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WILLS SUCCESSION BARQ As 199-2016 LSGPROJECT PDF
WILLS SUCCESSION BARQ As 199-2016 LSGPROJECT PDF
YEARS 1990-2006
LAW STUDENT GOVERNMENT (AY 2017-2018)
WILLS & SUCCESSION – BAR Q&As 1990-2013 Amount of Successional Rights (2004)
Mr. XT and Mrs. YT have been married for 20 years. Suppose the wife, YT,
Academics Committee Head: Vice President for Academics: died childless, survived only by her husband, XT. What would be the share
Pojas, Kristofer Abe B. Alfaro, Rennette Joy G. of XT from her estate as inheritance? Why? Explain. (5%)
(3rd Year Batch Representative)
SUGGESTED ANSWER:
Contributors/Members: Under the Civil Code, the widow or widower is a legal and compulsory heir
Abuzo, Jan Michael C. Capucion, Shawn Kemp A. of the deceased spouse. If the widow is the only surviving heir, there being
Lacadin, Anna Raeza A. Liberato, Suzette Ria T. no legitimate ascendants, descendants, brothers, and sisters, nephews and
Lumio, Jhon Rommel L. Mallari, Hazel Marie Y. nieces, she gets the entire estate.
Noble, JeshaAina F. Nuguid, Alexis John N.
Santos, Mary Kolyn T. Tan, James Bryan Barrier between Illegitimate & Legitimate Relatives (1993)
A is the acknowledged natural child of B who died when A was already 22
This work was made possible through joint efforts of the members and years old. When B's full blood brother, C, died he (C) was survived by his
volunteers of the Law Student Government Academics Committee 2017- widow and four children of his other brother D. Claiming that he is entitled
2018. This is not an original work by the persons named herein but is only to inherit from his father's brother C. A brought suit to obtain his share in
a compilation of answers to bar examination questions by the UP Law the estate of C. Will his action prosper?
Complex, Philippine Association of Law Schools, and local law students and
lawyers. This work is not intended for sale nor commerce but may be freely SUGGESTED ANSWER:
distributed and mass produced by those who seek a better understanding No, the action of A will not prosper. On the premise that B, C and D are
of the concepts in Wills and Succession. legitimate brothers, as an illegitimate child of B, A cannot inherit in
intestacy from C who is a legitimate brother of B. Only the wife of C in her
Due credit and appreciation are extended to those who actually own the own right and the legitimate relatives of C (i.e. the children of D as C's
intellectual property rights over the content of this material as well as to legitimate nephews inheriting as collateral relatives) can inherit in intestacy.
the contributors and volunteers. The latter intends to do no copyright (Arts. 992, 1001, 1OO5 and 975, Civil Code)
infringement nor do they accept any liability for the content and
consequences of any act performed by the user, except for typographical, ALTERNATIVE ANSWER:
grammatical, or related errors. The action of A will not prosper. Being an illegitimate, he is barred by
Article 992 of the Civil Code from inheriting ab intestato from the
For contributions, suggestions, participations, you may approach the Law legitimate relatives of his father.
Student Government or contact the same through any of the following
media: Facebook: LSG San Beda Manila (@lsg.sanbedamanila); Barrier between Illegitimate & Legitimate Relatives (1996) Cristina the
Contact Number: 09951693210; E-mail address: lsg.beda@gmail.com illegitimate daughter of Jose and Maria, died intestate, without any
descendant or ascendant. Her valuable estate is being claimed by Ana, the
UIOGD.
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legitimate daughter of Jose, and Eduardo, the legitimate son of Maria. Is without his knowledge, much less consent, and that it deprived him of his
either, both, or neither of them entitled to inherit? Explain. legitime. After all, he had given her no cause for disinheritance, added
Jorge in his opposition. How will you rule on Jorge's opposition to the
SUGGESTED ANSWER: probate of Maria's will if you were the Judge?
Neither Ana nor Eduardo is entitled to inherit of ab intestato from Cristina.
