CUESTIONAMIENTOS Y S INCERAMIENTO
1. C ERTEZAS
In what lines does representation obtain:
• With respect to the legitime – in the direct descending line only
• With respect to intestacy
o In the direct descending line o In one instance in the collateral; i.e.
nephews and nieces representing brothers and sisters of the deceased.
Representation by illegitimate children:
• If the child to be represented is legitimate – only legitimate children/descendants can represent him
• If the child to be represented is illegitimate ‐ both legitimate and illegitimate
children/descendants can represent him
Representation of and by an adopted child:
• An adopted can neither represent or be represented.
Teotico vs. Del Val (1965)
F: Oppositor claims to be an adopted daughter of Francisca Mortera, a deceased sister of the testatrix. SC ruled that the oppositor has no right to intervene either as testamentary or as legal heir in the probate proceeding of the deceased sister of her adopted mother.
H: Relationship of adoption is limited solely to the adopter and the adopted and does not extend to the relatives of the adopting parents or of the adopted child except only as expressly provided for by law. As a consequence, the adopted is an heir of the adopter but not of the relatives of the adopter.
Represenation by a renouncer:
• Although a renouncer cannot be represented, he can represent the person whose inheritance he has renounced.
How representation operates:
• Per stirpes – the representative or
representatives receive only what the person represented would have received. If there are more than one representative in the same degree, then divide the portion equally, without prejudice to the distinction between legitimate and illegitimate children, when applicable.
Rules on Qualification:
• The representative must be qualified to succeed the decedent.
• The representative need not be qualified to succeed the person represented.
• The person represented need not be qualified to succeed the decedent – in fact, the reason why representation is taking place is that the person
represented is not qualified, because of predecease, or in capacity or disinheritance.
Representation by grandchildren and Representation by nephews/nieces: Difference Rule
• If all the children are disqualified – the grandchildren still inherit by representation.
• If all the brothers/sisters are disqualified – the nephews/nieces inherit per capita.
• Note: If only some, not all children or
brothers/sisters are disqualifed the rule is the same.
2. Order of Intestate Succession Intestate Heirs
I. Legitimate Children/Descendants II. Illegitimate Children/Descendants III. Legitimate Parents/Ascendants IV. Illegitimate Parents
V. Surviving Spouse
VI. Brothers, Sisters, Nephews, Nieces VII. Other Collaterals – to the 5th degree VIII. State
Class Notes:
• It is correct to say that a compulsory heir is an intestate heir. But it is not correct to say that an intestate heir is not a compulsory heir.
Intestacy
Balane:
Rules of Exclusion and Concurrence:
(Note: Children include, in proper cases, other descendants; and parents, other ascendants.)
1. legitimate children
a. exclude parents, collaterals & State b. concur with surviving spouse &
illegitimate children c. are excluded by no one 2. illegitimate children
a. exclude illegitimate parents, collaterals
& State
b. concur with surviving spouse, legitimate children, and legitimate parents
c. are excluded by no one 3. legitimate parents
a. exclude collaterals & state b. concur with illegitimate children &
surviving spouse
c. are excluded by legitimate children 4. illegitimate parents [only, not ascendants]
a. exclude collaterals & State b. concur with surviving spouse
c. are excluded by legitimate children and illegitimate children
5. surviving spouse
a. excludes collaterals other than brothers, sisters, nephews & nieces, &
State
b. concur with legitimate children, illegitimate children, legitimate
parents, illegitimate parents, brothers sisters, nephews & nieces
c. is excluded by no one 6. brothers & sisters, nephews & nieces
a. exclude all other collaterals & the State b. concur with surviving spouse
c. are excluded by legitimate children, illegitimate children, legitimate parents, and illegitimate parents 7. Other collaterals
a. exclude collaterals in remoter degrees
& the State
b. concur with collaterals in the same degree
c. are excluded by legitimate children, illegitimate children, legitimate parents, illegitimate parents, surviving spouse, brothers & sisters, and nephews & nieces
8. State
a. excludes no one b. concurs with no one c. is excluded by everyone
Class Notes:
• Number 5 surviving spouse does not exclude the group in number 6.
