Notes and Cases on SUCCESSION
3ompiled and #dited *% RAM
from personalit%. Some of these legal relations are permanent some are transitor%. Some of these relations are+ paternit% and filiation marriage and maternit% mem*ership of the *ar student of :' etc. w7c other persons do not hae. 4here are transitor% relations and e$amples of these are one when *ought a *ottle of 3o6e! lease of an apartment unit! a mortgage! a contract of partnership! when one rides a *us etc. 0hen a person dies personalit% is e$tinguished. Some of these =uridical relations will die w7 %ou--
SSS <SIS-- if the% die w7 %ou no pro*lem. *ut some of them surie e.g. land sa% a thousand hectares. If it is onl% a *all pen left *% the decedent it is not a *ig pro*lem. 2ut what if the decedent left a *ig tract of land or there is a contract of sale w7c transfers ownership *et. the decedent and third parties. >ou hae to set a deise. >ou can not leae them hanging in the air. >ou hae to deise a set of rules to determine the how when to whom to what e$tent these rights will *e transmitted. 4he law w7c goerns them is succession. And that is all on succession eer%thing is footnotes.
*I44EREN) 5IN*S O4 SUCCESSION
A. 2% the moment of transmission+1.
ta6es place *% irtue of death".
ta6es place independentl% of death during the lifetime of the parties (now called onation
.)2. #$tent of rights inoled+1.
-- this is er% catch%- it inoles the entire estate or fractional or aliquot or undiided part of the estate e.g. I gie %ou 17" of m% estate.".
.-- succession to specific itemsa. legac%-- specific personal prop. e.g. I gie %ou m% car *. deise-- specific real prop. e.g. I gie to < m% fishpond in /aguna. 3. As to cause+1.
-- that effected *% operation of law to forced heirs een if not in a will! succession to the resered portion7 legitime".
&ntestate or legal.++
succession in default of a will! su*ordinate to testamentar% succession.
.-- com*ination of the a*oe.?.
.-- #.g. donation
*% one to another of future prop. w7c ta6es effect after death. 0h% contractual 2ec. of the transfer of prop. is not *% irtue of a will *ut *% contract. So it is goerned *% the law on contracts. 8ence it must *e goerned *% the Statute of 9rauds. It must *e in writing to *e enforcea*le.. As to parties to succession+1. ecedent transferor
causante, acutor, de cuius
". Successor transferee
#. As to terms+1. 4estator.-- decedent left a will". Intestate.-- decedent did not leae a will&. 8eir.-- one who succeeds *% uniersal title or to a share of the estate. eisee.-- one who succeeds *% particular title to real prop.