- Statute
- Civil Code
- Article
- Art. 777
- Topic
- General Provisions
- Status
- In force
- Book
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
- Title
- TITLE IV SUCCESSION
- Chapter
- CHAPTER 1 General Provisions
- Formerly
- Art. 657a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
The rights to the succession are transmitted from the moment of the death of the decedent. (657a)
Intellegal Wiki · In plain terms
The heirs' rights to an inheritance arise at the exact moment the decedent dies — not at settlement or distribution of the estate. Succession, and the transmission of those rights, takes effect from that instant of death.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Conchita Gloria v. Builders Savings, the Supreme Court held: Granted the petition and reinstated the RTC, holding that an heir may assert co-ownership rights without a prior judicial declaration of heirship under Article 777, and that the real estate mortgage and promissory note were absolutely simulated and void under Articles 1346 and 1409 because they were executed through fraud and forgery, including the forged signature of an already-deceased owner.
One leading Supreme Court case applying this provision.
Cases applying this article
- Conchita Gloria v. Builders Savings G.R. No. 202324
- Spouses Bernardo Buenaventura v. Court of Appeals G.R. No. 126376
- Ma. Estela Maglasang v. The Heirs of Corazon Cabatingan G.R. No. 131953
- Nelson Nufable v. Generosa Nufable G.R. No. 126950
- Dr. Nixon L. Treyes v. Antonio L. Larlar G.R. No. 232579
- Emilio Emnace v. Court of Appeals G.R. No. 126334
- Blanquita E. Dela Merced v. Joselito P. Dela Merced G.R. No. 126707
- Heirs of Ignacio Conti v. Court of Appeals G.R. No. 118464
Other Supreme Court decisions also apply this article.