Both are legitimate relatives of Cristina's illegitimate parents and therefore SUGGESTED ANSWER:
they fall under the prohibition prescribed by Art. 992, NCC (Manuel v. As Judge, I shall rule as follows: Jorge's opposition should be sustained in
Ferrer, 242 SCRA 477; Diaz v. Court of Appeals, 182 SCRA 427 ). part and denied in part. Jorge's omission as spouse of Maria is not
preterition of a compulsory heir in the direct line. Hence, Art. 854 of the
Collation (1993) Civil Code does not apply, and the institution of Miguela as heir is valid,
Joaquin Reyes bought from Julio Cruz a residential lot of 300 square but only to the extent of the free portion of one-half. Jorge is still entitled
meters in Quezon City for which Joaquin paid Julio the amount of to one-half of the estate as his legitime. (Art. 1001, Civil Code)
P300,000.00, When the deed was about to be prepared Joaquin told Julio
that it be drawn in the name of Joaquina Roxas, his acknowledged natural ALTERNATIVE ANSWERS:
child. Thus, the deed was so prepared and executed by Julio. Joaquina then a) As Judge, I shall rule as follows: Jorge's opposition should be sustained
built a house on the lot where she, her husband and children resided. in part and denied in part. This is a case of ineffective disinheritance under
Upon Joaquin's death, his legitimate children sought to recover possession Art.918 of the Civil Code, because the omission of the compulsory heir
and ownership of the lot, claiming that Joaquina Roxas was but a trustee of Jorge by Maria was intentional. Consequently, the institution of Miguela as
their father. Will the action against Joaquina Roxas prosper? heir is void only insofar as the legitime of Jorge is prejudiced. Accordingly,
Jorge is entitled to his legitime of one-half of the estate, and Miguela gets
SUGGESTED ANSWER: the other half.
Yes, because there is a presumed donation in favor of Joaquina under Art.
1448 of the Civil Code (De los Santos v. Reyes, 27 January 1992, 206 SCRA b) As Judge, I shall rule as follows: Jorge's opposition should be sustained.
437). However, the donation should be collated to the hereditary estate This is a case of preterition under Article 854 Civil Code, the result of the
and the legitime of the other heirs should be preserved. omission of Jorge as compulsory heir having the same right equivalent to a
legitimate child "in the direct line" is that total intestacy will arise, and
ALTERNATIVE ANSWER: Jorge will inherit the entire estate.
Yes, the action against Joaquina Roxas will prosper, but only to the extent
of the aliquot hereditary rights of the legitimate children as heirs. Joaquina c) As Judge, I shall rule as follows: the opposition should be denied since it
will be entitled to retain her own share as an illegitimate child, (Arts. 1440 is predicated upon causes not recognized by law as grounds for
and 1453. Civil Code; Art.176, F. C.) disallowance of a will, to wit: 1) that the will was made without his
knowledge; 2) that the will was made without his consent; and 3) that it has
Disinheritance vs. Preterition (1993) the effect of depriving him of his legitime, which is a ground that goes into
Maria, to spite her husband Jorge, whom she suspected was having an the intrinsic validity of the will and need not be resolved during the
affair with another woman, executed a will, unknown to him, bequeathing probate proceedings. However, the opposition may be entertained for, the
all the properties she inherited from her parents, to her sister Miguela. purpose of securing to the husband his right to the legitime on the theory
Upon her death, the will was presented for probate. Jorge opposed
probate of the will on the ground that the will was executed by his wife
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that the will constitutes an ineffective disinheritance under Art. 918 of the SUGGESTED ANSWER:
Civil Code. The disinheritance of Wilma was ineffective because the ground relied
upon by the testator does not constitute maltreatment under Article
d) As Judge, I shall rule as follows: Jorge is entitled to receive his legitime 919(6) of the New Civil Code. Hence, the testamentary provisions in the
from the estate of his wife. He was not disinherited in the will even will shall be annulled but only to the extent that her legitime was impaired.
assuming that he gave ground for disinheritance, hence, he is still entitled The total omission of Elvira does not constitute preterition because she is
to his legitime. Jorge, however, cannot receive anything from the free not a compulsory heir in the direct line. Only compulsory heirs in the direct
portion. He cannot claim preterition as he is not a compulsory heir in the line may be the subject of preterition. Not having been preterited, she will
direct line. There being no preterition, the institution of the sister was valid be entitled only to her legitime.
and the only right of Jorge is to claim his legitime.
