succession notes- kenet.doc

8/12/2019 Succession Notes- kenet.doc

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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)

Art. 712. Ownership is acquired by occupation and by intellectual creation.

Ownership and other real rights over property are acquired and transmitted by law, bydonation, by estate and intestate succession, and in consequence of certain contracts, by

tradition.

They may also be acquired by means of prescription.

Art. 1311. ontracts ta!e e"ect only between the parties, their assigns and heirs, except in

case where the rights and obligations arising from the contract are not transmissible by their

nature, or by stipulation or by provision of law. The heir is not liable beyond the value of the

property he received from the decedent.

#f a contract should contain some stipulation in favor of a third person, he may demand its

ful$llment provided he communicated his acceptance to the obligor before its revocation. %mere incidental bene$t or interest of a person is not su&cient. The contracting parties must

have clearly and deliberately conferred a favor upon a third person.

Art. 795. The validity of a will as to its form depends upon the observance of the law in

force at the time it is made

Art. 17. 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.

'hen the acts referred to are executed before the diplomatic or consular o&cials of the

epublic of the hilippines in a foreign country, the solemnities established by hilippine

laws shall be observed in their execution.

rohibitive laws concerning persons, their acts or property, and those which have, for their

ob*ect, public order, public policy and good customs shall not be rendered ine"ective by

laws or *udgments promulgated, or by determinations or conventions agreed upon in a

foreign country.

Art. 810.% person may execute a holographic will which must be entirely written, dated,

and signed by the hand of the testator himself. #t is sub*ect to no other form, and may be

made in or out of the hilippines, and need not be witnessed

Art. 815. 'hen a +ilipino is in a foreign country, he is authoried to ma!e a will in any of the

forms established by the law of the country in which he may be. Such will may be probated

in the hilippines. (n)

Art. 816.The will of an alien who is abroad produces e"ect in the hilippines if made with

the formalities prescribed by the law of the place in which he resides, or according to the

formalities observed in his country, or in conformity with those which this ode prescribes.

(n)


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Art. 817.% will made in the hilippines by a citien or sub*ect of another country, which is

executed in accordance with the law of the country of which he is a citien or sub*ect, and

which might be proved and allowed by the law of his own country, shall have the same

e"ect as if executed according to the laws of the hilippines. (n)

Art. 818. Two or more persons cannot ma!e a will *ointly, or in the same instrument, either

for their reciprocal bene$t or for the bene$t of a third person.(--)

Art. 819.'ills, prohibited by the preceding article, executed by +ilipinos in a foreign

country shall not be valid in the hilippines, even though authoried by the laws of the

country where they may have been executed

Art. 2263. ights to the inheritance of a person who died, with or without a will, before the

e"ectivity of this ode, shall be governed by the ivil ode of /00, by other previous laws,

and by the ules of ourt. The inheritance of those who, with or without a will, die after the

beginning of the e"ectivity of this ode, shall be ad*udicated and distributed in accordance

with this new body of laws and by the ules of ourt1 but the testamentary provisions shall

be carried out insofar as they may be permitted by this ode. Therefore, legitimes,

betterments, legacies and bequests shall be respected1 however, their amount shall bereduced if in no other manner can every compulsory heir be given his full share according to

this ode. (ule /2a)

Art. 16. eal property as well as personal property is sub*ect to the law of the country

where it is stipulated.

3owever, 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. 1039. apacity to succeed is governed by the law of the nation of the decedent.

Art. 775. #n this Title, 4decedent4 is the general term applied to the person whose property

is transmitted through succession, whether or not he left a will. #f he left a will, he is also

called the testator.

Art. 782. %n heir is a person called to the succession either by the provision of a will or by

operation of law.

5evisees and legatees are persons to whom gifts of real and personal property are

respectively given by virtue of a will.

