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Succession - Week II. Provisions Common to Testate and Intestate…

- - - - D. Collation (Arts 1061-1066; Arts 1067-1069 Arts 1070-1077)
        
        E. Partition and Distribution of the Estate
        
        E1. Partition (1079) - Partition, in general, is the separation, division and assignment of a thing held in common among those to whom it may belong. The thing itself may be divided, or its value.
        
        Classifications of Parition
        
        As to who Made the Partition
        
        E2. Extrajudicial partition by heirs - Applies only if no will. May be made by the following:
        
        Testator (1080)
        
        Decedent via Inter-Vivos Act (1080)
        
        By the Heirs themselves (1084)
        
        Third person, entrusted by the decedent (1081)
        
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        Judicial Partition - Made by the court, either in the course of administration proceedings or in an ordinary action for partition.
        
        As to the Scope of the Partition - May be partial or total partition.
        
        As to the Duration of the Partition (1084) -
        
        Provisional Partition - Partition made by pure heirs pending fulfillment/non-fulfillment of the condition of the suspensive heirs.
        
        Permanent Partition
        
        Co-Ownership by Heirs (1078) - Where there are two or more heirs, the whole estate of the decedent is, before its partition, owned in common by such heirs, subject to the payment of debts of the deceased.
        
        Partition Inter-Vivos (1080) - Should a person make a partition of his estate by an act inter vivos, or by will, such partition shall be respected, insofar as it does not prejudice the legitime of the compulsory heirs
        
        Parent - A parent who, in the interest of his or her family, desires to keep any agricultural, industrial, or manufacturing enterprise intact, may avail himself of the right granted him in this article, by ordering that the legitime of the other children to whom the property is not assigned, be paid in cash
        
        When Made (1082) - Every act intended to put an end to indivision among co-heirs and legatees or devisees is partition. Regardless of its label. So long as the co-ownership ceases to exist.
        
        Right to Demand Partition (1083) -
        
        General Rule - Every co-heir may demand the division of the estate.
        
        XCPN - The testator can forbid the partition expressly or heirs can agree on indivision. This shall not exceeded a (20) year period.
        2a. XCPN(2) - The court finds for a compelling reason or, the co-ownership is dissolved for any of the causes of termination of a partnership.
        
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        How made;Equality in Partition (1085) - As much as possible co-heirs must receive things of the same nature, quality and kind.
        
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        Partition Inter-Vivos - No will required. This is because the partition inter vivos takes effect mortis causa, therefore no need for a will.
        
        F. Effects of Partition Arts 1091-1096
        
        G. Rescission and Nullity of Partition Arts 1097-1105
        
        Causes of Rescission/Annulment (1097) - Same causes as contracts.
        
        Rescission - valid contract, but extrinsic defect such as prejudice to the creditors.
        
        Annulment - a contract with an intrinsic defect, such as vitiation of consent.
        
        Estoppel (Leano v. Leano) - Partition made by the heirs, so long as consensual binds the heirs, regardless if made against the prohibitions under the Civil Code.
        
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        Causes of Rescission
        
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        Causes of Annulment (1390) - Contract is voidable. Annulment may be due to incapacity or vitiation of consent.
        
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        Legal Partition (1091) - If the partition is legally made, each of the heirs have exclusive ownership of the property adjudicated to him.
        
        Termination of Warranty (1096) - The obligation of warranty among the co-heirs ceases in the following circumstances:
        
        TESTATOR - When the testator himself made the partition. UNLESS that there was intention to the contrary.
        
        EXPRESS - When the termination of the warranty has been so expressly stipulated in the agreement of partition. UNLESS bad faith.
        
        SUBSEQUENT - When the eviction is due to a cause subsequent to the partition or has been caused by the fault of the distributee of the property.
        
        Enforcement of Warranty (1094) - Must be brought within (10) years from the date the right of action accrues.
        
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        Warranty of Good Debts (1095) -
        
        Solvency - Heir warrants that the debtor is solvent at the time of the partition.
        
        Duration - for a (5) year period following the partition.
        