Balane:
Combinations in Intestate Succession (found passim in Art. 978):
1. legitimate children alone
• the whole estate divided equally 2. legitimate children & illegitimate children
• the whole estate, each illegitimate child getting ½ the share of one legitimate child
3. legitimate children & surviving spouse
• the whole estate, divided equally (the surviving spouse counted as one legitimate child)
4. legitimate children, surviving spouse &
illegitimate children
• the whole estate, the surviving spouse being counted as one legitimate child
• each illegitimate child getting ½ the share of one legitimate
5. legitimate parents alone
• the whole estate divided equally 6. legitimate ascendants (other than parents) alone
• the whole estate, observing, in proper cases, the rule of division by line 7. legitimate parents & illegitimate children*
• legitimate parents – ½ of the estate
• illegitimate children – ½ of the estate 8. legitimate parents & suriving spouse*
• legitimate parents – ½ of the estate
• surviving spouse – ½ of the estate 9. legitimate parents, surviving spouse, illegitimate
children*
• legitimate parents – ½ of the estate
• surviving spouse – ¼ of the estate
• illegitimate children – ¼ of the estate 10. illegitimate children alone
• the whole estate divided equally 11. illegitimate children & surviving spouse*
• illegitimate children – ½ of the estate
• surviving spouse – ½ of the estate 12. surviving spouse alone
• the whole estate
13. surviving spouse & illegitimate parents (no article governing, combination applied by analogy with Art. 997)*
• surviving spouse – ½ of the estate
• illegitimate parents – ½ of the estate 14. surviving spouse & legitimate brothers & sisters,
nephews & nieces*
• surviving spouse – ½ of the estate
• legitimate brothers, sisters, nephews, nieces – ½ of the estate (the nephews &
nieces inheriting by representation, in the proper cases)
15. surviving spouse & illegitimate brothers &
sisters, nephews & nieces*
• surviving spouse – ½ of the estate
• illegitimate brothers, sisters, nephews, nieces – ½ of the estate (the nephews &
nieces inheriting by representation, in the proper cases)
• the illegitimate brothers & sisters are those mentioned in Art. 994.
16. illegitimate parents alone
• the whole estate
17. illegitimate parents & children of any kind
• illegitimate parents – excluded
• children inherit in accordance with Nos. 1, 2 & 10.
18. legitimate brothers & sisters alone
• the whole estate, with a brother/sister of the half‐blood inheriting ½ of the estate the share of a brother/sister of the full blood
19. legitimate brothers & sisters, nephews & nieces
• the whole estate, observing the 2:1 proportion of the full‐and half‐blood fraternity (No. 18 supra) and the nephews and nieces inheriting by representation in the proper cases 20. nephew & nieces with uncles & aunts
• by inference uncles and aunts – excluded (accdg. to Bacayo v.
Borromeo) nephews and nieces inheriting in accordance with No. 23 infra
21. illegitimate brothers and sisters alone – no article governing
• the whole estate, observing the 2:1 proportion of full‐ and half‐ blood fraternity – by analogy with No. 18 supra
22. illegitimate brothers, sisters, nephews and nieces ‐ no article governing
• the whole estate, as in No. 19 supra, by analogy
23. nephews & nieces alone
• the whole estate, per capita, but observing the 2:1 proportion for the full‐ and the half‐ blood
24. other collaterals
• the whole estate, per capita, the nearer in degree excluding the more remote 25. State
• the whole estate
• Assignment & disposition of decedent’s assets
o If the decedent was a resident of the Philippines at any time:
Personal property – to municipality of last residence
Real property – where situated o If the decedent never a
resident of the Philippines:
Personal and real property – where respectively situated
• How property is to be used o For the benefit of public
educational and charitable institutions in the respective municipalities/cities o Alternatively, at the instance
of an interested party, or motu propio, court may order creation of a permanent trust for the benefit of the
institutions concerned Class Notes:
• Follow the rules except for number 2 and number 4. Both have different steps from the step. Be careful because you might end up impairing the legitime.
