II.

LEGAL OR INTESTATE SUCCESSION

Definition, ARTICLE 960

That which is effected by operation of law in the absence or default of a

will.
CAUSES OF INTESTACY ARTICLE 960; MEMORIZE
1. If a person dies without a will, or with a void will, or one which has
subsequently lost its validity; for void will, a declaration of the nullity of
will must be obtained first before an intestate heir can inherit.
2. Absence of an institution of heir;
3. Partial institution of heir. In such case, intestacy takes place as to the
undisposed portion (mixed succession);
4. Non-fulfillment of suspensive condition attached to the institution of heir;
suspensive condition suspends right and obligations until the uncertain
future event occurs.
5. Predecease of the instituted heir; no intestacy if there is subs or accretion
6. Repudiation by the instituted heir; no intestacy if there is subs or accretion
7. Incapacity of instituted heir;
8. Preterition. Intestacy may be total or partial depending on whether or not
there are legacies/devises;
9. Fulfillment of resolutory condition; fulfillment of the oblig ends the
existence of the rights and obligs.
10. Expiration of term or period of institution;
11. Non-compliance or impossibility of compliance with the will.
NOTE: In all cases where there has been an institution of heir, follow the
I.S.R.A.I. order of Justice Paras. If the Institution fails, Substitution occurs. If
there is no substitute, the right of Representation applies in the direct
descending line to the legitime if the vacancy is caused by predecease,
incapacity, or disinheritance. The right of Accretion applies to the free portion
when the requisites in Art. 1016 are present. If there is no substitute, and the
right of Representation or Accretion does not apply, the rules on Intestate
succession shall take over.
ARTILCE 961
Order of Inheritance in default of Testamentary Heirs
1. Legitimate or illegitimate relatives of the decedent;
2. Surviving spouse; and
3. The State
ARTICLE 962
2 Basic Principles of Intestate Sux
1. Nearer relative excludes farther relative
2. In general, inheritance is in equal shares
Ofelia Hernando Bagunu v. Pastora Piedad
G.R. No. 140975. December 8, 2000

FACTS:
Augusto H. Piedad died without any direct descendants or ascendants.
Respondent is the maternal aunt of the decedent, a third-degree relative of the
decedent, while petitioner is the daughter of a first cousin of the deceased, or
a fifth-degree relative of the decedent. Ofelia Hernando Bagunu moved to
intervene in the settlement of the estate of Piedad.
ISSUE:
Whether intervenor-appellant as a collateral relative within the fifth civil
degree, has legal interest in the intestate proceeding which would justify her
intervention.
RULING:
No. By right of representation, a more distant blood relative of a decedent is,
by operation of law, raised to the same place and degree of relationship as
that of a closer blood relative of the same decedent. The representative
thereby steps into the shoes of the person he represents and succeeds, not
from the latter, but from the person to whose estate the person represented
would have succeeded. In the direct line, right of representation is proper only
in the descending, never in the ascending, line. In the collateral line, the right
of representation may only take place in favor of the children of brothers or
sisters of the decedent when such children survive with their uncles or aunts.
The right of representation does not apply to other collateral relatives within
the fifth civil degree (to which group both petitioner and respondent belong)
who are sixth in the order of preference following, firstly, the legitimate
children and descendants, secondly, the legitimate parents and ascendants,
thirdly, the illegitimate children and descendants, fourthly, the surviving
spouse, and fifthly, the brothers and sisters/nephews and nieces, of the
decedent. Among collateral relatives, except only in the case of nephews and
nieces of the decedent concurring with their uncles or aunts, the rule of
proximity, expressed in Article 962, aforequoted, of the Code, is an absolute
rule.
A. RULES
1. Rule of Preference between lines ARTICLE 962

Those in the direct descending line shall exclude those in the direct
ascending and collateral lines, and those in the direct ascending line
shall, in turn, exclude those in the collateral line.
2. Rule of Proximity ARTICLE 962

The relative nearest in degree excludes the more distant ones, saving
the right of representation when it properly takes place.

This rule is subject to the rule of preference between lines.

3. Rule of Equal Division ARTICLE 962

Relatives in the same degree shall inherit in equal shares.

EXCEPTIONS:
a) Division in the ascending line (between paternal and maternal
grandparents);

b) Division among brothers and sisters, some of whom are of the full and
others of half blood; and
c) Division In cases where the right of representation takes place.
NOTE: This rule is subject to the rule of preference between lines.
SUX final | 1

4. Rule of Barrier between the legitimate family and the illegitimate

family

2.

The illegitimate family cannot inherit by intestate succession from the

legitimate family and vice-versa.
Rule of Double Share for full blood collaterals

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.

NOTE: In case of a disposition made in general terms under Article 959, only
the Rule of Proximity applies.
RELATIONSHIP
B. RELATIONSHIP ARTICLES 963-969
1. Number of generations determines proximity. 963
2. Each generation forms a degree. 963
3. A series of degrees forms a line. 964
4. A line may be direct or collateral. A direct line is that constituted by the
series of degrees among ascendants and descendants (ascending and
descending). 964
5. A collateral line is that constituted by the series of degrees among persons
who are not ascendants or descendants, but who come from a common
ancestor. 964
6. Full blood: same father and mother; half-blood: only one of either parent is
the same. 967
7. In adoption, the legal filiation is personal and exists only between the
adopter and the adopted. The adopted is deemed a legitimate child of the
adopter (AP), but still remains as an intestate heir of his natural parents
and other blood relatives. 189 and 190 of the Family Code
ARTICLE 968
Accretion in the Intestate Sux
Example: A decedent leaves 3 1 st cousins and an estate of P300,000.
If one of the cousins is incapacitated or repudiates, the P100,000
which should have gone to him will accrue to the other two, who will
each get P150,000. Each therefore gets P100,000 in his own right and
P50,000 by right of accretion.
ARTICLE 969
Effect of Repudiation
If the nearest relative or all of the nearest relatives repudiates, those
of the following degree shall inherit in their own right and cannot
represent the persons or persons repudiating the inheritance.
RIGHT OF REPRESENATION
C. RIGHT OF REPRESENTATION (RR) ARTICLES 970-977

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. The representative is called to the succession by the law not by
the person represented.
He succeeds the one whom the person
represented would have succeeded.
ARTICLE 970
Right of Representation exists in cases of:
1. Predecease;
2. Incapacity; and
3. Disinheritance.
For 1 & 2 both testate and intestate sux
For 3 only in testate sux
Adopted person is a legal heir of the adopter.
o
If survived by ascendants and adopted, the latter has the
rights same of an acknowledged natural child.
o
Property received by the adopted from the adopter
gratuitously shall revert back to the estate of the adopter.
o
Adopted leave no property, survived by a spouse or
illegitimate issue shall receive of such property.

