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Rules on legal or intestate succession


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JULY 27, 2017
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Dear PAO, After..

My father died 24 years ago. Then my mother died in November last PSI, PSL UNITE TO BRING BACK PH GLORY
year. My father owned a titled lot given by his father who also died DAYS
MAY 01, 2018
many years ago. There is no last will and testament. He has three Aiming to reclaim the country’s lost glory in
swimming, the Philippine Swimming Incorporated
sisters who are still alive. Now, one of his sisters wants to sell the
Persida (PS..
property and told us we do not have a share. In Filipino, she told us,
Acosta
“Wala na kayong pakialam sa [You have no right to the] property.”
What is the legal action that must be done?
Thank you.
Sincerely,
Dominic

Dear Dominic,
Legal or intestate succession takes place if a person dies without a will. And in the
absence of heirs instituted in a will, the law vests the inheritance, in the legitimate
and illegitimate relatives of the deceased, in the surviving spouse, and in the State in
accordance with the rules set forth in the New Civil Code (NCC), Articles 960 and
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961, Ibid.). MARCH 26, 2018
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The law on rules on legal or intestate succession provides that in every inheritance, with its latest hot deals as it offers free firs..

the relative nearest in degree excludes the more distant ones and that the succession THE EFFECTS OF RIDE-SHARING
to property by heirs pertains first to the direct descending line (Articles 962 and 978, JULY 12, 2017
IN the last couple of years, commuters in Metro
Id.). Collateral relatives can inherit and succeed only to the entire estate of the Manila have used ride-sharing apps like Uber and
G..
deceased, if there are no descendants, ascendants, illegitimate children or a surviving
spouse (Article 1003, Id.). work for

By applying these rules to your case, it is apparent that the three sisters of your
father cannot inherit from the latter. You (and your siblings if there be any) are in
the direct descending line of your father whereas the latter’s three sisters are his
collateral relatives. Hence, there being no descendant/s in the direct line of your
father, the collateral relatives are excluded in succeeding to the property left by your
father.

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The Supreme Court pronounced the explanation of the basis of the rules on intestate
succession in the case In the Matter of the Intestate Estate of Cristina Aguinaldo-
Suntay vs. Isabel Cojuangco-Suntay (GR No. 183053; ponente, former Associate
Justice Antonio Eduardo Nachura, June 16, 2010, citing Manresa). It provides:
“The law [of intestacy]is founded on the presumed will of the deceased. Love, it is
said, first descends, then ascends, and finally, spreads sideways. Thus, the law first
calls the descendants, then the ascendants and, finally, the collaterals, always
preferring those closer in degree to those of remoter degrees, on the assumption that
the deceased would have done so had he manifested his last will. Lastly, in default of
anyone called to succession or bound to the decedent by ties of blood or affection, it
is in accordance with his presumed will that his property be given to charitable or
educational institutions, and thus contribute to the welfare of humanity.” LATEST STORIES

Being the heir entitled to the subject property, you, together with your siblings if Japan whale hunt killed 122 pregnant
there be any, may divide the estate among yourselves as you see fit or you may minkes
MAY 31, 2018
adjudicate the property to yourself if you are the sole heir, in accordance with Rule
74 (Summary Settlement of Estate) of the Rules of Court. Court junks former Immigration official’s
motion to dismiss on plunder rap
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We find it necessary to mention that this opinion is solely based on the facts you
have narrated and our appreciation of the same. The opinion may vary when the ‘Yellow alert’ on Luzon grid lifted
MAY 31, 2018
facts are changed and elaborated. We hope that we were able to enlighten you in
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MAY 31, 2018
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions
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for Chief Acosta may be sent to dearpao@manilatimes.net. MAY 31, 2018

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