Art. 887. The following are compulsory heirs6

(/) 7egitimate children and descendants, with respect to their legitimate parents and

ascendants1

(2) #n default of the foregoing, legitimate parents and ascendants, with respect to their

legitimate children and descendants1


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(8) The widow or widower1

(9) %c!nowledged natural children, and natural children by legal $ction1

(:) Other illegitimate children referred to in %rticle 20;.

Art. 287. #llegitimate children other than natural in accordance with %rticle 2- and otherthan natural children by legal $ction are entitled to support and such successional rights as

are granted in this ode.

Art. 1003. #f there are no descendants, ascendants, illegitimate children, or a surviving

spouse, the collateral relatives shall succeed to the entire estate of the deceased in

accordance with the following articles.

Art. 963. roximity of relationship is determined by the number of generations. a)

Art. 968. #f 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, save the right of representation when it should ta!e place. (22)


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Art. 969. #f the inheritance should be repudiated by the nearest relative, should there be

one only, or by all the nearest relatives called by law to succeed, should there be several,

those of the following degree shall inherit in their own right and cannot represent the person

or persons repudiating the inheritance. (28)

Art. 1024. ersons not incapacitated by law may succeed by will or ab intestato.

The provisions relating to incapacity by will are equally applicable to intestate succession.

Art. 1034. #n order to *udge the capacity of the heir, devisee or legatee, his quali$cation at

the time of the death of the decedent shall be the criterion.

#n cases falling under ?os. 2, 8, or : of %rticle />82, it shall be necessary to wait until $nal

*udgment is rendered, and in the case falling under ?o. 9, the expiration of the month

allowed for the report.

Art. 1032.The following are incapable of succeeding by reason of unworthiness6

(/) arents who have abandoned their children or induced their daughters to lead a corrupt

or immoral life, or attempted against their virtue1

(2) %ny person who has been convicted of an attempt against the life of the testator, his or

her spouse, descendants, or ascendants1

(8) %ny person who has accused the testator of a crime for which the law prescribes

imprisonment for six years or more, if the accusation has been found groundless1

(9) %ny heir of full age who, having !nowledge of the violent death of the testator, should

fail to report it to an o&cer of the law within a month, unless the authorities have already

ta!en action1 this prohibition shall not apply to cases wherein, according to law, there is no

obligation to ma!e an accusation1

(:) %ny person convicted of adultery or concubinage with the spouse of the testator1

(-) %ny person who by fraud, violence, intimidation, or undue in@uence should cause the

testator to ma!e a will or to change one already made1

(;) %ny person who by the same means prevents another from ma!ing a will, or from

revo!ing one already made, or who supplants, conceals, or alters the latterAs will1

(0) %ny person who falsi$es or forges a supposed will of the decedent.

Art. 1039. apacity to succeed is governed by the law of the nation of the decedent.


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Art. 16. eal property as well as personal property is sub*ect to the law of the country

where it is stipulated.

3owever, 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 andregardless of the country wherein said property may be found.

Art. 1024. ersons not incapacitated by law may succeed by will or ab intestato.

The provisions relating to incapacity by will are equally applicable to intestate succession.

(;99, /9)

Art. 1025. #n order to be capacitated to inherit, the heir, devisee or legatee must be living

at the moment the succession opens, except in case of representation, when it is proper.

% child already conceived at the time of the death of the decedent is capable of succeeding

provided it be born later under the conditions prescribed in article 9/. (n)

Art. 1026.% testamentary disposition may be made to the State, provinces, municipal

corporations, private corporations, organiations, or associations for religious, scienti$c,

cultural, educational, or charitable purposes.

%ll other corporations or entities may succeed under a will, unless there is a provision to the

contrary in their charter or the laws of their creation, and always sub*ect to the same.

