CIVIL LAW
THE LAW ON
SUCCESSION
Lecture by Atty. Alejandro M. Gozon
THE LAW ON
SUCCESSION
LECTURE OUTLINE [Part 1 of 5]
Juridical Capacity and Capacity to Act
Natural Persons
Succession in General
Nationality Principle
Lex rei sitae
Lex loci celebrationis
THE LAW ON
SUCCESSION
LECTURE OUTLINE [Part 2 of 5]
Testate Succession, Allowance and Disallowance of Will,
Institution of Heirs, and Substitution of Heirs
Wil
Ordinary Will
Formalistic and Intrinsic Validity
Probate of Will
Holographic Will
Codicil
THE LAW ON
SUCCESSION
LECTURE OUTLINE [Part 3 of 5]
Revocation of Will
Implication of law
Subsequent will or by codicil
Physical act of tearing, burning, and obliterating
Conditional Testamentary Disposition
N.B. The testator is free to impose condition/s that should
first be complied with by the instituted heir provided that it is
NOT contrary to law, moral, public policy, good custom or the
condition is impossible.
THE LAW ON
SUCCESSION
LECTURE OUTLINE [Part 4 of 5]
Determination of the Legitime and the Free Portion
Legitime - ½ of the net estate
Free Portion - ½ of the net estate
Legitime
Reserva Troncal
Intestate Succession
THE LAW ON
SUCCESSION
LECTURE OUTLINE [Part 5 of 5]
Rules Common to Testate and Intestate Succession
Right of Accretion
Capacity to Succeed by Will or Intestacy
Acceptance/Repudiation of Inheritance
Collation
Disinheritance
Escheat
THE LAW ON
SUCCESSION
JURIDICAL CAPACITY
AND CAPACITY TO ACT
Arts. 37–39, NCC
THE LAW ON
SUCCESSION
Juridical capacity is the fitness to be the subject of legal relations.
It is inherent in every natural person and is lost only through death;
capacity to act is the power to do acts with legal effect, is acquired
and may be lost (Art. 37, NCC).
Minority, insanity or imbecility, the state of being a deaf-mute,
prodigality and civil interdiction are mere restrictions on capacity
to act, and do not exempt the incapacitated person from certain
obligations, as when the latter arise from his acts or from property
relations, such as easements (Art. 38, NCC).
THE LAW ON
SUCCESSION
The following circumstances, among others, modify or limit
capacity to act: age, insanity, imbecility, the state of being a deafmute, penalty, prodigality, family relations, alienage, absence,
insolvency and trusteeship. The consequences of these
circumstances are governed in this Code, other codes, the Rules of
Court, and in special laws. Capacity to act is not limited on account
of religious belief or political opinion. A married woman, twentyone years of age or over, is qualified for all acts of civil life,
except in cases specified by law (Art. 39, NCC).
THE LAW ON
SUCCESSION
NATURAL PERSONS
Arts. 40–43, NCC; Art. 5, PD 603
THE LAW ON
SUCCESSION
Birth determines personality; but the conceived child shall be
considered born for all purposes that are favorable to it, provided it
be born later with the conditions specified in the following article
(Art. 40, NCC).
For civil purposes, the foetus is considered born if it is alive at the
time it is completely delivered from the mother's womb.
However, if the foetus had an intra-uterine life of less than seven
months, it is not deemed born if it dies within twenty-four hours
after its complete delivery from the maternal womb (Art. 41,
NCC).
THE LAW ON
SUCCESSION
The civil personality of the child shall commence from the time of
his conception, for all purposes favorable to him, subject to the
requirements of Article 41 of the Civil Code [Art. 5, Child and
Youth Welfare Code (PD 603)].
THE LAW ON
SUCCESSION
Civil personality is extinguished by death. The effect of death upon
the rights and obligations of the deceased is determined by law, by
contract and by will (Art. 42, NCC).
If there is a doubt, as between two or more persons who are called
to succeed each other, as to which of them died first, whoever
alleges the death of one prior to the other, shall prove the same; in
the absence of proof, it is presumed that they died at the same
time and there shall be no transmission of rights from one to the
other (Art. 43, NCC).
THE LAW ON
SUCCESSION
SUCCESSION IN
GENERAL
Arts. 774–782, NCC
THE LAW ON
SUCCESSION
Nationality Principle
Laws relating to family rights and duties, or to the status,
condition and legal capacity of persons are binding upon
citizens of the Philippines, even though living abroad (Art. 15,
NCC).
Case Illustrations
Miciano v. Brimo, G.R. No. 22595, November 01, 1924, 56 Phil. 867
Bellis v. Bellis, G.R. No. L-23678, June 06, 1967, 20 SCRA 359
THE LAW ON
SUCCESSION
Lex rei sitae
Real property as well as personal property is subject to the
law of the country where it is stipulated. However, intestate
and testamentary successions, both with respect to the order
of succession and to the amount of successional rights and to
the intrinsic validity of testamentary provisions, shall be
regulated by the national law of the person whose succession
is under consideration, whatever may be the nature of the
property and regardless of the country wherein said property
may be found (Art. 16, NCC).
