Atty. Eduardo T. Reyes, III
Wills and Succession
Civil Law Review 2
College of Law
University of San Agustin
Part 2
(Part 2.1 immediately follows)
Succession
From Article 892 to End of Succession
Article 892. If only one legitimate
child or descendant of the deceased survives, the widow or widower shall be
entitled to one-fourth of the hereditary estate. In case of a legal separation,
the surviving spouse may inherit if it was the deceased who had given cause for
the same.
Article 894. If the testator leaves
illegitimate children, the surviving spouse shall be entitled to one-third of
the hereditary estate of the deceased and the illegitimate children to another
third. The remaining third shall be at the free disposal of the testator. (n)
Article 895. The legitime of each of the
acknowledged natural children and each of the natural children by legal fiction
shall consist of one-half of the legitime of each of the legitimate children or
descendants.
The legitime of an illegitimate child who is
neither an acknowledged natural, nor a natural child by legal fiction, shall be
equal in every case to four-fifths of the legitime of an acknowledged natural
child.
The legitime of the illegitimate children
shall be taken from the portion of the estate at the free disposal of the
testator, provided that in no case shall the total legitime of such
illegitimate children exceed that free portion, and that the legitime of the
surviving spouse must first be fully satisfied. (840a)
Article 896. Illegitimate children who
may survive with legitimate parents or ascendants of the deceased shall be
entitled to one-fourth of the hereditary estate to be taken from the portion at
the free disposal of the testator. (841a)
Article 897. When the widow or widower
survives with legitimate children or descendants, and acknowledged natural
children, or natural children by legal fiction, such surviving spouse shall be
entitled to a portion equal to the legitime of each of the legitimate children
which must be taken from that part of the estate which the testator can freely
dispose of. (n)
Article 898. If the widow or widower
survives with legitimate children or descendants, and with illegitimate
children other than acknowledged natural, or natural children by legal fiction,
the share of the surviving spouse shall be the same as that provided in the
preceding article. (n)
Article 899. When the widow or widower
survives with legitimate parents or ascendants and with illegitimate children,
such surviving spouse shall be entitled to one-eighth of the hereditary estate
of the deceased which must be taken from the free portion, and the illegitimate
children shall be entitled to one-fourth of the estate which shall be taken
also from the disposable portion. The testator may freely dispose of the
remaining one-eighth of the estate. (n)
Article 900. If the only survivor is the
widow or widower, she or he shall be entitled to one-half of the hereditary
estate of the deceased spouse, and the testator may freely dispose of the other
half. (837a)
If the marriage between the surviving spouse
and the testator was solemnized in articulo mortis, and the testator died
within three months from the time of the marriage, the legitime of the
surviving spouse as the sole heir shall be one-third of the hereditary estate,
except when they have been living as husband and wife for more than five years.
In the latter case, the legitime of the surviving spouse shall be that
specified in the preceding paragraph. (n)
Article 901. When the testator dies
leaving illegitimate children and no other compulsory heirs, such illegitimate
children shall have a right to one-half of the hereditary estate of the
deceased.
The other half shall be at the free disposal
of the testator. (842a)
Article
902. The rights of illegitimate children set forth in the preceding
articles are transmitted upon their death to their descendants, whether
legitimate or illegitimate. (843a)
Comment: See Art. 992
Article 903. The legitime of the parents
who have an illegitimate child, when such child leaves neither legitimate
descendants, nor a surviving spouse, nor illegitimate children, is one-half of
the hereditary estate of such illegitimate child. If only legitimate or
illegitimate children are left, the parents are not entitled to any legitime
whatsoever. If only the widow or widower survives with parents of the
illegitimate child, the legitime of the parents is one-fourth of the hereditary
estate of the child, and that of the surviving spouse also one-fourth of the
estate. (n)
Article 904. The testator cannot deprive
his compulsory heirs of their legitime, except in cases expressly specified by
law.
Neither can he impose upon the same any
burden, encumbrance, condition, or substitution of any kind whatsoever. (813a)
Article 905. Every renunciation or
compromise as regards a future legitime between the person owing it and his
compulsory heirs is void, and the latter may claim the same upon the death of
the former; but they must bring to collation whatever they may have received by
virtue of the renunciation or compromise. (816)
-Note that under Art 777, it is only from the
moment of death that rights to the succession are acquired and vested. Before
the death of the decedent, the right is only a mere inchoate right. Thus,
waiver of future inheritance is void.
Article 906. Any compulsory heir to whom
the testator has left by any title less than the legitime belonging to him may
demand that the same be fully satisfied. (815)
Article 907. Testamentary dispositions
that impair or diminish the legitime of the compulsory heirs shall be reduced
on petition of the same, insofar as they may be inofficious or excessive. (817)
Article 908. To determine the legitime,
the value of the property left at the death of the testator shall be
considered, deducting all debts and charges, which shall not include those
imposed in the will.