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        Warranty of Title & Quality (1092) - Each of the co-heirs shall be reciprocally bound to warrant the following as regards each of the property adjudicated.
        
        TITLE - warranty against eviction.
        
        QUALITY - Warranty against hidden defects.
        
        Definition of Collation - Used in two ways under the Code.
        
        Legitime - computing or adding certain values to the estate, and charging the same to the LEGITIME.’’
        
        Free Portion - “computing or adding certain values to the estate, and charging the same to the FREE PORTION.’’
        
        When Proper - Collation can take place in both testamentary and legal succession.
        
        Not-Collationable - Can refer to either items that should be charged to the free portion or, excluded from the estate.
        
        Duty to Bring into Collation (1061) - Every compulsory heir who succeeds with other compulsory heirs must bring into the mass of estate any property/right received via gratuitous title, received from the decedent during their lifetime of the latter.
        
        Rationale - Equality. The law treats any disposition by gratuitous title as an advance of the legitime.
        
        Compulsory Heirs - This term excludes the spouse, because in general, donations to the spouse during marriage are null and void. Similarly, those donations which are valid are excluded from the computation of the value of the estate.
        
        Nature of Object Returned (1071) - Does not mean that the thing itself which was donated must be returned. All that is required is that the value of the item at the TIME OF THE DONATION be returned.
        
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        Exception, When Collation not Proper (1062) - Only in two instances. This is subject to non-impairment of the legitime.
        
        EXPRESS - If the donor expressly provides that no collation shall take place.
        
        REPUDIATION - If the donee repudiates the inheritance. (here, the donation is charged to the free portion as repudiation means waiver of the right to the legitime)
        
        Testamentary Dispositions (1063) - Property left by will is not deemed subject to collation. UNLESS the testator provides otherwise. Again, subject to non-impairment of legitime.
        
        Presumption in Disposition -
        
        Inter Vivos - Equality, xcpn Preference. Here, considered advance of the legitime.
        
        Mortis Causa - Preference, xcpn Equality. Here, imputable to the free portion.
        
        Duty of Granchildren (1064) - Grandchildren who inherit in representation of their father or mother, they must bring to collation
        
        PARENTS - all that their parents would be obliged to bring. This applies even if the grandchildren have not inherited the property.
        
        DONATIONS - All that they received from the decedent during his lifetime, unless the testator has provided otherwise. (subject to non-impairment of legitime)
        
        When Applicable - Only when the grandchild inherits by his right of representation, not when he inherits in his own right. Par. 1 applies in case of predecease, incapacity, and disinheritance.
        
        List of Exclusions from Collation
        
        Donations
        
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        Expenses for Support
        
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        List of Inclusions to Collation
        
        Debts (1069) - These must be brought to collation. Any sums paid by a parent in satisfaction of the:
        
        Debts of his Children - These must be valid and enforceable, contemplating benefit to the child. (Manresa)
        
        Election Expenses - For the child
        
        Fines -
        
        Similar Expenses -
        
        Fruits and Interest (1075) - Fruits and interest of any property subject to collation shall pertain to the estate from the day on which the succession opened. Thus, all fruits up to the moment of distribution belongs to the estate, and must be included in the computation.
        
        Collation of Donations by Parents (1072) -
        
        Both Parents - 1/2 to inheritance of father, 1/2 to inheritance of mother.
        
        Sole Donation - Only to the collation of the inheritance of the sole donor parent.
        
        Methods of Equalization
        
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      - Acceptance/Repudiation (1041) - Must be voluntary and free.
        
        Extent of Repudiation - The entire inheritance, including the legitime or, any part thereof. Regardless of the kind of succession.
        
        Partial Acceptance/Repudiation - Valid. No prohibition in the law.
        
        When Made - Generally, after the death of the decedent, except as regards collationable donations inter vivos and remissions.
        
        How Made (1049)
        
        Acceptance - May be express or tacit.
        
        Repudiation - Must be express
        
        Manner of Repudiation (1051) -
        
        Public Instrument
        
        Authentic instrument,
        
        By petition to the court having jurisdiction.
        