THE LAW ON
SUCCESSION
Lex loci celebrationis
The forms and solemnities of contracts, wills, and other public
instruments shall be governed by the laws of the country in which
they are executed. When the acts referred to are executed before
the diplomatic or consular officials of the Republic of the Philippines
in a foreign country, the solemnities established by Philippine laws
shall be observed in their execution. Prohibitive laws concerning
persons, their acts or property, and those which have for their object
public order, public policy and good customs shall not be rendered
ineffective by laws or judgments promulgated, or by determinations or
conventions agreed upon in a foreign country (Art. 17, NCC).
THE LAW ON
SUCCESSION
TESTATE SUCCESSION, ALLOWANCE AND
DISALLOWANCE OF WILL, INSTITUTION
OF HEIRS, AND SUBSTITUTION OF HEIRS
Arts. 838–870, NCC
THE LAW ON
SUCCESSION
Will
It is an act whereby a person is permitted, with the
formalities prescribed by law, to control to a certain
degree the disposition of this estate, to take effect after
his death (Art. 783, NCC).
The making of a will is a strictly personal act; it cannot be
left in whole or in part to the discretion of a third person,
or accomplished through the instrumentality of an
agent or attorney (Art. 784, NCC).
THE LAW ON
SUCCESSION
Ordinary Will
See Rule 130, Secs. 2–5 and 10 (Parol Evidence Rule), ROC.
See also Pecson v. Coronel, G.R. No. 20374, October 11, 1923.
Formalistic Validity
Qualifications of the Testator (Arts. 796–803, NCC)
Qualifications of Witnesses to the Execution of Notarial Will
(Arts. 820–824, NCC; Arts. 171–175 and Arts. 180–183, RPC)
Sec. 2(2), Rule 1, 2020 Interim Rules on Remote Notarization of
Paper Documents (A.M. No. 20-07-04-SC)
THE LAW ON
SUCCESSION
Qualifications of the Testator
All persons who are not expressly prohibited by law may make a will.
Persons of either sex under eighteen years of age cannot make a will
(Arts. 796 and 797, NCC).
To make a will, it is essential that the testator be of sound mind at the
time of its execution. To be of sound mind, it is not necessary that the
testator be in full possession of all his reasoning faculties, or that his mind
be wholly unbroken, unimpaired, or unshattered by disease, injury or
other cause. It shall be sufficient if the testator was able at the time of
making the will to know the nature of the estate to be disposed of, the
proper objects of his bounty, and the character of the testamentary
act (Arts. 798 and 799, NCC).
THE LAW ON
SUCCESSION
Qualifications of the Testator
The law presumes that every person is of sound mind, in the
absence of proof to the contrary. The burden of proof that the
testator was not of sound mind at the time of making his
dispositions is on the person who opposes the probate of the
will; but if the testator, one month, or less, before making his will
was publicly known to be insane, the person who maintains the
validity of the will must prove that the testator made it during a
lucid interval (Art. 800, NCC).
THE LAW ON
SUCCESSION
Qualifications of the Testator
Supervening incapacity does not invalidate an effective will, nor
is the will of an incapable validated by the supervening of
capacity. (Art. 801, NCC).
A married woman may make a will without the consent of her
husband, and without the authority of the court (Art. 802, NCC).
A married woman may dispose by will of all her separate
property as well as her share of the conjugal partnership or
absolute community property. (Art. 803, NCC).
THE LAW ON
SUCCESSION
Qualifications of Witnesses to the Execution of Notarial Will
Any person of sound mind and of the age of eighteen years or more,
and not blind, deaf or dumb, and able to read and write, may be a
witness to the execution of a will mentioned in article 805 of this Code
(Art. 820, NCC).
Any person not domiciled in the Philippines and those who have been
convicted of falsification of a document, perjury or false testimony are
disqualified from being witnesses (Art. 821, NCC).
If the witnesses attesting the execution of a will are competent at the
time of attesting, their becoming subsequently incompetent shall not
prevent the allowance of the will (Art. 822, NCC).
THE LAW ON
SUCCESSION
Qualifications of Witnesses to the Execution of Notarial Will
If a person attests the execution of a will, to whom or to whose spouse,
or parent, or child, a devise or legacy is given by such will, such devise or
legacy shall, so far only as concerns such person, or spouse, or parent, or
child of such person, or any one claiming under such person or spouse,
or parent, or child, be void, unless there are three other competent
witnesses to such will. However, such person so attesting shall be
admitted as a witness as if such devise or legacy had not been made or
given (Art. 823, NCC).
THE LAW ON
SUCCESSION
Qualifications of Witnesses to the Execution of Notarial Will
A mere charge on the estate of the testator for the payment of
debts due at the time of the testator's death does not prevent
his creditors from being competent witnesses to his will (Art.
824 NCC).
Read in relation to Arts. 171–175 and Arts. 180–183, RPC.
The 2020 Interim Rules on Remote Notarization of Paper
Documents shall not apply to the execution of Notarial Wills
[Sec. 2(2), Rule 1, A.M. No. 20-07-04-SC].
THE LAW ON
SUCCESSION
Probate of Will
See Rules 75–77, ROC.
