Compulsory Succession | Different Kinds of Succession | WILLS AND SUCCESSION

CIVIL LAW > VI. WILLS AND SUCCESSION > B. Different Kinds of Succession > 2. Compulsory Succession

Definition of Compulsory Succession

Compulsory succession refers to a type of succession under Philippine law where certain heirs, known as compulsory heirs, are entitled to a fixed and definite portion of the estate of the decedent by operation of law. These heirs cannot be deprived of their rightful share except for valid causes expressly provided by law.

Legal Basis

The rules on compulsory succession are governed by the Civil Code of the Philippines, particularly Articles 887 to 906, which establish:

• Who are considered compulsory heirs
• Their respective legitimes (reserved shares)
• Restrictions on testamentary freedom to protect these legitimes

Who Are the Compulsory Heirs?

Under Article 887 of the Civil Code, the following are considered compulsory heirs:

1. Primary Compulsory Heirs:
   • Legitimate children and their descendants.
2. Secondary Compulsory Heirs (in default of the primary heirs):
   • Legitimate parents and ascendants.
3. Conjugal Heirs:
   • The surviving spouse.
4. Illegitimate Children:
   • Entitled to their legitime, albeit smaller than legitimate children.
5. In Default of the Above:
   • In certain circumstances, other relatives may inherit, but this does not pertain to compulsory succession.

The Legitime

The legitime is the portion of the decedent’s estate that is reserved by law for the compulsory heirs. It cannot be reduced or impaired except in cases where the law expressly allows it (e.g., through disinheritance).

Proportions of the Legitime:

1. Legitimate Children and Descendants:
   • If there is one legitimate child, their legitime is one-half of the estate.
   • If there are two or more, they collectively receive one-half, shared equally.
2. Illegitimate Children:
   • They receive one-half of the share of a legitimate child.
3. Surviving Spouse:
   • If there are legitimate children, the spouse is entitled to a share equal to that of one legitimate child.
   • If there are no legitimate children but there are legitimate ascendants, the spouse shares the legitime with them.
   • If the spouse is the sole compulsory heir, the legitime is one-half of the estate.
4. Legitimate Parents and Ascendants:
   • They are entitled to one-half of the estate if there are no legitimate children or descendants.
5. Conjugal Partnership/Absolute Community Property:
   • The surviving spouse is entitled to receive 50% of the conjugal property before distribution of the estate, representing their share in the property regime.

Prohibited Acts and Restrictions

1. Reduction of Legitime:
   • Testamentary dispositions cannot impair the legitime of compulsory heirs. If the testator allocates more than the free portion to other heirs, the excess is reduced by operation of law.
2. Prohibition on Disinheritance Without Cause:
   • Compulsory heirs cannot be disinherited except for causes expressly enumerated under Articles 919 to 921 of the Civil Code (e.g., abandonment, maltreatment of the testator, or crimes committed against the testator).
3. Prohibition on Conditional Legitime:
   • The legitime cannot be subject to conditions or burdens unless allowed by law.

Succession in Case of Predeceased Heirs

If a compulsory heir predeceases the decedent, the following rules apply:

1. Representation:
   • The descendants of the predeceased heir represent him or her and inherit in their stead.
2. Division:
   • The legitime of the predeceased heir is divided among their descendants equally.

Compulsory Succession in Intestate Estates

In cases of intestacy (when there is no will), compulsory heirs inherit first, in the same proportions as their legitimes. The rules on legitime apply equally to intestate succession to ensure the protection of compulsory heirs.

Grounds for Disinheritance

The law enumerates specific grounds under which compulsory heirs may be disinherited:

1. For children: Acts such as maltreatment of the parents, committing crimes against the parents, or abandoning them.
2. For parents: Acts such as attempting against the life of a child or compelling a child to commit a crime.
3. For the surviving spouse: Adultery, desertion, or maltreatment.

Disinheritance must be made in a valid will, and the grounds must be proven. If the disinheritance is invalid or not properly substantiated, it will have no legal effect.

Effect of Renunciation or Preterition

1. Renunciation:
   • A compulsory heir may renounce their share of the inheritance, but such renunciation must be clear and unequivocal.
2. Preterition:
   • If a compulsory heir is omitted in a will, the will may be declared void insofar as it prejudices the legitime of the omitted heir. The omitted heir is entitled to claim their rightful share.

Key Takeaways

• Compulsory succession ensures that compulsory heirs are guaranteed their rightful share of the estate.
• Testators have limited freedom to dispose of their property because they cannot impair the legitime.
• The legitime and the distribution of the estate vary depending on the presence and type of heirs.
• Violations of the rules on compulsory succession can lead to the nullification of testamentary dispositions or partial intestacy.

Compulsory succession balances the rights of heirs and the testamentary freedom of the deceased, ensuring fairness and protection under the law.