CAMPOSANO, MAURICE MIKKELSSEN PHILIPPE D.

I. (8 points)

A. What is a codicil? (2 pts.)

Under the New Civil Code, a codicil is a supplement or addition to a will which is
made after the execution of a will and annexed to be taken as a part thereof, by
which any disposition made in the original will is explained, added to, or altered.

B. How may a will be revoked? (3 pts.)

Under Article 830 of the New Civil Code, a will may be revoked in the following
cases:

a. By implication of law; or
b. By some will, codicil, or other writing executed as provided in case of wills; or
c. By physical destruction such as burning, tearing, cancelling, or obliterating the
will with the intention of revoking it, by the testator himself, or by some other
person in his presence, and by his express direction.

C. What is the doctrine of dependent relative revocation? (3 pts.)

In the case of Molo vs. Molo, dependent relative revocation applies when the
testator cancels or destroys a will or executes an instrument intended to revoke a
will with a present intention to make a new testamentary disposition as a
substitute for the old, and the new disposition, if for any reason becomes
inoperative, the revocation fails and the original will will remain in full force.

II. (7 points)

A. May a will be valid even if it does not institute heirs? (2 pts.)

Yes. The will is still valid.

Under Article 841, when a will does not institute an heir, such will shall be valid.

Therefore, in such cases, the testamentary dispositions made in accordance with

law shall be complied with and the remainder of the estate shall pass to the legal
heirs.

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B. Mr. Tabemasu, without any compulsory heirs, executed a will and gave all his properties
to Ms. Kirei, a good friend. Is the will valid? (2 pts.)

Yes. Mr. Tabemasu’s will is valid.

Under Article 842, a person who has no compulsory heirs may still dispose all his
estate or any part of it by a will in favor of any person having capacity to succeed.

In this case, the will made by Mr. Tabemasu is valid even though he has no
compulsory heirs provided that Ms. Kirei has capacity to succeed.

C. Suppose that Mr. Tabemasu gave it to his beloved dog, Pikachu. Would your answer be
the same? (3 pts.)

No. Mr. Tabemasu’s will cannot be probated in court.

Under the law, only persons not incapacitated by law may succeed by will or ab
intestato.

In this case, a dog is incapacitated to succeed because it is not a person, neither

natural or juridical.

III. (5 points)

Arigato, Konnichiwa, and Konbanwa are the heirs of Sayonara who died on 29 September 2019.
On 30 September 2019, Arigato sold his share of the estate to Gozaimasu. Is the sale between
Arigato and Gozaimasu valid?

Yes. The sale between Arigato and Gozaimasu is valid.

Under Article 777, the rights to the succession are transmitted from the moment of
the death of the decedent.

In this case, there is no legal bar bar to the successor of disposing of his hereditary
share immediately after the death of the decedent even the actual extent of such
share is not yet determined.

IV. (10 points)

A. Nobita, a minor, executed a last will and testament. He died at the age of 29, after which,
his will was submitted to probate. If you were the probate judge, would you allow the will? (5
pts.)

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No. I will not allow the probate of the will.

Under Article 797, all persons of either sex under eighteen (18) years of age cannot
make a will.

In this case, Nobita has no testamentary capacity when he executed his last will
and testament because he is still a minor. His capacity to make a will is determined
at the time when he executed his will, not the age when he died.

B. At the time Doraemon executed his will, he was sane. One day, thereafter, he became
insane. What is the effect of Doraemon’s subsequent insanity? (5 pts.)

The will executed by Doraemon valid.

Under Article 800, if the testator, one month or less, before making his will was
publicly known to be insane, there is a presumption of insanity.

In this case, Doraemon became insane after he executed his will. Therefore, the
will is valid because he is of sound mind when he executed his will.

V. (10 points)

Miaka, drafted a will and asked Yui, Takiko, Suzuno, and Tamahome to be witnesses.

