Wills first meeting:

774: Succession is a mode of acquisition by

virtue of which the property, rights and
obligations to the extent of the value of
inheritance, of a person is transmitted through
his death to another or others either by will or by
operation of law.
It is very important because it tells us what
succession is all about.
1. Succession is mode of acquisition
meaning succession is a mode of
acquiring ownership.
*In the law on property you must have discussed
the article that enumerates different modes of
acquiring ownership:
a)
b)
c)
d)
e)

Prescription
Law
Donation
Intellectual creation
Tradition or delivery as a consequence
of certain contracts and
f) SUCCESSION.

Unless there is no mode there is no transfer of

ownership.
SUCCESSION IS AN INDEPENDENT
MODE OF ACQUIRING OWNERSHIP:
Succession is an independent mode of acquiring
ownership, ibig sabihin nan succession by itself
is enough to transfer ownership.
Example:
Namatay ung lolo mo. May Last will and
testament. Pinamana sayo ung bahay at lote sa
Quezon city e nagkagulogulo ung mga heirs. So
nag away away.
And it took time before the state will finally be
settled. Pag nagaway away ang mga kamaganak
na yan batang bata pa ang 20 years bago
matapos ang settlement case na yan.
Ultimately, pag nangyari yan the lawyers end
up. Kung minsan mas Malaki pa ang nakukua
ng abogado e.
So namatay ung lolo mo 1985 it was only 2005
when the property was already settle.

Q. What is the significance if it is a mode of

acquisition?

Q. When did you acquire the property? It is

1985 or 2005?

A. You remember your study in property that

without a mode you dont acquire ownership.

A. 1985 when your grandfather died.

Example:
Under the law on sales, If I sell you my car you
do not automatically own the car there must be a
delivery which is a MODE OF AQUIRING
OWNERSHIP.
The contract of sale is just a TITLE. The title
just provides of the legal justification or the
explanation kung bakit meron transfer of
ownership.

Bakit? That may lead to Article 774 because

succession is a separate mode of acquisition and
what is important in succession. What triggers
the transmission of successional rights is
DEATH.
And this is more clearly amplified in ARTICLE
777:
ARTICLE 777: The rights to the succession are
transmitted from the moment of death of the
decedent.

This is the most important provision in

succession. TRIPLE 7. Ibig sabihin pagkamatay
na pagkamatay there is already a successional
transmission.
In succession therefore you don require delivery
because it is a separate mode of acquiring
ownership.

VARIOUS THEORIES IN SUCCESSION:

Bakit may succession? Bakit hindi nalang sinabi
ng batas na when a person died all of his
property will go to the state.
1. Succession is an extension of the
rights of private ownership
19:58