A client came to you for advice.

You interviewed her and gathered the following information:

1. She is Elena Vista-Verde, sister and only sibling of the late Dr. Jose Vista.
2. Jose was married to Antonia but had no biological children. Antonia became pregnant
several times but suffered miscarriages in all instances.
3. In 2015, Jose and Antonia left for Europe to visit Jose’s friend, HM The King of Spain.
However, while on board the carrier Madrid Pacific, the plane crashed. There was no
survivor.
4. Jose was the owner of a 15-hectare property in Loon, Bohol. This is located next to Elena’s
own property of the same size. The properties were given by their parents. Since the death
of Jose and Antonia, Elena had been managing the properties.
5. It is unknown to Elena why the properties were registered in her name alone. She speculates
that the registration was rushed because her parents were previously facing estafa charges
although they were all dismissed. During that time, Jose was still in medical school in
Manila and could not immediately sign documents in Bohol.
6. On 10 December 2018, Elena sold her and Jose’s properties to Henry Tan, a friend of the
Vistas. Each property was worth P25 Million. Henry paid the P10 Million down payment
for each property, the remaining balance to be paid on 30 June 2019.
7. During his marriage, Jose had an affair with a neighbor, Tanya Solano, who bore a son
named Marcus. The affair continued until the birth of a daughter, Margaret.
8. Although hurt, Antonia accepted the situation. She became fond of Margaret due to her
doll-like features. When Margaret was 2 years old, Jose and Antonia legally adopted her.
9. Since the death of her parents, Margaret has been living with Elena. She is now 20 years old.
10. Recognizing that Jose’s children are entitled to a share in the proceeds of the sale, Elena
gave Margaret P8 Million from the down payment for Jose’s property. She also gave P2
Million to Marcus, now 25 years old.
11. Marcus learned that Henry is set to pay the balance of the purchase price. Finding the
sharing of the down payment to be unfair, Marcus’ lawyer sent Elena a demand letter dated
29 April 2019 stating that:

“Dear Ms. Vista-Verde:

I am writing as the counsel of Mr. Marcus Solano, heir of Dr. Jose Vista.

It appears that as the aunt of Mr. Solano and his biological sister, Ms.
Margaret Vista, you unequally distributed the down payment for their father’s
property. Ms. Vista received a lion’s share of P8 Million while Mr. Solano only
received a measly P2 Million.

Accordingly, I demand that upon the buyer’s payment of the balance of

the purchase price amounting to P15 Million, the entire proceeds of the sale be
equally distributed between Mr. Solano and Ms. Vista. Otherwise, I shall file the
appropriate case against you.

Yours truly,
Atty. Leonardo Banzon”

Citing both your factual and legal bases, prepare a legal opinion (in letter form) addressed to
Elena Vista-Verde (12 Arrow Street, Poblacion, Loon, Bohol) on the correctness or legality of the
demand of Atty. Banzon. Include in your legal opinion your suggested course/s of action.

You may browse the Internet. Use your real name in the signature part of your letter. Please
prepare your response on the next page, using this file. Thank you.
10 June 2019

Atty. Leonardo Banzon

12 Arrow Street,
Loon, Bohol

Dear Atty. Banzon:

Good Day.

I am writing on behalf of my client, Ms. ElenaVista-Verde.

In the letter dated 29 April 2019 that you have sent, you demanded from my client an
equal distribution of the proceeds of the sale between your client and Ms. Margaret
Vista. I regret to inform you that your demand has no basis both in fact and in law.

According to the Domestic Adoption Act of 1998 (R.A. No. 8552): “The adoptee shall be
considered the legitimate son/ daughter of the adopter(s) for all intents and purposes
and as such as is entitled to all the rights and obligations provided by law to legitimate
sons and daughters born to them without discrimination of any kind. Please be
informed that Ms. Margaret Vista is a legally adopted child of the late Dr. Jose Vista and
Antonia Vista. As the only legitimate child of the late Dr. Jose Vista and Antonia Vista,
Margaret’s legitime is one-half (1/2) of her parents estate in accordance with Art. 888 of
the Civil Code which provides that: “The legitime of legitimate children and
descendants consists of one-half (1/2) of the hereditary estate of the father and of the
mother. Meanwhile, the Civil Code also provides that: “The legitime of illegitimate
children and descendants shall consist of one-half (1/2) of the legitime of each of the
legitimate children and descendants.” It is clear based on the foregoing that your client,
Mr. Marcus Solano has no legal right to demand equal distribution of the proceeds of
the sale.

I suggest that you move for the settlement of the estate of the late Dr. Jose Vista in order
to determine your client’s rightful share.

Respectfully yours,

Atty. Paolo B. Gonzales