Please enable JavaScript.

Coggle requires JavaScript to display documents.

LEGAL OR INTESTATE SUCCESSION - Coggle Diagram

- - - - REPRESENTATIVE MOVES UP TO PLACE AND DEGREE OF REPRESENTED
        Article 970. Representation 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. (942a)
        
        DIRECT DESCENDING LINE ONLY
        FOR RIGHT OF REPRESENTATION
        Article 972. The right of representation takes place in the direct descending line, but never in the ascending.
        
        REPRESENTATIVE SUCCEEDS THE DECEDENT, NOT THE REPRESENTED
        Article 971. The representative is called to the succession by the law and not by the person represented. The representative does not succeed the person represented but the one whom the person represented would have succeeded. (n)
        
        REPRESENTED MUST BE CAPACITATED TO SUCCEED DECEDENT
        Article 973. In order that representation may take place, it is necessary that the representative himself be capable of succeeding the decedent. (n)
        
        PER STIRPES IN REPRESENTATION
        Article 974. Whenever there is succession by representation, the division of the estate 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. (926a)
        
        REPRESENTATIVE MAY REPUDIATE REPRESENTED'S ESTATE BUT STILL REPRESENT IN DECEDENT'S ESTATE
        Article 976. A person may represent him whose inheritance he has renounced. (928a)
        
        2 more items...
        
        Visual
        A (Decedent)
        I
        B (Represented)
        I
        C (Representative)
        C is incapacitated to succeed B but may still inherit from A.
        
        FOR COLLATERAL, ONLY UNTIL NEPHEWS/NIECES
        In the collateral line, it takes place only in favor of the children of brothers or sisters, whether they be of the full or half blood. (925)
        
        SOME BROS & SIS ALIVE, NEPHEWS & NIECES REPRESENT
        ALL BROS & SIS DEAD, NEPHEWS & NICES INHERIT EQUALLY
        Article 975. When children of one or more brothers or sisters of the deceased survive, they shall inherit from the latter by representation, if they survive with their uncles or aunts. But if they alone survive, they shall inherit in equal portions. (927)
        
        RIGHT OF REPRESENTATION ONLY UNTIL CHILDREN OF BROTHERS & SISTERS, EXCLUDING GRAND NEPHEWS-NIECES
        in the collateral lines, representation in intestate succession takes place only in favor of the children of brothers and sisters, whether they be of the full or half blood. (Art. 972, Civil Code).
        It takes place only in favor of the children of brothers and sisters (nephews and nieces). It cannot be exercised by grand-nephews and grandnieces. (Delgado Vda. de Dela Rosa v. Heirs of Marciana Rustia Vda. de Damian, 480 SCRA 334 [2006]).
    - - SERIES OF DEGREES = 1 LINE
        Article 964. A series of degrees forms a line, which may be either direct or collateral.
        
        DIRECT LINE =
        ASCENDANTS & DESCENDANTS
        A direct line is that constituted by the series of degrees among ascendants and descendants.
        
        COLLATERAL LINE = NOT ASCENDANTS & DESCENDANTS (STILL COMMON ANCESTOR)
        A collateral line is that constituted by the series of degrees among persons who are not ascendants and descendants, but who come from a common ancestor. (916a)
        
        DESCENDING LINE CONNECTS ONE TO HIS DESCENDANTS
        ASCENDING LINE CONNECTS THE PERSON TO HIS ASCENDANTS
        Article 965. The direct line is either descending or ascending.
        The former unites the head of the family with those who descend from him.
        The latter binds a person with those from whom he descends. (917)
        
        COMMON ANCESTOR RULE = ART. 966
        Article 966. In the line, as many degrees are counted as there are generations or persons, excluding the progenitor.
        In the direct line, ascent is made to the common ancestor. Thus, the child is one degree removed from the parent, two from the grandfather, and three from the great-grandparent.
        In the collateral line, ascent is made to the common ancestor and then descent is made to the person with whom the computation is to be made. Thus, a person is two degrees removed from his brother, three from his uncle, who is the brother of his father, four from his first cousin, and so forth. (918a)
        
        FULL BLOOD = SAME MOM AND DAD
        HALF BLOOD = ONE SAME MOM OR DAD
        Article 967. Full blood relationship is that existing between persons who have the same father and the same mother.
        Half blood relationship is that existing between persons who have the same father, but not the same mother, or the same mother, but not the same father. (920a)
        
        1 more item...
  - - - ASCENDING DIRECT LINE
        
        ILLEGITIMATE CHILDREN
        
        SURVIVING SPOUSE
        
        COLLATERAL RELATIVES
        
        THE STATE
        
        Article 1011. In default of persons entitled to succeed in accordance with the provisions of the preceding Sections, the State shall inherit the whole estate. (956a)
        
        1 more item...
        
        COLLATERAL ALONE = ALL
        Article 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 in accordance with the following articles. (946a)
        
        ALL FULL BROS & SIS = EQUAL
        Article 1004. Should the only survivors be brothers and sisters of the full blood, they shall inherit in equal shares. (947)
        
        1 more item...
        
