may belong, to be used for such prayers and pious

SUCCESSION works, and the other half to the State, for the purposes
mentioned in Article 1013. (747a)

INING V. VEGA
A. DEFINITIONS
1. Succession

Art. 774. Succession is a mode of acquisition by virtue

of which the property, rights and obligations to the
extent of the value of the inheritance, of a person are
transmitted through his death to another or others
either by his will or by operation of law. (n)
4. Inheritance
Art. 712. Ownership is acquired by occupation and by
Art. 776. The inheritance includes all the property,
intellectual creation.
rights and obligations of a person which are not
Ownership and other real rights over property are
extinguished by his death. (659)
acquired and transmitted by law, by donation, by
estate and intestate succession, and in consequence
Art. 781. The inheritance of a person includes not only
of certain contracts, by tradition.
the property and the transmissible rights and
obligations existing at the time of his death, but also
They may also be acquired by means of prescription.
those which have accrued thereto since the opening of
(609a)
the succession. (n)

2. Decedent

Art. 775. In this Title, "decedent" is the general term
applied to the person whose property is transmitted
through succession, whether or not he left a will. If he
left a will, he is also called the testator. (n)
3. Heir
Legatee and Devisee
Kinds of Heirs
Art. 782. An heir is a person called to the succession
either by the provision of a will or by operation of law.
Devisees and legatees are persons to whom gifts of
real and personal property are respectively given by
virtue of a will. (n)
Art. 1026. A testamentary disposition may be made to
the State, provinces, municipal corporations, private
corporations, organizations, or associations for
religious, scientific, cultural, educational, or charitable
purposes.
B. OBJECT OF SUCCESSION
Art. 603. Usufruct is extinguished:
(1) By the death of the usufructuary, unless a contrary
intention clearly appears;
(2) By the expiration of the period for which it was
constituted, or by the fulfillment of any resolutory
condition provided in the title creating the usufruct;
(3) By merger of the usufruct and ownership in the
same person;
(4) By renunciation of the usufructuary;
(5) By the total loss of the thing in usufruct;
(6) By the termination of the right of the person
constituting the usufruct;
(7) By prescription. (513a)
Art. 1830. Dissolution is caused:
(5) By the death of any partner;
Art. 1919. Agency is extinguished:
(3) By the death, civil interdiction, insanity or
insolvency of the principal or of the agent;

All other corporations or entities may succeed under a Art. 1939. Commodatum is purely personal in
will, unless there is a provision to the contrary in their character. Consequently:
charter or the laws of their creation, and always (1) The death of either the bailor or the bailee
subject to the same. (746a) extinguishes the contract;

Art. 1029. Should the testator dispose of the whole or

1. General Rule; Exceptions
part of his property for prayers and pious works for the
benefit of his soul, in general terms and without a. Patrimonial Rights
specifying its application, the executor, with the court's b. Contractual Obligations
approval shall deliver one-half thereof or its proceeds
to the church or denomination to which the testator

1
ESTATE OF K.H. HEMADY V. LUZON SURETY
died, with or without a will, before the effectivity of this
Code, shall be governed by the Civil Code of 1889, by
other previous laws, and by the Rules of Court. The
inheritance of those who, with or without a will, die
after the beginning of the effectivity of this Code, shall
SPS. SANTOS V. LUMBAO be adjudicated and distributed in accordance with this
new body of laws and by the Rules of Court; but the
testamentary provisions shall be carried out insofar as
they may be permitted by this Code. Therefore,
legitimes, betterments, legacies and bequests shall be
respected; however, their amount shall be reduced if
in no other manner can every compulsory heir be
UNION BANK V. SANTIBANEZ given his full share according to this Code. (Rule 12a)

USON V. DEL ROSARIO

ALVAREZ V. IAC

DE BORJA V. VDA. DE BORJA

PASCO V. HEIRS OF DE GUZMAN

c. Personal Rights
BONILLA V. BARCENA

C. VESTING OF SUCCESSION RIGHTS

Art. 777. The rights to the succession are transmitted

from the moment of the death of the decedent. (657a)

Art. 533. [Acquisition of possession] The possession LAPUZ SY V. EUFEMIO

of hereditary property is deemed transmitted to the
heir without interruption and from the moment of the
death of the decedent, in case the inheritance is
accepted.

One who validly renounces an inheritance is deemed

never to have possessed the same. (440) GLORIA V. BUILDERS SAVINGS AND LOAN
ASSOCIATIONS INC.

Art. 1347. [Objects of contracts] All things which are

not outside the commerce of men, including future
things, may be the object of a contract. All rights which
are not intransmissible may also be the object of
contracts.
No contract may be entered into upon future SPS. SALITICO V. HEIRS OF FELIX
inheritance except in cases expressly authorized by
law.

All services which are not contrary to law, morals,

good customs, public order or public policy may
likewise be the object of a contract. (1271a)

Art. 2263. Rights to the inheritance of a person who

2
 D. KINDS OF SUCCESSION

Art. 778. Succession may be:

(1) Testamentary;
(2) Legal or intestate; or
(3) Mixed. (n)

Art. 779. Testamentary succession is that which

results from the designation of an heir, made in a will
executed in the form prescribed by law. (n)
Art. 780. Mixed succession is that effected partly by
will and partly by operation of law. (n)

Art. 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)

E. S