Succession Prelim Reviewer 1
Succession Prelim Reviewer 1
SUCCESSION REVIEWER
PRELIMS REVIEWER
2019 - 2020
JOSE RIZAL
UNIVERSITY
SUCCESSION In GENERAL, ALL OBLIGATIONS ARE TRANSMISSIBLE unless
SUCCESION – A mode of acquisition by virtue of which the PURELY PERSONAL OR NON-TRANSFERABLE BY LAW OR
property, rights and obligations to the extent of the value of the CONTRACT;
inheritance, of a person are transmitted through his death to another ***Children of a decedent CANNOT BE HELD PERSONALLY
or others either by his will or by operation of law; (ARTICLE 774) LIABLE with their own individual properties, despite substitution in
a case of their deceased father. The remedy of the creditor is to
DECEDENT – A general term applied to person whose property is proceed against the estate of the deceased father;
transmitted through succession, whether or not he left a will; IF HE ***MONEY DEBTS ARE NOT INHERITED AT ALL; That while the
LEFT A WILL, he is also called TESTATOR. (ARTICLE 775) debts of the deceased still remain unpaid, no residue may be divided
among the heirs, legatees, and devisees. Indeed, the court may
***INTESTATE – If there is no will; order the sale of sufficient property for the satisfaction of the debts
and the heirs cannot question this. Such a step is necessary for the
eventual partition of the estate. No residue may also be divided
WHAT ARE INCLUDED IN INHERITANCE? – It includes ALL
among the creditors of said heirs without first settling the debts of
THE PROPERTY, RIGHTS AND OBLIGATIONS of a person which
the deceased.
are not extinguished by his death; (ARTICLE 776)
***A creditor of an HEIR (who is not the creditor of the DECEASED),
and ALSO those which have accrued thereto SINCE THE OPENING
who intervenes in the estate proceedings, cannot therefore ask the
OF THE SUCCESSION; (ARTICLE 781).
court to sell the properties which the HEIR-DEBTOR expects to
receive. This is because the debts of the DECEASED himself must
EXAMPLE OF RIGHTS EXTINGUISHED BY DEATH:
first be paid. Then and only then can we determine if there is a
Right to Claim acknowledgement or recognition as a natural
sufficient residue left for the HEIRS or for the HEIRS’ CREDITORS;
child;
Right to hold public office or private office or job;
SAMPLE CASE:
Personal Rights;
FACTS: A has a child B who has a child C. B is indebted to a
stranger, but dies before he pays the same. A then died, leaving C
EXAMPLE OF RIGHTS NOT EXTINGUISHED BY DEATH: as heir. In A’s intestate proceedings, the stranger presents his claim
Right to bring or continue an action for forcible entry or for the credit.
unlawful detainer; QUESTION: Is C bound to pay for the debt, or will A’s estate
Right to cancel the execution of a document necessary for answer, or will no one be held responsible?
convenience; ANSWER: Neither A’s estate nor C is liable, for neither contracted
Right to continue a lease contract either as lessor or lessee; the debt, nor may it be said that C is inheriting from B — for the
UNLESS otherwise provided in the contract; truth is, C in the case presented, is inheriting only from A. Therefore,
the creditor-stranger must shoulder the loss himself.
OBLIGATIONS NOT EXTINGUISHED BY DEATH;
JOSE RIZAL
UNIVERSITY
#GOALDIGGERS
WHEN RIGHTS TO SUCCESSION IS TRANSMITTED: AT THE HEIRS, LEGATEES AND DEVISEES; (ARTICLE 782)
MOMENT OF THE DEATH OF THE DECEDENT; 1. HEIR – a person called to the succession either by the provision of
2 KINDS OF PRESUMPTION OF DEATH: a will or by operation of law;
ORDINARY – An absentee shall be presumed dead for the a. 2 KINDS:
i. COMPULSORY – an heir called by law to succeed to a
purposes of opening his succession – AT THE END OF 10
portion of the testator’s estate known as the LEGITIME;
YEARS or 5 YEARS (in case he disappeared after the age of
ii. VOLUNTARY - an heir called to succeed to the whole or
75); an aliquot part of the disposable free portion of the
EXTRAORDINARY – Under Article 391, the following shall hereditary estate by virtue of the will of the testator
be PRESUMED DEAD FOR ALL PURPOSES including the ***In LEGAL OR INTESTATE SUCCESSION, all heirs are called
division of the estate; LEGAL or INTESTATE HEIRS;
o A person on board a vessel lost during a sea voyage, or an 2. DEVISEES – a person to whom a gift of real property is/are given
aeroplane which is missing, who has not been heard of for by virtue of a will;
four years since the loss of the vessel or aeroplane; 3. LEGATEES - a person to whom a gift of personal property is/are
o A person in the armed forces who has taken part in war, given by virtue of a will;
and has been missing for four years; ***Devises and Legacies can only be charged against the
o A person who has been in danger of death under other disposable free portion;
circumstances and his existence has not been known for
four years. DISTINGUISH
***SUCCESSION REALLY TOOK PLACE 4 YEARS BEFORE BUT
ACTUAL DIVISION OF THE ESTATE WILL ONLY BE AT THE END HEIRS DEVISES AND LEGACIES
OF 4 YEARS; Succeed to an indeterminate or Always succeed to individual items
aliquot portion of the decedent’s of property; succeed to particular
KINDS OF SUCCESSION: (ARTICLE 778) hereditary estate; succeed to title;
1. TESTAMENTARY – that which results from the designation of an universal title;
heir, made in a will executed in the form prescribed by law Succeed either by means of a will or Always succeed by means of a will;
(ARTICLE 779); by operation of law
May be done thru a will or a codicil;
May be NOTARIAL or HOLOGRAPHIC; VOLUNTARY HEIR DEVISES AND
It is PREFERRED than Legal or Intestate; LEGACIES
2. LEGAL OR INTESTATE; OR IN CASE OF INSTITUTION of HEIRS is VALID insofar as they
3. MIXED – that which is effected partly by will and partly by PRETERITION ANNULED ENTIRELY; are not inofficious or
operation of law; (ARTICLE 780) does not affect the
legitime of compulsory
heirs;
IN CASE OF INSTITUTION of HEIRS is VALID insofar as they
THE INSTITUTION OF HEIR MAY BE MADE: *** If the POTESTATIVE CONDITION imposed upon the
heir is NEGATIVE, or CONSISTS IN NOT DOING OR NOT
(a) WITH A CONDITION. (Arts. 871-877, 883-884) GIVING SOMETHING, he shall comply by giving a security
that he will not do or give that which has been prohibited by
the testator, and that in case of contravention he will return
The same shall be done if the heir does not give the security
EFFECT OF SUBSTANTIAL OR CONSTRUCTIVE COMPLIANCE required in the preceding article. (ARTICLE 880).