During the day of the signing of her will, Miaka encountered an accident where she broke both
of her arms. Coming from the hospital, Miaka insisted on signing her will by thumb mark and
said that she can sign later. While signing with her thumb mark, Yui experienced a tummy ache
and kept going to the restroom for long periods of time. Takiko, while waiting for her turn, was
reading her manga (comic books), on the couch beside the table where everyone else was
signing. Suzuno, although seated in front of the table, was daydreaming about her crush, Tatara.
On the other hand, Tamahome, who was trying to impress Miaka, also volunteered to notarize
the will aside from being a witness.

A week after, Miaka died after a deadly encounter with a vicious black dragon.

May the will of Miaka be admitted to probate taking into consideration the circumstances cited
above.

No. The will of Miaka cannot be probated in court.

Under Article 805, every will, other than a holographic will, must be attested and
subscribed by three (3) of more credible witnesses in the presence of the testator.
Furthermore, in the case of Neri vs. Mirando, it is sufficient that a witness was

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actually and physically present in such position that he could see everything that
took place by merely casting his eyes in the proper direction and without any
physical obstruction to prevent his doing so.

In this case, although there are four (4) witnesses, Yui is not present when Miaka
is signing the will. Furthermore, Tamahome cannot be considered as a witness to
the will because he is a notary public.

Therefore, the will made by Miaka is not valid because only two (2) witnesses
attested to her will.

VI. (10 points)

A. Meguro executed a holographic will dated Christmas Day 2020. Should the will be
admitted to probate? (2.5 pts.)

Yes. The will should be admitted to probate.

Under Article 810, a holographic will must be entirely written, dated, and signed
by the testator himself. Furthermore, in the case of Roxas vs. De Jesus, the
Supreme Court held that since the New Civil Code only requires that the will must
be dated, liberal construction of the holographic will should prevail.

In applying the abovementioned provisions to case at bar, there is no contingency

because Christmas Day 2020 is, and will likely to happen.

B. The holographic will of Sashimi has no date. However, somewhere in the contents of the
will, it was stated “Although the whole world is struggling with the wrath that the COVID-19
pandemic brought this year, I am still glad that I am alive today, as I turn 36 years old.” Is the
will valid? (2.5 pts.)

No. The will is not valid.

Under Article 800, a holographic will must be entirely written, dated, and signed
by the hand of the testator.

In this case, there is no specific date stated in the will because Sashimi only
expresses that he is alive and will turn 36 years old despite of the COVID-19
pandemic.

Therefore, the holographic will executed by Sashimi is not valid.

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C. In the holographic will of Takoyaki, there were erasures and changes which were not
dated and authenticated by the testator. If you were the probate court, would you admit the will
to probate? (2.5 pts.)

Yes. I will admit the will to probate.

Under Article 814, in case of any insertion, cancellation, erasure, or alteration in a

holographic will, the testator must authenticate the same by his full signature.

In this case, the erasures and changes made by Takoyaki in his will is simply
considered as not made and will not entirely invalidate the will as a whole.

D. Suppose that in the previous question, there is only one substantial provision in the will,
and it was erased or altered without any authentication, will your answer above be the same?
(2.5 pts.)

No. The will is not valid.

In the case of Roxas vs. Relova, when the holographic will had only one (1)
substantial provisions which was altered or erased, the effect must be that the
entire will is voided or revoked for the simple reason that nothing remains in the
will after that which could remain valid.

VII. (15 points)

A. What is the effect of the probate of a will? (2.5 pts.)

The effect if the probate if a will is usually considered as conclusive as to its due
execution and validity, and presupposes that the testator was of legal age and of
sound mind at the time he executed the will.

B. If a will has been probated, may a forgery case be filed against an instituted heir still
prosper? (2.5 pts.)

A forgery case will not prosper if a will has been probated.

In the case of Gallanosa vs Arcangel, the decree of probate is conclusive as to its

due execution.

In this case, the effect of a decree of probate is conclusive and considered as res
judicata because probate proceedings are also proceedings in rem and it is binding
upon the whole world.

