PAYOPANIN, ANGELINE CHISKA E. LLB-3 2013 Report on Republic Act No.

7170

Succession

22 June

The table below represents the difference and similarities between Republic Act No. 7170 also known as the Organ Donation Act of 1991 and the Law on Succession under The New Civil Code. Republic Act No. 7170 a.k.a Organ Donation Act of 1991 Subject matter- is the human body parts of the decedent. Law on Succession Subject matter- includes the Property, Rights and Obligations to the extent of the value of the inheritance and not extinguished upon his death of a person transmitted through his death. (Art. 774, NCC) Qualification of persons who may execute a will (Testamentary Succession) (Arts. 796-800) at least 18 years old; of sound mind Note: The soundness of mind is presumed, in the absence of proof to the contrary.

Qualification of persons who may execute a legacy at least 18 years old; of sound mind

Note: The law is silent on the presumption of soundness of mind.

Under Section 4 it authorizes the spouse, son or daughter of legal age, either parent, brother or sister of legal age or guardian over the person the decedent at the time of his death to execute a donation of any or all of the decedents body parts.

Here, the rights of the succession are transmitted from the moment of the death of the decedent (Art.777,NCC). Further, under Art. 1078 of the NCC states that, when two or more heirs, the whole estate of the decedent is, before partition, owned in common by such heirs, subject to the payment of the debts of the deceased.

Hence, any of the heirs may alienate assign or mortgage it and even substitute another person in its enjoyment, except when personal rights are involved before the partition. (Bailon vs. CA and Celestino Afable, G.R. No. 78178) Manner of executing a legacy is by: Testamentary Succession if the decedent left a WILL; Legal or Intestate Successionif there is no WILL, or if there is, it is considered as VOID; Mixed Succession effected partly by will and partyly by operation of law.

Manner of executing a legacy is by: WILL; In any Document other than a Will

Effectivity of the Legacy: It becomes effective upon the death of the testator without waiting for probate of the will. f the will is not probated, or if it is declared invalid for testamentary purposes, the legacy, to the extent that it was executed in good faith, is nevertheless valid and effective. (Section 8 (a)).

Effectivity of the Will as in the case of Testamentary Succession: There is need for a Probate Proceeding in order to determine the identity of the Will, its due execution and the testamentary capacity of the testator.

Persons who may become Legatees or Devisees Any hospital, physician or surgeon - For medical or dental education, research, advancement of medical or dental science,

Persons who may become Legatees or Devisees One who has no compulsory heirs may dispose by will of all his estate of any part of it in favor of any person having 2

therapy or transplantation; Any accredited medical or dental school, college or university - For education, research, advancement of medical or dental science, or therapy; Any organ bank storage facility - For medical or dental education, research, therapy, or transplantation; and Any specified individual For therapy or transplantation needed by him.

capacity to succeed. One who has compulsory heirs may dispose of his estate provided he does not contravene the provisions of the Cod with regard to the legitime of said heirs. (Art. 842, NCC)