IV. Intestate Succession (960-969)

A. General Provisions (960)

B. Intestacy

C. Order of, and Share In, Intestate

D. Representation (970-977)

Nature (970) - A right by virtue of which a representative is raised to the place and the degree of the person represented. This results in said representor acquiring the rights of the representee.

When Existing -

  1. Predecease (testate/intestate)
  2. Incapacity (testate/intestate)
  3. Disinheritance (testate succession)

Scope -

  1. Intestate Succession - Covers all that the persons represented would have inherited.
  2. Testate Succession - Only the legitime. There is no right to represent a voluntary heir. The legitime can be received by representation as it goes to the heirs by operation of law.

Adoption - An adopted child cannot be represented, and they cannot also represent. This is because there is no filiation between the adopted child and the parent of the adopted. Instead, legal filiation between the adopted and adopter.

Succession to Whom (971) - The representative succeeds the person whom the person represented would have succeeded.

When Proper (972) - Succession takes place in the direct descending line, never in the ascending line.

Collateral line - Takes place only in favor of the children of brothers or sisters, whether full or half blood.

Requisite of Capacity (973) - The representative may be capable of succeeding the DECEDENT.

Effect of Representation (974) - When there is succession by representation, the division of the state shall be made per stirpes. In such manner that the representative or representatives shall not inherit more than what the person they represent would inherit, if he were living or could inherit.

Classifications of Inheriting -

  1. Per Stirpes - Inheritance by group, with everyone in the group inheriting in equal shares.This answers the division of the inheritance. The entire group splits what the represented would have inherited.
    1a. Per Capita - Per capita means that the beneficiary’s inheritance would be divided evenly amongst any surviving beneficiaries. No representation.
  2. By Representation or Own Right - This answers the question of how the person inherits in the first place.

Representation of Collateral line (975) -

  1. Nephews & Nieces - If the children of one or more brothers or sisters of the deceased survive with their uncles and aunts they shall inherit from the deceased by representation.
  2. If the children alone survive, they shall inherit in equal portions.

Scope - Applies in all cases where representation is proper, even if it only says predecease.

Right of Renouncer to Represent (976) - A person may represent him whose inheritance he has renounced.

Repudiating Heirs (977) - Heirs who repudiate their share may not be represented.

Rule - A renouncer may represent, but they may not be represented.

Rationale - Because the circumstances are different. A renouncer for motives of his own, does so voluntarily. His act of repudiation takes away his right to dispose of the property — dispossesses indeed his children of that which could have gone down to them.

Note that repudiation is an act of disposition. In cases of incapacity or disinheritance however, the loss is involuntary. The children of the incapacitated or disinherited person should not be deprived of the right of representation. They should not suffer for having an unworthy parent. They should indeed be sympathized with.

Definition - It is succession which takes place, IN DEFAULT OF, a valid will.

-Intestacy is the least preferred/important among the three modes of succession, but is the most common.
-This is the most frequent kind of succession which operates, after compulsory succession, because Filipinos rarely bother to make a will.

Scope - May be total or partial.

  1. Total - No testamentary disposition at all
  2. Partial - when the will disposes only a part of it.

Per Stirpes - Equal Shares

Biological & Adoptive parents share half and half of the estate of the adoptive child.

Representation by the Adopter - No representation because the relationship is between the adopter and the adoptee.

E. Order of Intestate Succession

Direct Line

Descending Direct Line (978-984) - Excludes ascendants & collaterals, concurs with illegitimate children & spouse.

Ascending Direct Line (985-987) - Inherits only if there are no legitimate descendants. Excludes collaterals, but concurs with spouse & Illegitimate Children.

Illegitimate Children Arts 989-994

Surviving Spouse (995-1002)

Collateral Relatives (1003-1010) - Intestate, but not compulsory heirs.

The State (1011-1014)

Order of Preference (978) Succession pertains in the first place to the descending line.

  1. Descendants
  2. Ascendants
  3. Collateral

Compulsory Heirs - General rule, the nearer excludes the farther. However, the other compulsory heirs i.e., surviving spouse, illegitimate children inherit together with the legitimate descendants.

Legitimate Children/Descendants (979) - Legitimate children & descendants succeed the parents/other ascendants without distinction, even if they come from different marriages.

Legitimated Children - This covers legitimate children i.e., children who are legitimated by subsequent marriage. The effect of legitimation of children who died before the celebration of marriage shall retroact and benefit their descendants (FC 181)

Adopted Child - Succeeds only the property of the adopting parents in the same manner as a legitimate child.

Portions of Inheritance (980) - The children of the deceased shall always inherit in their won right, dividing the inheritance in equal shares.

Grandchildren (981 - 982) - Grandchildren & other descendants shall inherit by right of representation.

Death of Descendant - the heirs of the deceased heir shall inherit his portion, to be divided in equal shares. In case there is concurrence of legitimate children with grandchildren inheriting by representation, the representers inherit the share of the predeceased/incapacitated heir.

Nephews & Nieces - When nephews/nieces survive alone (to the exclusion of brothers and sisters) they inherit in equal portions, per capita, in their own right.

