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SUCCESSION

Succession Law governs the transfer of rights, properties, and obligations of a deceased person to his or her heirs or successors. The rules of succession are primarily contained in Book III, Title IV of the Civil Code of the Philippines (Republic Act No. 386).

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1. Types of Succession

  • Relevant Provisions: Articles 774-784 of the Civil Code

  • Description: Succession can be classified into three types:

    • Testamentary Succession: Occurs when there is a valid will executed by the decedent.

    • Intestate Succession: Takes place when a person dies without a will, or the will is declared invalid.

    • Mixed Succession: Combines both testamentary and intestate succession.

Leading Case: Madrigal v. Rafferty, G.R. No. L-12287 (1918) Factual Background: The case dealt with a conflict between heirs regarding the execution of the decedent’s will and the inclusion of certain properties. Ratio Decidendi: The Supreme Court reiterated that a valid will, as executed by the testator, should be respected in determining the distribution of the estate.

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2. Testate and Intestate Heirs

  • Relevant Provisions: Articles 887-904 of the Civil Code

  • Description: Heirs can be either:

    • Compulsory Heirs: Individuals who are entitled by law to inherit a portion of the estate, regardless of the will’s content (e.g., legitimate children, spouse).

    • Voluntary Heirs: Those named by the testator in the will, who are not compulsory heirs.

    • Intestate Heirs: Individuals who inherit in the absence of a valid will, as per the order of succession outlined by law.

Recent Case: Manansala v. Llamado, G.R. No. 236307 (2019) Factual Background: This case revolved around a dispute concerning the classification of heirs and the legitimacy of claims made by certain family members. Ratio Decidendi: The Court held that intestate heirs can only inherit if there are no surviving compulsory heirs, emphasizing that the law's order of succession must be strictly followed.

 

3. Wills

  • Relevant Provisions: Articles 784-837 of the Civil Code

  • Description: A will is a written document that expresses the testator’s wishes regarding the distribution of their estate after death. Wills must follow certain formalities to be valid, such as being signed in the presence of witnesses.

    • Holographic Will: A will entirely written, dated, and signed by the hand of the testator.

    • Notarial Will: A will executed in the presence of a notary public and witnesses.

Recent Case: Republic v. Guevara, G.R. No. 214358 (2020) Factual Background: This case involved a challenge to the validity of a holographic will due to alleged forgery. Ratio Decidendi: The Court ruled that the authenticity of a holographic will must be proven by clear and convincing evidence, upholding strict compliance with the legal formalities for its execution.

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4. Legitimes

  • Relevant Provisions: Articles 888-899 of the Civil Code

  • Description: Legitimes refer to the portion of the estate that must be reserved for compulsory heirs, such as children, surviving spouses, and, in some cases, ascendants.

  • Legitimate Children: Entitled to half of the estate if there is no will.

  • Illegitimate Children: Entitled to half of what legitimate children would receive.

Leading Case: Neri v. Akut, G.R. No. 202963 (2014) Factual Background: The case tackled the rights of illegitimate children to the legitime when a decedent’s estate was distributed. Ratio Decidendi: The Court held that illegitimate children are entitled to a portion of the legitime but receive half of what legitimate children are entitled to under the law.

 

5. Collation and Donation

  • Relevant Provisions: Articles 1061-1077 of the Civil Code

  • Description: Collation involves adding to the estate the value of donations made by the decedent during their lifetime to compute the legitime of compulsory heirs. The value of donations is deducted from the share of the heir who received them.

Leading Case: De Borja v. Court of Appeals, G.R. No. 152393 (2015) Factual Background: The case dealt with the issue of whether properties donated to one child during the decedent’s lifetime should be collated to the estate. Ratio Decidendi: The Supreme Court ruled that donations made during the decedent’s lifetime should be included in the computation of the estate to determine the rightful shares of all heirs.

 

6. Disinheritance

  • Relevant Provisions: Articles 915-922 of the Civil Code

  • Description: Disinheritance is the exclusion of a compulsory heir from receiving their legitime. It must be expressly stated in a valid will and based on legally valid grounds, such as maltreatment or crime committed against the testator.

Recent Case: Magno v. Salas, G.R. No. 228767 (2018) Factual Background: In this case, a parent disinherited one of his children for allegedly committing acts of violence against him. Ratio Decidendi: The Court ruled that disinheritance must be based on specific and valid grounds, and mere allegations without proof are insufficient to deprive an heir of their legitime.

 

7. Partition and Distribution of the Estate

  • Relevant Provisions: Articles 1078-1105 of the Civil Code

  • Description: Partition involves the division of the estate among the heirs. It may occur judicially or extrajudicially. If done judicially, the court oversees the proper division of the estate, ensuring that all heirs receive their respective shares.

Recent Case: Castro v. Estrada, G.R. No. 223716 (2020) Factual Background: This case involved a dispute over the extrajudicial partition of a decedent’s estate among siblings. Ratio Decidendi: The Supreme Court ruled that extrajudicial partition is valid as long as all heirs agree, and the proper share of each heir is respected, reaffirming the importance of following statutory rules for partition.

 

8. Executor and Administrator

  • Relevant Provisions: Articles 1058-1060 of the Civil Code

  • Description: An executor is named in a will to carry out its provisions, while an administrator is appointed by the court in cases of intestacy or invalidity of the will. Both are responsible for managing and settling the estate, ensuring that debts are paid, and distributing the remaining assets to the heirs.

Recent Case: Santos v. Santos, G.R. No. 245752 (2021) Factual Background: The case dealt with the dispute over the appointment of an administrator for the estate, where different parties claimed the right to manage the estate. Ratio Decidendi: The Supreme Court emphasized that the appointment of an administrator must be in the best interests of the estate and that the court has the discretion to appoint the most qualified person.

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