Under the Philippine Civil Code, succession is the process by which the rights and obligations of a deceased person are transmitted to their heirs. Succession is either testamentary (through a will) or intestate (without a will), and can also be mixed. The following is an exhaustive guide on the types of succession, focusing on the fundamental principles and specific provisions under Philippine law:

I. Types of Succession

The Civil Code of the Philippines, particularly under Book III, Title III, governs the types of succession, namely testamentary, intestate, and mixed succession.

1. Testamentary Succession

Testamentary succession occurs when a person’s property is passed on to heirs according to a will, a legal document specifying their wishes regarding the distribution of their estate.
A valid will must meet certain formalities, as governed by Articles 783 to 796 of the Civil Code. Testamentary capacity, intention, and adherence to formal requirements are crucial.
A testator can exercise the freedom of disposition, but only within limits set by law, particularly regarding the legitime, or the portion of the estate reserved by law for compulsory heirs.
Forms of Wills: The Civil Code recognizes two types of wills:
- Notarial Will: Requires the testator’s signature, the presence of witnesses, and attestation clauses.
- Holographic Will: Entirely handwritten, signed, and dated by the testator, needing no witnesses but must meet strict authenticity criteria.

2. Intestate Succession

Intestate succession occurs when a person dies without a valid will, and the estate is distributed in accordance with the law.
The Civil Code, specifically Articles 960 to 1014, prescribes how an estate is divided among compulsory heirs when there is no will.
Order of Intestate Succession:
- First Degree (Children and Descendants): The primary heirs of a decedent are their legitimate and illegitimate children. Legitimate descendants are entitled to equal shares.
- Second Degree (Ascendants): If the decedent leaves no descendants, the estate passes to legitimate ascendants (parents or grandparents).
- Third Degree (Spouse): If no descendants or ascendants exist, the surviving spouse inherits the estate.
- Fourth Degree (Collateral Relatives): In the absence of the above, the decedent’s siblings, nephews, nieces, and other relatives up to the fifth civil degree may inherit.
- State Escheat: If there are no legal heirs, the estate is turned over to the government (escheated).

3. Mixed Succession

Mixed succession arises when part of the estate is disposed of through a will, and part is governed by intestate succession.
This can occur if a testator dies with a partially invalid will, or if the will disposes of only a portion of the estate, leaving the remainder to be distributed according to intestate rules.

II. Compulsory Heirs and Legitimes

1. Definition of Compulsory Heirs

Compulsory heirs are individuals who cannot be deprived of their share in the decedent’s estate except in cases expressly provided by law.
Primary Compulsory Heirs: These include legitimate children, adopted children, and in some cases, illegitimate children.
Secondary Compulsory Heirs: Parents and legitimate ascendants are considered secondary heirs if there are no primary heirs.
Spouse: The surviving spouse is also a compulsory heir and entitled to a share of the decedent’s estate.

2. Legitimes

The legitime is the portion of an estate reserved for compulsory heirs and is protected by law. The testator cannot freely dispose of this portion.
Share of the Legitimate Children and Descendants: Legitimate children are entitled to half of the estate if there are no descendants.
Share of the Surviving Spouse: The surviving spouse’s share varies depending on whether they co-exist with legitimate children, ascendants, or collateral relatives.
Share of Illegitimate Children: Although entitled to inherit, illegitimate children receive half the share of legitimate children.
Right of Representation: If a compulsory heir predeceases the decedent, their share may pass to their own children (representatives).

III. Disinheritance

1. Grounds for Disinheritance

A testator may disinherit a compulsory heir for causes explicitly provided by law (e.g., maltreatment, unjustified abandonment).
Disinheritance must be explicitly stated in a will, with a clear and legally valid cause.
Legal Causes: Specific actions against the testator or certain acts that violate the natural obligations of the heir may justify disinheritance, as listed in Articles 919 to 922.

2. Formal Requirements for Disinheritance

Disinheritance must appear in a will, stating both the disinherited heir and the lawful cause for disinheritance.
Failing to meet these requirements or using insufficient causes renders the disinheritance void, thus allowing the heir to claim their legitime.

IV. Collation

Collation is the process of adding back gifts or advancements made by the decedent to heirs during their lifetime to the estate’s total value.
Purpose of Collation: To ensure equitable distribution, collated assets are included in the estate to calculate each heir’s rightful share.
Advancements and Donations: Gifts received by descendants may be deemed advancements on their legitime and should be returned to the estate unless expressly exempted by the testator.

V. Provisions on Substitution and Fideicommissary Substitution

Simple Substitution: The testator appoints a substitute heir to inherit if the primary heir is unable or unwilling.
Fideicommissary Substitution: A complex type of substitution where the first heir is required to conserve the inheritance and later pass it on to a second designated heir.
Limitations: Under Philippine law, fideicommissary substitution is limited to two degrees and cannot encompass entire estates.

VI. Legacies and Devises

Legacies and Devises: Specific items or monetary amounts in a will bequeathed to particular individuals.
Execution of Legacies and Devises: These must be honored before distributing the residual estate but must respect the legitime of compulsory heirs.
Void Legacies and Devises: If a legacy or devise violates compulsory heirs' legitime, it may be declared void or subject to reduction.

VII. Rights and Obligations of Heirs

Acceptance or Repudiation: Heirs can either accept or reject their inheritance.
Concurrence and Conflict: In cases of multiple heirs, they may exercise concurrent rights but must settle any conflicting claims through judicial proceedings.
Heirs’ Obligations: Accepting heirs assume the decedent’s debts up to the value of the inherited estate but are not personally liable beyond that.

VIII. Conclusion

The laws governing succession in the Philippines ensure a fair distribution of assets while respecting the wishes of the deceased, as expressed in a will. The Civil Code meticulously outlines rights and obligations, legitimes, and the balance between testamentary freedom and statutory obligations to protect heirs.