1.

A. No, the claim of both sets of parents are invalid. Under the law on succession, the legal spouse,
survived concurrently by his parent, acquires the other half of the other spouse’s inheritance.

Here, Mrs. Cruz survived Mr. Cruz together with the latter’s parents. The property is worth 1M, 50% of
which shall be given exclusively to the surviving spouse, Mrs. Cruz, as her conjugal share in the
liquidation of the spouse’s property. The other half (P500k) shall be considered as part of the estate of
Mr. Cruz by which, applying the law on succession, shall be given the half of it (P250k) to Mrs. Cruz as
her inheritance and the other half to the parents. Therefore, P250k shall be given to Mr Cruz’s parents,
while P750k shall be devoted to Mrs. Cruz’s parents.

B. My answer would be different had Mr and Mrs Cruz are found dead and none can identify who died
ahead first.

Under the Rules on Survivorship, between the two deceased, both within the bracket age of 15-60 years
old, the male shall be considered to have survived longer than that of the female.

Here, applying by analogy, that Mr. and Mrs. Cruz are both of the same age, male is preferred to have
survived longer. Therefore, Mr. Cruz shall acquire the other half of the property in the liquidation plus
the 50% inheritance share in the estate of the deceased Mrs. Cruz. Accordingly, P750k shall be given to
Mr Cruz’s parents, while P250k shall be devoted to Mrs. Cruz’s parents.
2.

Yes, her action will prosper.

Under the Rules on Survivorship, between the deceased of which age is under 15 and the other is above
60, the former is presumed to have survived.

Therefore, the two children of Cristy survived longer than the mother-in-law, which obviously creates a
succession from the mother-in-law down to the grandchildren, Rose and Patrick, as representation of
their late father’s hereditary rights. Applying the law on succession, Cristy has the right over the
properties of her children and even at their eventual death.

3.

It is the parents of the widow who has the better right over the estate.

Under the law on succession, the illegitimate child shall acquire all the property left by his/her deceased
parent. In another instance, the parent shall acquire all the property of his/her child absent any other
compulsory heir.
Here, Mr. Luna left an estate worth 10M which was transferred to the Child according to the law on
succession. The latter’s death eventually transferred its entirety to the widow under the same law. And,
the widow’s death caused the transfer of the said estate to the widow’s parents.

3.

A. No, the contemplated criminal action is not a viable option to bring before the court.

Under the Rules on Criminal Procedure, the crime of adultery is a personal crime which can only be
brought before the court by the victim spouse as the only person with legal standing to raise and cause
criminal action.

Here, Dario is already dead. None, neither surviving relatives can then bring the matter before the court
since they have no legal standing. Therefore, the filing of criminal action is no longer a feasible action.
B. Yes, a civil action to impugn the paternity of the baby boy is feasible.

As a general rule, only the father can impugn paternity or his blood relationship to the child born out of
their marriage, however, the provisions of filiation under the Family Code provides that relatives can
question or impugn the relationship or filiation of the child if the involved father has already died and it
involves succession.

Here, Dario is already dead, and a succession will eventually evolve which gives rise to the right of the
relatives to immediately impugn the paternal relationship and/or filiation of the baby boy to the Dario.

1.

Yes, she and her husband can claim damages from the bus company for the death of their unborn child.
 The Supreme Court held that parents can claim damages for all the medical expenses including
the mental anguish that they have suffered from the accident leading to the death of their unborn child.

Therefore, a pregnant woman passenger of a bus who suffered an abortion following a vehicular
accident due to the gross negligence of the bus driver can claim damages.

2.

a. No, Marian’s baby cannot be the beneficiary of the insurance taken on the life of the mother.
Legal personality is acquired by birth, that such person is possessed with capacity to be subject of legal
relationship. Here, the baby in the facts was not even considered born, and thus, did not acquire legal
personality to acquire to be deemed beneficiary of an insurance claim.

b. Principle on the Rules on Survivorship dictates that the deceased who is in the advance age is
presumed to have survive than that of below 15 such as the unborn child in the facts.

c. No. Pietro cannot be entitled to claim proceeds of the life insurance on the life of marian since
the succession did not actually pass on to the baby. There is no reason, therefore, that it shall transfer to
Pietro.