CIVIL LAW > VI. WILLS AND SUCCESSION > A. Succession > 1. Definition

In Philippine civil law, succession refers to the legal process through which the rights, obligations, and properties of a deceased person (decedent) are transferred to his or her heirs, devisees, or legatees. This process is governed primarily by the Civil Code of the Philippines under Book III, Title VIII.

I. Definition of Succession

Under Article 774 of the Civil Code of the Philippines, succession is defined as follows:

"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."

This definition emphasizes that succession is an instrument for the transfer of property rights from the decedent to the heirs and involves both:

Voluntary Succession: When the transfer occurs through a valid will.
Intestate Succession: When there is no will, or if the will is deemed invalid or partially defective.

II. Characteristics of Succession

Post-Mortem: Succession only occurs upon the death of the decedent, making it distinct from inter vivos (among the living) transfers of property.
Transfer of Obligations and Rights: Succession does not solely involve assets but also includes obligations of the decedent, limited to the extent of the value of the inheritance. Heirs generally do not inherit the obligations exceeding this value.
Modes of Succession:
- Testamentary: Governed by a will, explicitly outlining the decedent’s wishes.
- Legal or Intestate: Governed by law in the absence or invalidity of a will.
- Mixed Succession: When a valid will disposes of part of the estate, and the remainder is governed by intestate succession.

III. Terminology in Succession

Decedent: The deceased individual whose estate is the subject of succession.
Heirs: Individuals designated by law or will to inherit from the decedent. There are two types:
- Compulsory Heirs: Individuals whom the law mandates must receive a portion of the inheritance, such as legitimate children, legitimate ascendants, and the surviving spouse.
- Voluntary Heirs: Persons named in the will who are not compulsory heirs.
Devisees and Legatees: Terms specific to testamentary succession:
- Devisees: Persons who receive real property under a will.
- Legatees: Persons who receive personal property under a will.

IV. Distinctions in Types of Succession

Intestate Succession: When there is no valid will, the estate is distributed according to statutory rules outlined in the Civil Code.
Testamentary Succession: When a valid will governs the distribution of assets.
- Wills can be of two types under Philippine law:
  - Notarial or Ordinary Will: Executed with witnesses before a notary public.
  - Holographic Will: Handwritten, dated, and signed by the testator without the need for witnesses.

V. Elements of Succession

Testator or Decedent: The person who has passed away and whose estate is being settled.
Estate or Inheritance: The totality of the decedent's property, rights, and obligations that form part of the succession.
Successor: The person or persons to whom the estate is transmitted.
Title: The legal basis by which the succession operates, which could be a will or statutory law.
Transfer of Ownership: The effectuation of the change in ownership of property from the decedent to the successor.

VI. Purpose of Succession

Succession serves to:

Honor the Will of the Decedent: If the decedent left a will, Philippine law, as far as it permits, enforces their wishes.
Provide for Family Members: By granting certain family members a legally protected share of the estate.
Maintain Social Order: Through predictable and enforceable laws governing succession.

VII. Right to Succeed

In Philippine succession law, the right to succeed may be based on the following:

Legitimacy: Compulsory heirs are typically legitimate heirs.
Survivorship: The successor must survive the decedent to inherit.
Capacity and Worthiness: Persons deemed unworthy due to specific legal disqualifications (e.g., convicted of attempting to harm the decedent) are barred from inheriting.

VIII. Governing Law and Jurisdiction

The applicable law to determine succession rights is the nationality of the decedent at the time of death, under Article 16 of the Civil Code. Philippine courts maintain jurisdiction if the decedent is a Filipino national or if the properties in question are located within the Philippines.

IX. Legal Principles Affecting Succession

Reserves and Legitime: The portions of the estate reserved by law for compulsory heirs, particularly when there are surviving descendants, ascendants, or a spouse.
Freedom of Disposition: While the testator has freedom to distribute their assets via will, the law restricts total freedom to protect the rights of compulsory heirs.
Doctrine of Acceptance and Repudiation: Heirs have the right to either accept or renounce their inheritance within a reasonable time following the decedent’s death.

X. Conclusion

Succession, as defined in Philippine civil law, is a structured and legally regulated process that facilitates the orderly transfer of assets and liabilities from a deceased individual to designated heirs, either through testamentary directives or statutory guidelines. It aims to balance the testamentary freedom of the decedent with the interests and rights of compulsory heirs, promoting social stability and the continuity of family wealth. This legal framework ensures fairness and predictability in handling the decedent’s estate, providing protections for both the decedent’s expressed wishes and the rightful heirs.