To the net value of the hereditary estate,
shall be added the value of all donations by the testator that are subject to
collation, at the time he made them. (818a)
Article 909. Donations given to children
shall be charged to their legitime.
Donations made to strangers shall be charged
to that part of the estate of which the testator could have disposed by his
last will.
Insofar as they may be inofficious or may
exceed the disposable portion, they shall be reduced according to the rules
established by this Code. (819a)
Article 910. Donations which an
illegitimate child may have received during the lifetime of his father or
mother, shall be charged to his legitime.
Should they exceed the portion that can be
freely disposed of, they shall be reduced in the manner prescribed by this
Code. (847a)
Article 911. After the legitime has been
determined in accordance with the three preceding articles, the reduction shall
be made as follows:
(1) Donations shall be respected as long as
the legitime can be covered, reducing or annulling, if necessary, the devises
or legacies made in the will;
(2) The reduction of the devises or legacies
shall be pro rata, without any distinction whatever.
If the testator has directed that a certain
devise or legacy be paid in preference to others, it shall not suffer any
reduction until the latter have been applied in full to the payment of the
legitime.
(3) If the devise or legacy consists of a
usufruct or life annuity, whose value may be considered greater than that of
the disposable portion, the compulsory heirs may choose between complying with
the testamentary provision and delivering to the devisee or legatee the part of
the inheritance of which the testator could freely dispose. (820a)
Article 912. If the devise subject to
reduction should consist of real property, which cannot be conveniently
divided, it shall go to the devisee if the reduction does not absorb one-half
of its value; and in a contrary case, to the compulsory heirs; but the former
and the latter shall reimburse each other in cash for what respectively belongs
to them.
The devisee who is entitled to a legitime may
retain the entire property, provided its value does not exceed that of the
disposable portion and of the share pertaining to him as legitime. (821)
Article 913. If the heirs or devisees do
not choose to avail themselves of the right granted by the preceding article,
any heir or devisee who did not have such right may exercise it; should the
latter not make use of it, the property shall be sold at public auction at the
instance of any one of the interested parties. (822)
Article 914. The testator may devise and
bequeath the free portion as he may deem fit. (n)
SECTION 6
Disinheritance
Disinheritance
Article 915. A compulsory heir may, in
consequence of disinheritance, be deprived of his legitime, for causes
expressly stated by law. (848a)
Article 916. Disinheritance can be
effected only through a will wherein the legal cause therefor shall be
specified. (849)
Article 917. The burden of proving the
truth of the cause for disinheritance shall rest upon the other heirs of the testator,
if the disinherited heir should deny it. (850)
Article 918. Disinheritance without a
specification of the cause, or for a cause the truth of which, if contradicted,
is not proved, or which is not one of those set forth in this Code, shall annul
the institution of heirs insofar as it may prejudice the person disinherited;
but the devises and legacies and other testamentary dispositions shall be valid
to such extent as will not impair the legitime. (851a)
Article 919. The following shall be
sufficient causes for the disinheritance of children and descendants,
legitimate as well as illegitimate:
(1) When a child or descendant has been found
guilty of an attempt against the life of the testator, his or her spouse,
descendants, or ascendants;
(2) When a child or descendant has accused
the testator of a crime for which the law prescribes imprisonment for six years
or more, if the accusation has been found groundless;
(3) When a child or descendant has been
convicted of adultery or concubinage with the spouse of the testator;
(4) When a child or descendant by fraud,
violence, intimidation, or undue influence causes the testator to make a will
or to change one already made;
(5) A refusal without justifiable cause to
support the parent or ascendant who disinherits such child or descendant;
(6) Maltreatment of the testator by word or
deed, by the child or descendant;
(7) When a child or descendant leads a
dishonorable or disgraceful life;
(8) Conviction of a crime which carries with
it the penalty of civil interdiction. (756, 853, 674a)
Article 920. The following shall be
sufficient causes for the disinheritance of parents or ascendants, whether
legitimate or illegitimate:
(1) When the parents have abandoned their
children or induced their daughters to live a corrupt or immoral life, or
attempted against their virtue;
(2) When the parent or ascendant has been
convicted of an attempt against the life of the testator, his or her spouse,
descendants, or ascendants;
(3) When the parent or ascendant has accused
the testator of a crime for which the law prescribes imprisonment for six years
or more, if the accusation has been found to be false;
(4) When the parent or ascendant has been
convicted of adultery or concubinage with the spouse of the testator;
(5) When the parent or ascendant by fraud,
violence, intimidation, or undue influence causes the testator to make a will
or to change one already made;
(6) The loss of parental authority for causes
specified in this Code;
(7) The refusal to support the children or descendants
without justifiable cause;
(8) An attempt by one of the parents against
the life of the other, unless there has been a reconciliation between them.
