Succession

-transmission of rights and properties from one person to another.

Types of Succession

1. Inter vivos-during the lifetime

2. Mortis causa-after his death

In its technical signification, succession is restricted to succession mortis causa. The succession referred to
in our Civil Code, in this Title (Title IV) and in Art. 774 is succession mortis causa. It is in this limited
sense that succession denotes the transfer of title to property under the laws of descent and distribution,
taking place as it does, only on the death of a person

Kinds of Succession
1. As to effectivity
a. Inter vivos
b. Mortis causa
2. As to whether a will exist or not
a. Testamentary succession
b. Intestate or legal succession
c. Mixed succession
3. As to the transferees of the property
a. Compulsory succession
b. Voluntary succession
4. As to the extent of rights and obligations
a. Universal succession
b. Particular succession
5. Special kind
a. Contractual succession
Important Elements of Definition of succession (Art. 774)

a. Mode of acquisition of ownership

b. Transfer of property, rights and obligations to the extent of the value of the inheritance
of a person
c. Transmission thru death
d. Transmission to another
e. By will or by operation of law

Bases of Succession
a. Family relations
b. Economic
c. Rights to property
 Art. 775
Decedent is the person whose estate is to be distributed.
Testator- if he left a will
Intestate-if he left no will

Inheritance v Succession
Inheritance is the property or right acquired; succession is the manner by virtue of which the
property or right is acquired.

Administration is distinguished from successon as follows: former means dealing with a deceased
person’s property according to law; the latter, the transferring to it beneficially.

Inheritance includes:
a. Property
b. Righs not extinguished by death
c. Obligations not extinguished by death

A. Properties
-includes real and personal
-accessions to the property
-ownership is transferred at the moment of death

B. Rights

a. Some rights are extinguished by death: some are not

b. Examples of rights extinguished by death
i. Intransmissible personal rights because of their nature
ii. Right to claim acknowledgment or recognition as a natural child
iii. Right to hold public or private office

Above mentioned rights have no inheritability, they are not transmissible

mortis causa
c. Examples of rights not extinguished by death(part of the estate)
i. Right to bring or continue an action for forcible entry or unlawful detainer
ii. Right to compel the execution of a document necessary for convenience,
provided that the contract is valid and enforceable under the statute of
frauds.
iii. Right to continue a lease contract either as lessor or lessee ,unless
otherwise provided for in the contract.(if heir continues to lease the
obligation to pay rent passes unto him)
iv. Property right in an insurance policy(the interest of a beneficiary in a life
insurance policy is a vested interest)provided that the designation of
beneficiary is irrevocable , and as such is transmissible by hereditary
succession, unless by the terms of the policy it is otherwise provided .
Obligations not extinguished by death

GR: all obligations are transmissible

XPN: Purely personal obligations

Judicial administration is not essential when the deceased left no pending obligations.

Art. 777 the rights to the succession are transmitted from the moment of death of the decedent.

Conditions for the transmission of successional rights:

a. That indeed there has been a death(either actual or presumed)
b. That the rights or properties are indeed transmissible or descendible
c. That the transferee is still alive, willing, is capacitated to inherit.

Presumed death

a. Ordinary presumption because of ordinary absence

-an absentee who disappears under normal conditions, there being no danger or idea of
death shall be presumed dead for the purpose of opening his succession at the end of ten
years. If he is 75 yrs. Of age-5 years
b. extraordinary presumption bec of extraordinary or qualified absence
1) A person on board a vessel lost during a sea
voyage, or an aeroplane which is missing, who
has not been heard of for four years since the
loss of the vessel or aeroplane;
2) A person in the armed forces who has taken part
in war, and has been missing for four years;

3) A person who has been in danger of death under

other circumstances and his existence has not
been known for four years. (Art. 391).