What is LAW?

General and abstract sense (derecho): It is the science of moral laws founded on the rational nature of man that governs his free activity for the realization of the individual and social ends of life under an aspect of mutual conditional dependence.

Specific and concrete sense (ley): It

is defined as a rule of conduct, just and obligatory, promulgated by legitimate authority, and of common observance and benefit.

Classification of laws
As to purpose: 1. Substantive law a law which creates, defines and regulates rights, or which regulates the rights and duties which give rise to a cause of action. 2. Adjective a law which provides the method of aiding and protecting certain rights.

 As to scope:

1. General or Public law a law which applies to all the people of the state or to all of a particular class of persons in the state, with equal force and obligation. Examples: Criminal law, International Law, Political law.

2.

Special or Private Law a law which relates to particular persons or things of a class. Examples: civil law, maritime law, mercantile law

Sources of law: 1. The Philippine Constitution 2. Statutes or legislative enactments: 1901 to 1935 Public Acts (Phil. Legislature) 1936 to 1946 Commonwealth Acts 1946 to1972 and from 1987 under the 1987 Constitution Republic Acts

3. Administrative or

executive orders, regulations and rulings

4.

Judicial decisions or jurisprudence

5. Customs

6. Other sources decisions of tribunals

and opinions of textbook writers.

Succession in General Defined

Latin sub and cedere meaning the placing of one person in the place of another.
Succession is defined as the transmission of rights and properties from one person to another. Succession may be inter vivos or mortis causa, depending upon whether the transfer is effective during the lifetime (inter vivos) of the giver, or after his death (mortis causa).

Succession Defined in its Technical Sense

Succession is restricted to succession mortis causa.
The succession referred to in our Civil code, in Title IV and in Article 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 as it does, only on the death of a person.

Kinds of Succession
1. As to effectivity

a) Succession inter vivos (example: donation)

b) Succession mortis causa (specific sense, Article

774) 2. As to whether a will exists or not a)Testamentary succession (there is a will) b) Intestate or legal succession (there is NO will) c) Mixed succession (part of the property has been disposed of in a will)

3. As to the transferees of the property a) Compulsory succession (refers to the legitime)

b) Voluntary succession (refers to the free disposal)

4. As to the extent of rights and obligations

involved a) Universal succession (covering ALL juridical relations involving the deceased) b) Particular succession (covering only certain items of properties)

5. Contractual succession - that kind where a future husband and a future wife give to each other future property effective mortis causa, by means of a marriage settlement.

Article 774
Important element of succession;
Bases for succession 1. Natural law which obliges a person to provide

for those he would leave behind (this is a consequence of family relations), a recognition of the natural law of consanguinity, or of blood, and the natural affection of a person toward those nearest him in relationship.

2. The socio-economic postulate which would prevent wealth from becoming inactive or

stagnant (this is essential from an economic standpoint to enable social economy to be firm) 3. The implicit attributes of ownership which would be imperfect, if a person is not allowed to dispose of his property, such disposal to take effect when he is already dead (this is a consequence of rights to property)

Article 775
Decedent is the person whose estate is to

be distributed. He is also called: 1. Testator if he left a will 2. Intestate - if he left no will