT
        (Estate of Hemady v. Luzon Surety)
    - - PURELY PERSONAL RIGHTS ARE EXTINGUISHED BY DEATH
        Intransmissible, since they are extinguished by death.
      - NOT PURELY PERSONAL
    - - KINDS OF SUCCESSION
        
        TESTAMENTARY SUCCESSION
        by will
        
        MA'AM
        There can be no representation of the voluntary heir
        
        MIXED SUCCESSION
        if will, does not validly dispose of all property. The part invalidly disposed of will pass by intestacy.
        
        So it is vested either way?
        
        CONTRACTUAL SUCCESSION
        
        FUTURE INHERITANCE CANNOT BE THE OBJECT OF A CONTRACT
        No contract can be entered into upon future inheritance.
        
        MARRIAGE SETTLEMENTS
        Marriage settlements, where the couple is authorized to execute before the celebration of marriage stipulations regarding 1/5 of present or future property in the event of death.
        
        LEGAL or INTESTATE
        Article 960. Legal or intestate succession takes place:
        
        DEATH WITHOUT A WILL or WITH A VOID WILL OR SUBSEQUENTLY INVALID
        (1) If a person dies without a will, or with a void will, or one which has subsequently lost its validity;
        
        IF PART OF THE PROPERTY HAS BEEN DISPOSED OF THRU WILL, LEGAL SUCCESSION TAKES PLACE WITH THE TESTATOR'S PROPERTY NOT DISPOSED
        (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;
        
        text
        (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. (912a)
        
        COMPULSORY SUCCESSION
        
        MA'AM:
        In the case of the compulsory heir, there is the possibility of representation.
        
        KINDS OF SUCCESSION
        Article 778.
        Succession may be:
        (1) Testamentary;
        (2) Legal or intestate; or
        (3) Mixed. (n)
        
        EXTENT OF SUCCESSION
        
        UNIVERSAL
        
        PARTICULAR
        
        CONTRACTUAL SUCCESSION IS NOT A KIND OF SUCCESSION
      - WHEN SUCCESSIONAL RIGHTS ARE VESTED: UPON DEATH OF DECEDENT
        
        DEATH IS NOT THE ONLY TRIGGER FOR SUCCESSION
        
        EXPRESS WILL OF TESTATOR
        within limits prescribed by law, calling certain persons to succeed him, or in the absence of a will, the law prescribing the will
        -
        
        DEATH OF PERSON WHOSE SUCCESSION IS IN QUESTION
        -
        
        ACCEPTANCE OF INHERITANCE BY PERSON CALLED TO SUCCESSION
      - WHAT IS VESTED: SUCCESSIONAL RIGHTS WHICH INCLUDE ALL RIGHTS OF OWNERSHIP
        This includes the right to dispose, right to mortgage.
        
        DEATH CONTEMPLATES
        PRESUMPTIVE DEATH
        
        EXTRAORDINARY PRESUMPTION
        
        MISSING ARMY PERSON + PARTOOK IN WAR + MISSING FOR 4 YEARS
        Person in armed forces who partook in war and has been missing for 4 years
        
        IN DANGER OF DEATH UNDER OTHER CIRCUMSTANCES + EXISTENCE HAS NOT BEEN KNOWN FOR 4 YEARS
        Person who has been in danger of death under other circumstances and his existence has not been known for 4 years.
        
        PERSON ON BOARD VESSEL/PLANE MISSING + NOT HEARD FROM 4 YEARS FROM LOSS
        Person on board a vessel lost during sea voyage or aeroplane which is missing, who has not been heard for 4 years since the loss of the vessel or aeroplane.
        
        RECKONING POINT: UPON DISAPPEARANCE, NOT AT THE END OF 4 YEARS
        In extraordinary absence, the person is presumed dead at the time of disappearance or the time the calamity took place, not at the end of 4 years
        So succession actually took place 4 years ago → the heir is considered owner and possessor but actual division will only be at the end of 4 years
        
        ORDINARY PRESUMPTION
        
        PRESUMED DEAD IF ABSENT FOR 10 YEARS
        
        BUT IF OVER 75 YEARS, ABSENCE OF
        5 YEARS IS SUFFICIENT
      - WHY USE VEST INSTEAD OF TRANSFER?
        Because there is already an inchoate right during the life of the decedent in favor of the heirs.
      - FUTURE INHERITANCE CANNOT BE SUBJECT OF CONTRACT and CANNOT BE RENOUNCED
        Future inheritance cannot be the subject of a contract NOR can it be renounced
      - PRIOR DECLARATION OF HEIRSHIP NOT NEEDED TO COMMENCE ACTION ARISING FROM RIGHT OF PREDECESSOR
        BIRTH CERT SUFFICES TO ESTABLISH LEGITIMACY
        (Gloria v. BSLA)
        
        SALE BY A LEGAL HEIR OF HIS SHARE DOES NOT INTERFERE WITH THE ADMINISTRATION OF THE ESTATE
        The Court explained that a sale made by a legal or intestate heir of his share in an inheritance does not interfere with the administration of the estate. (Teves de Jakosalem v. Rafols, et al.,)
      - OBLIGATIONS TO THIRD PARTIES COME FIRST
        Although heirs own the inheritance from moment of death of the decedent, the funds cannot be released until all the debts of the estate have been paid.
      - SPOUSES SALITICO v. HEIRS OF FELIX
        Although the right has already vested, it is only upon the issuance by the testate or intestate court of the final order of distribution that the certs of title can be issued in the name of the distributees.
        It is not required that the estate already be compelled to issue new certificates.
      - HEIR MUST BE ALIVE AT THE MOMENT THE SUCCESSION OPENS
        "In order to be capacitated to inherit, the heir, devisee or legatee must be living at the moment the succession opens, except in case of representation, when it is proper."
        