(756, 854, 674a)
Article 921. The following shall be
sufficient causes for disinheriting a spouse:
(1) When the spouse has been convicted of an
attempt against the life of the testator, his or her descendants, or
ascendants;
(2) When the spouse has accused the testator
of a crime for which the law prescribes imprisonment of six years or more, and
the accusation has been found to be false;
(3) When the spouse by fraud, violence,
intimidation, or undue influence cause the testator to make a will or to change
one already made;
(4) When the spouse has given cause for legal
separation;
(5) When the spouse has given grounds for the
loss of parental authority;
(6) Unjustifiable refusal to support the
children or the other spouse. (756, 855, 674a)
Article 922. A subsequent reconciliation
between the offender and the offended person deprives the latter of the right
to disinherit, and renders ineffectual any disinheritance that may have been
made. (856)
Article 923. The children and
descendants of the person disinherited shall take his or her place and shall
preserve the rights of compulsory heirs with respect to the legitime; but the
disinherited parent shall not have the usufruct or administration of the
property which constitutes the legitime. (857)
SECTION 7
Legacies and Devises
Legacies and Devises
Article 924. All things and rights which
are within the commerce of man be bequeathed or devised. (865a)
Article 925. A testator may charge with
legacies and devises not only his compulsory heirs but also the legatees and
devisees.
The latter shall be liable for the charge
only to the extent of the value of the legacy or the devise received by them.
The compulsory heirs shall not be liable for the charge beyond the amount of
the free portion given them. (858a)
Article 926. When the testator charges
one of the heirs with a legacy or devise, he alone shall be bound.
Should he not charge anyone in particular,
all shall be liable in the same proportion in which they may inherit. (859)
Article 927. If two or more heirs take
possession of the estate, they shall be solidarily liable for the loss or
destruction of a thing devised or bequeathed, even though only one of them
should have been negligent. (n)
Article 928. The heir who is bound to
deliver the legacy or devise shall be liable in case of eviction, if the thing
is indeterminate and is indicated only by its kind. (860)
Article 929. If the testator, heir, or
legatee owns only a part of, or an interest in the thing bequeathed, the legacy
or devise shall be understood limited to such part or interest, unless the
testator expressly declares that he gives the thing in its entirety. (864a)
Article 930. The legacy or devise of a
thing belonging to another person is void, if the testator erroneously believed
that the thing pertained to him. But if the thing bequeathed, though not
belonging to the testator when he made the will, afterwards becomes his, by
whatever title, the disposition shall take effect. (862a)
Article 931. If the testator orders that
a thing belonging to another be acquired in order that it be given to a legatee
or devisee, the heir upon whom the obligation is imposed or the estate must
acquire it and give the same to the legatee or devisee; but if the owner of the
thing refuses to alienate the same, or demands an excessive price therefor, the
heir or the estate shall only be obliged to give the just value of the thing. (861a)
Article 932. The legacy or devise of a
thing which at the time of the execution of the will already belonged to the
legatee or devisee shall be ineffective, even though another person may have
some interest therein.
If the testator expressly orders that the
thing be freed from such interest or encumbrance, the legacy or devise shall be
valid to that extent. (866a)
Article 933. If the thing bequeathed
belonged to the legatee or devisee at the time of the execution of the will,
the legacy or devise shall be without effect, even though it may have
subsequently alienated by him.
If the legatee or devisee acquires it
gratuitously after such time, he can claim nothing by virtue of the legacy or
devise; but if it has been acquired by onerous title he can demand
reimbursement from the heir or the estate. (878a)
Article 934. If the testator should
bequeath or devise something pledged or mortgaged to secure a recoverable debt
before the execution of the will, the estate is obliged to pay the debt, unless
the contrary intention appears.
The same rule applies when the thing is
pledged or mortgaged after the execution of the will.
Any other charge, perpetual or temporary,
with which the thing bequeathed is burdened, passes with it to the legatee or
devisee. (867a)
Comment: Note that only pledge and mortgage.
Examples of 2nd para. Easement, usufruct.
Article 935. The legacy of a credit
against a third person or of the remission or release of a debt of the legatee
shall be effective only as regards that part of the credit or debt existing at
the time of the death of the testator.
In the first case, the estate shall comply
with the legacy by assigning to the legatee all rights of action it may have
against the debtor. In the second case, by giving the legatee an acquittance,
should he request one.
In both cases, the legacy shall comprise all
interests on the credit or debt which may be due the testator at the time of
his death. (870a)
Article 936. The legacy referred to in
the preceding article shall lapse if the testator, after having made it, should
bring an action against the debtor for the payment of his debt, even if such
payment should not have been effected at the time of his death.
