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SUCCESSION

I. GENERAL PROVISIONS
A. DEFINITION/WHAT IS TRANSMITTED
Q: What is succession?
A: Succession is a mode of acquisition by virtue of which the property, rights and obligations to the
extent of the value of the inheritance of a person, are transmitted through his death to another or
others either by his will or by operation of law. (Art. 774)
Q: What is the basis of succession?
A:
1. Negative Theories refer to those which deny to succession any rational basis and which have been
formulated by the individualistic and socialistic schools.
a. There can be no testamentary succession because these rights are merely the creations of the will
of a person who is devoid of any will, being already dead.
b. There can be no intestate succession because the community of property in the family can only be
conceived of as long as the latter exists.
Note: According to this view, the properties of the deceased are converted into res nullius which, to the
judgment of others, fall under the ownership of the first occupant who generally is the relative nearest in
degree and, to the judgment of others, belong to the state.

2. Positive Theories Those which base succession on the right of property. According to this view,
succession is based on individual ownership and the power of the owner to dispose of the same.
a. If an owner can freely dispose of his properties with such conditions as he may deem convenient,
then it follows that he can distribute the same after his death since the will is nothing more than the
instrument of alienation subject to the condition of death.
b. Those which base succession on the right of family
Note: Under this theory the basis of succession is a sort of family coownership with the result that
legal succession is the normal procedure and testamentary succession, the exception or one of the
limitations.

1.

Q:
A:
1.
2.
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Eclectic Theory According to this view, the basis of testamentary succession is the right of
ownership but the basis of legal or intestate succession is the ties of blood and the right of family
coownership. (Caguioa, p. 2)
What are the characteristics of succession?
It is a mode of acquisition;
Only property, rights and obligations to the extent of the value of the inheritance are transmitted;
The transmission takes place only at the time of death;
The transmission takes place either by will or by operation of law.

Q: What are the requisites of succession?


A: DATE
1. Death of decedent;
2. Acceptance of the inheritance by the successor;
3. Transmissible estate;
4. Existence and capacity of successor, designated by decedent or law.
B. SUCCESSION OCCURS AT THE MOMENT OF DEATH
Q: When are rights to succession transmitted?
A: The rights to succession are transmitted from the moment of the death of the decedent. (Art. 777)

Note: Although, the provision states that the rights are transmitted upon the death of a person, it is rather
vested upon death.

Q: What is transferred by death in succession?


A: Only the property, rights and obligations not extinguished by death are transmitted to the heirs.

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CIVIL LAW TEAM: ADVISER: ATTY. ELMER T. RABUYA; SUBJECT HEAD: ALFREDO B. DIMAFELIX II; ASST. SUBJECT HEADS: KAREN

FELIZ G. SUPNAD, LAMBERTO L. SANTOS III; MEMBERS: PAUL ELBERT E. AMON, ALSTON ANARNA, OZAN J. FULLEROS, CECILIO M. JIMENO, JR., ISMAEL
SARANGAYA, JR.; CONTRIBUTORS: LOISE RAE G. NAVAL, MONICA JUCOM