        EXCEPT IN CASE OF REPRESENTATION, WHEN IT IS PROPER
    - - CAUSES OF ACTION PRIMARILY AFFECTING PROPERTY AND RIGHTS THERETO
        SURVIVE DEATH
        (Cruz v. Cruz)
        
        PETITION FOR DECLARATION OF NULLITY OF OF DEED OF SALE OF REAL PROPERTY
        A Petition for Declaration of Nullity of Deed of Sale of Real Property is one relating to property and property rights, and therefore, survives the death of the petitioner.
        (Cruz v. Cruz, citing Sumaljag v. Literato)
        
        PETITION FOR ANNULMENT OF SALE OF REAL PROPERTY
        (Cruz v. Cruz)
        
        ACTION TO QUIET TITLE
        An action to quiet title over a parcel of land affects primarily and principally property and property rights and therefore, is one that survives even after plaintiff's death.||| (Bonilla v. Barcena, G.R. No. L-41715, [June 18, 1976], 163 PHIL 516-522)
        
        RIGHT TO BRING AN ACTION FOR
        FORCIBLE ENTRY/UNLAWFUL DETAINER
        Right to bring an action for forcible entry/unlawful detainer
        
        CONTINUE LEASE CONTRACT
      - CAUSES OF ACTION INCIDENTALLY AFFECT PROPERTY AND RIGHTS THERETO DO
        NOT SURVIVE DEATH*
        (Cruz v. Cruz)
        
        ACTION FOR LEGAL SEPARATION
        An action for legal separation which involves nothing more than the bed-and-board separation of the spouses (there being no absolute divorce in this jurisdiction) is purely personal.||| (Sy v. Eufemio, G.R. No. L-30977, [January 31, 1972], 150 PHIL 204-213)
    - - USUFRUCT IS EXTINGUISHED UPON DEATH BECAUSE OF A PROVISION OF LAW
    - - MA'AM (Version 2):
        
        Take all the rights, properties, and obligations and charge that against the estate (net estate)
        
        Take all the donations inter vivos (collation) and ADD them
  - - - ALSO INCLUDES ACCRUED PROPERTIES, RIGHTS, & OBLIGATIONS
        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)
        
        MOMENT OF DEATH
        The "opening of the succession" would be the death of the decedent, right?
        Answer:
        The rights to succession are transmitted from the moment of the death of the decedent. [Art. 777, CC]
        
        IF EXTINGUISHED BY DEATH or INTRANSMISSIBLE, THEN NOT INCLUDED
        Rights and obligations extinguished by death and are not transmissible [Art. 1311, CC]
        
        INTRANS BY NATURE
        
        INTRANS BY STIPULATION
        
        INTRANS BY PROVISION OF LAW
    - - LAW AT TIME OF DEATH GOVERNS
        The law in effect at the time of death of the decedent governs the succession [Art. 2236, CC]
        
        HEIR BECOMES OWNER OF HIS SHARE + FRUITS THEREFROM
        The heir becomes the owner of his share as well as all fruits which accrue after the death of the decedent.
        
        HEIRS MAY IMMEDIATELY POSSESS, ADMINISTER, AND DISPOSE OF THEIR SHARES
        Upon death of the decedent, heirs may immediately possess, administer and dispose of their shares in the estate (in the absence of existing debts/claims against the estate);
        
        EXCEPT IF THERE ARE EXISTING DEBTS/CLAIMS AGAINST THE ESTATE
        
        HEIRS MAY SUE ON RIGHTS OF DECEDENT,
        WITHOUT APPOINTMENT AS ADMIN/EXEC
        WITHOUT DECLARATION AS HEIRS
        Since succession takes place by operation of law at the moment of the death of the decedent, the heirs can sue upon the rights of the decedent, without having to be appointed executor or administrator [Emnace v. CA, G.R. No. 126334 (2001)], and without need of a judicial declaration of their status as heirs [De Vera v. Galauran, 67 Phil 213 (1939)].
        
        HEIRS MAY BE SUED WITHOUT PREVIOUS DECLARATION OF HEIRSHIP
        Heirs may also be sued without a previous declaration of heirship, provided there is no PENDING special proceeding for the settlement of estate of the decedent [Gayon v. Gayon, G.R. No. L-28394 (1970)]. (Treyes v. Larlar)
        
        EXCEPT IF THERE IS A PENDING SPECIAL PROCEEDING FOR THE...
        
        SETTLEMENT OF THE ESTATE
        OR
        
        DETERMINATION OF HEIRSHIP
        (Treyes v. Larlar)
        
        POSSESSION OF HEREDITARY PROPERTY IS TRANSMITTED WITHOUT INTERRUPTION, IF INHERITANCE IS ACCEPTED
        The possession of hereditary property is deemed transmitted to the heir without interruption and from the moment of death of the decedent, in case the inheritance is accepted [Art. 533, CC]
        
        2 more items...
        
        HEIRS BECOME ABSOLUTE OWNERS
        From the moment of the death of the decedent, the heirs become the absolute owners of his property, subject to the rights and obligations of the decedent, and they cannot be deprived of their rights thereto except by the methods provided for by law.
- - - - Article 777. The rights to the succession are transmitted from the moment of the death of the decedent. (657a)
        
        Article 778. Succession may be:
        (1) Testamentary;
        (2) Legal or intestate; or
        (3) Mixed. (n)
        
        Article 779. Testamentary succession is that which results from the designation of an heir, made in a will executed in the form prescribed by law. (n)
        
        Article 780. Mixed succession is that effected partly by will and partly by operation of law. (n)
        
        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 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. (n)