2. Order of Intestate Succession

3. Intestate Succession

a. Causes of Intestacy b. Order of Intestate Succession c. Rule of Proximity and Rule of Equality d. Iron Curtain Rule

Computation of Degrees

• Direct line – No legal limit to the number of degrees for entitlement to intestate succession.
• Collateral line – Intestate succession extends only to the fifth degree of collateral relationship (Art. 1010)

Line – Series of degrees, which may be direct or collateral

• Direct line – Constituted by the series of degrees among ascendants and descendants
• Descending line – Unites the head of the family with those who descend from him
• Ascending line – Binds a person with those from whom he descends

In the direct line, ascend to the common ancestor.

There is no legal limit to the number of degrees for entitlement to intestate succession

• Collateral line – Constituted by the series of degrees among persons who are not ascendants and descendants, but who come from a common ancestor In the collateral line, ascend to the common ancestor and then descend to the person with whom the computation is to be made. Intestate succession extends only to the 5th degree of collateral relationship.

Order of Intestate Succession

Intestate Heirs (Paras, supra)

• Legitimate Children or Descendants (Art. 979)
• Illegitimate Children or Descendants (Art. 988, 990, 992)
• Legitimate Parents or Ascendants (Art. 986)
• Parents of Illegitimate Children (Art. 993)
• Surviving Spouse (Art. 994)
• Brothers, Sisters, Nephews, Nieces (Arts. 1004-1008)
• Other Collateral up to the fifth degree (Art. 1009)
• State (Art. 1011)

Rules of Exclusion and Concurrence

• Legitimate Children or Descendants (Arts. 978-982)
• Exclude parents, collaterals, and the State
• Concur with surviving spouse, and illegitimate children or descendants
• Excluded by no one
• Illegitimate Children or Descendants (Arts. 983, 988-994)
• Exclude parents of illegitimate children, collaterals, and the State;
• Concur with surviving spouse, legitimate children, and legitimate parents;
• Excluded by no one
• Legitimate parents (Arts. 985-986)
• Exclude collaterals and the State;
• Concur with illegitimate children and the surviving spouse;
• Are excluded by legitimate children
• Parents of illegitimate children (Arts. 993- 994)
• Exclude collaterals and the State;
• Concur with the surviving spouse;
• Excluded by legitimate children and illegitimate children
• Surviving spouse (Arts. 995-1002)
• Excludes collaterals other than brothers, sisters, nephews, nieces, and the State;
• Concur with legitimate children, illegitimate children, legitimate parents, parents of illegitimate children, brothers, sister, nephews and nieces;
• Excluded by no one
• Brothers and sisters, nephews and nieces (Arts. 1003-1008)
• Exclude all other collaterals and the State;
• Concur with the surviving spouse;
• Excluded by legitimate children, illegitimate children, legitimate parents, and parents of illegitimate children
• Other collaterals up to the fifth degree (Arts. 1009-1010)
• Exclude collaterals in more remote degree and the State;
• Concur with collaterals in the same degree;
• Excluded by legitimate children, illegitimate children, legitimate parents, parents of illegitimate children, surviving spouse, brothers and sisters, nephews and nieces;
• State (Arts. 1011-1014)
• Excludes no one;
• Concurs with no one;
• Excluded by everyone

Effect When both Partners are in Bad Faith

If both partners are in bad faith, the same rules on forfeiture shall apply in the following order:

• Their common children;
• in default of or upon waiver by the common children or their descendants, the respective surviving descendants of each party;
• in the absence of descendants, the respective parents of the parties.

NOTE: The principle that when both parties are in bad faith, they are considered in good faith, is not applicable.

Reserva Troncal

This is the reservation by virtue of which an ascendant who inherits from his descendant any property which the latter may have acquired by gratuitous title from another ascendant or a brother or sister, is obliged to reserve the property for the benefit of relative within the third degree and who belong from the same line from which the property came from. (Art. 891)

NOTE: It constitutes as an exception to both the system of legitimes and the order of intestate succession.

Requisites of Reserva Troncal (GWOT)

• The property was acquired by a person (Prepositus) from an ascendant or from a brother or sister (Origin) by Gratuitous title;

Acquisition by Gratuitous Title (First Transfer)

• By donation, or
• By any kind of succession
• The said descendant died Without legitimate issue;

NOTE: Only legitimate descendants will prevent the property from being inherited by the legitimate ascending line by operation of law.

• The property is inherited by an ascendant (Reservista) from the descendant (Prepositus) by Operation of law;

Transmission by Operation of Law (Second Transfer)

• Compulsory succession, or
• Intestate succession
• There are relatives within the Third degree (Reservatarios) belonging to the line from which the said property came. (Chua v. Court of First Instance, G.R. No. L-29901)

NOTE: The provisions of Art. 891 only apply to legitimate relatives. (Nieva v. Alcala, G.R. No. L13386)

Preference Among Reservatarios

Upon the death of the ascendant reservista, the reservable property should pass, not to all the reservatarios as a class, but only to those nearest in degree to the descendant (prepositus), excluding those reservatarios of more remote degree. The reserva troncal merely determines the group of relatives to whom the property should be returned; but within that group the individual right to the property should be decided by the applicable rules of ordinary intestate succession, since Art. 891 does not specify. (Padura v. Baldovino, G.R. No. 11960)