The legacy in favor of Rosa is void under Article 1028 for being in
Disinheritance; Ineffective (1999) consideration of her adulterous relation with the testator. She is, therefore,
Mr. Palma, widower, has three daughters D, D-1 and D-2. He executes a disqualified to receive the legacy of 100,000 pesos. The legacy of 50,000
Will disinheriting D because she married a man he did not like, and pesos in favor of Ernie is not inofficious not having exceeded the free
instituting daughters D-1 and D-2 as his heirs to his entire estate of P portion. Hence, he shall be entitled to receive it.
1,000,000.00, Upon Mr, Palma's death, how should his estate be divided?
Explain. (5%) The institution of Baldo, which applies only to the free portion, shall be
respected. In sum, the estate of Lamberto will be distributed as follows:
SUGGESTED ANSWER:
This is a case of ineffective disinheritance because marrying a man that the Baldo 450,000
father did not approve of is not a ground for disinheriting D. Therefore, the Wilma 250,000
institution of D-1 and D-2 shall be annulled insofar as it prejudices the Elvira 250,000
legitime of D, and the institution of D-1 and D-2 shall only apply on the Ernie 50,000
free portion in the amount of P500,000.00. Therefore, D, D-1 and D-2 will 1,000,000
get their legitimes of P500.000.00 divided into three equal parts and D-1
and D-2 will get a reduced testamentary disposition of P250,000.00 each. ALTERNATIVE ANSWER:
Hence, the shares will be: The disinheritance of Wilma was effective because disrespect of, and
D P166,666.66 raising of voice to, her father constitute maltreatment under Article 919(6)
D-l P166,666.66 + P250.000.00 of the New Civil Code. She is, therefore, not entitled to inherit anything.
D-2 P166,666.66 + P250,000.00 Her inheritance will go to the other legal heirs. The total omission of Elvira
is not preterition because she is not a compulsory heir in the direct line.
Disinheritance; Ineffective; Preterition (2000) She will receive only her legitime. The legacy in favor of Rosa is void under
In his last will and testament, Lamberto 1) disinherits his daughter Wilma Article 1028 for being in consideration of her adulterous relation with the
because "she is disrespectful towards me and raises her voice talking to testator. She is, therefore, disqualified to receive the legacy. Ernie will
me", 2) omits entirely his spouse Elvira, 3) leaves a legacy of P100,000.00 to receive the legacy in his favor because it is not inofficious. The institution
his mistress Rosa and P50,000.00 to his driver Ernie and 4) institutes his son of Baldo, which applies only to the free portion, will be respected. In sum,
Baldo as his sole heir. How will you distribute his estate of P1,000,000.00? the estate of Lamberto shall be distributed as follows:
(5%)
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contending that the marriage between her and Isidro was void ab initio on
Heir Legitime Legacy Institution TOTAL the following grounds: (a) they had not given their consent to the marriage
Baldo 500,000 200,000 700,000 of their son; (b) there was no marriage license; (c) the solemnizing officer
Elvira 250,000 250,000 had no authority to perform the marriage; and, (d) the solemnizing officer
Ernie 50,000 50,000 did not file an affidavit of marriage with the proper civil registrar.
TOTAL 750,000 50,000 200,000 1,000,000
Does Irma have any successional rights at all? Discuss fully.
However, if the child had intra-uterine life of less than 7 months, half of the Legitime; Compulsory Heirs (2003)
estate of Mr. Luna, or 5M, will be inherited by the widow (Mrs. Luna), while Luis was survived by two legitimate children, two illegitimate children, his
the other half, or 5M, will be inherited by the parents of Mr. Luna. Upon parents, and two brothers. He left an estate of P1 million. Who are the
the death of Mrs. Luna, her estate of 5M will be inherited by her own compulsory heirs of Luis, how much is the legitime of each, and how much
parents. is the free portion of his estate, if any?
SUGGESTED ANSWER: However, when the insertion or cancellation amounts to revocation of the
(2) a. If the testator is a foreigner residing in the Philippines and he will, Art.814 of the NCC does not apply but Art. 830. NCC. Art. 830 of
executes his will in the Philippines, the law of the country of which he is a the NCC does not require the testator to authenticate his cancellation for
citizen or Philippine law will govern the formalities. the effectivity of a revocation effected through such cancellation (Kalaw v.
