P a g e 1
MLQU School of Law
Arlegui St., Quiapo Manila
LAW STUDENT COUNCIL
2 0 0 9 C E N T R A L I Z E D B A R O P E R A T I O N S
Succession is the last mode of acquiring ownership. It is an independent mode of acquiring ownership.
Requisites of Succession:
(1) Death of the predecessor;(2) Existence and capacity of the successor;(3) Provision of the law or provision of a willgranting the right of succession;(4) Acceptance by the successor.
Q: Is tradition (delivery) required for ownershipto transfer?
A: No. Ownership is transferred by succession, notby any other mode.
is derived from 2 Latinwords:
, meaning under (e.g., an underling, asubordinate, if a plane travels at a subsonic speedor fly below opposite- subsonic) and
,meaning to give, to pass.Succession, therefore, is a passing under.It gives the idea of the nature of succession asoriginated from Roman Law. Why do the Romanscall it a passing under? Because of the fiction inRoman Law that a personality occupies a space,that is, a legal personality is permanent. Apermanent fixture but the occupant will go away.And it is the successor who will occupy the spaceyou left vacant. There is always what you call
"Sound through" like a play, whereyou wear a mask, and the one behind the curtainis sounding through. That is, somebody is reallytalking behind you. This, by analogy issuccession.
means "you," the character.
or personality which is always thereand there is or there will always be an occupant,who comes and goes; it may change thecharacter, the person passes under. What isbehind all this? Personality never dies. We arebut dust and shadows based on the reality of death.Why do we have to devise this fiction?Why the law on succession? The Law onsuccession has various underpinnings in RomanLaw, that is,
, the vague idea of after life, likethe ideas of Horace - state of good in the Elipianfields;
, that the law develops based onconditions of society. One of the most basicdesires of man is the desire for immortality.How, When, To Whom, In What proportion arethey transmitted - Succession.
BASIS OF THE LAW ON SUCCESSION:
1. Succession provides the vehicle for satisfyingyour yearning and longing for immortality. Itsatisfies or consoles yourself that something inyou lives forever and this is your personality.Others usually leave something like paintings,book of poems, statue so that they will beremembered forever, e.g., Horace byShakespeare.2. Concept of
. Diligence of
means head of the family.The basic unit of Roman society. It is he whomanaged and exercised authority over hischildren, absolute control over his wife. In Romanlaw, a man's wife is his child. It is he who is theguardian of the family gods. It is a position thatmust be occupied every time. It is unthinkable tobe otherwise. Once he dies, it is absolutelynecessary not only in religion that he is to bereplaced immediately. This is indispensable.These underpinnings are gone now. Today,succession is nothing but a mode of acquiringownership. Why? Because you do not have thefiction to have succession, because of the spreadof Christianity which took the place of thoseyearnings that is believing in God and life after death. No more yearnings for immortality, unlessyou do not believe in the teachings of Christianity.Also, the concept of
is nolonger applicable because of parental authoritywhich restricted the authority of the head of thefamily. We no longer have slaves, absolutecontrol over children, etc.But old beliefs do not die easily. Someprovisions of the Law on Succession areinfluenced by these underpinnings. Like, "heirsare the continuation of the personality of thedecedent." Another is: when a condition isimposed upon the substitute, does the substitutehave to fulfill the condition? All of these areresidual elements of Roman Law.
Definition of Succession:
Succession in a juridical sense is the substitution of one person for another in a determinable relationship or asubrogation of one person by another in a juridicalsituation. (Manresa.)Succession is the substitution of a personto the determinable legal relationship of another.(Castan.)
Castan's definition is better.
PHILIPPINE LAW ON SUCCESSION (Based onthe lecture given by JBL Reyes.)
Every person during his lifetime is at thecenter of a number of juridical relations flowingfrom personality. Some of these legal relationsare permanent, some are transitory. Some of these relations are: paternity and filiation, marriageand maternity, membership of the bar, student of MLQU, etc., which other persons do not have.There are transitory relations, and examples of these are one when bought a bottle of Coke; leaseof an apartment unit; a mortgage; a contract of partnership; when one rides a bus, etc.When a person dies, personality isextinguished. Some of these juridical relations willdie with you-
SSS, GSIS- if theydie with you, no problem. But some of themsurvive,
land, say a thousand hectares. If it isonly a ball pen left by the decedent, it is not a bigproblem. But what if the decedent left a big tractof land, or there is a contract of sale which