        NO LEGITIME TO BE IMPAIRED
        [NOTE: Although it is a fact that brothers and sisters of a decedent, and their children, are collateral heirs, they are not given any share in the inheritance if there is a will instituting the widow as the sole heir of the estate. (Fuentes v. Cruz, 35 O.G. No. 103, p. 1813).].
        
        SS ALONE = ALL
        Article 995. In the absence of legitimate descendants and ascendants, and illegitimate children and their descendants, whether legitimate or illegitimate, the surviving spouse shall inherit the entire estate, without prejudice to the rights of brothers and sisters, nephews and nieces, should there be any, under article 1001. (946a)
        
        SS 1/2
        
        LC/D 1/2
        Article 996. If a widow or widower and legitimate children or descendants are left, the surviving spouse has in the succession the same share as that of each of the children. (834a)
        
        SS 1/2
        
        LP/A 1/2
        Article 997. When the widow or widower survives with legitimate parents or ascendants, the surviving spouse shall be entitled to one-half of the estate, and the legitimate parents or ascendants to the other half. (836a)
        
        2 more items...
        
        1 SS - 1/2
        
        1 LC - 1/2
        In the precedent-setting case of Eusebio Erazo v. Ana Julia Hansen (CA-GR 30036-R, June 24, 1963), the Court of Appeals held that in intestate succession, if the heirs be the surviving spouse and ONE legitimate child, they will get EQUAL shares, the clear intent of the law being to consider the surviving spouse as a child. Anent the fact that Art. 996 says “children,” and not “one legitimate child,” the court applied the rule of statutory construction to the effect that the plural includes the singular. This ruling was in effect upheld by the Supreme Court in Claro Santillon v. Perfecta Miranda, et al., L-19281, June 30, 1966. The Court in this case also held that the article on the legitime (Art. 892) cannot apply in this particular case of intestate succession.
        
        1 more item...
        
        COMMON LAW SPOUSES NOT INCLUDED
        The surviving spouse must be legitimate, for common law marriages are not recognized in the Philippines. (Paras)
        
        SPOUSE'S SHARE IN INTESTACY IS SAME WHETHER OR NOT IN ARTICULO MORTIS
        “The purpose of Art. 900, par. 2, which provides for the legitime of the surviving spouse in case of marriage in articulo mortis where the testator died within three months after the marriage, is to forestall the possibility of marriage with some ulterior motive. In other words, a person may marry another who is on the verge of death, and take advantage of that circumstance. In intestate succession, however, the law makes no distinction with respect to the circumstances surrounding the celebration of the marriage, because the possibility of undue pressure and influence in the making of a will is eliminated, and the surviving spouse inherits by operation of law.” (Memorandum to the Joint Congressional Committee on Codifi cation, Feb. 22, 1951).
        
        INTESTACY APPLIES IF NO WILL
        LEGITIMES APPLY IF THERE IS A WILL
        This goes to show that while the provisions on intestacy operates in the absence of a will, the provisions on legitimes presumes there is a will.
        
        IC GETS ALL
        
        NO LC/D
        
        NO LP/A
        Article 988. In the absence of legitimate descendants or ascendants, the illegitimate children shall succeed to the entire estate of the deceased. (939a)
        
        IC SUCCEED IN THEIR OWN RIGHT WHILE
        IGC SUCCEED VIA REPRESENTATION
        Article 989. If, together with illegitimate children, there should survive descendants of another illegitimate child who is dead, the former shall succeed in their own right and the latter by right of representation. (940a)
        
        HEREDITARY RIGHTS TRANSMITTED TO IGC VIA REPRESENTATION
        Article 990. The hereditary rights granted by the two preceding articles to illegitimate children shall be transmitted upon their death to their descendants, who shall inherit by right of representation from their deceased grandparent. (941a)
        
        LA 1/2
        
        IC 1/2
        Article 991. If legitimate ascendants are left, the illegitimate children shall divide the inheritance with them, taking one-half of the estate, whatever be the number of the ascendants or of the illegitimate children. (942, 841a)
        
        2 more items...
        
        "DESCENDANTS" INCLUDE BOTH LC & IC
        A died
        B & C are illegitimate children of A.
        C is LC of B.
        D is IC of B.
        E is LC of E.
        When B dies, C and D both inherit though their legitimacy differs.
        "Descendants" aren't distinguished.
        
        IC EXCLUDE BROS AND SIS
        Brothers and sisters do not concur with recognized illegitimate children of the deceased. In fact, the former are EXCLUDED by the latter. (See also Arts. 1003 and 988; Cacho v. Udan, L-19996, Apr. 30, 1965).
        
        ASCENDANTS INHERIT IF NO DESCENDANTS
        Article 985. In default of legitimate children and descendants of the deceased, his parents and ascendants shall inherit from him, to the exclusion of collateral relatives. (935a)
        
        MOM & DAD INHERIT EQUALLY
        Article 986. The father and mother, if living, shall inherit in equal shares.
        LONE PARENT GETS FULL
        Should one only of them survive, he or she shall succeed to the entire estate of the child. (936)
        
        NEAREST EXCLUDES THE FARTHER
        Article 987. In default of the father and mother, the ascendants nearest in degree shall inherit.
        