Relova, 132 SCRA 237).
b. If the testator is a foreigner and executes his will in a foreign country,
the law of his place of residence or the law of the country of which he is a In the Kalaw case, the original holographic will designated only one heir as
citizen or the law of the place of execution, or Philippine law will govern the only substantial provision which was altered by substituting the
the formalities (Articles 17. 816. 817. Civil Code). original heir with another heir. Hence, if the unauthenticated cancellation
(2) If Don failed to execute a will during his lifetime, as his lawyer, how will SUGGESTED ANSWER:
you distribute his estate? Explain. (2.5%) Manuel is correct because under Art. 793, NCC, property acquired after
the making of a will shall only pass thereby, as if the testator had
SUGGESTED ANSWER: possessed it at the time of making the will, should it expressly appear by
After paying the legal obligations of the estate, I will give Ronie, as full- the will that such was his intention. Since Alfonso's intention to devise all
blood brother of Don, 2/3 of the net estate, twice the share of Michelle, the properties he owned at the time of his death expressly appears on the will,
half-sister who shall receive 1/3. Roshelle will not receive anything as she is then all the 20 parcels of land are included in the devise.
not a legal heir (Art. 1006 New Civil Code).
(3) Assuming he died intestate survived by his brother Ronie, his half-sister
Michelle, and his legitimate son Jayson, how will you distribute his estate?
Explain. (2.5%)
SUGGESTED ANSWER:
Jayson will be entitled to the entire P12 Million as the brother and sister
will be excluded by a legitimate son of the decedent. This follows the
principle of proximity, where "the nearer excludes the farther."
(4) Assuming further he died intestate, survived by his father Juan, his
brother Ronie, his half-sister Michelle, and his legitimate son Jayson, how
will you distribute his estate? Explain. (2.5%)
Disposition; Mortis Causa vs. Inter vivos; Corpse (2009) SUGGESTED ANSWER:
TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the If Ruffa predeceases Raymond, Raymond's widowed mother will be
statement is false. Explain your answer in not more than two (2) sentences. entitled to the inheritance. Scarlet, an illegitimate child, cannot inherit the
property by intestate succession from Raymond who is a legitimate relative
A person can dispose of his corpse through an act inter vivos. (1%) of Ruffa (Art. 992, Civil Code). Moreover, Scarlet is not a compulsory heir
of Raymond, hence she can inherit only by testamentary succession. Since
SUGGESTED ANSWER: Raymond executed a will in the case at bar, Scarlet may inherit from
False. A person cannot dispose of his corpse through an act inter vivos, Raymond.
i.e., an act to take effect during his lifetime. Before his death there is no
corpse to dispose. But he is allowed to do so through an act mortis causa, Heirs; Intestate Succession; Legitime; Computation (2010)
i.e., an act to take effect upon his death. The spouses Peter and Paula had three (3) children. Paula later obtained a
judgment of nullity of marriage. Their absolute community of property
Heirs; Fideicommissary Substitution (2008) having been dissolved, they delivered P1 million to each of their 3 children
Raymond, single, named his sister Ruffa in his will as a devisee of a parcel as their presumptive legitimes.
of land which he owned. The will imposed upon Ruffa the obligation of
preserving the land and transferring it, upon her death, to her illegitimate Peter later re-married and had two (2) children by his second wife Marie.
daughter Scarlet who was then only one year old. Raymond later died, Peter and Marie, having successfully engaged in business, acquired real
leaving behind his widowed mother, Ruffa and Scarlet. properties. Peter later died intestate.
(A. Is the condition imposed upon Ruffa, to preserve the property and to (A). Who are Peter’s legal heirs and how will his estate be divided among
transmit it upon her death to Scarlet, valid? (1%) them? (5%)
SUGGESTED ANSWER:
(B) If the ground of nullity is not psychological capacity: No, his opposition is not correct. Arnel cannot inherit from Ricky in the
representation of his father Franco. In representation, the representative
2 legitimate children must not only be a legal heir of the person he is representing, he must also
¼ of the estate for each of second marriage surviving second spouse be a legal heir of the decedent he seeks to inherit from.
¼ of the estate
While Arnel is a legal heir of Franco, he is not a legal heir of Ricky because
3 illegitimate children
under Art. 992 of the NCC, an illegitimate child has no right to inherit ab
1/12 of estate for each of first marriage
intestato from the legitimate children and relatives of his father or mother.