Art. 1029. Should the testator dispose of the whole or part of his property for prayers and

pious wor!s for the bene$t of his soul, in general terms and without specifying its

application, the executor, with the courtAs approval shall deliver one=half thereof or its

proceeds to the church or denomination to which the testator may belong, to be used for

such prayers and pious wor!s, and the other half to the State, for the purposes mentioned in

%rticle />/8. (;9;a)

Art. 1030. Testamentary provisions in favor of the poor in general, without designation of

particular persons or of any community, shall be deemed limited to the poor living in the

domicile of the testator at the time of his death, unless it should clearly appear that his

intention was otherwise.

The designation of the persons who are to be considered as poor and the distribution of the

property shall be made by the person appointed by the testator for the purpose1 in default of

such person, by the executor, and should there be no executor, by the *ustice of the peace,

the mayor, and the municipal treasurer, who shall decide by a ma*ority of votes all questions

that may arise. #n all these cases, the approval of the ourt of +irst #nstance shall be

necessary.

The preceding paragraph shall apply when the testator has disposed of his property in favor

of the poor of a de$nite locality.

Art. 1025. #n order to be capacitated to inherit, the heir, devisee or legatee must be living

at the moment the succession opens, except in case of representation, when it is proper.


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% child already conceived at the time of the death of the decedent is capable of succeeding

provided it be born later under the conditions prescribed in article 9/.

Art. 41. +or civil purposes, the fetus is considered born if it is alive at the time it is

completely delivered from the motherAs womb. 3owever, if the fetus 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. 1027. The following are incapable of succeeding6

(/) The priest who heard the confession of the testator during his last illness, or the minister

of the gospel who extended spiritual aid to him during the same period1

(2) The relatives of such priest or minister of the gospel within the fourth degree, the church,

order, chapter, community, organiation, or institution to which such priest or minister may

belong1

(8) % guardian with respect to testamentary dispositions given by a ward in his favor before

the $nal accounts of the guardianship have been approved, even if the testator should dieafter the approval thereof1 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

valid1

(9) %ny attesting witness to the execution of a will, the spouse, parents, or children, or any

one claiming under such witness, spouse, parents, or children1

(:) %ny physician, surgeon, nurse, health o&cer or druggist who too! care of the testator

during his last illness1

(-) #ndividuals, associations and corporations not permitted by law to inherit. (;9:, ;:2, ;:8,

;:9a)

Art. 1028. The prohibitions mentioned in article ;8, concerning donations inter vivos shall

apply to testamentary provisions.

Art. 739.The following donations shall be void6

(/) Those made between persons who were guilty of adultery or concubinage at the time of

the donation1

(2) Those made between persons found guilty of the same criminal o"ense, in consideration

thereof1

(8) Those made to a public o&cer or his wife, descedants and ascendants, by reason of hiso&ce.

#n the case referred to in ?o. /, the action for declaration of nullity may be brought by the

spouse of the donor or donee1 and the guilt of the donor and donee may be proved by

preponderance of evidence in the same action.


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Art. 1031. % testamentary provision in favor of a disquali$ed person, even though made

under the guise of an onerous contract, or made through an intermediary, shall be void.

(;::)

Art. 1032. The following are incapable of succeeding by reason of unworthiness6

(/) arents who have abandoned their children or induced their daughters to lead a corruptor immoral life, or attempted against their virtue1

(2) %ny person who has been convicted of an attempt against the life of the testator, his or

her spouse, descendants, or ascendants1

(8) %ny person who has accused the testator of a crime for which the law prescribes

imprisonment for six years or more, if the accusation has been found groundless1

(9) %ny heir of full age who, having !nowledge of the violent death of the testator, should

fail to report it to an o&cer of the law within a month, unless the authorities have already

ta!en action1 this prohibition shall not apply to cases wherein, according to law, there is no

obligation to ma!e an accusation1

(:) %ny person convicted of adultery or concubinage with the spouse of the testator1

(-) %ny person who by fraud, violence, intimidation, or undue in@uence should cause the

testator to ma!e a will or to change one already made1

(;) %ny person who by the same means prevents another from ma!ing a will, or from

revo!ing one already made, or who supplants, conceals, or alters the latterAs will1

(0) %ny person who falsi$es or forges a supposed will of the decedent. (;:-, -;8, -;9a)

Art. 1033. The cause of unworthiness shall be without e"ect if the testator had !nowledge

thereof at the time he made the will, or if, having !nown of them subsequently, he shouldcondone them in writing.