Death of Adopted Child (984) - if the child has no children or descendants, his parents/relatives by CONSANGUINITY are his legal heirs.

Legitimacy (985) - This refers to parents and ascendants who are legitimate.

Illegitimate Children (983) - If concurring with legitimate children, same portion as Art.895 (1/2 of share of 1 LC)

Portions (986) - the father & mother inherit in equal shares. If one of them dies, the other succeeds the entire estate of the child as there is no right of representation in the ascending line.

Inheritance beyond Parents (987) - Only in default of the father & mother. The ascendants in the nearest degree shall inherit.

  1. Same Line - Divide the inheritance per capita
  2. Different Lines - If equal degree, 1/2 per line. Within the line, per capita division.

Inheritance of Whole Estate (988) - In the absence of legitimate DESCENDANTS OR ASCENDANTS, the illegitimate children succeeds the entire estate.

Representation of Illegitimate Child (989) - Applies also in case of incapacity. Here, descendants of illegitimate child succeed by right of representation.

Transmission of Hereditary Rights (990) - Hereditary rights under 988-989 is transmitted upon their death to their descendants, who shall inherit by right of representation.

Concurring with legitimate ascendants (991) - 1/2 each. This is different from legitimes where 1/2 - 1/4 proportion.

Partial Intestacy - Charge the legacies, etc. to the intestate shares of those given by the law (on intestate succession) MORE than their respective legitimes, without however impairing said legitimes. Moreover, the charging must be PROPORTIONATE to the amount in the intestate share over and above that given by law as LEGITIME.”

Barrier to Inheritance (992) - Illegitimate children cannot inherit from legitimate children and other relatives of the father/mother. Same persons cannot inherit from the illegitimate child.

Inheritance by Illegitimate Parents (993) - Father or mother shall succeed to the entire estate of the illegitimate child. If both, inherit in equal portions.

Inheritance of Entire Estate (995) - Inherits the entire estate without prejudice to rights of brothers/sisters nephews/nieces in the absence of any:

  1. Legitimate - Descendants/ascendants
  2. Illegitimate - Children/descendants

Inheritance by Spouse (994) -

  1. Surviving Spouse alone - Entire estate
  2. If with illegitimate brothers/sisters/nephews & nieces - 1/2

Concurring with Legitimate Descendants (996) - inherits in the same portion as one child.

  • If only one child, both gets equal intestate shares.

Concurring with Legitimate Ascendants (997) - 1/2 each.

Concurring with Illegitimate Children (998) - 1/2 each.

Concurring with Illegitimate Children & Legitimate Children (999) - Same share as a legitimate child. Here, divide entire estate by LC, with 1/2 of 1 LC being the share of 1 IC.

Concurring with Legitimate Ascendants & Illegitimate children (1000) - Same as child.

  1. Legitimate ascendants - 1/2
  2. Surviving spouse - 1/4
  3. Illegitimate children - 1/4

Concurring with Siblings (and children of sibligngs (1001) -

  1. Spouse - 1/2
  2. Brothers/Sisters - 1/2

Effect of Legal Separation (1002) - If the surviving
spouse gave cause for the separation, he or she shall not have any of the rights granted in the preceding articles. Must be by final decree.

Inheritance of the Entire Estate (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

Proportions (1004) - Inherit in equal shares if they are sole survivors.

Concurring with nephews & Nieces (1005) -

  1. Brothers/Sisters - Inherit Per capita
  2. Nephews/Nieces (children of brothers/sisters of hte full blood) - Inherit per stirpes.

Half-Blood-Full Blood (1006) - If brothers/sisters concurring, then:

  1. Full Blood - Double of half-blood
  2. Half Blood - Half of full blood.

Half Blood Siblings from Both Sides (1007) - All inherit in equal shares.

Nephews & Nieces of Half Blood (1008) - Inherit according tot he rules in Art. 1005.

Other Collateral Relatives (1009) - Succeeds in the absence of any other heirs, including siblings/nephews & nieces. Here, entire estate, and succeeds without preference.

Limitation of Right to Inherit (1010) - Only up to the 5th degree, children of first cousins.

When Inheriting (1011) - In default of ALL heirs.

How Inheriting (1012) - Must comply with escheat proceedings under Rule 91 of the Rules of Court.

Distribution of the Estate (1013) -

  1. First, payment of debts & charges.
  2. Assignment of Property- Personal property to municipality/city where deceased last resided. Real property, where they are situated.
  3. Assignment of Estate - depends if deceased resided. If never, then the whole estate shall be assigned to the respective municipalities/cities where the same is located.

Establishment of Trust - Court may motu proprio or at the instance of an interested party order the establishment of a permanent trust, sot hat only the income from the property shall be used.

