I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
Succession is a derivative mode of acquisition. Property, rights and obligations of one person are transmitted through his death to other people by virtue of a will (testamentary/testate succession) or by law (intestate succession.) The property, rights and obligations comprise the value of the inheritance. Succession is either testamentary (by a will,) legal/intestate (if the person died without a will) or mixed (if there was a will but certain parts of the inheritance weren't included in it.)
Elements:
1.) It is a mode of acquisition
2.) It transfers property, rights and obligations to the extent of the value of a person's inheritance
3.) The transfer takes place on the person's death
4.) It is transferred to another person (heir, grantee, legatee, devisee or transferee)
5.) Done by will or law
What is transferred during the succession are the rights, obligations and property that can't be extinguished by death. The inheritance consists of:
1.) Property, rights and obligations at the time of death. Succession occurs at the moment of death
2.) Those that accrued (were accumulated) during the opening of succession
Death
A.) Actual Death: physical death (obviously!)
B.) Presumed Death
If a person disappears and can't be found within a required period of time, he is presumed dead in either ordinary or extraordinary cases.
1.) Ordinary Presumption - disappearance for 10 years (5 in case the person is more than 75 years old.)
2.) Extraordinary Presumption - 4 years in any of the following instances:
a.) If he was on a vessel lost at sea or an aircraft that crashed
b.) If he was a member of the armed forces and took part in war
c.) If he's in danger of death
Transferees in Succession:
1.) Heirs - if they succeed by universal title or all of the inheritance or a fraction/aliquot part of it.
2.) Legatees - if they succeed to particular personal property.
3.) Devisees - if they succeed to particular real property.
Heirs can be both legatees and devisees.
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