The legacy to the debtor of the thing pledged
by him is understood to discharge only the right of pledge. (871)
Article 937. A generic legacy of release
or remission of debts comprises those existing at the time of the execution of
the will, but not subsequent ones. (872)
Article 938. A legacy or devise made to
a creditor shall not be applied to his credit, unless the testator so expressly
declares.
In the latter case, the creditor shall have
the right to collect the excess, if any, of the credit or of the legacy or
devise. (837a)
Article 939. If the testator orders the
payment of what he believes he owes but does not in fact owe, the disposition
shall be considered as not written. If as regards a specified debt more than
the amount thereof is ordered paid, the excess is not due, unless a contrary
intention appears.
The foregoing provisions are without
prejudice to the fulfillment of natural obligations. (n)
Article 940. In alternative legacies or
devises, the choice is presumed to be left to the heir upon whom the obligation
to give the legacy or devise may be imposed, or the executor or administrator
of the estate if no particular heir is so obliged.
If the heir, legatee or devisee, who may have
been given the choice, dies before making it, this right shall pass to the
respective heirs.
Once made, the choice is irrevocable.
In the alternative legacies or devises,
except as herein provided, the provisions of this Code regulating obligations
of the same kind shall be observed, save such modifications as may appear from
the intention expressed by the testator. (874a)
Article 941. A legacy of generic
personal property shall be valid even if there be no things of the same kind in
the estate.
A devise of indeterminate real property shall
be valid only if there be immovable property of its kind in the estate.
The right of choice shall belong to the
executor or administrator who shall comply with the legacy by the delivery of a
thing which is neither of inferior nor of superior quality. (875a)
Article 942. Whenever the testator
expressly leaves the right of choice to the heir, or to the legatee or devisee,
the former may give or the latter may choose whichever he may prefer. (876a)
Article 943. If the heir, legatee or
devisee cannot make the choice, in case it has been granted him, his right
shall pass to his heirs; but a choice once made shall be irrevocable. (877a)
Article 944. A legacy for education
lasts until the legatee is of age, or beyond the age of majority in order that
the legatee may finish some professional, vocational or general course, provided
he pursues his course diligently.
A legacy for support lasts during the
lifetime of the legatee, if the testator has not otherwise provided.
If the testator has not fixed the amount of
such legacies, it shall be fixed in accordance with the social standing and the
circumstances of the legatee and the value of the estate.
If the testator or during his lifetime used
to give the legatee a certain sum of money or other things by way of support,
the same amount shall be deemed bequeathed, unless it be markedly
disproportionate to the value of the estate. (879a)
Article 945. If a periodical pension, or
a certain annual, monthly, or weekly amount is bequeathed, the legatee may
petition the court for the first installment upon the death of the testator,
and for the following ones which shall be due at the beginning of each period;
such payment shall not be returned, even though the legatee should die before
the expiration of the period which has commenced. (880a)
Article 946. If the thing bequeathed
should be subject to a usufruct, the legatee or devisee shall respect such
right until it is legally extinguished. (868a)
Article 947. The legatee or devisee
acquires a right to the pure and simple legacies or devises from the death of
the testator, and transmits it to his heirs. (881a)
Article 948. If the legacy or devise is
of a specific and determinate thing pertaining to the testator, the legatee or
devisee acquires the ownership thereof upon the death of the testator, as well
as any growing fruits, or unborn offspring of animals, or uncollected income;
but not the income which was due and unpaid before the latter's death.
From the moment of the testator's death, the
thing bequeathed shall be at the risk of the legatee or devisee, who shall,
therefore, bear its loss or deterioration, and shall be benefited by its
increase or improvement, without prejudice to the responsibility of the
executor or administrator. (882a)
Article 949. If the bequest should not
be of a specific and determinate thing, but is generic or of quantity, its
fruits and interests from the time of the death of the testator shall pertain
to the legatee or devisee if the testator has expressly so ordered. (884a)
Article 950. If the estate should not be
sufficient to cover all the legacies or devises, their payment shall be made in
the following order:
(1) Remuneratory legacies or devises;
(2) Legacies or devises declared by the
testator to be preferential;
(3) Legacies for support;
(4) Legacies for education;
(5) Legacies or devises of a specific,
determinate thing which forms a part of the estate;
(6) All others pro rata. (887a)
Comment: BUT, if they concur with legitimes,
donations inter vivos, Article 911 applies.
Article 951. The thing bequeathed shall
be delivered with all its accessories and accessories and in the condition in
which it may be upon the death of the testator. (883a)
Article 952. The heir, charged with a
legacy or devise, or the executor or administrator of the estate, must deliver
the very thing bequeathed if he is able to do so and cannot discharge this
obligation by paying its value.
Legacies of money must be paid in cash, even
though the heir or the estate may not have any.
