CIVIL LAW: WILLS AND SUCCESSION

C. Provisions Common to Testate and Intestate Succession

The provisions common to testate and intestate succession are found under the Civil Code of the Philippines, primarily in Articles 777 to 1105. These provisions establish rules applicable to both modes of succession, ensuring consistency and fairness in the distribution of an estate. Below is a detailed discussion of the key principles and doctrines.

1. General Principles of Succession

Definition of Succession (Art. 774):
Succession is the mode of transferring property, rights, and obligations of a deceased person (decedent) to his/her heirs or legatees/devisees, either by will (testate) or by operation of law (intestate).
Opening of Succession (Art. 777):
Succession is opened at the moment of death of the decedent, and it is governed by the law in force at the time of death.
Capacity to Succeed (Art. 1024):
All persons not disqualified by law can inherit. However, incapacity due to unworthiness (e.g., committing certain crimes against the decedent or falsifying the will) may bar an heir from inheritance.

2. Rights and Obligations Common to Heirs

Transmission of Obligations (Art. 776):
The heir succeeds not only to the rights and property but also to the obligations of the decedent, except those that are personal or extinguished by death.
Acceptance or Repudiation of Inheritance (Arts. 1041–1057):
Heirs may choose to accept or repudiate their inheritance, which can be done expressly or impliedly. Once repudiation is made, it is irrevocable.
Right to Provisional Possession (Art. 440):
Before distribution, heirs may have provisional possession of the estate, subject to administration and liquidation of debts.
Accretion (Art. 1015):
If an heir or legatee cannot inherit (e.g., predeceases the decedent), their share accrues to the co-heirs, unless otherwise provided by the will or law.

3. Properties Included in Succession

Inheritance (Art. 776):
Includes all property, rights, and obligations of the decedent not extinguished by death. This encompasses:
- Tangible and intangible property.
- Obligations, subject to liquidation of debts.
- Rights of usufruct, provided these are transferable by law.
Exclusions:
Personal obligations or rights extinguished upon death (e.g., employment contracts, personal services).

4. Order of Succession

Testate Succession:
Governed by the decedent's will, subject to limitations imposed by law (e.g., legitime).
Intestate Succession:
Occurs when:
- There is no valid will.
- The will is partially or wholly void.
- The testator does not dispose of the entire estate.
Preference of Heirs in Intestate Succession (Arts. 978–1014):
- Legitimate children and descendants.
- Legitimate parents and ascendants.
- Illegitimate children and descendants.
- Surviving spouse.
- Collateral relatives up to the fifth degree.
- State, if there are no heirs.

5. Administration and Liquidation of the Estate

Executor or Administrator (Arts. 1058–1061):
A will may name an executor, or the court may appoint an administrator in the absence of a will. The duties include:
- Inventory and appraisal of the estate.
- Liquidation of debts and obligations.
- Distribution of the net estate.
Order of Payment of Debts (Arts. 1059, 2239):
Debts are paid in the following order of priority:
- Funeral expenses.
- Expenses of last illness.
- Wages due to laborers.
- Taxes and assessments.
- Other claims.

6. Collation and Partition

Collation (Arts. 1061–1069):
The bringing into the mass of the estate of property or amounts received by an heir during the lifetime of the decedent, for purposes of equal distribution.
Partition (Arts. 1078–1090):
The division of the estate among heirs, which can be done:
- By agreement among the heirs.
- By judicial partition if there is a dispute.
Rescission of Partition (Art. 1098):
Partition may be rescinded if it is tainted with fraud, mistake, or coercion.

7. Provisions Applicable to Both Testate and Intestate Succession

Preservation of the Legitime (Art. 886):
Whether in testate or intestate succession, the legitime (reserved portion for compulsory heirs) must be preserved.
Doctrine of Representation (Art. 970):
Representation allows descendants to inherit in place of their predeceased parents.
Advancements (Arts. 1089–1091):
Property given as an advancement during the lifetime of the decedent is imputed to the share of the heir receiving it.
Prohibition on Waiver of Future Inheritance (Art. 1045):
Agreements waiving future inheritance are void.

8. Key Legal Remedies

Petition for Declaration of Heirship:
Filed to determine rightful heirs in the absence of clarity.
Probate of the Will (Arts. 838–839):
The will must be submitted to probate to ascertain its validity.
Action for Partition:
If the heirs cannot agree on the division, an action for partition can be filed.
Action for Annulment of Partition:
Fraud, undue influence, or mistake can serve as grounds for annulment.

9. Special Rules for Illegitimate Children

Rights to Inherit (Art. 887):
Illegitimate children have a legitime equal to half of that of legitimate children.
Prohibition on Representation:
Illegitimate children cannot represent their parents in succession to legitimate relatives.

This summary provides an exhaustive overview of provisions common to testate and intestate succession under Philippine Civil Law. For application to specific cases, it is essential to examine the relevant facts and documents closely, given the complexity of succession law.