Arnel is disqualified to inherit from Ricky because Arnel is an illegitimate
Note: The legitime of an illegitimate child is supposed to be ½ the legitime
child of Franco and Ricky is a legitimate relative of Franco.
of a legitimate child or 1/8 of the estate. But the estate will not be
sufficient to pay the said legitime of the 3 illegitimate children, because
Heirs; Reserva Troncal (2009)
only ¼ of the estate is left after paying the legitime of the surviving spouse
TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the
which is preferred.
statement is false. Explain your answer in not more than two (2) sentences.
(B). What is the effect of the receipt by Peter’s 3 children by his first
SUGGESTED ANSWER:
marriage of their presumptive legitimes on their right to inherit following
FALSE. Not all the relatives within the third degree will inherit as
Peter’s death? (5%)
reservatario , and not all those who are entitled to inherit will inherit in the
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equal shares . The applicable laws of intestate succession will determine three children, and (2) the half-sister. They will divide the other half
who among the relatives will inherit as reservatarios and what shares they between them such that the share of the half-sister is just half the share of
will take, i.e., the direct line excludes the collateral, the descending direct the full-blood brother. The share of the full-blood brother shall in turn be
line excludes the ascending, the nearer excludes the more remote, the inherited by the three nephews in equal shares by right of presentation.
nephews and nieces exclude the uncles and the aunts, and half blood Therefore, the three (3) nephews will receive P1,111,111.10 each the half-
relatives inherit half the share of full-blooded relatives. sister will receive the sum of P1,666,666.60.
(b) The disposition that Peter and Paul could not dispose of nor divide the (3) Is the testamentary prohibition against the division of the London
London estate for more than 20 years is void (Art. 870, Civil Code). estate valid? Explain. (1%)
SUGGESTED ANSWER:
Assuming the will of John and Maria was valid, the testamentary
prohibition on the division of the London estate shall be valid but only for
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20 years. Under Arts 1083 and 494 of the NCC, a testamentary (B). Act as a witness to a will? (1%)
disposition of the testator cannot forbid the partition of all or part of the
estate for a period longer than twenty (20) years. SUGGESTED ANSWER:
Stevie cannot be a witness to a will. Art. 820 of the Civil Code provides
Wills; Prohibition to Partition of a Co-owned Property (2010) that "any person of sound mind and of the age of eighteen years or more,
True or False. and not blind, deaf or dumb, and able to read and write, may be a witness
to the execution of a will.
X, a widower, died leaving a will stating that the house and lot where he
lived cannot be partitioned for as long as the youngest of his four children (C). In either of the above instances, must the will be read to him? (1%)
desires to stay there. As co-heirs and co-owners, the other three may
demand partition anytime. (1%) SUGGESTED ANSWER:
If Stevie makes a will, the will must be read to him twice, once by one of
SUGGESTED ANSWER: the subscribing witnesses, and again, by the notary public before whom
FALSE. The other three co-heirs may not anytime demand the partition of the will is acknowledged (Art. 808, Civil Code).
the house and lot since it was expressly provided by the decedent in his
will that the same cannot be partitioned while his youngest child desires to Wills; Testamentary Disposition; Period to Prohibit Partition (2008)
stay there. Article 1083 of the New Civil Code allows a decedent to John and Paula, British citizens at birth, acquired Philippine citizenship by
prohibit, by will, the partition of a property and his estate for a period not naturalization after their marriage. During their marriage the couple
longer than 20 years no matter what his reason maybe. Hence, the three acquired substantial landholdings in London and in Makati. Paula bore
co-heirs cannot demand its partition at any time but only after 20 years John three children, Peter, Paul and Mary. In one of their trips to London,
from the death of their father. Even if the deceased parent did not leave a the couple executed a joint will appointing each other as their heirs and
will, if the house and lot constituted their family home, Article 159 of the providing that upon the death of the survivor between them the entire
Family Code prohibits its partition for a period of ten (10) years, or for as estate would go to Peter and Paul only but the two could not dispose of
long as there is a minor beneficiary living in the family home. nor divide the London estate as long as they live. John and Paul died
tragically in the London Subway terrorist attack in 2005. Peter and Paul
Wills; Notarial Wills; Blind Testator; Requisites (2008) filed a petition for probate of their parent's will before a Makati Regional
No. XIV. Stevie was born blind. He went to school for the blind, and Trial Court.
learned to read in Braille Language. He Speaks English fluently. Can he:
(C). Is the testamentary prohibition against the division of the London
(A). Make a will? (1%) estate valid? (2%)
May the will of Clara be admitted to probate? Give your reasons briefly.
