CIVIL LAW: INTESTATE SUCCESSION IN THE PHILIPPINES

Intestate succession occurs when a person dies without a valid will, or when the will does not dispose of the entire estate. The rules governing intestate succession are laid down in Book III, Title IV of the Civil Code of the Philippines, specifically Articles 960 to 1014. Below is a detailed discussion of the principles and application of intestate succession in the Philippines.

1. General Principles

Applicability: Intestate succession applies in the following situations:
1. No will is executed.
2. The will is void.
3. The will does not dispose of the entire estate (for the undisposed portion).
4. The heir(s) named in the will are incapable of inheriting or predeceased the decedent without substitutes.
Governing Law: The law in force at the time of death governs intestate succession.
Basis of Succession: Intestate succession follows blood relationships (consanguinity), affinity, and marital status, with priority given to the decedent's descendants and ascendants.

2. Order of Intestate Succession

The Civil Code outlines a hierarchy of heirs who inherit in the following order:

a. Descendants (Article 980)

First Priority: Legitimate children and their legitimate descendants.
Rule: The estate is divided equally among the children, with substitution allowed for predeceased children by their legitimate descendants (per stirpes distribution).
Share of Illegitimate Children: They inherit half the share of legitimate children.

b. Ascendants (Article 982)

Second Priority: If there are no descendants, legitimate parents and ascendants inherit.
Rule: The estate is divided equally between the paternal and maternal lines.
- In default of closer ascendants, the nearest degree ascendant inherits.
Exclusion: Ascendants are excluded by legitimate descendants.

c. Surviving Spouse (Article 995)

The surviving spouse is given the following shares depending on the situation:
- With Descendants: The surviving spouse inherits the same share as each of the legitimate children.
- With Ascendants: The surviving spouse inherits one-half of the estate.
- With Illegitimate Children: The surviving spouse inherits one-third, and the illegitimate children receive two-thirds.
- No Other Heirs: The surviving spouse inherits the entire estate.

d. Collateral Relatives (Articles 1003-1006)

Brothers and Sisters: If no descendants, ascendants, or spouse exist, siblings and their descendants inherit.
- Full siblings inherit double the share of half-siblings.
Further Collaterals: In default of siblings, the nearest collateral relatives up to the fifth degree inherit.

e. The State (Article 1011)

Last Resort: If no heirs exist, the estate escheats to the State for charitable and educational purposes.

3. Specific Rules on Intestate Succession

Representation (Article 981)

When Allowed: Representation is allowed in cases of predeceased descendants or siblings. The substitute takes the share the predeceased heir would have received.
Rule: Substitutes inherit per stirpes, dividing only their parent’s share among themselves.

Division of the Estate (Articles 996-1006)

Equal Division: Legitimate heirs inherit equally in their respective categories.
Illegitimate Children’s Share: Illegitimate children share half of what legitimate children inherit.
Advancements: Properties given during the lifetime of the decedent may be subject to collation unless expressly excluded.

Exclusion and Concurrence of Heirs

Descendants exclude ascendants, collaterals, and the State.
Ascendants exclude collaterals and the State but concur with the surviving spouse.
The surviving spouse always inherits in concurrence with any category of heirs unless entirely excluded.

Escheat to the State

The estate escheats only after exhaustive determination that no legal heirs exist.

4. Common Issues in Intestate Succession

a. Proof of Heirship

Requirements: Heirs must present proof of relationship, typically through birth or marriage certificates.
Judicial Declaration: In cases of disputes, a court judgment may be necessary to establish heirship.

b. Collation

Definition: Collation is the addition of properties received as advancements to the estate.
Purpose: To ensure equality among heirs.
Rule: Collation applies only to compulsory heirs unless waived by the decedent.

c. Partition

Heirs may divide the estate through an extrajudicial settlement (if no will exists and all heirs agree) or by judicial proceedings.

d. Rights of Illegitimate Children

They inherit only from their parents and not from legitimate relatives of the parent.

e. Special Laws Affecting Intestate Succession

Family Code: Governs the rights of the surviving spouse and illegitimate children.
Other Laws: Special laws like agrarian reform and housing laws may impose restrictions on inheritance of certain properties.

5. Practical Applications

Extrajudicial Settlement: If heirs agree, they can settle without court intervention by executing an agreement and publishing it in a newspaper.
Judicial Partition: When disputes arise, courts resolve issues of heirship, property identification, and division.
Estate Tax: Heirs are required to file an estate tax return and pay the necessary taxes before distribution.

6. Conclusion

Intestate succession ensures that an individual’s estate is distributed in accordance with law when no valid will exists. Understanding its principles, especially the hierarchy of heirs, is crucial for the proper settlement of estates. Careful compliance with statutory procedures and documentation is necessary to avoid disputes and legal complications.