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SUCCESSION
Art. 1006. Should brothers 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.
Art. 987 (2) 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.
SECTION 1
GENERAL PROVISIONS
Rule of Proximity. –
Right of Representation. –
By the right of representation, the law has provided a means by
which the descendants of a child, in default of the latter (child) who
predeceases, or who was disinherited, or who was incapacitated, can
the son’s place (i.e., the degree occupied by the son relative to the
decedent).
Ordinarily, the grandson is excluded by the son, the nephew by the
brother. Representation prevents such exclusion from taking place by
by virtually conferring upon the grandson and the nephew a degree
of relationship superior to that which ordinarily corresponds to them
in the succession.
SECTION 1
GENERAL PROVISIONS
Preference among Lines. –
A liberal construction of the Rule on Proximity would “allow”
the son (of the decedent) and the father (of the decedent) to
inherit at the same time since both are relatives of the decedent
within the 1st degree. Likwise, a grandson (of the decedent), the
grandfather (of the decedent), and the brother (of the decedent)
could inherit at the same time since all are relatives within the 2 nd
degree of consanguinity (of the decedent).
The above interpretation cannot obtain since the law calls, first,
the descendants, then the ascendants, and, finally, the collaterals.
The general rule on Proximity, therefore, applies to:
(a) relatives within the same degree
(a-1) except in the case when the relatives are found in
different lines, in which case the order of preference
between lines must first be observed, and within each
line, the rule of proximity applies.
SECTION 1
GENERAL PROVISIONS
Rule of Equal Division. –
As a rule, relatives who are in the same degree shall inherit
in equal shares.
Art. 966. In the line, as many degrees are counted as there are
generations or persons, excluding the progenitor.
RIGHT OF ACCRETION
Art. 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
____________________
If the only heir, or all of the heirs, repudiated, none could transmit
anything
to their heirs, by representation.
With the only heir (or all the heirs called by law) repudiating the
inheritance, so
that accretion is not possible, it becomes natural that the relatives of the
next
degree should be called by law to inherit in their own right.
SUBSECTION 2
RIGHT OF REPRESENTATION
Effects of Representation. –
First, a relative of a more remote degree of relationship
is placed in the
degree which entitles him to the right to inherit.
Grandfather
First Son
(Predeceases Second
GF) Son
Grandson
(Inherits in place
of Father, 1st
Son)
SUBSECTION 2
RIGHT OF REPRESENTATION
Second, the sole representative or all the representatives merely take the
place of
the person represented. The representatives can only inherit the portion
which the person represented should rightfully receive. (“Per Stirpes”)
Effects of Representation. –
The subrogation or the representation obtains degree by degree,
i.e., the inferior one representing the relative immediately
higher
in degree.
No jump in degrees is permitted. Thus, a son represents the
father;
the father, the grandfather, etc.
Following the above, when a father repudiates the inheritance
from
the great-grandfather, the son cannot inherit from the great-
grand
father by representing the grandfather - - - who is not the
relative
immediately preceding him (the grandfather) in degree of
relationship.
SUBSECTION 2
RIGHT OF REPRESENTATION
Representation by Illegitimates. –
General Rule: Representation takes place only in favor of
legitimate descendants.
New Civil Code: Article 992 prevents intestate succession
between
an illegitimate child and the legitimate relatives of his
father or
mother. The law of succession has placed a legal barrier between
the
illegitimate and legitimate members of the family.
>> An illegitimate child cannot represent his father in
the succession of the latter’s (father) legitimate father
(grandfather of the illegitimate child).
SUBSECTION 2
RIGHT OF REPRESENTATION
Representation by Illegitimates. –
Notwithstanding Article 992, the law does not preclude the
succession of an illegitimate child to an illegitimate relative
of his father of his father or mother.
>> Article 902 provides that the rights of illegitimate children
to the legitime are transmitted upon their death to their
descendants, “whether legitimate or illegitimate.”
>> Article 998: “ x x x if the surviving spouse concurs with
illegitimate children, the spouse gets ½ of the intestate
estate, and the other half goes to the illegitimate children
and their descendants (“by representation”), “whether
legitimate or illegitimate.”
SUBSECTION 2
RIGHT OF REPRESENTATION
Art. 977. Heirs who repudiate their share may not be represented.
Representation:
>> The unworthy or the disinherited child has lost the affection of
his parents. To the parent(s) who disinherited the child the latter
is “dead”. Their will deprives the disinherited or the unworthy
child of his inheritance.
>> On the other hand, the deprivation should not extend to the
children of the unworthy or disinherited child.
Repudiation Bars Representation. – Following the provisions of
Art. 977,
a living person who has repudiated the inheritance from a decedent
cannot be represented by his children.
(But, compare with the rules in Arts. 968 and 969: “in case some heirs
should repudiate the inheritance, their share shall accrue to the
others, and if all of them repudiate, those of the next degree shall
succeed in their own right.”)
SECTION 2
ORDER OF INTESTATE SUCCESSION
Art. 979. Legitimate children and their descendants succeed the parents and
other ascendants, without distinction as to sex, or age, and even if
they come from different marriages.
An adopted child succeeds to the property of the adopting parents
in the same manner as a legitimate child.
_________________
“Direct descending line” refers to the legitimate line only.