An adopted child cannot represent neither may be represented.

Filiation exist only between the adopter and the
adopted.

ARTICLE 971
The representative succeed from the decedent and not from the
person represented.
The representative is called to sux by law.
ARTICLE 972
The right of representation takes place in the direct ascending line,
never in the ascending line.
In collateral line, only in favor of the children of the siblings, meaning
nephews and nieces (full or half).
ARTICLE 973
The representative must be capacitated to inherit.
ARTICLE 974
Inheritance Per Stirpes
Meaning inheritance by group, all those within the group inheriting in
equal shares.
2 ways of inheriting:
o
Per stirpes or per capita
o
By representation or by ones own right
ARTICLE 975
Inheritance by Nephews and Nieces
Shall inherit by representation.
SUX final | 2

If SURVIVING ALONE, to the exclusion of brothers and sisters, they

inherit in equal portions, that is per cappita and in their own right.

ARTICLE 976 and 977

A Renouncer may represent (976) but may not be represented (977).
NOTES:

In the direct line, representation takes place ad infinitum in the direct

descending line, never in the ascending.

In the collateral line, representation takes place only in favor of the

children of brothers or sisters (nephews and nieces), whether of the full or
half-blood, and only if they concur with at least 1 uncle or aunt.

1.

2.

Testamentary Succession
a) When a compulsory heir in the direct descending line had
predeceased the testator and was survived by his children or
descendants.
b) When a compulsory heir in the direct descending line is excluded from
the inheritance due to incapacity or unworthiness and he has children
or descendants.
c) When a compulsory heir in the direct descending line is disinherited
and he has children or descendants; representation covers only the
legitime.
d) A legatee/devisee who died after the death of the testator may be
represented by his heirs.
Intestate Succession
a) When a legal heir in the direct descending line had predeceased the
decedent and was survived by his children or descendants.
b) When a legal heir in the direct descending line is excluded from the
inheritance due to incapacity or unworthiness and he has children or
descendants.
c) When brothers or sisters had predeceased the decedent and they had
children or descendants.
d)
When illegitimate children represent their illegitimate parents who
already died in the estate of their grandparents.
e) When nephews and nieces inherit together with their uncles and aunts
in representation of their deceased parents who are the brothers or
sisters of said uncles and aunts.
ORDER OF INTESTATE SUCCESSION

D. INTESTATE OR LEGAL HEIRS

Those who are called by law to the succession either in the absence of a
will or of qualified heirs, and who are deemed called based on the
presumed will of the decedent.
DESCENDING DIRECT LINE
ARTICLE 978
Sux pertains, in the first place, to the DIRECT DESCENDING LINE.

REGULAR ORDER OF INTESTATE SUCCESSION (Decedent is a legitimate

person):
1. Legitimate children or descendants (LCD)
2. Legitimate parents or ascendants (LPA)
3. Illegitimate children or descendants (ICD)
4. Surviving spouse (SS)
5. Brothers and sisters, nephews and nieces (BS/NN)
6. Other collateral relatives within the 5th degree (C5)
7. State
IRREGULAR ORDER OF INTESTATE SUCCESSION (Decedent
illegitimate person):
1. Legitimate children or descendants (LCD)
2. Illegitimate children or descendants (ICD)
3. Illegitimate parents (IP)
4. Surviving spouse (SS)
5. Brothers and sisters, nephews and nieces (BS/NN)
6. State
ORDER OF CONCURRENCE
1. LCD, ICD, and SS
2. LPA, ICD, and SS
3. ICD and SS
4. SS and IP
5. BS/NN and SS
6. C5 (alone)
7. State (alone)
TABLE OF INTESTATE SHARES
SURVIVOR
INTESTATE SHARE
Any class
Entire estate
alone
1 LC
1/2
SS
1/2
(Diongson vs. Cinco, 74
SCRA 118)
2 or more LC Consider SS as 1 LC,
SS
then divide estate by
total number.
LPA
1/2
SS
1/2
LPA
1/2
SS
1/4
IC
1/4
IP
SS
SS
BS/NN

is

an

1/2
1/2
(The law is silent. Apply
concurrence theory.)
1/2

SUX final | 3

1 LC
SS
IC

First, satisfy legitimes.

Estate
would
be
insufficient.
Reduction
must be made according
to the rules on legitimes.
The legitimes of LCD and
SS shall always be first
satisfied in preference to
the ICD.
2 or more LC First, satisfy legitimes.
SS
There would be an
IC
excess in the estate.
Distribute such excess in
the proportion 1:2:2, in
accordance
with
the
concurrence theory.
ORDER OF CONCURRENCE IN THE CASE OF ADOPTED CHILD
SURVIVORS
SHARE
1. LPA/IP

AP

2. LPA/IP
AP
SS

3. LPA
AP
ICD
4. LPA
AP
SS
ICD

1/3
1/3
1/3

CARDINAL PRINCIPLES OF INTESTATE SUCCESSION (Justice Paras)

1. Even if there is an order of intestate succession, the Compulsory Heirs
(CH) are never excluded. The Civil Code follows the concurrence theory,
not the exclusion theory.
2. Right of Representation (RR) in the collateral line occurs only in intestate
succession, never in testamentary succession because a voluntary heir
cannot be represented (collateral relatives are not CH).
3. The intestate shares are either equal to or greater than the legitime.
4. GENERAL RULE: Grandchildren always inherit by RR, provided
representation is proper.
EXCEPTION: Whenever all the children repudiate, the grandchildren
inherit in their own right because RR would not be proper.
5. Nephews and nieces inherit either by RR or in their Own Right (OR).
a. RR: when they concur with aunts and uncles (provided that RR is
proper)
b. OR: when they do not concur with aunts and uncles.
6. ICD of legitimates cannot represent because of the barrier, but both the
ICD and LCD of illegitimates can.

7.
8.
9.

There can be reserva troncal in intestate succession.

A renouncer can represent, but cannot be represented.
A person who cannot represent a near relative cannot also represent a
relative farther in degree.