C. What are the grounds for the disallowance of a will? (6 pts.)

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The following are the grounds for the disallowance of a will:

1. If the formalities required by law have not been complied with

2. If the testator was insane at the time of the execution of a will
3. If it was executed through force, duress, influence of fear, or threats
4. If it was procured by undue and improper pressure and influence on the part of
the beneficiary or of some other person
5. If the signature of the testator was procured by fraud
6. If the testator acted by mistake or did not intend that the instrument he signed
should be his will at the time of affixing his signature thereto

D. What are the issues to be resolved in the probate of a will? (6 pts.)

The issues to be resolved in the probate of the will are the following:

1. Whether or not the testator has the testamentary capacity to make a will
2. Whether or not the formal requirements in making a will has complied with

VIII. (6 points)

Ebi and Tempura, both Japanese Nationals, executed a joint will in the Tokyo, Japan. Under
Japanese laws, the will is valid.

A. Is the will also valid here in the Philippines? (3 pts.)

Yes. The will is valid in the Philippines.

Under Article 816, the will of an alien who is abroad produces effect in the
Philippines if made with the formalities prescribed by the law of the place in which
he resides.

In this case, since joint wills are valid under Japanese laws, the will is also
considered valid in the Philippines under the principle of lex loci celebrationis.

B. What if the will was executed in Quezon City, Philippines? (3 pts.)

It depends. If the joint will made by Ebi and Tempura is against public policy, the
will is not valid in the Philippines. However, since Japanese laws allows joint wills,
it shall have the same effect as if it is executed according to the laws of the
Philippines.

IX. (9 points)

Wagyu, a Filipino Citizen, is residing in Japan. He executed a last will and testament in
accordance with the formalities of Japanese Law.

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A. Suppose that the will was already probated in Japan and admitted there, is there a need
for the will to be probated again in the Philippines before it can be enforced here?

It depends. Under Article 815, a Filipino is authorized to make a will in any of the
forms established by the law of the country in which he resides. Such will may be
probated in the Philippines.

In this case, since the will made by Wagyu conforms to the Japanese laws, the will
should have the same effect in the Philippines.

B. Can Wagyu distribute his estate in accordance with Japanese Law, wherein his beloved
dog, Bubu San, is considered a compulsory heir?

No. Wagyu cannot distribute his estate in accordance with Japanese Law.

Under Article 16, intestate and testamentary succession, with respect to the order
of succession and to the amount of successional rights and to the intrinsic validity
of testamentary provisions, the national law of the person should be followed.

In this case, the laws of the Philippines should be followed as to the disposition of
testamentary provisions of the will executed by Wagyu.

X. (10 points)

Chiharu, to spite her husband Kyoichi, whom she suspected of having an affair, executed a will,
unknown to the latter, and bequeathing all her properties to her sister Aki. Upon her death, the
will was presented for probate. Kyoichi opposed the will on the ground that the will was
executed without his knowledge and consent, and that the will deprived him of his legtime.

A. If you were the probate judge, how will you rule on Kyoichi’s opposition? (5 pts.)

B. What are the effects of preterition? (5 pts.)

XI. (10 points)

Oishi objected to the will of Benkyou, his father, on the ground that he was not instituted as an
heir in his father’s will.

A. Is Oishi’s objection proper?

B. Suppose that Oishi is Benkyou’s illegitime child, would your answer be the same?

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 C. Suppose that Oishi is Benkyou’s adopted child, would your answer be the same?
D. Suppose that Oishi is Benkyou’s daughter-in-law, would your answer be the same?
E. Suppose that Oishi is Benkyou’s Illegitime sister, would your answer be the same?

BONUS!!! The more creative, the higher the bonus points! (10 points)

A. Do you believe in Santa Claus?

No. Because Santa Claus is imaginary and there is no proof that he exists.

B. What are the legal consequences of mommy kissing Santa underneath the mistletoe?

Dad would be mad and may result to disinheritance! Hehe

Merry Merry
Christmas!