        Effect of Repudiation - Deemed never to have owned or possessed the inheritance.
        
        Tacit Acceptance - An act where the intent to accept is necessarily implied or, which one would have no right to do except in the capacity of an heir. This does not cover acts of mere preservation or administration.
        
        Extent - Applies only to shares of the heir making acceptance/repudiation.
        
        Acceptance - The confirmation of the institution of the heir/perfection of the right to succeed
        
        Repudiation - Manifestation of the desire not to succeed. Same as renunciation
        
        Inheritance (776) - All properties, rights and obligations not extinguished by death.
        
        Interpretative Rules - Repudiation is stricter, as it is not favorable to the heir. Therefore, if any doubt, resolve against repudiation.
        
        Retroactive Effect (1042) - Acceptance or repudiaton retroacts to the moment of the death of the decedent.
        
        Requisites (1043):
        
        DEATH - Certainty of the death of the decedent. This covers presumed death.
        
        CAPACITY - certainty of the right to inherit.
        
        Waiver v. Renunciation
        
        Waiver - there can be no waiver, this is void. As inchoate rights.
        
        Renunciation - Valid :
        
        Impugning Repudiation (1056) - Generally, irrevocable. Unless, the following circumstances are present.
        
        Vitiated Consent - Mistake, violence, intimidation, undue influence, fraud.
        
        Unknown Will Appears - New will is subsequent to the will that formed the basis of the repudiation. UNLESS the will makes only insignificant changes.
        
        Who May Accept/Repudiate
        
        Capacity to Act (NCC 37)
        
        On Behalf of Minors (1044) -
        
        Acceptance - Parents or Guardians
        
        Repudiance - Parents or Guardians WITH Judicial authorization (Guy v. CA)
        
        On Behalf of the Poor -
        
        Persons Designated by Testator
        
        Executor
        
        Votes - Justice of the peace + Mayor + Municipal treasurer deciding by majority if no 1 & 2
        
        Qualified Recipients
        
        Public Official Establishments (1046)
        
        Acceptance - Government Approval
        
        Repudiation - Government Approval
        
        Married Woman of Age (1047) - Required that no incapacity in any way.
        
        Acceptance - Yes
        
        Repudiation - Yes
        
        Deaf-Mutes (1048)
        
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        Death of Heir (1053) - If heir dies before they accept or repudiate. In such cases, acceptance/repudiation by the heirs of the heirs. Provided, that the latter heirs accept their inheritance from the deceased heir.
        
        Scope of Repudiation (1055) -
        
        Testamentary Heir - Repudiation as a testamentary heir means repudiation as intestate heir.
        
        Intestate Heir - But, if repudiation as intestate heir WITHOUT KNOWLEDGE OF BEING TESTAMENTARY HEIR then no repudiation of the testamentary portion
        
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        Capacity - Qualified if compulsory or, voluntary heir. If voluntary heir, repudiation/acceptance may be irrelevant if the will is later invalidated/found void.
        
        Presumption of Death (392) - The absentee shall recover his property in the condition in which it may be found, and the price of any property that may have been alienated or the property acquired therewith; but he cannot claim either fruits or rents
        
        Forms of Implied Acceptance(1050) -
        
        SELLS/DONATES/ASSIGNS - If the heirs sells, donates, or assigns his right to a stranger, or to his co-heirs, or to any of them;
        
        RENOUNCES - If the heir renounces the same, even though gratuitously, for the benefit of one or more of his co-heirs;
        
        RENOUNCES FOR A PRICE - If he renounces it for a price in favor of all his co-heirs indiscriminately;
        3a. XCPN - but if this renunciation should be gratuitous, and the co-heirs in whose favor it is made are those upon whom the portion renounced should devolve by virtue of accretion, the inheritance shall not be deemed as accepted.
        
        Acceptance of Creditors (1052) - If the heir repudiates the inheritance to the prejudice of their creditors, the creditors may petition the court to authorize them to accept it in the name of the heir.
        
