Art.

774 - Succession
Art. 777 - Death as condition
Article 774. Succession is a mode of
acquisition by virtue of which the property, Article 777. The rights to the succession are
rights and obligations to the extent of the value transmitted from the moment of the death of
of the inheritance, of a person (Decedent) are the decedent. (657a)
transmitted through his death to another or
others either by his will or by operation of Article 856. A voluntary heir who dies before
law. (n) the testator transmits nothing to his heirs.

Succession - derivative mode of acquisition A compulsory heir who dies before the testator,
(something based on another source) a person incapacitated to succeed, and one
who renounces the inheritance, shall transmit
Basis: no right to his own heirs except in cases
expressly provided for in this Code. (766a)
1. Right to dispose private property
2. Family Co-ownership Presumptive Death
3. Eclectic Theory
 Under Ordinary Circumstances - 10 years
 After Age of 75 - 5 years
 Exraordinary Circumstances - 4 years

*Art. 390 of Civil Code

Art. 778 - Kinds of Succession

Article 778. Succession may be:

(1) Testamentary;

(2) Legal or intestate; or

Art. 775 - Decedent
(3) Mixed. (n)
Article 775. In this Title, "decedent" is the
general term applied to the person whose Kinds:
property is transmitted through succession,
whether or not he left a will. If he left a will, he As to effectivity:
is also called the testator. (n)
1. Inter Vivos - effective during lifetime
Art. 776 - Inheritance 2. Mortis Causa - effective upon death

As to existence of a will
Article 776. The inheritance includes all the
property, rights and obligations of a person
1. Testamentary or Testate Succession - if a
which are not extinguished by his death. (659)
person leaves a will to the entirety of the free
portion of his estate.
2. Intestate Succession - if the person dies
without a will.
3. Mixed Succession - if the person dies with a
will on aliquot portion of his estate and does
not cover entirely the free portion.

As to Transferee

1. Compulsory Succession - part of the

property which cannot be disposed to anybody
aside from compulsory heirs because such Devisees and legatees are persons to whom
portion is reserved by the law on legitime. gifts of real and personal property are
2. Voluntary Succession - when the free respectively given by virtue of a will. (n)
portion is to be transferred to voluntary heirs
which was designated by the decedent. Heirs:
1. Compulsory Heirs
Art. 779 - Testamentary Succession 2. Voluntary Heirs - they exist only in
testamentary succession
Article 779. Testamentary succession is that 3. Legal Heirs - Succeed by operation of law
which results from the designation of an heir,
made in a will executed in the form prescribed Devisees - persons to whom gifts of real are
by law. (n) given by virtue of a will.
Legatees - persons to whom gifts of personal
Requisites: are given by virtue of a will.
1. There must be a will
2. Designation of heir in the will Article 887. The following are compulsory
3. The will follows the formalities set by law heirs:

Art. 780 - Mixed Succession (1) Legitimate children and descendants , with
respect to their legitimate parents and
Article 780. Mixed succession is that effected ascendants;
partly by will and partly by operation of law. (n)
(2) In default of the foregoing, legitimate
When does mixed succession occurs? parents and ascendants, with respect to their
legitimate children and descendants ;
1. When the testator fails all of his properties in
a will; (3) The widow or widower;
2. When the will does not validly dispose of all
the property of the testator. (4) Acknowledged natural children, and natural
children by legal fiction;
NOTE: Article 792. The invalidity of one of
several dispositions contained in a will does (5) Other illegitimate children referred to in
not result in the invalidity of the other article 287.
dispositions, unless it is to be presumed that
the testator would not have made such other Compulsory heirs mentioned in Nos. 3, 4, and
dispositions if the first invalid disposition had 5 are not excluded by those in Nos. 1 and 2;
not been made. (n) neither do they exclude one another.

Art. 781 - Disposition may include After- In all cases of illegitimate children, their filiation
acquired Properties (SEE ART. 793) must be duly proved.

Article 781. The inheritance of a person The father or mother of illegitimate children of
includes not only the property and the the three classes mentioned, shall inherit from
transmissible rights and obligations existing at them in the manner and to the extent
the time of his death, but also those which established by this Code. (807a)
have accrued thereto since the opening of the
succession. (n) NOTE: The Civil Code provides that natural
children are those born of parents who had
legal capacity to contract marriage at the time
Art. 782 - Heir, devisee, legatee of conception, while natural children by legal
fiction are those conceived or born of
Article 782. An heir is a person called to the marriages which are void from the beginning.
succession either by the provision of a will or
by operation of law. LEGITIME DISTRIBUTIONS
Article 888. The legitime of legitimate children
and descendants consists of one-half of the
hereditary estate of the father and of the
mother.

The latter may freely dispose of the remaining

half, subject to the rights of illegitimate children
and of the surviving spouse as hereinafter
provided. (808a)

Article 889. The legitime of legitimate parents

or ascendants consists of one-half of the
hereditary estates of their children and Art. 784 - Wills are strictly personal act, the
descendants. making of will cannot be left to the discretion of
third person.
The children or descendants may freely
dispose of the other half, subject to the rights Requisites of Will:
of illegitimate children and of the surviving
spouse as hereinafter provided. (809a)

Article 895. The legitime of each of the

acknowledged natural children and each of the
natural children by legal fiction shall consist of
one-half of the legitime of each of the
legitimate children or descendants.