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.(9/a)

Art. 991. #f legitimate ascendants are left, the illegitimate children shall divide the

inheritance with them, ta!ing one=half of the estate, whatever be the number of the

ascendants or of the illegitimate children. (92=09/a)

Art. 992. %n illegitimate child has no right to inherit ab intestato from the legitimate

children and relatives of his father or mother1 nor shall such children or relatives inherit inthe same manner from the illegitimate child

Art. 1036. %lienations of hereditary property, and acts of administration performed by the

excluded heir, before the *udicial order of exclusion, are valid as to the third persons who

acted in good faith1 but the co=heirs shall have a right to recover damages from the

disquali$ed heir


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Art. 1035. #f 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 en*oy the usufruct and administration of the property thus

inherited by his children

Art. 1937. Bovable or immovable property may be the ob*ect of commodatum.

Art. 1014. #f a person legally entitled to the estate of the deceased appears and $les a

claim thereto with the court within $ve years from the date the property was delivered to the

State, such person shall be entitled to the possession of the same, or if sold the municipality

or city shall be accountable to him for such part of the proceeds as may not have been

lawfully spent.

Art. 1038. %ny person incapable of succession, who, disregarding the prohibition stated in

the preceding articles, entered into the possession of the hereditary property, shall be

obliged to return it together it its accessions.

3e shall be liable for all the fruits and rents he may have received, or could have received

through the exercise of due diligence.

Art. 1040. The action for a declaration of incapacity and for the recovery of the inheritance,

devise or legacy shall be brought within $ve years from the time the disquali$ed person too!

possession thereof. #t may be brought by any one who may have an interest in the

succession.

Art. 776. The inheritance includes all the property, rights and obligations of a person which

are not extinguished by his death

Art. 781. The inheritance of a person includes not only the property and the transmissible

rights and obligations existing at the time of his death, but also those which have accrued

thereto since the opening of the succession

Art. 1311. ontracts ta!e e"ect only between the parties, their assigns and heirs, except in

case where the rights and obligations arising from the contract are not transmissible by their

nature, or by stipulation or by provision of law. The heir is not liable beyond the value of the

property he received from the decedent.

#f a contract should contain some stipulation in favor of a third person, he may demand its

ful$llment provided he communicated his acceptance to the obligor before its revocation. %

mere incidental bene$t or interest of a person is not su&cient. The contracting parties must

have clearly and deliberately conferred a favor upon a third person.

Art. 1429. 'hen a testate or intestate heir voluntarily pays a debt of the decedent

exceeding the value of the property which he received by will or by the law of intestacy from

the estate of the deceased, the payment is valid and cannot be rescinded by the payer.


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Art. 1178. Sub*ect to the laws, all rights acquired in virtue of an obligation are

transmissible, if there has been no stipulation to the contrary.

Art. 1347. %ll things which are not outside the commerce of men, including future things,

may be the ob*ect of a contract. %ll rights which are not intransmissible may also be the

ob*ect of contracts.

?o contract may be entered into upon future inheritance except in cases expressly

authoried by law.

%ll services which are not contrary to law, morals, good customs, public order or public

policy may li!ewise be the ob*ect of a contract.

Art. 108. Obligation to ma!e restoration, reparation for damages, or indemni$cation for

consequential damages and actions to demand the same1 Cpon whom it devolves. = The

obligation to ma!e restoration or reparation for damages and indemni$cation for

consequential damages devolves upon the heirs of the person liable.

The action to demand restoration, reparation, and indemni$cation li!ewise descends to theheirs of the person in*ured.

succession notes- kenet.doc

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