ARTICLE 979
Sux by Legit and Legitimated Children
Children who are legitimated by subsequent marriage shall enjoy the
same rights as a legit children. (178 and 179 of FC)
The fx of legitimation shall RETROACT to the time of childs birth. (180
FC)
The fx of legitimation of children who died before the celebration of
the marriage shall benefit their desecendants. (181 FC)

Rules for Adopted Child

As long as there are legit children or descendants, the adopted child
has the SAME share as one legit child.
If the adopter is survived by legit parents or ascendants, and by an
adopted person, the latter shall not have more sux rights than an
acknowledged natural child. (343)
The adoption shall make the adopted person a legal heir of the
adopter. (341)
The adopter shall not be a legal heir of the adopted person, whose
parents by nature shall inherit from him. (342)
The presence of adopted children excludes a sister if the deceased
from the inheritance, hence, said sister canoot even successfully file a
petition for letters of admin. This is more so if the surviving spouse
and the adopted children object to such grant. (Saguinsin v Lindayag
et al)
ARTICLE 980
Inheritance by Children
Inherit in their own right
Inherit in equal shares
ARTICLE 981
Inheritance by Children concurring with Grandchildren
Children inherit in their own right
Grandchildren inherit by right of representation
Applies also to cases of incapacity
ARTICLE 982
Inheritance by Grandchildren
Shall inherit by right of representation
Inherit in equal portions
When all children repudiates, there is no right of representation but
the grandchildren will inherit in their own right. (969)
SUX final | 4

ARTICLE 983
Shares of Illegit children concurring with Legit children
The shares of illegit children will be taken from the Free portion, so as
not to prejudice the legit children.
Rules:
o
The illegit children will receive half of the share of the legit
children.
o
If the legitime of the legit children is impaired, fulfill first the
legitime of the legit, then whatever is left is given to the
illegit children.
ARTICLE 984
Estate of Adopted Children
Repealed by 190 FC

ASCENDING DIRECT LINE

(presumption that there are no legit or illegit descendants)
ARTICLE 985
Inheritance by Parents and Ascendants
Legitimate parents and ascendants
Example: A died intestate leaving P1 million. Surviving relatives are B,
his father and C, As brother. The whole estate goes to B to the
exclusion of C.
ARTICLE 986
Shares of Parents
The father and mother, if living, shall inherit in equal shares.
Should only one of them survives, shall succeed to the entire estate of
the child.
ARTICLE 987
Inheritance by Other Descendants
If parents are already dead, the ascendants nearest in degree shall
inherit.
Read page 489 example
ILLEGITIMATE CHILDREN
ARTICLE 988
In the absence of legitimate descendants or ascendants, the illegit children
shall succeed to the entire estate of the deceased.
ARTICLE 989
Illegit children concurring with descendants of another Illegit child.
Illegit children will succeed in their own right

Children of illegit child shall succeed by right of representation

Applies in case of incapacity

ARTICLE 990
The hereditary rights granted by 988 and 989 to illegit children shall be
transmitted upon their death to their descendants, who shall inherit BY RIGHT
OF REPRESENTATION from their deceased grandparent.
Example: B and C are As illegit children. D and E are the legit children
of B. F is the legit child of C. B and C predeceased A, who later died
leaving an estate of P1 million. Divide the property.
o
F will receive P500,000
o
D and E will each receive P250,000
o
All of them represented their parents.
It is submitted that 990 also applies to incapacity and disinheritance.
Descendants referred in this Article refers to legit and illegit
descendants.

ARTICLE 991
Illegit children concurring with Legit Ascendants
Legit ascendants will take half of the estate
Illegit children will take the other half.
Exmaple: A dies leaving B, his father and C and D, his illegitimate
children. Estate is P1 million. Divide.
o
B will get P500,000
o
C and D will get P250,000 each
Question on PARTIAL INTESTACY
Suppose there is partial intestacy in that a part of the inheritance has
been given to strangers, but surviving are legit parents and illegit
children, how should the remainder be disposed of?
o
Charge the part given to the stranger to the intestate share
of the illegit children, without however impairing the legitime
of the latter.
Example: A man had an estate of P1 million. He made a legacy of
P200,000 to a friend. There are NO provisions as to the rest of the
estate. He is survived by his legit father and an illegit child. How will
P800,000 left be divided?
o
Give to the legit father his legitime of P5000,000 (1/2 share)
o
Charge the P200,000 to the share of the illegit child
o
Illegit child will now receive P300,000

This is OK because supposedly as illegit child

concurring with a legit ascendant will get only of
the hereditary estate as mentioned in Article 896.
General Rule on Partial Intestacy
o
Charge the legacies, etc. to the intestate shares of those
given by law on instestae sux MORE than their respective
legitimes, without however impairing said legitimes.
Moreove, the charging must be proportionate to the amount
given in the intestate share over and above that given by law
as legitime.
SUX final | 5

MIXED SUCCESSION OR PARTIAL INTESTACY

Succession that is effected partly by will and partly by operation of law.

RULES:
1. The law of legitimes must be brought into operation in partial intestacy,
because the testamentary dispositions can affect only the disposable free
portion but never the legitimes.
2. If among the concurring intestate heirs there are compulsory heirs, whose
legal or intestate portions exceed their respective legitimes, then the
amount of the testamentary disposition must be deducted from the
disposable free portion, to be borne by all the intestate heirs in the
proportions that they are entitled to receive from such disposable free
portion as intestate heirs.
3. If the intestate share of a compulsory heir is equal to his legitime, then the
amount of the testamentary disposition must be deducted only from the
intestate shares of the others, in the proportions stated above.
4. If the testamentary dispositions consume the entire disposable free
portion, then the intestate heirs who are compulsory heirs will get only
their legitime, and those who are not compulsory heirs will get nothing.

ARTICLE 992
The BARRIER between the Legit and Illegit families
An illegit child has no right to inherit intestate from the legit children
and relatives of his father or mother, and vice versa.
This is an IRON CURTAIN RULE
Example: A has a legit child B, and an illegit child C. B has a legit child
D, and an illegit child E. C has a legit child F, and an illegit child G. If B
predecease A, and surviving are the four grandchildren, will they
inherit intestate from A?
o
D can represent his father B, because a legit child can be
represented by his own legit child.
o
E cannot represent B in the sux from As estate because an
illegit child has no right to inherit intestate from the legit
children and relatives of his father or vice versa.
o
F and G can represent C in the sux from A, because the rights
granted an illegit child are transmitted upon his death to his
descendants, whether legit or illegit. (902 and 990)
Is an illegit child allowed to represent?
o
It depends. If the illegit child is going to represent a person
who is a legit child of the decedent, the answer is NO
because of the barrier rule in Art 992. But if he is going to
represent an illegit child of the decedent, there is no barrier
since the whole line is illegit.
An illegit relative, even if within the 3 rd degree from the propositus, is
not entitles to the benefits of reserva troncal.