(10%)
SUGGESTED ANSWER:
Probate should be denied. The requirement that the testator and at least
three (3) witnesses must sign all in the "presence" of one another was not
complied with. Benjamin who notarized the will is disqualified as a witness,
hence he cannot be counted as one of the three witnesses (Cruz v. Villasor,
54 SCRA 31, 1973). The testatrix and the other witnesses signed the will not
in the presence of Roberta because she was in the restroom for extended
periods of time. Inside the restroom, Roberta could not have possibly seen
the testatrix and the other witnesses sign the will by merely casting her
eyes in the proper direction (Jaboneta v. Gustilo, 5 Phil 541, 1906; Nera v.
Rimando, 18 Phil 451, 1914). Therefore, the testatrix signed the will in the
presence of only two witnesses, and only two witnesses signed the will in
the presence of the testatrix and of one another.
In Mendoza v. Policarpio, (G.R. No. 176422, March 20, 2013), the Court a.) Was the joint will executed by Alden and Stela who were both
ruled that the lineal character of the reservable property is reckoned from former Filipinos Valid? Explain with legal basis. (3%)
the ascendant from whom the propositus received the property by b.) Can the joint will produce legal effect in the Philippines with
gratuitous title. In this case, the ownership should me reckoned only from respect to the properties of Alden and Stela found here? If so,
Jun, as he is the ascendant from whom Cesar inherited the properties, how?
moreover, Article 891 of the Civil Code provides that the person obliged c.) Is the situation presented in Item 1 and example of depecage?
to reserve the property should be an ascendant, Peachy is not Cesar’s
ascendant but a mere collateral relative.
Since Alden and Stela were both naturalized American citizens at Separation of Legitimate and Illegitimate Families (2016)
the time of the execution of the will, they are allowed to execute a Don Ricardo had 2 legitimate children- Tomas and Tristan. Tristan has 3
will in accordance with the formalities prescribed by the law of children. Meanwhile, Tomas had a relationship with Nancy, who was also
their country, where they reside or Philippine law. Moreover, single and had the legal capacity to marry. Nancy became pregnant and
Article 16(2) requires a will to be intrinsically in accordance with gave birth to Tomas, Jr. After the birth of Tomas, Jr., his father, Tomas, died.
the national law of the testator, hence should also be in Later, Don Ricardo died without a will and Tristan opposed the motion of
accordance with US law. Tomas, Jr. to be declared an heir of the deceased since he is an illegitimate
child. Tomas, Jr. countered that Article 991 of the Civil Code is
However, Alden’s siblings are all US citizens. Insofar as the real unconstitutional for violation of the equal protection clause of the laws. He
properties situated in the Philippines, the prohibition regarding explained that an illegitimate child of illegitimate parent is allowed to
alien ownership of the Philippine land found in the Constitution is inherit under Articles 902, 982 and 990 of the Civil Code while he—an
illegitimate child of a legitimate father—cannot. Civil law commentator
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Arturo Tolentino opined that Article 992 created an absurdity and descendant (son) Pepito by legitime and intestacy (hence, by operation of
committed an injustice because while the illegitimate descendant of an law).
illegitimate child can represent, illegitimate descendant of a legitimate
child cannot. Decide the case and explain. (5%) The Reservatario is Princess, a relative of the Propositus Pepito within the
third degree and who belonged to the line of origin (the maternal line).
SUGGESTED ANSWER: Line of origin is the maternal line because Onofre (the origin) and Pepito
I will deny the motion of Tomas, Jr. to be declared as an heir of the (the Propositus) are maternal half-blood siblings.
deceased. Tomas Jr., being an illegitimate child of the deceased legitimate
son, Tomas, cannot-inherit ab intestato from the deceased, Don Ricardo, When Mark (Reservista) died, the property passed to Princess as sole
because of the iron curtain rule under Article 992 of the Civil Code. reservatario, thus extinguishing the reserva troncal.