        Extent of Acceptance - Only to an extent sufficient to cover the amount of their credits. Any excess shall be adjudicated to the proper persons.
        
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        Death of the Heir (1053) - If the heir dies prior to acceptance or repudiation, the right to do so is transmitted to his heirs.
        
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        Renunciation - According to Balane, this is not actually a renunciation but a conveyance in favor of the co-heirs If its gratuitous, it partakes of a donation.
        
        Rationale - to prevent any stage where the property will be without an owner or possessor.
    - - How Avoided (1015) - By either:
        
        Substitute - Deceased expressly designating a substitute
        
        Express Stipulation - deceased expressly providing that although accretion may take place, he desires no accretion in favor of those who ordinarily would be entitled to it.
      - Requisites for Accretion -
        
        Plurality of subjects - two or more to inherit ordinarily
        
        Unity of object - one inheritance
        
        Vacant Portion - any of the RIP instances of his share by one of those called to inherit
        
        Acceptance - of the portion accruing by the person entitled to it
        
        Forms of Accretion
        
        Accretion in Testamentary (1016) - Occurs in case the heirs:
        
        Predecease - Only if representation does not occur.
        
        Repudiation/renunciation -
        
        Incapacitated - Only if representation does not occur.
        
        Other Conditions (1015) -
        
        Non-fulfillment of Suspensive Condition - This is a form of incapacitiy.
        
        Failure to Identify - one particular heir, and no other heirs can be identified.
        
        Requisites for Testamentary Accretion - 2 elements must concur.
        
        Multiple Heirs - 2 or more persons are called to the same inheritance or to the same portion thereof pro indiviso
        
        RIP - One of the persons died before the testator or renounced the inheritance or became incapacitated to receive it
        
        Pro-Indiviso - Undivided.
        
        Fractional Share - Specification of a fractional share insufficient to make the thing determinate.
        
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        Representation (970) - is a right created by fiction of law, by virtue of which the representative is raised to the place and the degree of the person represented, and acquires the rights which the latter would have if he were living or if he could have inherited.
        
        Representation - If there is repudiation, there can be no representation. Representation occurs only in the direct descending line.
        
        Accretion in Intestate (1018) - Art. 1018 mentions only repudiation without prejudice to the right of representation
        
        Repudiation
        
        Incapacity (1018) -
        
        Predecease - legal effects are the same, while no right to accretion, the part affected is still given to the intestate heirs.
        
        Accretion Between Co-Heirs (1020) - The heirs to whom the inheritance accrues shall succeed to all the rights and obligations, which the heir who renounced or could not receive it would have had. (984)”
        
        Effect of Earmarking (1017) - This applies in money or fungible goods. If these are earmarked, there can be no accretion.
        
        When No Accretion - When there is
        
        Contrary - Express provision in the will
        1a. Earmarking (1017)
        
        Personal - When the rights and obligations referred to are personally applicable only to the original heir, legatee, or devisee.
        
        ISRAI - Order of distribution if, in case of predecease, repudiation, incapacity, or otherwise accretion cannot occur.
        
        Institution if proper; if not, apply
        
        Substitution if proper; if not, apply - Substitution is appointment by will. Appointment of an heir of another heir to inherit in the place of one heir.
        
        Representation if proper; if not, apply - Representation is by operation of law, where an heir is elevated to the position of another heir.
        
        Accretion if proper; if not, apply
        
        Intestacy -
        
        This order is observed because testate is preferred over intestate succession.
        
        Representation - Representing heir only inherits the portion of the represented heir, nothing further.
        
        Substitution - May inherit beyond the portion of the substituted heir, subject to the will of the testator.
        
        If mixed succession, repudiated portion of the legitimate heir does not accrete to the right of testamentary heir.
        
        Accretion among Compulsory Heirs (1021) - There can be no accretion over the legitime. It applies exclusively to the free-portion of the will.
        
        Article 1021. Among the compulsory heirs the right of accretion shall take place only when the free portion is left to two or more of them, or to any one of them and to a stranger.
        