ARTICLE 993
Inheritance by the Illegit parents
Illegit child should die without issue, legit or illegit, his father or
mother shall succeed to his entire estate.
If both parents are living and filiation is duly proved, they shall inherit
share and share alike.
Example: A has an illegit child B, who has no issue. A succeeds to the
entire estate, unless B is proved to be the child also of C. In such case,
A and C, if both living, will inherit from B in equal portions.
ARTICLE 994
Intestate share of Surviving Spouse
Survivor: Surviving spouse only entire estate
Survivors: Surviving spouse concurring illegit bro and sis
o
Surviving spouse half of the estate
o
Bros and sis other half
Survivors: Illegit siblings, nephews and nieces entire estate in equal
proportions with right of representation for the neph and niec.
Order of Intestate Sux to the Estate of an Illegit Child
o
Legit children and legit descendants
o
Illegit children and descendants (whether legit ot illegit)
o
Illegit parents (an illegit descendant has no legit ascendants)
o
Surviving spouse
o
The State
SURVIVING SPOUSE
ARTICLE 995
Inheritance by Surviving Spouse

Survivor: Surviving spouse ALONE, no other issues legit or illegit

ENTIRE ESTATE
The surviving spouse must be legitimate, for common law marriages
are not recognized.
Void and/or bigamous marriage of the surviving spouse does not
inherit as an intestate heir.
If the surviving spouse was the guilty party in the case of legal sep,
she does not inherit as an intestate heir.
There is no provision in intestate sux regarding surviving spouse who
married the decedent in articulo mosrtis. Thus, if thats the case, if
she alone survives whether or not the marriage is in articulo mortis,
the share is the SAME.

ARTICLE 996
Share of Surviving Spouse concurring with Legit children
Example: A decedent is survived by his widow and 3 legit children. If
the sux is intestate and property is P1 million, how will the inheritance
be divided?
SUX final | 6

The widow and each of the 3 legit children will receive

P250,000.
How much is the intestate share of the surviving spouse if there is
only one legit child?
o
In the absence of any express provision on the matter, the
rule is, if there is only one legit child and there are no other
relatives both will get EQUAL INTESTATE SHARE. After all,
the plural word children must be deemed to include the
singular word child.
Estate = P100
o
Surviving spouse P50
o
One legit child P50
Estate = P100
o
One legit child P50
o
Surviving spouse P25
o
One illegit child P25
A died intestate leaving his widow, a legit son and 2 illegit children.
Distribute the estate.
o
goes to the legit son
o
goes to the surviving spouse
o
goes to the illegit child, thus receiving 1/8 each.
o

ARTICLE 997
Share of the surviving spouse with legit parents or ascendants
Surviving spouse of the estate
Legit parents or ascendants of the estate
Estate = 100
o
Legit father 50
o
Surviving spouse 50
Estate = 100
o
Legit father 25
o
Legit mother 25
o
Surviving spouse 50
Problem in Partial Intestacy
o
Estate = 1000
o
Legacy = 100

Legacy 100

Legit father 500

Surviving spouse 400

o
The legacy was taken from the intestate share of the
surviving spouse; after all, her legitime has not been
impaired. To get it from the intestate share of the father,
or to make him share the legacy proportionately with the
surviving spouse would impair his legitime.
ARTICLE 998
Intestate share of Surviving spouse concurring with Illegit children
Surviving spouse
Illegit children or descendants

ARTICLE 999
Share of Surviving spouse concurring with Children and other descendants
Three classes are surviving in this Art
o
Legit children or descendants
o
Illegit children or descendants
o
Surviving spouse
Estate = 700
o
Surviving: widow, 2 legit children, 1 illegit child
o
Legit child 1 200
o
Legit child 2 200
o
Widow 200
o
Illegit child 100
Estate = 1600
o
Surviving: widow, 2 legit children, 10 illegit children
o
Legit child 1 400
o
Legit child 2 400
o
Widow 400
o
10 illegit children 40 the remaining portion (400) should
be divided equally to the illegit children as the legit children
and the surviving spouse are preferred and that their
legitimes should not be impaired.
ARTICLE 1000
Share of the surviving spouse concurring with legit ascendants and illegit
children
Three classes are surviving in this Art
o
Legit ascendants
o
Surviving spouse
o
Illegit children
Estate = 1000
o
Legit father 250
o
Legit mother 250
o
Widow 250
o
1 illegit child 250
READ PAGE 515 CASE ASK RE ADOPTED HAVING RIGHTS OF A LEGIT
CHILD AS PROVIDED IN THE FC AS AMENDED
Problem in case of Partial Intestacy
o
Estate = 1000
o
Legacy = 100

Legit father 500

Surviving spouse 150

Illegit child 250

Legacy 100 is charged to the intestate share of

the widow but her legitime is preserved (1/8).
Review example 2 page 515

ARTICLE 1001
Share of the surviving spouse concurring with brothers, sisters, nephews and
nieces
SUX final | 7

2 classes of survivors
o
Surviving spouse
o
Brothers and sisters (and their children)
Estate = 100 [page 516 example]
o
Surviving: spouse, legit child, illegit child, 2 brothers and
parent (of D)

Surviving spouse only 100

Surviving spouse and 2 brothers SS 500, 250 each

for the brothers

Surviving spouse and legit child 500 each

Surviving spouse and father 500 each

Surviving spouse and illegit child 500

Surviving spouse, legit child and illegit child LC

500, SS 250, IC 250

Surviving spouse, illegit child, father F 500, SS

250, IC 250
Brothers and sisters DO NOT CONCUR with recognized illegit children
of the deceased. In fact, the former are EXCLUDED by the latter.
(Cacho v Udan)

ARTICLE 1002
Rules in case of Legal Separation
If the surviving spouse gave cause for the separation, he or she
shall not have any rights on the estate of the deceased spouse.
There must be LEGAL SEPARATION.
Reconciliation puts aside the effects of legal separation.
COLLATERAL RELATIVES
ARTICLE 1003
Inheritance by Collaterals
Collaterals referred are intestate, but not compulsory heirs.
The rule on proximity applies, the nearer excludes the farther.
In the absences of ascendants or descendants or surviving spouse,
the collateral relatives (full or half-blood) will inherit the WHOLE
estate.
ARTICLE 1004
Shares of brothers and sisters of full blood
They shall inherit in equal shares.
ARTICLE 1005
Shares of brothers and sisters concurring with nephews and nieces
Nephews and nieces are the children of decedents bro and sis of full
blood.
The brothers and sisters will inherit PER CAPITA.
The nephews and nieces will inherit PER STIRPES.
Per Stirpes means that the Grantor intends that the Beneficiary's
share of the inheritance will go to his or her heir. Per Capita indicates

that the Grantor intends that NO ONE except the named beneficiary
receive that share of the estate.
Example: M and F are legally married nd Y, D, B, S, and X are their
legit children. L and M are the legit children of B. P, R, and T are the
legit children of X. D dies intestate leaving an estate of P240,000.
Surviving are Y, S, L, M, P, R, and T. Divide the estate.
o
Y 60,000 per capita
o
S 60, 000 per capita
o
Bs children 60,000 per stirpes

L 30,000

M 30,000
o
Xs children 60,000 per stirpes

P 20,000

R 20,000

T 20,000
The RIGHT OF REPRESENTATION IN THE COLLATERAL LINE DOES NOT
EXTEND T GRANDNEPHEWS AND GRANDNIECES. Hence, if a sister and
nephews of the deceased appeared to claim the inheritance, they, as
the nearest kin, exclude such remote relatives as grandnephews and
grandnieces.

