RE: The transmission [of rights] by succession
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| RE: The transmission [of rights] by succession |
The operation of Article 777 occurs at the very moment of the decedent's death – the transmission by succession occurs at the precise moment of death and, therefore, the heir is legally deemed to have acquired ownership of his/her share in the inheritance at that very moment, "and not at the time of declaration of heirs, or partition, or distribution."
Hence, the Court has held that the "[t]itle or rights to a deceased person's property are immediately passed to his or her heirs upon death. The heirs' rights become vested without need for them to be declared 'heirs.'"
In Bonilla, et al. v. Barcena, et al., the Court held that:
"[F]rom the moment of the death of the decedent, the heirs become the absolute owners of his property, subject to the rights and obligations of the decedent, x x x [t]he right of the heirs to the property of the deceased vests in them even before judicial declaration of their being heirs in the testate or intestate proceedings."
The Civil Code identifies certain relatives who are deemed compulsory heirs and intestate heirs. They refer to relatives that become heirs by virtue of compulsory succession or intestate succession, as the case may be, by operation of law.
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