Text of the provision

Art. 778. Succession may be:

(1) Testamentary;

(2) Legal or intestate; or

(3) Mixed.

(n)

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

Succession may be (1) testamentary, (2) legal or intestate, or (3) mixed.

These three categories are not mutually exclusive labels applied piecemeal but describe how a person’s property passes: wholly by the terms of a will, wholly by the default rules the law supplies when there is no will, or by a combination of both within the same estate. The article that follows this one defines testamentary succession, and the one after that defines mixed succession, so this provision functions as an index for the more detailed rules that come next.

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Note. The text of the provision above is reproduced in full from the official enactment (Republic Act No. 386), verified against the LawPhil and ChanRobles renderings. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.