The expenses necessary for the delivery of
the thing bequeathed shall be for the account of the heir or the estate, but
without prejudice to the legitime. (886a)
Article 953. The legatee or devisee
cannot take possession of the thing bequeathed upon his own authority, but
shall request its delivery and possession of the heir charged with the legacy or
devise, or of the executor or administrator of the estate should he be
authorized by the court to deliver it. (885a)
Article 954. The legatee or devisee
cannot accept a part of the legacy or devise and repudiate the other, if the
latter be onerous.
Should he die before having accepted the
legacy or devise, leaving several heirs, some of the latter may accept and the
others may repudiate the share respectively belonging to them in the legacy or
devise. (889a)
Article 955. The legatee or devisee of
two legacies or devises, one of which is onerous, cannot renounce the onerous
one and accept the other. If both are onerous or gratuitous, he shall be free
to accept or renounce both, or to renounce either. But if the testator intended
that the two legacies or devises should be inseparable from each other, the
legatee or devisee must either accept or renounce both.
Any compulsory heir who is at the same time a
legatee or devisee may waive the inheritance and accept the legacy or devise,
or renounce the latter and accept the former, or waive or accept both. (890a)
Article 956. If the legatee or devisee
cannot or is unwilling to accept the legacy or devise, or if the legacy or
devise for any reason should become ineffective, it shall be merged into the
mass of the estate, except in cases of substitution and of the right of
accretion. (888a)
Article 957. The legacy or devise shall
be without effect:
(1) If the testator transforms the thing
bequeathed in such a manner that it does not retain either the form or the
denomination it had;
(2) If the testator by any title or for any
cause alienates the thing bequeathed or any part thereof, it being understood
that in the latter case the legacy or devise shall be without effect only with
respect to the part thus alienated. If after the alienation the thing should
again belong to the testator, even if it be by reason of nullity of the
contract, the legacy or devise shall not thereafter be valid, unless the
reacquisition shall have been effected by virtue of the exercise of the right
of repurchase;
(3) If the thing bequeathed is totally lost
during the lifetime of the testator, or after his death without the heir's
fault. Nevertheless, the person obliged to pay the legacy or devise shall be
liable for eviction if the thing bequeathed should not have been determinate as
to its kind, in accordance with the provisions of article 928. (869a)
Article 958. A mistake as to the name of
the thing bequeathed or devised, is of no consequence, if it is possible to
identify the thing which the testator intended to bequeath or devise. (n)
Article 959. A disposition made in
general terms in favor of the testator's relatives shall be understood to be in
favor of those nearest in degree. (751)
CHAPTER 3
Legal or Intestate Succession
Legal or Intestate Succession
SECTION 1
General Provisions
Article 960. Legal or intestate
succession takes place:
(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. (912a)
Article 961. In default of testamentary
heirs, the law vests the inheritance, in accordance with the rules hereinafter
set forth, in the legitimate and illegitimate relatives of the deceased, in the
surviving spouse, and in the State. (913a)
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.
Relatives in the same degree shall inherit in
equal shares, 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)
SUBSECTION 1. Relationship
Article 963. Proximity of relationship
is determined by the number of generations. Each generation forms a degree.
(915)
Article 964. A series of degrees forms a
line, which may be either direct or collateral.
A direct line is that constituted by the
series of degrees among ascendants and descendants.
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)
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)
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)
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)
Comments: (Quoted from Aquino Reviewer on
Civil Law, First Edition, 2014).
1. Rule on Preference Between Lines
1.1. Persons in direct descending line
EXCLUDE those in the direct ascending and collateral lines
1.2. Persons in the direct ascending line
EXCLUDE those in the collateral line.
2. Rule of Proximity. The
relative NEAREST in degree excludes the more distant ones. EXCEPTION: When the
right of representation takes place.
3. Rule on Equal Division. Relatives
in the SAME degree shall inherit in equal shares.
3.1. Exceptions: There is no equality.
a) Between legitimate and illegitimate children. Art. 967,
New Family Code
b) If the rule of preference between the lines applies
c) Under the rule of division by line in the ascending line
(between paternal and maternal grandparents) . Art. 987, New Civil Code
d) Between relatives of the full and half-blood- brothers
and sisters and nephews and nieces. Articles 1006 and 1008, New Civil Code
e) When the right of representation takes place.
4. Curtain Bar Rule. This
means that there is a separation between the legitimate family and the
illegitimate family. The illegitimate family cannot inherit by
intestate succession from the legitimate family.
4.1. Not applicable to preference in appointment of administrator. “The
curtain bar rule is inapplicable if the issue to be resolved is who is better
qualified to administer the estate of the decedent. The paramount consideration
in the appointment if an administrator over the estate of a decedent is the
prospective administrator’s interest in the estate.[2]”
4.2.