Tomas cannot argue that Article 992 is violative of the equal protection Upon Princess’s death, the property was transmitted ab intestate to her
clause because equal protection simply requires that all persons or things father Jojo. Transmission to Jojo is by the ordinary rules of compulsory and
similarly situated should be treated alike, both as to rights conferred and intestate succession, not by reserva troncal, because the reserva was
responsibilities imposed (Inchong vs. Hernandez, 101 Phil. 1155 [May 31, extinguished upon the transmission of the property to Princess, this
1957]). It, however, does not require universal application of the laws to all making Princess the absolute owner of subject to no reserva.
persons or things without distinction. What is simply requires is equality
among equals as determined according to a valid classification. Indeed, the
equal protection clause permits classification.
Who among the three (3) ascendants is entitled to the lot? Explain. (5%)
SUGGESTED ANSWER:
Jojo, Princess’ father, is entitled to the lot.
This is a clear case of reserva troncal. The Origin is Onofre. The Propositus
is Pepito. The mode of transmission from Onofre to Pepito is donation
(hence, by gratuitous title). The reservista is Mark, who acquired it from his
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SUGGESTED ANSWER:
PART IV SUGGESTEDANSWERS TO BAR EXAM QUESTIONS E. None of the above. There is no showing that Danny is an illegitimate
(MULTIPLE CHOICE Qs) half-blood brother of Armand. In the absence of proof to the contrary, the
YEARS 2007-2013 law presumes that the relationship is legitimate. Thus, Dante, an
illegitimate child of Danny, is barred from inheriting from Armand pursuant
Intestate succession to the “iron curtain rule” which disqualifies an illegitimate child from
Armand died intestate. His full-blood brothers, Bobby and Conrad, and inheriting ab intestato from the legitimate children and relatives of his
half-blood brothers, Danny, Edward and Floro, all predeceased him. The father or mother, and vice versa (Art 992, Civil Code).
following are the surviving relatives:
1. Benny and Bonnie, legitimate children of Bobby; (3) How much is Ernie's share in the net estate. (1%)
2. Cesar, legitimate child of Conrad; (A) P 0.
3. Dante, illegitimate child of Danny; (B) P400,000.
4. Ernie, adopted child of Edward; and (C) P150,000.
5. Felix, grandson of Floro. (D) P200,000.
(E) None of the above.
The net value of Armand's estate is Pl,200,000.
(1) How much do Benny and Bonnie stand to inherit by right of SUGGESTED ANSWER:
representation? (1%) (A) 0 or (E) None of the above. The legal relationship created by adoption
(A) P200,000 is strictly between the adopter and the adopted. It does not extend to the
(B) P300,000 relatives of either party (Sayson v. CA, G.R. Nos. 89224-25, Jan 23, 1992).
(C) P400,000 (Note: “E. None of the above’” is another answer because Ernie has no
(D) P150,000 share at all in the net estate).
(E) None of the above.
(4) How much is Felix's share in the net estate? (1%)
SUGGESTED ANSWER: (A) P400,000.
(E) None of the above. If all the brothers/sisters are disqualified to inherit, (B) P150,000.
the nephews/nieces inherit per capita, and not by right of representation (C) P300,000.
(Art 975, Civil Code) (D) P0.
(E) None of the above.
(2) How much is Dante's share in the net estate? (1%)
(A) P150,000. SUGGESTED ANSWER:
(B) P200,000. (D) 0. Or (E) None of the above. In the collateral line, representation is
(C) P300,000. granted only to children of brother or sisters, Felix is a grandson of a
(D) P400,000. predeceased brother. (Note: “E. None of the above: is another answer
(E) None of the above.
because Felix has no share at all in the net estate)
Notarial will
A executed a 5-page notarial will before a notary public and three
witnesses. All of them signed each and every page of the will.
One of the witnesses was B, the father of one of the legatees to the will.
What is the effect of B being a witness to the will? (1%)
(A) (1). The will is invalidated
(B) (2). The will is valid and effective
(C) (3). The legacy given to B’s child is not valid
SUGGESTED ANSWER:
No. 3. The legacy given to B's child is not valid.
The validity of the will is not affected by the legacy in favor of the son of an
attesting witness to the will. However, the said legacy is void under Article
823 NCC.