Text of the provision
Art. 777. The rights to the succession are transmitted from the moment of the death of the decedent.
(657a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
The rights to the succession are transmitted from the moment of the death of the decedent — not upon probate, partition or delivery. One of the most-cited provisions in Philippine estate litigation.
Questions about this provision
Related provisions
- Article 776 — What the Inheritance Includes.
- Article 778 — Three Kinds of Succession.
Cases citing this article
- Dr. Nixon L. Treyes vs. Antonio Larlar, et al, G.R. No. 232579, September 8, 2020 — read the decision on LawPhil →
- Spouses Isidro R. Salitico and Conrada C. Salitico vs. Heirs of Resurreccion Martinez Felix, G.R. No. 240199, April 10, 2019 — read the decision on LawPhil →
- Vicente Gomez vs. Court of Appeals, G.R. No. 120747, September 21, 2000 — read the decision on LawPhil →
- Spouses Feliciana and Angel Cesa vs. Spouses Elisa Montano Brucelas and David Brucelas, G.R. No. 255564, March 5, 2025 — read the decision on LawPhil →
- Elene Gaerlan-Ostonal vs. Romeo Flores, et al, G.R. No. 255538, January 25, 2023 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.