WHO ARE CONSIDERED HEIRS UNDER THE LAW? (Part I)

 

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This article was originally published on June 1, 2022 and has been updated to reflect recent legal developments.

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

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AT A GLANCE:

Under Article 774 of the Civil Code, succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance of a person are transmitted through his death to another or others either by his will or by operation of law.

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Article 775 of the Civil Code provides that “Decedent” is the general term applied to the person whose property is transmitted through succession, whether or not he left a will. If he left a will, he is also called the testator. 

 

An heir is a person called to the succession either by the provision of a will or by operation of law. Devisees and legatees are persons to whom gifts of real and personal property are respectively given by virtue of a will. (Article 782)

 

One who has no compulsory heirs may be dispose by will of all his estate or any part of it in favor of any person having capacity to succeed. One who has compulsory heirs may dispose of his estate provided he does not contravene the provisions of this Code with regard to the legitime of said heirs. (Article 842)

 

In the case of Arellano v. Pascual, G.R. No. 189776, December 15, 2010, the Supreme Court held that compulsory heirs may be classified into (1) primary, (2) secondary, and (3) concurring. The primary compulsory heirs are those who have precedence over and exclude other compulsory heirs; legitimate children and descendants are primary compulsory heirs. The secondary compulsory heirs are those who succeed only in the absence of the primary heirs; the legitimate parents and ascendants are secondary compulsory heirs. The concurring compulsory heirs are those who succeed together with the primary or the secondary compulsory heirs; the illegitimate children, and the surviving spouse are concurring compulsory heirs. 

 

The testator cannot deprive his compulsory heirs of their legitime, except in cases expressly specified by law. Neither can he impose upon the same any burden, encumbrance, condition, or substitution of any kind whatsoever. (Article 904)

 

What if the testator persisted and excluded a compulsory heir?

 

Such act by the testator gives rise to a case of Preterition.

 

Article 854 of the Civil Code provides that the preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator, shall annul the institution of heir, but the devises and legacies shall be valid insofar as they are not inofficious. 

 

In other words, preterition is the complete and total omission of a compulsory heir from the testator’s inheritance without the heir’s express disinheritance. (Morales v. Olondriz, G.R. No. 198994, February 3, 2016)

 

In effect, the entire inheritance shall now be disposed of following the provisions of the law and NOT in accordance with the terms of the will.

 

For example is the case of Iris Morales vs. Ana Maria Olondriz, Alfonso Juan Olondriz, Jr., Alejandro Moreno Olondreiz, Isabel Rosa Olondriz and Francisco Javier Maria Olondriz, G.R. No. 198994, February 03, 2016.

 

The decedent in this case is Mr. Alfonso. He is survived by his widow named Ana Maria. He is also survived by his children: Alfonso Jr., Alejandro, Isabel, Angelo, and Francisco Javier. Francisco Javier is an illegitimate son of the decedent.

 

Accordingly, the decedent has executed a will.

 

In his will, he named Ms. Iris Morales (Iris) as the person who will make sure that the terms of his will shall be executed accordingly. Also, the decedent has named and instituted Iris, his wife and four of his children except Francisco, to succeed him in his entire estate.

 

For the reason that the decedent has executed a will, Iris filed a petition with the Regional Trial Court. The petition is for the allowance of the will. The wife and children of the decedent opposed the petition because Francisco was excluded from the will.

 

Are the wife and the children of the decedent correct?

 

Yes.

 

The Supreme Court affirmed the decision of the Court of Appeals. The Court of Appeals ruled that indeed Francisco was not named in the will. As a result, the omission of Francisco in the will annulled the institution of the heirs. The court did not allow the will. Thus, as to will inherit from the estate of the decedent is now governed by the law and no longer in accordance with the will.

 

Related Articles:

• Effect of illegitimate filiation of the representatives as qualified by the ruling in Aquino v. Aquino, G.R. Nos. 208912 and 209018, December 7, 2021
• Who are intestate heirs?

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