ARTICLE 1006
Full blood concurring with Half-blood
Should brothers and sisters of the full blood survive together with bros
and sis of the half-blood, the full blood shall be entitled to a share
DOUBLE that of the half-blood.
F was married to W and R was their legit child. When W died, F
married M with whom he has 3 legit children S, T, and U. Estate of the
decedent is P500.
o
If S died, R T and U survived him.

T and U will get P200 each being full blood bro of S.

R will only get P100 being half-blood bro of S.

o
If R died, S T and U survived him.

Each will get in equal proportions being half-blood

bros of R.
o
If F died, R S T and U survived him.

Each will get in equal proportions because LEGIT

CHILDREN AND THEIR DESCEDANTS SUCCEED THE
PARENTS AND OTHER DESCENDANTS, WITHOUT
DISTINCTION AS TO SEX OR AGE AND EVEN IF THEY
SHOULD HAVE COME FROM DIFF MARRIAGES. (979)
ARTICLE 1007
Half-blood brothers and sisters from both sides.
Bro and sis of half-blood from both mom and dads side are the only
survivors.
o
All shall inherit in equal shares, without distinction as to the
origin of the property.
Example: R and S, lawfully married, have 3 legit children A B and C. T
and U, lawfully married, have 2 legit children M and N. R and U
eventually die, S and T get married. L is the legitimate child of S and
SUX final | 8

T. If L dies intestate leaving P500,000 and the survivors are A B C M

and N, how much will each get?
o
Each gets P100,000 because each is a half bro of L.
ARTICLE 1008
How children of bro and sis of the half-blood inherit?
Shall succeed per capita or per stirpes, in accordance with rules laid
down for bro and sis of the full blood.
Per Stirpes means that the Grantor intends that the Beneficiary's
share of the inheritance will go to his or her heir. Per Capita indicates
that the Grantor intends that NO ONE except the named beneficiary
receive that share of the estate.
ARTICLE 1009
Inheritance by Other collaterals
Relatives nearest in degree excludes the more distant ones.
The presence of a half-sister excludes a collateral of a more remote
degree.
If the deceased is survived by the children of a predeceased half-blood
bro and by the children of a predeceased half-blood sister, the first
group gets TWICE the share of each of the second group.
The absence of bros, sis, nephews and nieces of the decedent is a
precondition of the other collaterals to the succession.
ARTICLE 1010
Sux limited to the 5th degree
The right to inherit ab intestate shall not extend beyong the 5 th degree
of relationship in the collateral line.
THE STATE
ARTCLE 1011
Inheritance by the State
In the absence of any relative within the 5 th degree, the State is
considered the last intestate heir, but the Rules of Court must be
observed.
ARTICLE 1012
How the State inherits
Rule 91 of the Rules of Court
SolGen or his rep may file a petition that the estate of the deceased
be declared ESCHEATED.
o
Escheat is a common law doctrine which transfers the
property of a person who dies without heirs to the crown or
state. It serves to ensure that property is not left in "limbo"
without recognized ownership.
ARTICLE 1013
How estate inherited by the State is distributed?
Always pay the debts and charges first.

Assignment of the props. to the proper municipalities must be made.

The law must make a distinction as whether or not the deceased
resided in the Philippines.
o
If the decedent never resided in the Phils, the whole estate
shall be assigned to the respective municipalities or cities
where the same is located.

ARTICLE 1014
Rule if Legal Heir files a Claim
Period within which to file a claim within 5 years from the date the
prop was delivered to the State.
If a claim is NOT made within a period of 5 years from the date the
judgment in the escheat proceedings is made, the claim shall be
barred forever.
Read the Cardinal Principles of Intestate Succession in page 530. ^_^
RIGHT OF ACCRETION
ARTICLE 1015
Accretion
A right by virtue of which, when two or more persons are called to the
same inheritance, devise or legacy, the part assigned to one who
renounce or cannot receive his share, or who died before testator, is
added or incorporated to that of his co-heirs, co-devisees, or colegatees.
Reason for Accretion: A right based on the presumed will of the
deceased that he prefers to give certain properties to certain
individuals, rather than to his legal heirs.
How accretion may be avoided?
o
By expressly designating a substitute.
o
By expressly providing that although accretion may take
place, still he does not want accretion to occur, that is, he
desire no accretion in favor of those who ordinarily would
entitled to it.
REQUISITES FOR ACCRETION
o
Unity of Object (one inheritance)
o
Plurality of Subjects (2 or more to inherit ordinarily)
o
There is Vacant portion (ex. Repudiation of his share)
o
Acceptance of the portion accruing by the person entitled.
Accretion is a right, and may therefore be accepted or repudiated by
those entitled. Both true in both testate and legal sux.
Example: T makes a will giving a particular car to A and B. If A
repudiates his share, the whole car goes to B.
Example: T, in his will, gives the 1 st floor of his house to A, and the 2 nd
floor to B. If A repudiates, B ordinarily does not get the 1 st floor,
because here, there has been an earmarking or specification of
determinate property. (1017) However, if T in his will provided that in
case of repudiation of either A or B, the other gets the property, this
accretion is perfectly alright although this is really a case of
reciprocal substitution.
SUX final | 9

Accretion in Testamentary Sux

o
In case of Predecease 1016
o
In case of Incapacity 1016
o
In case of Repudiation 1016
In Incapacity and Predecease,
precedence over accretion.

right

of

representation

takes

Accretion in Legal Sux

o
In case of Repudiation 1015

In case of Incapacity 1015, although 1018 mention only repudiation,

without prejudice to the right of representation.
In case of predecease in legal sux, there is really no vacant portion
and hence no accretion for the survivors to inherit in their own right.
Example: A has three brothers. A dies intestate leaving P300,000 but
only 2 brothers survive him. Each gets P150,000 in his own right. It
cannot be said that each gets P100,000 in his own right and P50,000
by accretion, for the predeceased brother never had a chance to
inherit. This is so because the very theory of intestate sux
presupposes the survival of intestate heirs.

Aside from PRI, instance when accretion may take place:

If a suspensive condition is not fulfilled. (a form of incapacity)
If there is failure to identify one particular heir, devisee or legatee but
the others can be identified.
Predecease
Repudiation
Incapacity

Legitime
X
X
X

Free Portion
/
/
/

Intestate Sux
X
/
X

ARTICLE 1016
Accretion in Testamentary Sux
To take place, it shall be necessary: (requisites)
o
That 2 or more persons be called to the same inheritance, or
to the same portion thereof, pro indiviso (undivided); and
o
That one of the persons thus called die before the testator, or
renounce the inheritance, or be incapacitated to receive it.
Example: T instituted A and B as his own heirs. If A predeceases T, the
share of A accrues to B. Thus, B inherits HALF BY INSTITUTION and
HALF BY ACCRETION.