        Should the part repudiated be the legitime, the other co-heirs shall succeed to it in their own right, and not by the right of accretion. (985)
        
        Representation - In repudiation, there is no representation. Same applies in voluntary succession.
        
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        Repudiation of the Legitime - Should the part repudiated be the legitime, the other co-heirs shall succeed to it in their own right, and not by the right of accretion.
        
        Accretion Among Devisees/Legatees/Usufructiaries (1023) - Rules for accretion among the heirs should be followed.
        
        Proportion of Accretion (1019) - The heirs to whom the accreted portion goes to take it in the same proportion that they inherit.
        
        Earmarking can refer to specific amounts provided in the will. In such cases, no accretion applies to the benefit of the other heirs as regards the amount. Similarly, the earmarked amount means that any subsequent repudiation, the amount does not redound to the benefit of the voluntary heirs but falls into intestacy.
      - Scope - Covers only the free portion of the will and not the legitime.
  - - - Persons - Both natural and juridical persons.
        
        Insane Persons - Unlike in contracts or execution of wills, insane persons are capacitated to inherit.
      - Requisites for Capacity (1025) - Must be living, or conceived at the moment the succession opens.
        
        Provisional Capacity - the foetus is considered born if it is alive at the time it is completely delivered from the mother’s womb. However, if the foetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb.
        
        Representation (973) - In case there is a representative, the representative must be alive/conceived at the moment of succession.
        
        Succession by Juridical Persons (1026) - Juridical persons must have complied with all the requirements for their existence.
        
        Form of Succession - Private juridical persons cannot inherit in legal succession.
        
        Forms of Incapacity -
        
        Absolute - forbidden by law to inherit.
        
        Relative - Those who lack juridical personality or, do not comply with requirements under NCC 40-41,
        2a. Undue Influence (1027)
        2b. Public Policy/Morality (1028,739)
        2c. Unworthiness (1032)
        
        Effect of Incapacity -
        
        Relative Incapacity - Cannot inherit as a testamentary heir only.
        
        Total Incapacity - Cannot inherit at all.
        
        When Deemed Incapacitated (1034) -
        
        GR - The qualification of the heir, at the time of the death of the decedent is the criterion.
        
        XCPN - Attempted crime, False Accusation, Adultery under 1032. Here, final judgment is awaited.
        2a. Suspensive Condition - the time of the compliance with the condition shall also be considered
        
        Incapacity - These persons are incapacitated from succeeding:
        
        Inacapacitated due to Undue Influence (1027): - Here, only Par. 6 absolutely disqualified, all others only from testamentary succession.
        
        Health/Last Will Related
        
        4th degree RELATIVES - of such priest or minister of the gospel within the fourth degree, the church, order, chapter, community, organization, or institution to which such priest or minister may belong;
        
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        PRIEST/MINISTER -
        1a. who heard the confession of the testator during his last illness, or
        2a. the minister of the gospel who extended spiritual aid to him during the same period;
        
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        HEALTH PERSON - physician, surgeon, nurse, health officer or druggist who took care of the testator during his last illness;
        
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        Non-Last Will
        
        GUARDIAN -
        4a. GR - with respect to testamentary dispositions given by a ward in his favor before the final accounts of the guardianship have been approved, even if the testator should die after the approval thereof;
        4b. XCPN; Relatives of Ward - any provision made by the ward in favor of the guardian when the latter is his ascendant, descendant, brother, sister, or spouse, shall be valid;
        
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        WITNESS - Any attesting witness to the execution of a will, the spouse, parents, or children, or any one claiming under such witness, spouse, parents, or children;
        
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        OTHER DISQUALIFICATION - Individuals, associations and corporations not permitted by law to inherit. (745, 752, 753, 754a)
        
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        Incapacitated due to Public Policy (1028) - Testamentary Succession prohibitions.
        