Purpose of Estate -for the benefi t of public schools,
and public charitable institutions and centers, in such mu nicipalities or cities. The court shall distribute the estate as the respective needs of each benefi ciary may warrant

Filing of a claim by Legal Heir (1014) - If a person legally entitled to the estate of the deceased appears and files a claim within five years from the date the property was delivered to the State,

  1. such person shall be entitled to the possession of the same,
  2. or if sold, the municipality or city shall be ac countable to him for such part of the proceeds as may not have been lawfully spent

Reserva Troncal (891)

Purpose -

  1. Principal Purpose – to prevent the patrimony of a family from passing, through the accident of succession, to outsiders, enriching them at the expense of members of the family of origin who might be more economically disadvantaged
  2. Secondary Purpose – to pay homage to the affinity that the property has for its origin and to the family’s patrimony.

Requisites -

  1. GRATUITOUS ACQUIRED - That the property was acquired by a descendant from an ascendant or from brother or sister by GRATUITOUS TITLE
  2. DEATH/ISSUE - That the said descendant died without an issue
  3. INHERITED - That the property was inherited by another ascendant by operation of law (NOT testamentary succession)
  4. RELATIVES 3rd Degree - That there are relatives within the third degree belonging to the line from which said property came.

Transfers -

  1. First transfer – from a person to his descendant, brother or sister through gratuitous title, reducible either to donation or succession.
  2. Second transfer – from descendant to ascendant other than the prior transferor (Here, reserva is created)
  3. Third transfer – from the ascendant to the relatives within the third degree belonging to the line from which said property came.

Effect (Sienes v. Esparcia) - Creates (2) resolutory conditions

  1. The death of the ascendant obliged to reserve
  2. The survival, at the time of his death, of relatives within the third degree belonging to the line from which the property came

Persons Involved -

  1. Mediate source – the ascendant, or brother or sister, from whom the property was received by the descendant by gratuitous title
  2. Propositus – descendant who received the property, and who must die so that the ascendant inherits by operation of law. (Arbiter of the reserva, can prevent it from happening)
  3. Reservista/Reservor – ascendant who obtained the property from the prepositus by operation of law
  4. Reservee – relative within the third degree from the prepositus and from the line from which the property came and who the property should be reserved for.

Order of Preference among Reservetarios (Padura v. Baldovino) - the reservable property should pass, not to all the reservatarios as a class, but only to those nearest in degree to the descendant prepositus excluding those of more remote degree.

  • Reserva troncal merely determines the group of relatives to whom the property should be returned, but within that group, the individual right to the property should be decided by the applicable rules of ordinary intestate succession.

Duty of Registration (Sumaya v. IAC) - Resrervor has the duty to reserve and duty to annotate the reservable character of the property.

Extinguishment -

  1. Death of ascendant – since he is obliged to reserve, his death terminates the reservation.
  2. Death of all relatives within 3 degree from line of property - active subject disappears
  3. Loss of the things by causes not imputable to reservista –but eminent domain and insurance are considered then reservable
  4. Renunciation by the reservatarios - if made after the death of the reservista with age and capacity and only to extent of share of person renouncing, thus, to extinguish reserva itself, it must be renounced by all reservatarios.
  5. Registration under Torrens as Free - if registered with omission of reservable character, it is extinguished.

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R3LO -
GOAL

No waiver of future/inchoate rights

RESERVA-MAXIMA AND RESERVA MINIMA - a problem will arise these elements concur:

  1. The Prepositus acquires property by gratuitous title from the origin or mediate source
  2. The Prepositus has other properties of his own (which he did not acquire from the mediate source)
  3. The Prepositus makes a will instituting the ascendant-reservista, as a compulsory heir, to a part of his estate
  4. There is a mixture of properties left in the Prepositus’ estate (from mediate source and those of his own), which will
    pass to the ascendant-reservista by operation of law
  • Thus, the properties will pass to the reservista by will and by operation of law

When Instetacy is Proper (960)

  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.

Reserva Maxima - As much of the potentially reservable property as possible must be deemed included in the part that passes by operation of law

Reserva Minima - Every single property in the Prepositus’ estate must be deemed to pass, partly by will and partly by operation of law, in the same proportion that the part given by will bears to the part not so given

Legitimacy -

  1. If the person to be represented is an illegitimate child, then his descendants, whether legitimate or illegitimate, may represent him;
  2. however, if the person to be represented is legitimate, his illegitimate ascendants cannot repre- sent him because the law provides that only his leg

XCPN (Suntay v. IAC) - If, illegitimate grandchild is adopted.

Repudiation - If descendants of illegitimate child repudiate, then cannot inherit in their own right due to iron curtain rule.

Example - A is the father of B, B has two children, illegitimate C, legitimate child D. If B repudiates, then:

  1. Illegitimate si B - C and D can
  2. Legitimate si B - C barred by iron curtain

No more iron curtain rule Children, regardless of their parents' marital status, can now inherit from their grandparents and other direct ascendants by right of representation

Relatives that can be reservatarios:

  1. Brothers or sisters
  2. Nephews or nieces
  3. Uncles and aunts
  4. Grandparents (if they are still living, and no legitimate descendants

Step-Parents - Don't inherit anything from the step parents.

Representation - 992 only bars direct inheritance, but they can inherit by representation to relatives through representation.