ARTICLE 1017
Non-Earmarking

Read the codal provision

Example paragraph 1
o
T gave A and B ONE HALF EACH of a particular house. There
can be accretion here. But if A had been given the first floor,
and B, the 2nd floor, there will be no accretion.
o
T gave A 1/3 of a car, and B the other 2/3. Can there be
accretion here even if the parts be unequal? Under the New
Civil Code, there can be accretion since the mere fixing of
aliquot part does not necessarily make the property
determinate or specific, for we still cannot ascertain which
particular section or portion of the car, A and B were being
made exclusive owners therof.
Example paragraph 2 (money or fungible goods)
o
Rules

If earmarked no accretion

If not earmarked there can be accretion

o
T gave A his money in the left hand drawer of his desk, and
B, his money in the right hand drawer. There is earmarking,
therefore no accretion.
o
T gave P200,000 as legacy to A and B such that A is going to
get and B . There can be accretion for there is no
earmarking.
o
T gave A a legacy of P30,000 and B, a legacy of P40,000. Can
there be accretion if for example A repudiates? YES because
there has been no earmarking.
Read BAR QUESTION page 540 and 541

ARTICLE 1018
Accretion in Intestate Sux
In legal sux the share of the person who repudiates the inheritance
shall always accrue to his co-heirs.
Example: A and B are the decedents (no will) brothers and only
surviving relatives. If A repudiates his share, B will get it.
o
Suppose A has a child C, should C get As portion? NO, for
one who renounces cannot be represented.
A and B are the decedents (no will) brothers. A has a child C. If A is
incapacitated, will his share accrue to B? NO, there will be no
accretion, because C will get said share by representation. In the
collateral line (intestate), children of bro or sis are entitled to
represent.
ARTICLE 1019
Proportional sharing of Property received by Accretion
The heirs to whom the portion goes by the right of accretion take it in
the same proportion that they inherit.
Example: A testator gave X, of an undivided house, Y 1/3 and Z 1/6.
If X repudiates his share, Y and Z will share in Xs portion in the
proportion of 1/3 to 1/6 (2 to 1) because this was the proportion in
which they had been instituted.

SUX final | 10

ARTICLE 1020
Effect of Accretion and exceptions thereto
The heirs to whom the inheritance accrues shall succeed to all the
rights and obligations which the heir who renounced or could not
receive it would have had.
ARTICLE 1021
Accretion among Compulsory Heirs
There is no accretion insofar as the legitime is concerned.
Accretion if it takes place, concerns only the free portion.
Example: Estate is P600,000. T institutes as his heirs his 2 legit
children (X and Y), and a friend (Z).
o
Ordinarily, since institution covers only the FP, X and Y are
first given their respective legitimes (P150,000 each or a
total P300,000). The free portion is then divided equally
among the 3 instituted heirs (X Y Z).
o
Now then supposes X predeceases T, how will the share of X
be divided?

P150,000 of Xs shares goes to Y in the latters own

right (since this is the legitime). The remaining
P100,000 will go equally to Y and Z by accretion
since this is the proportion in which they were
instituted to the FP.
ARTICLE 1022
Rules when accretion does not take place
Order of Preference: ISRAI
Example: T gave P10 million to A and P10 million to B. A and B are Ts
friends. No substitute was appointed. A, a sister of the testator, was
given nothing. If A repudiates his share, who will get it?
o
B will not get, there being no accretion since there was an
earmarking of share. Therefore, S, the sole intestate heir,
gets As share.
ARTICLE 1023
Accretion among devisees, legates and usufructuaries.
Accretion shall take place among devisees, legatees
usufructuaries under the same conditions established for heirs.

and

EFFECTS
of
PREDECEASE,
INCAPACITY,
DISINHERITANCE,
REPUDIATION in both TESTAMENTARY and INTESTATE SUCCESSION
CAUSE
OF
VACANCY

TESTAMENTARY
SUCCESSION
Legitim
Free
e
Portion
1. A
2. IS
A
IS
_

INTESTAT
E
SUCCESSION
(IS)
1. RR
2. IS
1.RR
2.IS
_

Predecea
se
Incapacit
y
Disinheri
-tance
Repudiation

1. RR
2. IS
RR
2.IS
1.RR
2.IS
IS

or

Summary:
In testamentary succession:
Legitime:

In case of predecease of an heir, there is representation if there are

children or descendants; if none, the others inherit in their own right.

In case of incapacity, results are the same as in predecease.

In case of disinheritance, results are the same as in predecease.

In case of repudiation by an heir, the others inherit in their own right.

Disposable free portion:

Accretion takes place when requisites are present; but if such

requisites are not present, the others inherit in their own right.
In intestate succession:

In case of predecease, there is representation if there are children or

descendants; if none, the others inherit in their own right.

In case of incapacity, results are the same as in predecease.

In case of repudiation, there is always accretion.

CAPACITY TO SUCCEED BY WILL OR INTESTACY
ARTICLE 1024
Capacity to Succeed
Persons not incapacitated by law may succeed by will or ab intestate.
The provisions relating to incapacity by will are equally applicable to
intestate sux.
DEFINITION: It is the ability to inherit and retain property obtained
mortis cause. (aka passive testamentary succession)
Kinds of Capacity to Succeed
o
Absolute can never inherit from anybody regardless of
circumstances.
o
Relative cannot inherit only from certain persons or certain
props, but can inherit from others or certain other props.
SUX final | 11

3 Kinds

of Relative Incapacity
Because of Possible Undue Influence
Because of Public Policy and Morality
Because of Unworthiness

ARTICLE 1025
Persons absolutely Incapacitated
2 classes who are absolutely incapacitated to succeed:
o
Individuals, associations, and corporations not permitted by
law to inherit.
o
Those who lack juridical personality.
Requisite for Capacity to Inherit:
o
It is essential to be either ALREADY LIVING or at least
CONCEIVED at the moment the sux opens.

No exception to the rule.

ARTICLE 1027
Incapacity because of Possible Undue Influence
1. Priest who heard the confession of the testator during his last illness
OR a minister who extended spiritual aid during the same period.
2. Relatives of such priest or minister within 4th civil degree, the church,
order, chapter, community, organization or institution he may belong.
3. Guardians with respect to the testamentary dispo given by a ward in
his favor before the final accounts of guardianship have been
approved; nevertheless any provision made by the ward in favor of
the guardian when he is his ascendant, descendant, bro, sis or spouse
shall be VALID.
4. Any attesting witness to the execution of the will, the spouse, parents
or children or any one claiming under such witness, spouse, parents or
children.
5. Any physician, surgeon, nurse, health officer, or druggist who took
care of the testator during his last illness.
6. Individuals, assoc and corpo not permitted by law to inherit.