In the same case, an extensive discussion on the “Curtain Bar-Rule” was made:
“One
final note. Counsel for petitioner meticulously argues that Article 992 of
the Civil Code, the successional bar between the legitimate and illegitimate
relatives of a decedent, does not apply in this instance where facts
indubitably demonstrate the contrary Emilio III, an illegitimate grandchild of
the decedent, was actually treated by the decedent and her husband as their own
son, reared from infancy, educated and trained in their businesses, and
eventually legally adopted by decedents husband, the original oppositor to
respondents petition for letters of administration.
In the Spanish Civil Code
of 1889 We are not unmindful of the critiques of civilists of a conflict and a
lacuna in the law concerning the bone of contention that is Article 992 of the
Civil Code, beginning with the eminent Justice J.B.L. Reyes:
the right of representation
was admitted only within the legitimate family; so much so that Article 943 of
that Code prescribed
that an illegitimate child can not inherit ab intestato from the legitimate children and relatives of
his father and mother. The
Civil Code of the Philippines apparently adhered to this principle
since it reproduced Article 943 of the Spanish Code in its own Art.
992, but with fine inconsistency, in subsequent articles (990, 995 and 998) our
Code allows the hereditary portion of the illegitimate child to pass to his own
descendants, whether legitimate or illegitimate. So that while Art. 992
prevents the illegitimate issue of a legitimate child from representing him in
the intestate succession of the grandparent, the illegitimates of an
illegitimate child can now do so. This difference being indefensible and
unwarranted, in
the future revision of the Civil Code we shall have to make a choice and decide
either that the illegitimate issue enjoys in all cases the right of
representation, in which case Art. 992 must be suppressed; or contrariwise
maintain said article and modify Articles 995 and 998. The first solution would
be more in accord with an enlightened attitude vis--vis illegitimate
children.[23]
Manresa explains
the basis for the rules on intestate succession:
The law [of intestacy] is
founded on the presumed will of the deceased Love, it is said, first descends,
then ascends, and, finally, spreads sideways. Thus, the law first calls the
descendants, then the ascendants, and finally the collaterals, always
preferring those closer in degree to those of remoter degrees, on the assumption
that the deceased would have done so had he manifested his last will. Lastly,
in default of anyone called to succession or bound to the decedent by ties of
blood or affection, it is in accordance with his presumed will that his
property be given to charitable or educational institutions, and thus
contribute to the welfare of humanity.[24]
4.2.
Is the curtain Bar-Rule likewise applicable to illegitimate siblings of the
half-blood? If illegitimate brothers and sisters could inherit from one
another, would not an illegitimate child be afforded better rights than a
legitimate child who is barred from inheriting ab intestato from his illegitimate brother?
-Read:
IN THE MATTER
OF THE INTESTATE
ESTATES OF THE DECEASED JOSEFA
DELGADO
AND GUILLERMO RUSTIA,
G.R. No. 155733, January 27, 2006
“Pertinent to this matter is
the following observation:
Suppose, however, that A begets X with
B, and Y with another woman, C; then X and Y would be natural brothers and
sisters, but of half-blood relationship. Can they succeed each other
reciprocally? (Illegitimate half-siblings)
The law prohibits reciprocal succession
between illegitimate children and legitimate children of the same parent, even
though there is unquestionably a tie of blood between them.It seems that to allow an illegitimate
child to succeed ab intestato (from)
another illegitimate child begotten with a parent different from that of the
former, would be allowing the illegitimate child greater rights than a
legitimate child. Notwithstanding this, however, we submit that succession should be allowed, even when
the illegitimate brothers and sisters are only of the half-blood. The reason impelling the
prohibition on reciprocal successions between legitimate and illegitimate
families does not apply to the case under consideration. That prohibition
has for its basis the difference in category between illegitimate and
legitimate relatives. There is no such difference when all the children
are illegitimate children of the same parent, even if begotten with different
persons. They all stand on the same footing before the law, just like
legitimate children of half-blood relation. We submit, therefore, that the
rules regarding succession of legitimate brothers and sisters should be
applicable to them. Full blood illegitimate brothers and sisters should
receive double the portion of half-blood brothers and sisters; and if all are
either of the full blood or of the half-blood, they shall share equally.[53]
5. Separation of the Adopted and the
Relatives of the Adopter. Although the adopted child shall be treated
as a legitimate child, the relationship extends only up to the adopter/s. There
is no legal relationship with the relatives of the adopter/ s, hence: (1) the
adopted cannot inherit from the relatives of the adopter, (2) The right of
representation DOES NOT APPLY – the adopted child cannot represent and cannot
be represented. EXCEPTION: If the adopted is a blood relative in proper case.
6. Double Share of collateral
relatives of full-blood. When full and half-blood brothers or sisters,
nephews or nieces, survive, the full-blood shall take a portion in the
inheritance double that of the half-blood.