        Crime
        
        ADULTERY/CONCUBINAGE - Those who were guilty of adultery or concubinage at the time of the donation;
        
        SAME CRIME - Those who were found guilty of the same criminal offense, if the donation is made in consideration thereof;
        
        PUBLIC OFFICERS - Public officers or their spouses, descendants and ascendants, if the donation is made by reason of their office. (Not to)
        
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        Capacity
        
        WILL - Those who are incapacitated to succeed by will;
        
        SPOUSES - The spouses, if the donation is between them and made during the marriage, except moderate ones given on the occasion of any family rejoicing ;
        
        COMMON LAW SPOUSES - Those who are living together as husband and wife without a valid marriage if the donation is between them and made during their cohabitation.
        
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        Benefit of the Soul (1029) Should the testator dispose of the whole or part of his property for prayers and pious works for the benefit of his soul, in general terms and without specifying its application, the executor, with the court's approval shall deliver one-half thereof or its proceeds to the church or denomination to which the testator may belong, to be used for such prayers and pious works, and the other half to the State, for the purposes mentioned in article 1013.
        
        Disposition
        
        Soul
        
        General Terms
        
        No Specification of the Application
        
        Incapacitated due to Unworthiness (1032) -
        
        Chastity-Related
        
        Crime-Related
        
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        PARENTS -
        1a. who have abandoned their children or induced their daughters to lead a corrupt or immoral life,
        2a. or attempted against their virtue;
        
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        ADULTERY - Any person convicted of adultery or concubinage with the spouse of the testator - This requires final judgment.
        
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        Common grounds for Disinheritance/Unworthiness)
        2,3,5,6, (Attempt
        
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        Disinheritance from Unworthiness -
        
        Basis - Disinheritance is made by the testator
        
        Applicability - Disinheritance is testamentary disposition
        
        Subjects - Disinheritance is compulsory heir
        
        Effects - Disinheritance deprives the compulsory heir from legitime + Free portion (Same effect)
        
        Purpose - Disinheritance can be either retribution/punish ungrateful heir
        
        Disinheritance - The act where a testator deprives a compulsory heir of his right to the legitime, for just cause. (NCC 915)
        
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        Unworthiness from Disinheritance -
        
        Basis - Unworthiness by operation of law
        
        Applicability - Unworthiness
        
        Subjects - Unworthiness, not necessarily compulsory heir
        
        Effects - Unworthiness deprives from testamentary, intestate, and legitime.
        
        Purpose - Unworthiness
        
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        Effects of Incapacity (1035-1040))
        
        Representation of an Incapacitated Heir (1035) - If incapacitated heir is a child/descendant of the decedent, their children shall acquire the right to the legitime.
        
        Incapacitated heir does not enjoy usufruct/administration inherit by his children.
        
        Alienation by Excluded Heir (1036) - As well as acts of administration, If done prior to the judicial order of exclusion,are valid as to the third persons who acted in good faith; but the co-heirs shall have a right to recover damages from the disqualified heir
        
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        If intestate, not limited to legitime. Covers the free portion of the will.
        
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        Rules of Construction
        
        Capacity - preferred over incapacity
        
        Testamentary - preferred over intestate
        
        Applicable Law (1039) - Capacity to succeed is governed by the law of the nation of the decedent. Order of succession, amount of successional rights, capacity to succeed, intrinsic validity of testamentary provisions
        
        Processual Presumption - in the absence of proof of foreign law, it is presumed that law of foreign nations is the same.
        
        Testamentary Dispositions in favor of the Poor (1030) - This applies if there is no particular person or community.
        
        Testamentary Provision to Disqualified Person (1031) - A testamentary provision in favor of a disqualified person, even though made under the guise of an onerous contract, or made through an intermediary, shall be void.
        
        Purpose - to prohibit the testator from violating indirectly what he cannot violate directly.
        
        GR - Deemed limited to the poor living in the domicile at the testator at the time of his death
        
        XCPN - Unless, it appears there was intention otherwise.
        
        Designation of Persons - Persons to be considered as poor to be distributed property shall be made in the following order:
        
        Appointee - by the testator, for that purpose
        
        Executor - if no appointee;
        
        Votes - Justice of the peace + Mayor + Municipal treasurer deciding by majority if no 1 & 2
        
        Approval - All these requires approval by the CFI (RTC)