The disqualifications above mentioned are CONCLUSIVELY PRESUMED.

If made LONG AFTER THE LAST ILLNESS, the DQ does not

apply for there was a time to reflect on the wisdom of such
testamentary dispo.

The will must have been made during the last illness AND
AFTER CONFESSION for the DQ to attach.
The DQ does not extend

To the legitime

To intestacy

To dispositions which do not extend to testamentary

benefit.
Priest who extends spiritual aid other than confession like
extreme unction is NOT DQ.

#1

ARTICLE 1026
Disposition in favor of Entities
Some of the orgs referred in this article are juridical persons, others
are not.
o
Those that does not have a juridical personality are allowed
to inherit only because of this article.
o
State
o
Provinces
o
Municipal corporations
o
Private corporations
o
Organizations or associations religious, scientific, cultural,
educational, or charitable purposes.
Private juridical persons cannot of course inherit in legal sux.

#2
o
o

Relatives are those by consanguinity.

The DQ extends only to th 4th degree.

May be guardian of the person or of the property since both

can exercise undue influence.
DQ to inherit, UNLESS:

The will was made after the approval of the final

accounts

The guardian is relative. (ascendant, descendant,

bro, sis r spouse)
Final Accounts are those that terminate the financial
responsibility of the guardian. They are given to the court
when the guardian is removed, or when he resigns, or when
there is no need to guardianship to continue.

#3

#4
o
o

The witness is qualified to inherit if there are three other

competent and disinterested witnesses to the will.
The Notary Public before whom the will is acknowledged is
NOT DQ by the law to inherit.

However, Notarial Law disqualifies him to inherit.

#5

To DQ these people from inheriting as testamentary heirs,

legatees or devisees, it is essential that:

The will or disposition in their favor was made

during the last illness and after the care by them
had commenced.

The took care of the testator.

They are NOT DQ to inherit by intestacy.

Not permitted by law to inherit.

The DQ exists without the necessity of proving actual undue

influence.
The will must have been MADE DURING THE LAST ILLNESS.

#6

ARTICLE 1028
Incapacity by reason of Public Morality
SUX final | 12

The ff donations shall be void:

o
Those made between persons who were guilty of adultery or
concubinage at the time of the donation;
o
Those made between persons found guilty of the same
criminal offense, in consideration thereof;
o
Those made to a public officer or his wife, descendants and
ascendants, by reason of his office.

ARTICLE 1029
Disposition for Prayers and Pious Works
50-50 Disposition
Aka INSTITUTION OF THE SOUL
Essential Requisites:
o
Dispo is for PRAYERS and PIOUS WORKS.
o
Dispo is in GENERAL TERMS.
o
Dispo does NOT SPECIFY its applicatiom
ARTICLE 1030
Dispositions in Favor of the Poor
The Poor in General
o
Unless clearly appearing otherwise, only the poor in the Ts
domicile at death should be considered.
Who designates the Poor? (order of preference)
o
Person appointed for the purpose
o
Executor
o
If no executor the 3 people by majority vote.

Justice of Peace

Mayor

Municipal treasurer
o
Shall be approved by the CFI (RTC).
ARTICLE 1031
Dispositions in Favor of DQ Person
A testamentary proviso in favor of a DQ person, even though made
under the guise of an onerous contract, or made through an
intermediary, shall be void.
How the interposition of a 3rd party may be done?
o
If the dispo is disguised as an onerous contract
o
If fictitious debt are ordered paid
o
If an intermediary is interposed
DQ person refers NOT to one incapacitated by reason of unworthiness
but one incapacitated either absolutely, or by reason of possible
undue influence, or by reason of morality.
ARTICLE 1032
Incapacity by Reason of Unworthiness
Based on Acts of Unworthiness (A4F3P)
1. Parents who have abandoned their children or induced their daughters to
lead a corrupt or immoral life, or attempted against their virtue;

2.
3.
4.
5.

6.
7.
8.

Any person who has been convicted of an attempt against the life of the
testator, his/her spouse, descendants or ascendants;
Any person who has accused the testator of a crime for which the law
prescribes imprisonment for 6 years or more, if the accusation has been
found groundless;
Any person convicted of adultery or concubinage with the spouse of the
testator;
Any heir of full age who, having knowledge of the violent death of the
testator, should fail to report it to an officer of the law within a month,
unless the authorities have already taken action; this prohibition shall not
apply to cases wherein, according to law, there is no obligation to make an
accusation;
Any person who by fraud, violence, intimidation, or undue influence should
cause the testator to make a will or to change one already made;
Any person who falsifies or forges a supposed will of the decedent; and
Any person who by the same means prevents another from making a will,
or from revoking one already made, or who supplants, conceals, or alters
the latter's will.

#1
o
o

#2
o

o
o
o

#3

As long as the parent persuade his children to live a corrupt

and immoral lie, he is incapacitated.
No need of criminal conviction if the parent attempted
against the virtue of his children.
Requires a conviction by final judgment.

An acquittal on any ground, even of reasonable

doubt, does not result in incapacity.
The conviction need not be done before the Ts or decedents
death. It is enough that the heir be convicted later on.
The fact of conviction and its effects retroact to the time of
the decedents death.
If the heir is given amnesty before final judgment, he is
qualified to inherit.

There must be a definite acquittal, and not one which is

based merely on reasonable doubt.

Failure to Report Violent Death

Requirements:

The heir (legatee or devisee) must be of

full age.

He must have knowledge of the violent

death of the T.

There is failure to report such death within

a month unless the authorities have
already taken action.

There is an obligation to make the

accusation.

#4

#5
SUX final | 13

Conviction by final judgment is essential since the law says

so.
1032 applies to both intestate and testate sux.
An heir incapacitated by reason of unworthiness, even if he be a CH,
loses ALL rights to inherit from the deceased. Thus, he loses not only
the legitime, but also that which would have appertained to him had
he been capacitated.
o
When proper, without prejudice to the right of representation.
o

ARTICLE 1033
Rules for Condonation
If at the time he made the will, T ALREADY KNEW of the causes of
unworthiness, the mere fact of instituting the person concerned, or
giving him a devise or legacy, is an IMPLIED CONDONATION.
If knowledge come ONLY AFTER the execution of the will,
CONDONATION must be in writing (public or private).
If an implied condonation was made in a VOID or REVOKED will, it is as
if there was no condonation. Therefore, the incapacity remains.
An express revocation is irrevocable provided there was no vitiated
consent.
ARTICLE 1034
How to judge the capacity of the Heir?
In order to judge the capacity of the heir, devisee, or legatee, his
qualification at the time of death of the decedent shall be the
criterion.
Nos 2, 3 or 5 of 1032 necessary to wait until final judgment is
rendered.
No 4 the expiration of the month allowed for the report.
If the institution, devise or legacy should be CONDITIONAL, the time of
the compliance with the condition shall also be considered.
o
In case of suspensive conditional institution, the heir must be
capacitated BOTH:

At the time of the Ts death

At the time the condition is fulfilled

ARTICLE 1035
Incapacitated CH can be Represented.
If the person excluded from the inheritance by reason of incapacity
should be a child or descendant of the decedent, and should have
children or descendants, the latter shall acquire his right to the
legitime.
The person so excluded shall not enjoy the usufruct and
administration of the prop thus inherited by his children.
Read the problem sample on page 570-71
ARTICLE 1036
Judicial Order of Exclusion the court declares which of the heirs are
disqualified or incapacitated.