7. Repudiation by All in the Same
Degree. If the inheritance should be repudiated by the nearest
relative, should there be one only, or by all the nearest relatives called by
law to succeed, should there be several, those of the following degree shall
inherit in their own right and cannot represent the person or persons
repudiating the inheritance.[3]
This is subject to the rule of preference between lines.
8. Right of REPRESENTATION. A
right created by fiction of law, by virtue of which the representative is raised
to the place and degree of the person represented, and acquires the rights
which the latter would have if he were living or if he could have inherited.[4]
a) Law. The representative is called to the succession by
the law not by the person represented.
b) Capacity. He does not succeed from the person represented
but from the decedent – one whom the person represented would have succeeded.[5] Hence, the representative must be capable of
succeeding the decedent[6]. Nevertheless, the representative is not disqualified to
represent the heir whose inheritance he has renounced.[7]
c) Representation in Direct and Collateral Line.
1. Direct line. – representation takes place ad
infinitum in the direct descending line, NEVER in the ascending line.[8]
a. Only legitimate children can represent a legitimate child
of the decedent
b. Both legitimate and illegitimate children can represent
an illegitimate child of the decedent.[9]
2. Collateral line. Representation takes place only in
favour of the children of brothers or sisters (nephews or nieces), whether of
the full- or half-blood, and only if they concur with one or more uncle/ s or
aunt/ s.[10]
- -- Article
972. A and B are married. They begot C and D. D is married to X and they have a
child E. A and B die. D dies. Can E inherit from C? Yes. What if E has a child
F. Can F inherit from C? No. A grandniece cannot inherit by right of
representation.
d) No representation in Repudiation. Heirs
who repudiate their share may NOT be represented. [11]
e) Cases when there is Representation. 1.
Predecease of the person represented; 2. Incapacity or Unworthiness of the
person represented; and 3. Disinheritance of the person represented.
9. Per STIRPES SHARING. 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.[12]
10. Order
of Intestate Succession.
1) Legitimate children or descendants;
1) Legitimate children or descendants;
2) Legitimate parents or ascendants;
3) Illegitimate children or descendants;
4) Surviving spouse;
5) Brothers and sisters, nephews and nieces;
6) Other collateral relatives within the 5th degree;
and,
7) The State.
7) The State.
Article 968. If there are several
relatives of the same degree, and one or some of them are unwilling or
incapacitated to succeed, his portion shall accrue to the others of the same
degree, save the right of representation when it should take place. (922)
Article 969. If the inheritance should
be repudiated by the nearest relative, should there be one only, or by all the
nearest relatives called by law to succeed, should there be several, those of
the following degree shall inherit in their own right and cannot represent the
person or persons repudiating the inheritance. (923)
SUBSECTION 2. Right of Representation
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)
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)
Article 972. The right of representation takes
place in the direct descending line, but never in the ascending.
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)
Article 973. In order that representation may
take place, it is necessary that the representative himself be capable of
succeeding the decedent. (n)
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)
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.
First part- per stirpes
Second Part- per capita
Article 976. A person may represent him whose
inheritance he has renounced. (928a)
Article 977. Heirs who repudiate their share
may not be represented. (929a)
-The
renouncer may represent but may not be represented.
Scenario 1: A and B are married. They have children C and
D. C has a child E and E has a child F. E renounces his inheritance from C. C
predeceases A. If A dies, may E inherit by right of representation? Yes. May F
inherit by right of representation? No.
Scenario 2: A repudiated his inheritance from his father.
Can he be represented by his son, B?
-
No.
because pursuant to Art 977, the renouncer may not be represented. But may B
inherit? Yes, in his own right.
Scenario 3: In the preceding question, suppose that A has
two (2) other siblings, X and Y who are the uncle and aunt of B. May B still
inherit? No, because the nearer excludes the farther and because B cannot
represent as a consequence of A’s renunciation.
Scenario 4: Suppose further that in the preceding
question, X and Y, either predecease or are incapacitated to accept, or are
disinherited, may B inherit? Yes, in his own right.
Scenario 5: Suppose only X predeceases or is
incapacitated to accept or is disinherited,
May B inherit?
NO, because pursuant to Art. 969, the share of X will
accrue to Y.
SECTION 2
Order of Intestate Succession
Order of Intestate Succession
SUBSECTION 1. Descending Direct Line
Article 978. Succession pertains, in the first
place, to the descending direct line. (930)
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.
An adopted child succeeds to the
property of the adopting parents in the same manner as a legitimate child.
