CIVIL LAW

VI. Wills and Succession A. Succession 2. Elements of Succession a. Death

I. Introduction

In Philippine Civil Law, succession is a mode of transferring ownership rights over property, obligations, and other rights from one person to another upon death. This legal process is anchored in Book III, Title I of the Civil Code of the Philippines. Succession cannot occur without death; thus, death is regarded as the fundamental triggering event in succession law.

II. Definition and Legal Implications of Death

Death is defined in Philippine law as the termination of a person's biological existence. In succession, death legally terminates the deceased’s ownership and control over his properties and other rights, allowing their transfer to his heirs or designated beneficiaries.

Death, therefore, triggers the commencement of both:

Testate Succession - When there is a will (last will and testament).
Intestate Succession - When there is no will.

The rights and obligations of the deceased are transferred to successors, subject to the debts and charges of the estate.

III. Death as a Requisite in Succession

A. Role of Death in Succession

Trigger for Transfer: Death initiates the legal process by which the decedent's property passes to heirs and legatees. It is the "cause" in legal terminology.
Presumption of Death: Courts may legally presume death in cases where a person has been absent for a significant period under Article 390 and Article 391 of the Civil Code, though specific circumstances and periods apply.

B. Effect of Death on Property Ownership

Transfer of Ownership: Ownership of the decedent’s property passes to heirs upon death.
Transmission of Rights: All inheritable rights and obligations of the deceased are transmitted by operation of law, unless otherwise provided.

C. Death as a Defining Point for Estate Composition

The estate is valued based on the assets and obligations at the time of death.
Property acquired post-death does not fall within the succession estate.
Distinction in Successions: Death determines whether the succession will proceed under a will or intestate law.

IV. Time of Death and Legal Implications

Immediate Effect: The law recognizes the rights of heirs as immediately vested at the moment of death. However, possession and control are provisional until the estate is settled.
Legal and Medical Standards: Proof of death may require medical certification or judicial confirmation when presumptions are applied.

A. Presumptive Death

Ordinary Absence: A person is presumed dead after seven years of absence, per Article 390.
Risk-Related Presumptive Death: Article 391 shortens this to four years if the person disappeared in perilous circumstances (e.g., shipwreck, war).

Effect: In both instances, death initiates succession.

V. Impact of Death on Various Types of Succession

A. Testate Succession

When Will Exists: Death triggers the probate process to authenticate and implement the will.
Rights of Legatees and Devisees: Entitlements only take effect upon the testator’s death.

B. Intestate Succession

Absence of Will: Death activates the rules of intestacy, and distribution follows the order of preference set out in the Civil Code.
Heir Determination: Relatives within prescribed degrees are called to inherit based on blood relation, proximity, and survivorship.

VI. Issues Pertaining to Death in Succession

A. Simultaneous Death (Commorientes Doctrine)

Legal Framework: If two or more persons die under conditions where the order of death cannot be determined, each is presumed to have survived the other (Article 43 of the Civil Code).
Implications: This presumption affects inheritance rights and distribution, especially among heirs with mutual rights.

B. Advancement of Heirs’ Rights

Entitlement Upon Death: The vested rights of heirs are subject to inventory, estate proceedings, and debt settlements.
Provisional Administration: A legal administrator is appointed until the estate is fully settled and distributed.

C. Estate Tax Considerations

Taxable Event: Death is also a taxable event under Philippine law, imposing an estate tax on the decedent’s net estate.
Estate Valuation and Liabilities: Estate tax is calculated on the estate's net value at death, considering all deductions, credits, and liabilities.

VII. Conclusion

Death initiates the process of succession, serving as the definitive moment at which a person’s rights and obligations are transmitted to their successors. Whether the deceased left a will or not, the law ensures that property and responsibilities are passed on in accordance with their last wishes or by statutory succession.