Alienations of hereditary property and acts of administration

performed by the EXCLUDED HEIR, BEFORE the judicial order of
exclusion, are VALID as to the 3rd persons who acted in good faith.
o
2 kinds of actuation

Alienation of hereditary prop

Acts of administration
The co-heirs shall have the right to recover damages from the DQ heir.

ARTICLE 1037
Indemnities to be Reimbursed Excluded Heir
2 rights:
o
To collect necessary expenses (for preservation, regardless of
good or bad faith).
o
To collect credit (because while he is incapacitated to inherit,
he still is a creditor).
Useful and luxurious expenses are deemed governed by the rules on
possession, and, therefore, in this case, the good or bad faith is
important.

ARTCILE 1038
Incapacitated heir who disregards prohibition
Any person incapable of sux, who, disregarding the prohibition,
entered into the possession of the hereditary property, shall be
obliged to return it together with its accessions.
o
He shall be liable for all the fruits and rents he may have
received, or could have received through the exercise of due
diligence.
ARTICLE 1039
Capacity to succeed is governed by the law of the nation of the
decedent.
4 things governed by the national law of the decedent:
o
Order of succession
o
Amount of sux rights
o
Intrinsic validity of the provisions of the will
o
Capacity to succeed
ARTICLE 1040
Prescriptive period for declaration of Incapacity and for Recovery of the
Inheritance
The action for DECLARATION OF INCAPACITY and for the RECOVERY OF
THE INHERITANCE SHALL be brought WITHIN 5 YEARS from the time
the DQ HEIR took POSSESSION thereof.
o
If one brings the action ONLY for a declaration of incapacity,
he cannot recover possession; the action must be BOTH.
o
An action for RECOVERY is sufficient for after all, there can be
no recovery unless a declaration of incapacity is first made.
o
The axn must include recovery of accessions, rentals, fruits.
SUX final | 14

Anyone who may have an interest in the sux, that is, the person who
would inherit in place of the incapacitated heir, can bring the action.
ACCEPTANCE AND REPUDIATION OF THE INHERITANCE

ARTICLE 1041
The acceptance or repudiation of the inheritance is an act which is
purely voluntary and free.
o
The presence of vitiated consent gives rise to their
revocability.
o
Acceptance may be presumed, repudiation requires more
formalities.
o
There can be partial acceptance and partial repudiation.
o
The legitime may be repudiated.
o
Acceptance or repudiation cannot be made during the
lifetime of the decedent, except insofar as collationable
donation inter vivos and remissions are concerned.
ARTICLE 1042
The fx of the acceptance or repudiation shall always retroact to the
moment of the death of the decedent.
o
To prevent any stage where the property will be without an
owner and possessor.
Acceptance and repudiation must be pure and absolute, that is, there
must be no term or condition otherwise the purpose may be frustrated
and there would be uncertainty as to whether the properties or rights
are being transmitted or not.
ARTICLE 1043
No person may accept or repudiate an inheritance unless he is certain
of the death of the person from whom he is to inherit, and of his right
to the inheritance.
2 Requisites before Acceptance or Repudiation is done:
o
The heir must be CERTAIN of the DEATH of the decedent.
o
The heir must be certain of his RIGHT to the inheritance.
Presumption of Death; read Art 390-392.
ARTICLE 1044
Who may Accept or Repudiate?
ACCEPTANCE mere acceptance by those in charge, in behalf of
incapacitated person is SUFFICIENT.
o
No judicial authorization is needed, UNLESS there are
burdens.
o
An insane can accept unless he acted during lucid interval.
REPUDIATION COURT APPROVAL IS NEEDED, being an act of
alienation.
ARTICLE 1045
Rules for Juridical Entities re Acceptance or Repudiation
Same as 1044

ARTCILE 1046
Rules for Public Official establishments re A/R
To A/R, approval of the Govt is required.
o
Proper executive head or dept head.
o
Needed even when the bequest or gift is NOT CONDITIONAL.
Public official establishments those devoted to public purposes and
supported by public money.
ARTICLE 1047
A married woman of age may repudiate an inheritance without the consent of
her husband.
After all, if she gets the inheritance, it becomes her separate property.
ARTICLE 1048
Rule for Deaf-Mutes
Can read and write may A/R the inheritance personally OR through
an agent.
Unable to read and write shall be accepted by their guardians.
o
Guardians may repudiate with judicial approval.

ARTICLE 1948
Kinds of Acceptance
Express must be made in public or private document.
Implied or tacit thru actions which one would have no right to do
except in the capacity of an heir or one resulting from acts by which
the intention to accept is necessarily implied.
Presumed if within 30 days after the court has issued an order for
the distribution of the estate, the people concerned have not signified
their acceptance or repudiation.
Acts of mere preservation do not necessarily imply an acceptance. But
neither do they signify a repudiation.
ARTICLE 1050
Instances of Implied Acceptance
1. If the heir sells, donates, or assigns his right to a stranger, or to his coheirs, or to any of them;
2. If the heir renounces the same, even though gratuitously, for the
benefit of one or more of his co-heirs;
3. If he renounces it for a price in favor of all his co-heirs
indiscriminately; but if this renunciation should be gratuitous, and the
co-heirs in whose favor it is made are those upon whom the portion
renounced should devolve by virtue of accretion, the inheritance shall
not be deemed as accepted.
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ARTICLE 1051
How repudiation is made?
By a public instrument
By an authentic instrument
By a petition to the court having jurisdiction over the testamentary or
intestate proceedings but must be presented within 30 days from
order of court for the distribution of the estate, otherwise, this is
deemed to be an acceptance.

One who repudiates is deemed never to have owned or possessed the

inheritance without prejudice to the rights of the creditors. (1052)
One is not allowed to repudiate legacies with burdens when he
accepts gratuitous legacies.
Why repudiation must be made expressly?
o
It is an act of disposing of prop rights.
o
It is unnatural and resultantly disturbs juridical relations
o
Creditors of the renouncer should be more or less informed,
hence, the need for an express renouncing.

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