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  CHAPTER 4 Provisions Common to Testate and Intestate Successions SECTION 1 Right of Accretion Article 1015.  Accretion is a right by virtue of which, when two or more persons are called to the same inheritance, devise or legacy, the part assigned to the one who renounces or cannot receive his share, or who died before the testator, is added or incorporated to that of his co-heirs, co-devisees, or co-legatees.   Article 1016.  In order that the right of accretion may take place in a testamentary succession, it shall be necessary: (1) That two or more persons be called to the same inheritance, or to the same portion thereof, pro indiviso; and (2) That one of the persons thus called die before the testator, or renounce the inheritance, or be incapacitated to receive it. Article 1017.  The words "one-half for each" or "in equal shares" or any others which, though designating an aliquot part, do not identify it by such description as shall make each heir the exclus...

CHAPTER 3 Legal or Intestate Succession SECTION 1 General Provisions Article 960 . Legal or intestate succession takes place: (1) If a person dies without a will, or with a void will, or one which has subsequently lost its validity; (2) When the will does not institute an heir to, or dispose of all the property belonging to the testator. In such case, legal succession shall take place only with respect to the property of which the testator has not disposed; (3) If the suspensive condition attached to the institution of heir does not happen or is not fulfilled, or if the heir dies before the testator, or repudiates the inheritance, there being no substitution, and no right of accretion takes place; (4) When the heir instituted is incapable of succeeding, except in cases provided in this Code. Article 961. In default of testamentary heirs, the law vests the inheritance, in accordance with the rules hereinafter set forth, in the legitimate and illegitimate relatives of the deceased, in t...

  Succession  |  Intestate Succession Art. 995 . In the absence of legitimate descendants and ascendants, and illegitimate children and their descendants, whether legitimate or illegitimate, the surviving spouse shall inherit the entire estate, without prejudice to the rights of brothers and sisters, nephews and nieces, should there be any, under article 1001. xxx xxx xxx Art. 1001.  Should brothers and sisters or their children survive with the widow or widower, the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half. Ponente: Vitug, C.J.: Facts: In 1956 , Macaria Atega died intestate. She owned a 248-square meter residential lot in Butuan City. During her lifetime, Macaria had two marriages, first with Angel Burdeos and later with Canuto Rosales . At her death, Macaria was survived by: from her first marriage: her son Ramon A. Burdeos her grandchild Estela Lozada  (by her daughter Felicida...

Succession  |  Intestate Succession Art. 892.  If only one legitimate child or descendant of the deceased survives, the widow or widower shall be entitled to one-fourth of the hereditary estate. In case of a legal separation, the surviving spouse may inherit if it was the deceased who had given cause for the same. If there are two or more legitimate children or descendants, the surviving spouse shall be entitled to a portion equal to the legitime of each of the legitimate children or descendants. In both cases, the legitime of the surviving spouse shall be taken from the portion that can be freely disposed of by the testator. Art. 996. If a widow or widower and legitimate children or descendants are left, the surviving spouse has in the succession the same share as that of each of the children. Ponente: Bengzon, C.J.: Facts: In  1953 , Pedro Santillon died intestate. He was survived by his wife, Perfecta Miranda , and one son, Claro Santillon .  In  195...

Succession  |  Iron Curtain Rule Art. 992.   An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child. Ponente: Nachura, J.: Facts: Cristina Aguinaldo-Suntay  is married to  Dr. Federico Suntay.  They had a son,  Emilio Aguinaldo Suntay I. Emilio I was married to  Isabel Cojuangco. They had three children: Isabel Cojuangco-Suntay Margarita Cojuangco-Suntay Emilio Cojuangco-Suntay II Their marriage was subsequently annulled. The siblings lived with their mother separately from their father and paternal grandparents. Thereafter, Emilio I had two children out of wedlock: Emilio A. M. Suntay III with Concepcion Mendoza Nenita Suntay Tañedo with Isabel Santos Emilio III and Nenita are both acknowledged natural child of Emilio I. They were reared by the spouses Federico and ...

CHAPTER 3  Implied Trusts (Arts. 1447-1457) Article 1447.  The enumeration of the following cases of implied trust  does not exclude others established by the general law of trust,  but the limitation laid down in article 1442 shall be applicable. Concept of implied trust.   Implied trusts are those which, without being express , are deducible from the nature of the transaction as matters of intent , or which are s uperinduced on the transaction  by operation of law , as matters of equity , independently of the particular intention of the parties . Implied trusts are not created voluntarily , but imposed by law or inferred from the conduct or dealings of the parties.  The concept of implied trusts is that from the facts and circumstances of a given case, the existence of a trust relationship is inferred in order to effect the presumed intention of the parties .  Thus, there is no implied trust where a contrary intention is prov...