• Just follow the rules on intestacy, the legitimes will never be impaired. They are automatically covered by the rules.
• But Art. 983 (which covers number 2 also) might impair the legitime.
Illustration on how Art. 983 can impair the legitime:
X’s estate is worth P1,800,000
X (decedent)
| | : : : : :
A B C D E F G
4M 4M 2M 2M 2M 2M 2M
Here the legitime of A and B is impaired because their legitime is P900,000 and their share together is P800,000.
There is a deficit of P100,000 in their legitime.
Since Art. 983 impairs the legitime as shown in the illustration, two steps must be followed to avoid such:
1. Give the legitime first – legitimate before illegitimate.
2. If there is an excess divided it to a ratio of 2:1.
3. If lacking, reduce the share of illegitimate children pro‐rata.
Illustration:
X (decedent)
| | : : : : :
A B C D E F G
4.5 4.5 2.25 2.25 2.25 2.25 2.25
The total is P2,025,000. The estate is only P1,800,000.
There is a deficit of P225,000. The solution is to reduce the shares of illegitimate children pro‐rata.
Reduction of share of each illegitimate child:
225,000 (deficit) / 5 (illegitimate children) = P45,000.
The share of each illegitimate child should be reduced by P45,000. Thus from P225,000, each illegitimate child will now get P180,000 each.
Class Notes:
• Number 1 illustrated total intestacy.
• Number 15 will only happen in one case.
o In a case where X has three children, A (legitimate), B (illegitimate) and C (illegitimate), when B dies, A cannot inherit from him (and B cannot inherit from him) but C can.
o This is not prohibited by Article 992.
o In Manuel v. Ferrer: “When the law speaks of ‘brothers and sisters, nephews and nieces’ as legal heirs of an illegitimate child, it refers to
illegitimate brothers and sisters as well as to the children, whether legitimate of illegitimate of such brothers and sisters.”
• In number 20, if there are nephews and nieces, they exclude uncles and aunts.
Sample Problems:
1. Patrick, illegitimate child of the late Don Ruben by his late mistress Evelyn dies in a vehicular accident while riding his Harley because he hates wearing a helmet. He did not leave a will and his estate is worth P25,000,000. His spouse Amirah and his full sister Cielo were devastated by his abrupt death. Meanwhile Robert, Don Ruben’s child by his wife Araceli, is also maddened with grief as he was not able to make peace with his estranged brother. How should Mr. Patrick’s estate be distributed?
2. Serafin, a notorious womanizer and self‐
proclaimed Cassanova, was killed in flagrante delicto with his current mistress Danica. He was shot by John Mark, Danica’s ex‐boyfriend when he caught them together. This scandalized his wife Lorie to no end. To compound the wife’s grief, Danica’s children with Serafin: Auring, Koring, Kristina, Paula, Ogie and Joselit are fighting with Lorie’s twin children Jess and Roslene over their late father’s estate which is worth only P500,000. How should the estate be apportioned?
2.1. Descending Direct Line
Art. 978. Succession pertains, in the first place, to the descending direct line. (930)
Art. 979. Legitimate children and their descendants succeed the parents and other ascendants, without distinction as to sex or age, and even if they should come from different marriages.
An adopted child succeeds to the property of the adopting
parents in the same manner as a legitimate child. (931a)
Balane:
• The right of an adopted child in relation to his adopter is now governed by Secs. 17 and 18 of R.A. 8552, which lays down the same rule as the second paragraph of this article.
Sayson vs. Court of Appeals (1992)
F: Private respondents who are adopted children of