See also Calde v. Court of Appeals, G.R. No. 93980, June
27, 1994.
Intrinsic Validity
See Rules 72 and 79, ROC.
THE LAW ON
SUCCESSION
Holographic Will
A person may execute a holographic will which must be entirely
written, dated, and signed by the hand of the testator himself. It is
subject to no other form, and may be made in or out of the
Philippines, and need not be witnessed (Art. 810, NCC).
Codicil
It is supplement or addition to a will, made after the execution of a
will and annexed to be taken as a part thereof, by which disposition
made in the original will is explained, added to, or altered (Art. 825,
NCC).
THE LAW ON
SUCCESSION
Revocation of Will
The offending spouse shall be disqualified from inheriting from
the innocent spouse by intestate succession. Moreover,
provisions in favor of the offending spouse made in the will of
the innocent spouse shall be revoked by operation of law. [Art.
63(4), Family Code].
Subsequent will or by codicil
Physical act of tearing, burning, or obliterating
N.B. It should be coupled by animo revocandi.
See Rule 130, Secs. 2–5 and 10 (Parol Evidence Rule), ROC.
THE LAW ON
SUCCESSION
Conditional Testamentary Disposition
See Arts. 871–885, NCC.
The testator is free to impose condition/s that should first be
complied with by the instituted heir provided that the
condition/s imposed is not contrary to law, moral, public policy,
good custom or the condition is impossible.
N.B. No condition can be imposed on the legitime.
THE LAW ON
SUCCESSION
Effect of Conditional Testamentary Disposition
The condition/s is/are deemed not written into the will.
Determination of the Legitime and the Free Portion
Legitime is ½ of the net estate; free portion ½ of the net estate.
THE LAW ON
SUCCESSION
LEGITIME
Arts. 886–914, NCC
THE LAW ON
SUCCESSION
N.B. The testamentary dispositions, the devises, legacies are taken from
the free portion only.
THE LAW ON
SUCCESSION
Reserva Troncal
The ascendant who inherits from his descendant any property which the latter
may have acquired by gratuitous title from another ascendant, or a brother or
sister, is obliged to reserve such property as he may have acquired by
operation of law for the benefit of relatives who are within the third degree and
who belong to the line from which said property came (Art. 891, NCC).
Case Illustrations
Edroso v. Sablan, G.R. No. 6878, September 13, 1913
Frias v. CFI of Negros Occidental, G.R. No. L-29901, August 31, 1977
Mendoza v. Santos, G.R. No. 176422, March 20, 2013
Tioco de Papa v. Camacho, G.R. No. L-28032, September 24, 1986, 144 SCRA 231
THE LAW ON
SUCCESSION
INTESTATE SUCCESSION
Arts. 960–1014, NCC
THE LAW ON
SUCCESSION
RULES COMMON TO
TESTATE AND
INTESTATE SUCCESSION
THE LAW ON
SUCCESSION
Right of Accretion
Capacity to Succeed by will or Intestacy
Read Art. 5, PD 603 in relation to Arts. 40 and 41,
NCC.
See Art. 1027, NCC (incapacity of priests, doctors,
etc.).
See Arts. 915 and 916, NCC (incapacity by reason of
unworthiness).
THE LAW ON
SUCCESSION
Acceptance/Repudiation of Inheritance
Any person having the free disposal of his property may accept
or repudiate an inheritance. Any inheritance left to minors or
incapacitated persons may be accepted by their parents or
guardians. Parents or guardians may repudiate the inheritance
left to their wards only by judicial authorization. The right to
accept an inheritance left to the poor shall belong to the
persons designated by the testator to determine the
beneficiaries and distribute the property, or in their default, to
those mentioned in article 1030 (Art. 1044, NCC).
THE LAW ON
SUCCESSION
Acceptance/Repudiation of Inheritance
N.B. Acceptance may be TACIT or IMPLIED.
Concept of Collation
Every compulsory heir, who succeeds with other compulsory heirs,
must bring into the mass of the estate any property or right which
he may have received from the decedent, during the lifetime of the
latter, by way of donation, or any other gratuitous title, in order
that it may be computed in the determination of the legitime of
each heir, and in the account of the partition (Art. 1061, NCC).
THE LAW ON
SUCCESSION
DISINHERITANCE
Arts. 915–959, NCC
THE LAW ON
SUCCESSION
How disinheritance is carried out?
A compulsory heir may, in consequence of disinheritance,
be deprived of his legitime, for causes expressly stated by
law (Art. 915, NCC).
Disinheritance can be effected only through a will wherein
the legal cause therefor shall be specified (Art. 916, NCC).
Case Illustration
Seangio v. Reyes, G.R. No. 140371-72, November 27, 2006
THE LAW ON
SUCCESSION
ESCHEAT
Arts. 1001–1014, NCC; Rule 91, ROC
THE LAW ON
SUCCESSION
Escheat is a proceeding whereby the real and personal
property of a deceased person in the Philippines, who
died without leaving any will or legal heirs, become the
property of the state upon his death (Rule 91, ROC).
THE LAW ON
SUCCESSION
AD MAJOREM DEI
GLORIAM.