Within the class of legitimate children are embraced those legitimated
by
subsequent marriage (cf. natural child by legal fiction)
SUBSECTION 2
DESCENDING DIRECT LINE
Art. 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. (i.e., per stirpes)
Grandchildren do not always inherit by representation of their parents (in the estate of the
grandparents). This happens when the failure of the children (i.e., the parents of the
grandchildren)
to inherit is due to their repudiation of the inheritance, in which case, they (the parents) cannot
be represented in their parents’ (i.e., grandparents) estate. (Art. 977)
If all the children repudiate, then the grandchildren will inherit, not by representation, but in their
own right as the relatives next in degree (cf. Art. 969).
SUBSECTION 2
DESCENDING DIRECT LINE
Art. 895. The legitime of each of the acknowledged natural children and each of the natural
children by legal fiction shall consist of ½ 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 4/5 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.
_________________________________
How to apply Art. 983? The legitimes of the children, legitimate and illegitimate, must
first be determined, and the disposable portion distributed among them in the
proportion established in Art. 895. The shares in the disposable portion should then
be
added to their respective legitimes.
SUBSECTION 2
DESCENDING DIRECT LINE
Art. 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.
When the decedent dies without children and descendants, and his
parents have predeceased him, the grandparents succeed, not by
right of representation, but in their own right.
When ascendants succeed, division of the estate is by line, and per capita
within each line. This division, however, is subordinated to the rule of
proximity; so that if all ascendants in the nearest degree are in a single
line, nothing goes to ascendants of a farther degree in a different line.
It is only when the ascendants in different lines are of the same degree
that there is a division by line.
SUBSECTION 3
ILLEGITIMATE CHILDREN
Art. 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.
Art. 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.
Art. 997. When the widow or widower survives with legitimate parents
or
ascendants, the surviving spouse shall be entitled to ½ of the
estate,
and the legitimate parents or ascendants of the other half.
_____________________________
In the case contemplated by this article, the intestate share of the
legitimate parents and ascendants is limited to their legitime, but
the
share of the surviving spouse is double his legitime.
(Following the above) In case of partial intestacy, the devises,
legacies and
other testamentary dispositions must be taken from the intestate
share
of the SS, without prejudice to his legitime.
SUBSECTION 4
SURIVING SPOUSE
Art. 1001. Should brothers and sisters or their children survive with the
widow or
widower, the latter shall be entitled to ½ of the inheritance and the
brothers and sisters or their children to the other half.
SUBSECTION 4
SURIVING SPOUSE
Art. 1015. Accretion is a right by virtue of which, when two or more persons
are called to the same inheritance, devise or legacy, the part assigned
to the one who renounces or cannot receive his share, or who died
before the testator, is added or incorporated to that of his co-heirs,
co-devisees, or co-legatees.
____________________
The right of accretion is based upon the presumed will of the decedent.
When the testator leaves one specific thing to 2 or more persons,
without
express designation of shares, undoubtedly he gives to these persons
a
preference over the thing given. Naturally, when one of the persons
designated repudiates or is incapable of succeeding, the law,
respecting
the will of the testator, gives the vacant shares to the co-participant.
CHAPTER 4
PROVISIONS COMMON TO TESTATE AND
INTESTATE SUCCESSION
Section 1
RIGHT OF ACCRETION
Art. 1016. In order that the right of accretion may take place in a
testamentary
succession, it shall be necessary:
(1) That two or more persons be called to the same inheritance,
or to the
same portion thereof, pro indiviso; and
(2) That one of the persons thus called die before the testator, or
renounce
the inheritance, or be incapacitated to receive it.
CHAPTER 4
PROVISIONS COMMON TO TESTATE AND
INTESTATE SUCCESSION
Section 1
RIGHT OF ACCRETION
Art. 1018. In legal succession the share of the person who repudiates the
inheritance shall always accrue to his co-heirs.
______________________
One of the requisites in order for the right of accretion to obtain is
that
there should be a vacant share.
In cases of intestacy, however, there cannot be a vacant share, in the
Art. 1017. The words “one-half for each” or “in equal shares” or any others
which, though designating an aliquot part, do not identify it by such
description as shall make each heir the exclusive owner of determinate
property, shall not exclude the right of accretion.
In case of money or fungible goods, if the share of each heir is not
earmarked, there shall be a right of accretion.
___________________
(1) “I leave 1/3 of my estate to A, 1/3 to B, and the other third to C
and D. Accretion only between C and D, none to A and B, nor as
as between C or D and A or B.
When heirs are instituted collectively and together to the inheritance or
some portion thereof in such a manner that there is created a condition
of co-ownership or indivision in which each has an equal participation
clearly indicating the intention of the testator to give them the portion
as a single unit, accretion will take place, whether or not the testator has
expressly stated such equality in participation.
CHAPTER 4
PROVISIONS COMMON TO TESTATE AND
INTESTATE SUCCESSION
Section 1
RIGHT OF ACCRETION
Art. 1019. The heirs to whom the portion goes by the right of
accretion take it
in the same proportion that they inherit.
Art. 1020. 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.
Art. 1021. Among the compulsory heirs the right of accretion shall
take place
only when the free portion is left to two or more of them, or to any
one of them and to a stranger.
Should the part repudiated be the legitime, the other co-heirs shall
succeed to it in their own right, and not by the right of accretion.
CHAPTER 4
PROVISIONS COMMON TO TESTATE AND
INTESTATE SUCCESSION
Section 1
RIGHT OF ACCRETION
his favor before the final accounts of the guardianship have been
approved, even if the testator should die after the approval thereof;
nevertheless, any provision made by the ward in favor of the guardian
when the latter is his ascendant, descendant, brother, sister, or spouse,
shall be valid;
(4) Any attesting witness to the execution of a will, the spouse, paretns, or
children, or any one claiming under such witness, spouse, parents or
children