(931a)
Article 980. The children of the deceased
shall always inherit from him in their own right, dividing the inheritance in
equal shares. (932)
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)
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)
Article 983. If illegitimate children survive
with legitimate children, the shares of the former shall be in the proportions
prescribed by article 895. (n)
Article 984. In case of the death of an
adopted child, leaving no children or descendants, his parents and relatives by
consanguinity and not by adoption, shall be his legal heirs. (n)
SUBSECTION 2. Ascending Direct Line
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)
Article 986. The father and mother, if living,
shall inherit in equal shares.
Should one only of them survive, he or
she shall succeed to the entire estate of the child. (936)
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)
SUBSECTION 3. Illegitimate Children
Article 988. In the absence of legitimate
descendants or ascendants, the illegitimate children shall succeed to the
entire estate of the deceased. (939a)
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)
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)
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)
Article 992. An illegitimate child has no
right to inherit ab intestato from the legitimate children and relatives of his
father or mother; nor shall such children or relatives inherit in the same
manner from the illegitimate child. (943a)
Article 993. If an illegitimate child should
die without issue, either legitimate or illegitimate, his father or mother
shall succeed to his entire estate; and if the child's filiation is duly proved
as to both parents, who are both living, they shall inherit from him share and
share alike. (944a)
Article 994. In default of the father or
mother, an illegitimate child shall be succeeded by his or her surviving spouse
who shall be entitled to the entire estate.
If the widow or widower should survive
with brothers and sisters, nephews and nieces, she or he shall inherit one-half
of the estate, and the latter the other half. (945a)
SUBSECTION 4. Surviving Spouse
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)
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)
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)
Article 998. If a widow or widower survives
with illegitimate children, such widow or widower shall be entitled to one-half
of the inheritance, and the illegitimate children or their descendants, whether
legitimate or illegitimate, to the other half. (n)
Article 999. When the widow or widower
survives with legitimate children or their descendants and illegitimate
children or their descendants, whether legitimate or illegitimate, such widow
or widower shall be entitled to the same share as that of a legitimate child.
(n)
Article 1000. If legitimate ascendants, the
surviving spouse, and illegitimate children are left, the ascendants shall be
entitled to one-half of the inheritance, and the other half shall be divided
between the surviving spouse and the illegitimate children so that such widow
or widower shall have one-fourth of the estate, and the illegitimate children
the other fourth. (841a)
Article 1001. Should brothers and sisters or
their children survive with the widow or widower, the latter shall be entitled
to one-half of the inheritance and the brothers and sisters or their children
to the other half. (953, 837a)
Article 1002. In case of a legal separation, if
the surviving spouse gave cause for the separation, he or she shall not have
any of the rights granted in the preceding articles. (n)
SUBSECTION 5. Collateral Relatives
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)
Article 1004. Should the only survivors be
brothers and sisters of the full blood, they shall inherit in equal shares.
(947)
Article 1005. Should brothers and sisters
survive together with nephews and nieces, who are the children of the
descendant's brothers and sisters of the full blood, the former shall inherit
per capita, and the latter per stirpes. (948)
Article 1006. Should brother and sisters of the
full blood survive together with brothers and sisters of the half blood, the
former shall be entitled to a share double that of the latter. (949)
Article 1007. In case brothers and sisters of
the half blood, some on the father's and some on the mother's side, are the
only survivors, all shall inherit in equal shares without distinction as to the
origin of the property. (950)
Article 1008. Children of brothers and sisters
of the half blood shall succeed per capita or per stirpes, in accordance with
the rules laid down for brothers and sisters of the full blood. (915)
Article 1009. Should there be neither brothers
nor sisters nor children of brothers or sisters, the other collateral relatives
shall succeed to the estate.
The latter shall succeed without
distinction of lines or preference among them by reason of relationship by the
whole blood. (954a)
Article 1010. The right to inherit ab intestato
shall not extend beyond the fifth degree of relationship in the collateral
line. (955a)
SUBSECTION 6. 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)
Article 1012. In order that the State may take
possession of the property mentioned in the preceding article, the pertinent
provisions of the Rules of Court must be observed. (958a)
Article 1013. After the payment of debts and
charges, the personal property shall be assigned to the municipality or city
where the deceased last resided in the Philippines, and the real estate to the
municipalities or cities, respectively, in which the same is situated.
If the deceased never resided in the
Philippines, the whole estate shall be assigned to the respective
municipalities or cities where the same is located.
Such estate shall be for the benefit of
public schools, and public charitable institutions and centers, in such
municipalities or cities. The court shall distribute the estate as the
respective needs of each beneficiary may warrant.
The court, at the instance of an
interested party, or on its own motion, may order the establishment of a
permanent trust, so that only the income from the property shall be used.
(956a)
Article 1014. If a person legally entitled to
the estate of the deceased appears and files a claim thereto with the court
within five years from the date the property was delivered to the State, such
person shall be entitled to the possession of the same, or if sold, the
municipality or city shall be accountable to him for such part of the proceeds
as may not have been lawfully spent. (n)
