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WILLS AND SUCCESSION by Siegfred B. Mison; This book is another attempt to simplify my favorite subject with some innovations and modifications to help the reader understand the seemingly complex world of Wills and Succession. The first innovation is the inclusion of some U.S. cases that I encountered during my advanced studies at the University of Southern California (USC). While arguably these cases will merely have a persuasive effect at best under Philippine law, I found these cases interesting in illustrating some key concepts that we share with the United States especially as regards testamentary capacity, fraud, undue infl uence, and revocation. Professor Charles Whitebread of USC, whose extraordinary wealth of knowledge and experience in the subject inspired me to harmonize American doctrines with their Philippine counterparts, was without a doubt my best professor during my masteral studies. Of course, I also included the more recent Philippine cases that reinforced and modifi ed the doctrines in this field of the law. Our jurisprudence in Wills and Succession is not as dynamic as other fields of the law. Nonetheless, I found it important to include whatever significant cases involving Wills and Succession I encountered since I graduated from law school to the present. I also added some laws that are germane to the study of succession. These include key provisions of the Civil Code (Absence, Conditional Obligations, Property, etc.), Family Code (Support, Parental Authority, etc), the Domestic Adoption Act, and the Revised Rules of Civil Procedure (Special Proceedings). Further, for the convenience of the student and practitioner, I included some points to ponder and questions based on actual bar examinations for reflection at the end of some of the more complicated provisions of Wills and Succession. I believe they highlight some of the gray areas of the law that will ultimately challenge the reader to be more insightful and analytical. Finally, I rearranged the articles chronologically instead of by topics. As suggested by some students, studying each Article chronologically gives them a comfortable confidence that they did not miss out on any Article. I am again eternally grateful to our Lord above for giving me the time and the patience to come up with a second edition of this book. I remain genuinely indebted to the readers, professors, and students of the law for using this book.
COMMENTS & JURISPRUDENCE ON SUCCESSION by Jurado; Dr. Jovito Salonga once wrote that we have books that contain not only simple matters of definitions, distinctions and enumerations but even more, reminding us that life is complex and real, that the law which essays to support and maintain a regime of ordered liberty, upholding basic social values and reconciling demands and interests that overlap and conflict, should cope with its increasing complexities, that it cannot be inert but that it must thrive and flourish, since history has shown that law assumes stability only when it has not lost its capacity for growth. We hope that Justice Jurado, in this book, just like in his other books, continuously “supplies an acute need for a manual that is well-grounded, comprehensive, balanced in treatment” and able to cope with life’s increasing complexities. We also pray that his “wealth of experience which he has gained as a respected scholar and teacher of law” shall continue to satisfy the needs of judges, lawyers, bar candidates and students of law. We wish to extend our gratitude to Dr. Jovito Salonga who wrote the beautiful Foreword in one of Justice Jurado’s books; to the judges, lawyers, bar candidates and students of law who continue to have faith in using not only this book, but also his other Civil Law books. We likewise give our thanks to Mama Nena for the love and inspiration, and to the Rex Book Store for the unending support given to us.
CIVIL CODE OF THE PHILIPPINES ANNOTATED VOL. III (WILLS AND SUCCESSION) by Justice Edgardo Paras; Significant doctrines as wellas reiteration of the same by our Supreme Court by way of its most recent pronouncements affecting the Law on Wills and Succession have been promulgated since this volume's last edition Table of Contents Title IV - Succesion Chapter 1 : General Provisions Chapter 2 : Testamentary Succession Section 1 - Wills Section 2 - Institution of Heirs Section 3 - Substitution of Heirs Section 4 - Conditional Testamentary Dispositions and Testamentary Dispositions With A Term Section 5 - Legitime Section 6 - Disinheritance Section 7 - Legacies and Devises Chapter 3 : Legal or Intestate Succession Section 1 - General Provisions Section 2 - Order of Intestate Succession Chapter 4 : Provisions Common to Testate and Intestate Successions Section 1 - Right of Accretion Section 2 - Capacity to Succeed By Will or By Intestacy Section 3 - Acceptance and Repudation of the Inheritance Section 4 - Executors and Administrators Section 5 - Collation Section 6 - Partition and Distribution of the Estate