Lets summarize the provisions relating to succession in case when

there is vacancy
T.S and I.S
Testate
Intestate
Hatiin pa natin yan sa dalawa
We distinguished between the
legitime and the free portion..
Predeceased , incapacity, and
repudiation
So, in case of t.s, in sofar as the
legitime is concerned, if a vacancy
occurs, halimbawa one of the CH
dies, predeceased, what will you
do with his legitime? I repeat what
I said earlier pagdating sa legitime
di pwedeng pakialaman ng
testator iyan so you cannot have
subsitutution. You can have
representation , in connection with
that you remember the rules of
representation. For example,
representation exists only in the
direct descending line (pababa)
kung ang survivor heir ay yung
legitimate parents walang
representation sa taas. WALA! Sa
collateral line, wala ding
representation except in the case
of nephew and nieces who
survived with 1 uncle our aunt.
Yun lang. k? eh sa collateral line
naman, wala naming CH jan eh so,
ang possibiliada ng representation
eh dito lang sa direct descending
line. So dito sa representative, you
apply the rules of representation :
give the legitime of the heir who
precedeased to his representative
if he has children or descendant
by right of representation..with
respect to the share of the
predeceased heir to the free
portion, lets say a child but also
aside from his share in the

legitime he was also given a share

in the free portion instituted as
voluntary heir
First determine if there is
substitute. If may substitute
designated by the testator, you
give the vacant portion to the
substitute. So , S. fi there is no
substitute, but there are co-heirs
who are also instituted as heirs to
the same free portion, then you
give it to the co-heirs by right of
accretion. Accretion can come in if
sub is not possible for so long as
the requisites for accretion are
present.
Going back to the legitimes, if
there is no qualified
representative, kung walang
representation give it to the legal
or intestate heirs by right of I.S.
Dito din sa share nia sa free
portion, halimbawa walang
substitute, walang dinesignate
ang testator, wala ding co-heirs,
so hindi pwede ang accretion,
kung wala kang choice, dun mu
pamigay sa intestate heirs thru I.S
In I.S, can there representation?
YES. And remember ha, in I.S,
tignan nyu, we do not distinguish
legitime and free portion. Walang
distinction. Because you are
simply talking of the instestate
share. So if there is a right of
representation, the representative
gets not just the legitime of the
person represented, the
representative in I.S, gets the
ENTIRE intestate share of the
person whom he represents. No.
Rule is representation. Kung
walang representation, walang
qualified representatives, give it to

the legal of intestate heirs by I.S.

Dito sabi ko nga this is a disputed
point, there are those who will say
na kung walang representatives
but there are qualified co-heirs,
then you follow accretion. But I am
more inclined to the view of
Justice Jurado that accretion in I.S
would apply only in repudiation.
But I supposed if the problem is
asked and you answer it other
way, that should not be taken
against you ..etc.. that is still an
open question..
Okay , incapacity the same as
predeceased. Pag dating sa
repudiation, syempre ibaiba ang
rules. Why? An heir who
repudiates cannot be represented.
So you cannot have
representation pagdating
repudiation. What are you
supposed to do with the legitime
of the repudiating heir? Give it to
the legal heirs by I.S.
What about the share of the RH in
the free portion if he happens to
be given a share in the free
portion as a voluntary heir? Ah
klarong klaro yan sa 1016
accretion.
But before applying accretion,
tignan mu muna baka may
substitution if the testator
designated a substitute, you give
the vacant portion to the
substitute, follow it the will of the
testator, kung walang substitute,
accretion.

Eh kung walang accretion? Kung

walang qualified co-heirs? Eh wala
kang choice? I.S.
What about the share of the
repudiating heir in I.S? accretion
yan.give it to the co-heirs by right
of accretion. Maliwanag yan sa
1018. The share of the repudiating
heir in I.S always goes to the coheirs by right of accretion.
Eh kung walang co-heirs? Eh wala
kang choice I.S
Basically thats how we can
summarize
1st column legitime t.s
2nd free portion
3rd i.s
lets assume
X has 4 legitimate children.
A,B,C,D
Lets assume that C has 2 L.S
E&F
D has 1
X dies with a will in that will he
instated as his heirs, ABCD. I give
my entire estate to my children
ABCD
ESTATE: 120,000
C- however predeceased , B
repudiated.
How do we distribute.
Your sporting point should be
how should the estate be
distributed? Paano sana ang
hatian? If there was no vacancy,
predeceased or incapacity?
ABCD would have received their

legitmes as well as their shares in

the free portion. Legitimes would
be 15,000 each. Shares in the free
portion, would be 15k each. Thats
how the estate would have been
distributed.
There are vacancies, what do you
do?
You apply that graph
15K legitime of C, predeceased,
kanino mapupunta yun? E&F,
there is representation. 7,500
each.
So okay ka na jan.
15k share of C in the free portion
as voluntary heir. Determine, is
there a substitute ? Wala. So ano
next? Accretion. Who are the coheirs of C. the co-heirs are A & B.
so the 15k will go to A&B by right
of accretion, 7,500 each.
Accretion from C.
Next
15k share of D in the free portion
as voluntary heir, (repudiation),
again meron bang substitute?
Wala, accretion? Sino ang co-heirs
ni Mr. D? A & B nanaman. The 15k
share will go to A&B as right of
accretion. Finally 15k share of
legitime of D.. An heir who
repudiates cannot be
represented Hindi pwede, wala
din xang co-heirs. So wala kang
choice, that should go to the legal
or intestate heirs of Mr. X. who are
the legal or intestate heirs of Mr.
X? AB as well as E&F by right of
representation . so the 15k will be
divided into three parts:

A 1/3 5k 50k each

B 1/3 5k 50 k each
E&F 2,500 each which will be
added to their 7,500 share by
representation
10k each
kung intestate naman,
napakadali..
X dies intestate, same estate 120k
same survivors..
C- predeceased
D- repudiated
Your starting point is the same
Determine how the estate would
have been distributed if there is
no vacancy
You divide the estate by 4 so each
one will receive 30k as intestate
share.
Alright, there are two vacancies.
The vacant share of C- shall go to
his representative E&5 (15k
each by right of representation)
30k share of D who has
repudiated will go to A&B by right
of accretion. 15k ot A, 15K to B.
therefore A wil lend up 45k same
as to B;
so it is much simpler where
vacancy occurs in intestate share.
Okay? Basta tandaan lang ung
ground and how to apply it.