The legitime of an illegitimate child who is

neither an acknowledged natural, nor a natural
child by legal fiction, shall be equal in every
case to four-fifths of the legitime of an
acknowledged natural child.

The legitime of the illegitimate children shall be

taken from the portion of the estate at the free
disposal of the testator, provided that in no
case shall the total legitime of such illegitimate
children exceed that free portion, and that the
legitime of the surviving spouse must first be
fully satisfied. (840a)

Art. 783 - Will

Article 783. A will is an act whereby a person is

permitted, with the formalities prescribed by
law, to control to a certain degree the
disposition of this estate, to take effect after his
death. (667a)
Article 810. A person may execute a
holographic will which must be entirely
written, dated, and signed by the hand of the
testator himself. It is subject to no other form,
and may be made in or out of the Philippines,
and need not be witnessed. (678, 688a)
Art. 785 - Designation of heirs, devisees, and
legatees cannot be left to discretion of third
person
INTERPRETATIONS
Article 785. The duration or efficacy of the
designation of heirs, devisees or legatees, or Art. 788 - Different Interpretations as to
the determination of the portions which they disposition favored it to be operative
are to take, when referred to by name, cannot
be left to the discretion of a third person. Article 788. If a testamentary disposition
(670a) admits of different interpretations, in case of
doubt, that interpretation by which the
What must not be left to the discretion of disposition is to be operative shall be
third person under Art. 785 preferred. (n)

1. Duration or efficacy of designation of heirs, If there is ambiguity whether the will shall be
devisees, or legatees operative or not, the law favors it to be
2. Determination of their portions when operative.
referred to by name

Art. 786 - Distribution of specific property Art. 789 - Imperfect description

or sums of money cannot be left to the
discretion of third person Article 789. When there is an imperfect
description, or when no person or property
Article 786. The testator may entrust to a third exactly answers the description, mistakes and
person the distribution of specific property or omissions must be corrected, if the error
sums of money that he may leave in general to appears from the context of the will or from
specified classes or causes, and also the extrinsic evidence, excluding the oral
designation of the persons, institutions or declarations of the testator as to his intention;
establishments to which such property or sums and when an uncertainty arises upon the face
are to be given or applied. (671a) of the will, as to the application of any of its
provisions, the testator's intention is to be
What may be entrusted to the third person ascertained from the words of the will, taking
into consideration the circumstances under
1. Distribution of specific property or sums of which it was made, excluding such oral
money that he may leave in general to declarations. (n)
specified classes or causes
2. The designation of persons, institutions or Art. 790 - Interpretation - ordinary meaning
establishments to which such property or sums and technical sense
are to be given or applied.
Article 790. The words of a will are to be taken
Art. 787 - Testator cannot designate in their ordinary and grammatical sense,
another to determine whether or not the unless a clear intention to use them in another
disposition is operative sense can be gathered, and that other can be
ascertained.
Article 787. The testator may not make a
testamentary disposition in such manner that Technical words in a will are to be taken in
another person has to determine whether or their technical sense, unless the context clearly
not it is to be operative. (n) indicates a contrary intention, or unless it
satisfactorily appears that the will was drawn
What must not be left to the discretion of solely by the testator, and that he was
third person under Art. 787 unacquainted with such technical sense.
(675a)
1. The power to determine whether or not the
disposition is operative or not. Art. 791 - Interpretation to give effect
Article 791. The words of a will are to receive regardless of the country wherein said property
an interpretation which will give to every may be found. (10a)
expression some effect, rather than one which
will render any of the expressions inoperative; Article 17. The forms and solemnities of
and of two modes of interpreting a will, that is contracts, wills, and other public instruments
to be preferred which will prevent intestacy. (n) shall be governed by the laws of the country in
which they are executed.
Art. 792 - Invalidation of one disposition
does not affect others When the acts referred to are executed before
the diplomatic or consular officials of the
Article 792. The invalidity of one of several Republic of the Philippines in a foreign country,
dispositions contained in a will does not result the solemnities established by Philippine laws
in the invalidity of the other dispositions, unless shall be observed in their execution.
it is to be presumed that the testator would not
have made such other dispositions if the first Prohibitive laws concerning persons, their acts
invalid disposition had not been made. (n) or property, and those which have for their
object public order, public policy and good
customs shall not be rendered ineffective by
Art. 793 - Intention as to after-acquired laws or judgments promulgated, or by
properties must be expressed in the will determinations or conventions agreed upon in
a foreign country. (11a)
Article 793. Property acquired after the making
of a will shall only pass thereby, as if the
testator had possessed it at the time of making
the will, should it expressly appear by the will
that such was his intention. (n)

Distinguished from Art. 781

Art. 781 - after-acquired properties after death

Art. 793 - after-acquired properties after the
making of the will

Art. 794 - All the testator’s rights are

transmitted as presumed

Article 794. Every devise or legacy shall cover

all the interest which the testator could device
or bequeath in the property disposed of, unless
it clearly appears from the will that he intended
to convey a less interest. (n)

Article 16. Real property as well as personal

property is subject to the law of the country
where it is stipulated.

However, intestate and testamentary

successions, both with respect to the order of
succession and to the amount of successional
rights and to the intrinsic validity of
testamentary provisions, shall be regulated by
the national law of the person whose
succession is under consideration, whatever
may be the nature of the property and