        SAME SIDE & EQUAL DEGREE
        a. PER CAPITA
        
        DIFF SIDE & EQUAL DEGREE
        a. 1/2 BETWEEN PATERNAL & MATERNAL
        b. THEN PER CAPITA
        Should there be more than one of equal degree belonging to the same line they shall divide the inheritance per capita; should they be of different lines but of equal degree, one-half shall go to the paternal and the other half to the maternal ascendants. In each line the division shall be made per capita. (937)
      - DIRECT DESCENDING LINE IS FIRST PLACE
        Article 978. Succession pertains, in the first place, to the descending direct line. (930)
        
        LEGITIMATE SUCEED WITHOUT DISTINCTION AS TO SEX OR AGE
        Article 979. Legitimate children and their descendants succeed the parents and other ascendants, without distinction as to sex or age, and even if they should come from different marriages.
        
        ADOPTED SUCCEEDS LIKE A LEGITIMATE
        (to a degree)
        An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child. (931a)
        
        CHILDREN OF DECEDENT ALWAYS INHERIT IN THEIR OWN RIGHT IN EQUAL SHARES
        Article 980. The children of the deceased shall always inherit from him in their own right, dividing the inheritance in equal shares. (932)
        
        WHEN CHILDREN & GRANDCHILDREN INHERIT TOGETHER, THE FORMER INHERIT IN THEIR OWN RIGHT WHILE LATTER BY REPRESENTATION
        Article 981. Should children of the deceased and descendants of other children who are dead, survive, the former shall inherit in their own right, and the latter by right of representation. (934a)
        
        PER STIRPES RULE = ART. 982
        Article 982. The grandchildren and other descendants shall inherit by right of representation, and if any one of them should have died, leaving several heirs, the portion pertaining to him shall be divided among the latter in equal portions. (933)
        
        3 more items...
        
        "LEGITIMATE" INCLUDES "LEGITIMATED"
        The term “legitimate” includes “legitimated.” Children who are legitimated by subsequent marriage shall enjoy the same rights as legitimate children. (See Arts. 178 and 179, Family Code).
        
        LEGITIMATION RETROACTS TO CHILD'S BIRTH
        The effects of legitimation shall retroact to the time of the child’s birth. (Art. 180, Family Code). The effects of legitimation of children who died before the celebration of the marriage shall benefi t their descendants. (Art. 181, Family Code).
  - - - NEARER EXCLUDES MORE REMOTE
        Article 962. In every inheritance, the relative nearest in degree excludes the more distant ones, saving the right of representation when it properly takes place.
        
        SAME DEGREE = EQUAL SHARE
        Relatives in the same degree shall inherit in equal shares,
        
        EXCEPT BETWEEN FULL & HALF-BLOODS
        subject to the provisions of article 1006 with respect to relatives of the full and half blood,
        
        and of article 987, paragraph 2, concerning division between the paternal and maternal lines. (912a)
        
        Article 987. In default of the father and mother, the ascendants nearest in degree shall inherit.
        Should there be more than one of equal degree belonging to the same line they shall divide the inheritance per capita; should they be of different lines but of equal degree, one-half shall go to the paternal and the other half to the maternal ascendants. In each line the division shall be made per capita. (937)
        
        DIRECT LINE STILL PREFERRED OVER COLLATERAL LINE
        Direct line is preferred over the collateral line.
        Grandfather preferred over Brother
        (Equidistant but Grandfather is direct line)
- - - - RELATIVES OF THE 4TH DEGREE MAY NEVER BE RESERVEES
        Therefore, relatives of the fourth and the succeeding degrees can never be considered as reservatarios, since the law does not recognize them as such.
        
        RATIONALE: RESERVA TRONCAL IS PERSONAL AND FOR EXCLUSIVE BENEFIT OF RELATIVES WITHIN 3RD DEGREE
        The right granted by the Civil Code in Art. 891 is in the highest degree personal and for the exclusive benefit of designated persons who are the relatives, within the third degree, of the person from whom the reservable property came.
    - - IN TESTAMENTARY PROVISIONS TO RESERVOR, RESERVA MINIMA
        ...Only 1/2 went to the propositus, A. A gave his entire estate via testamentary disposition to SS, who still receives his legitime in his capacity as compulsory heir. Thus, his legitime as sole ascendant is half of the estate of X. 1/2 x 1/2 = 1/4 received as legitime.
        The 1/4 is that which passed both by gratuitous title from the origin to the propositus and passed from propositus to reservor by operation of law. This is the reservable property
  - - - WITHIN 90 DAYS AFTER RESERVEE'S DEATH
        
        BUYER MAY ANNOTATE IF NOT ANNOTATED
        
        90 DAYS AFTER RESERVEE'S DEATH
        
        RESERVEE'S RIGHT TO COMPEL ANNOTATION FROM BUYER NOT IN GF