Substantial or constructive compliance (“tried his best”) is sufficient
for potestative conditions; it is also suffi cient for mixed conditions LEGITIME (ARTICLE 886 – 914)
when non-fulfi llment is caused by a person interested in the non- LEGITIME – that part of the testator’s property which he cannot
fulfi llment. In other cases however, there must be actual, not dispose of because the law has reserved it for certain heirs;
merely constructive compliance. (ARTICLE 886);
PURPOSE OF THE LEGITIME
(b) WITH A TERM. (Arts. 878, 880, 885). (a) To protect the children and the surviving widow or widower from
***Disposition with a suspensive term does not the unjustifi ed anger or thoughtlessness of the other spouse — this
prevent the instituted heir from acquiring his rights and is the purpose of the legitime.
transmitting them to his heirs EVEN BEFORE THE ARRIVAL OF (b) If there are no compulsory heirs, it follows that there can be no
THE TERM; (ARTICLE 878); legitime.
A SUSPENSIVE TERM is one that MERELY SUSPENDS the (c) Legitime may be received from two aspects: first as a right; and
DEMANDABILITY OF A RIGHT. It is sure to happen. A suspensive second, as the property itself. This means that when a person refers
condition however suspends, not merely the demandability, but even to his legitime from his father, he talks either of the right to succeed
the acquisition itself of the right. to a certain portion of the inheritance; or he may be referring to the
actual property itself.
(c) FOR A CERTAIN PURPOSE OR CAUSE (modal institution). (d) The testator cannot deprive his compulsory heirs of their
(Arts. 871, 882 and 883). legitime, except in cases expressly specified by law. Neither can he
The modal institution is not a condition (Art. 881, 1st par.) but impose upon the same any burden, encumbrance, condition, or
when and if it is violated, the instituted heir is supposed to forfeit the substitution of any whatsoever (Art. 904), except, of course, the
inheritance; to return indeed anything he may have received
1/4
1/2 1/2 FREE PORTION 1/2 It is the process or act, thru a testamentary disposition of
1/4 depriving in a will any compulsory heir of his legitime for true and
lawful causes;
***BROTHERS AND SISTERS ARE NOT COMPULSORY HEIRS; ***There is no implied disinheritance; must be EXPRESSED;
***Rights of illegitimate children are transmitted upon their death to grounds for disinheritance should be stated;
their descendants, whether legitimate or illegitimate; (ARTICLE
902) REQUISITES FOR DISINHERITANCE;
***No deprivation of or burden on the legitime; (ARTICLE 904) 1. Expressly made in a will;
***LEGITIME = VALUE OF THE PROPERTY – DEBTS AND 2. In the valid will, the name of the compulsory heir must be
CHARGES; (ARTICLE 908, 1ST PAR.) identified;
***NET VALUE OF ESTATE = VALUE OF THE PROPERTY – 3. State the ground/s for disinheritance;
DEBTS AND CHARGES + VALUE OF ALL DONATIONS BY THE 4. Grounds must be provided by law
TESTATOR (ARTICLE 908, 2ND PAR.) 5. The heirs alleging that there is disinheritance must prove
the disinheritance;
ANSWER
(a) In order that the property shall be considered as reservable under Art. 891 of WHEN CAN THE RESERVATARIO ACQUIRES RIGHT OVER
the Civil Code, it is necessary that the following requisites must concur: THE RESRVABLE PROPERTY/RESERVA?
(1) The property should have been inherited by operation of law by an ***Upon (1) the death of the ascendant reservista, and (2) the
ascendant from his descendant upon the death of the latter; survival, at the time of his death, of relatives of the descendant-
(2) the property should have been previously acquired by gratuitous title propositus who are within the third degree and who belong to the
by the descendant from another ascendant or from a brother or sister; and
(3) the descendant should have died without any legitimate issue in the
line from which the reservable property came.
direct descending line who could inherit from him. It is clear that all of these ***Upon the death of the reservista, the reservatario nearest the
requisites are present in the instant case. propositus becomes, AUTOMATICALLY AND BY OPERATION OF
Consequently, when H died in 1952, and the property passed by operation LAW, the absolute owner of the reservable property.
of law to his mother, C, it became reservable. In order words, C, who is the