Professional Documents
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Wills and Succession Compilation Bar Qs
Wills and Succession Compilation Bar Qs
Court of
Succession; acceptance, repudiation, collation Appeals, 182 SCRA 427).
1977 No. XIII-a
Distinguish acceptance and repudiation of inheritance Succession; barrier between illegitimate and
from collation. legitimate relatives 1993 No. 2;
A is the acknowledged natural child of B who died
Answer when A was already 22 years old. When B's full blood
Acceptance is the act of an heir, legatee or devisee in brother, C, died he (C) was survived by his widow and
manifesting his desire in accordance with the four children of his other brother. D. Claiming that
formalities prescribed by law to succeed to the he is entitled to inherit from his father's brother. C, A
inheritance, legacy or devise, while repudiation is the brought suit to obtain his share in the estate of C. Will
act of an heir, legatee or devisee in manifesting his his action prosper?
desire in accordance with the formalities prescribed
by law not to succeed to such inheritance, legacy or Answer:
devise. No, the action of A will not prosper. On the
premise that B, C and D are legitimate brothers, as an
Collation, on the other hand, refers to the act of illegitimate child of B, A cannot inherit in intestacy from
restoring to the common mass of the hereditary C who is a legitimate brother of B. Only the wife
estate, either actually or fictitiously, any property or of C in her own right and the legitimate relatives of
right, which a compulsory heir, who succeeds with C (i.e. the children of D as C's legitimate nephews
other compulsory heirs, may have received by way inheriting as collateral relatives) can inherit in
of donation or any other gratuitous title from the intestacy. (Arts. 992, 1001, 1OO5 and 975, Civil Code)
decedent during the lifetime of the latter, but which is
understood for legal purposes as an advance of his Alternative Answer:
legitime. The action of A will not prosper. Being an illegitimate, he
(NOTE: The above answer may be stated substantially). is barred by Article 992 of the Civil Code from inheriting
ab intestato from the legitimate relatives of his father.
Succession; barrier between illegitimate and
legitimate relatives 1984 No. 9 Succession; barrier between legitimate and
A had two sons, one legitimate (B) and the other illegitimate relatives 1983 No. 9
illegitimate (C), who both died in a car accident. At A, a spurious child, died intestate survived by B, the
the time of the accident, B was not married but brother of his deceased mother, and C, his mother's
had an illegitimate son, D. C also had an legitimate granddaughter. May B and C inherit from A?
illegitimate son, E. Upon learning of the death of his Reasons.
sons, A suffered a heart attack and died. Can D and E
inherit from A? Explain Answer
B cannot because uncles have no right to inherit
Answer: from their illegitimate nephews. C cannot succeed
A. Furnished by Office of Justice Palma, either because legitimate relatives have no right to
D, cannot inherit. The illegitimate child cannot inherit from an illegitimate child and vice versa.
inherit from the legitimate
relatives of his father or mother, {Art. 992). Succession; capacity to inherit; conditional devise
E can inherit. The rights of illegitimate children are 1980 No. VII
transmitted upon their (a) In his will, Reverend Father "R' devised a parcel of
death to their descendants, legitimate or illegitimate. (Art riceland in favor of "his nearest male relative who
990). would study for the priesthood." The Will was duly
probated. No nephew of the testator claimed the devise
Succession; barrier between illegitimate and and the testate proceeding remained pending. In the
legitimate relatives 1996 No. 11: interim, the riceland was to be administered by the
Parish Priest of the locality pursuant to a project of
Cristina. the illegitimate daughter of Jose and Maria, partition approved by the Probate Court. Twenty-one
died Intestate, without any descendant or ascendant. years after the testator's death, the Parish Priest
Her valuable estate is being claimed by Ana, the filed a petition before the Court for delivery of the rice
legitimate daughter of Jose, and Eduardo, the legitimate land to the Church as trustee. The legal heirs of Father
son of Maria. "R" objected and prayed instead that the bequest be
Is either, both, or neither of them entitled to inherit? declared inoperative and that they be adjudged entitled
Explain. to the rice land. It also turned out that the testator had a
grandnephew (a grandson of his first cousin) who was
Answer; taking the holy orders
Neither Ana nor Eduardo is entitled to inherit of ab in a Seminary. Would you construe the testamentary
intestato from Cristina. Both are legitimate relatives provision liberally so as to render the trust operative
of Cristina's illegitimate parents and therefore they and to prevent intestacy, or would you declare the
fall under the prohibition prescribed by Art. 992, NCC bequest inoperative and the legal heirs entitled to the
riceland?
but a trustee of their father. Will the action against
Joaquina Roxas prosper?
Answer Answer:
Yes, because there is a presumed donation in favor
(a) It depends. If the Seminarian, who is presently of Joaquina under Art. 1448 of the Civil Code (De los
studying for the priesthood, was born before the Santos v. Reyes, 27 January 1992, 206 SCRA 437).
death of Father "R", it is submitted that the testamentary However, the donation should be collated to the
provision should be liberally construed so as to prevent hereditary estate and the legitime of the other heirs
intestacy. The land should be delivered to the should be preserved.
Parish Priest as trustee or administrator. The reason is
obvious. There is always the possibility that the Alternative Answer;
seminarian might not become a priest. True, Father Yes, the action against Joaquina Roxas will prosper, but
"K" devised the land to his nearest nephew male only to the extent of the aliquot hereditary rights of
relative who would study for the priesthood. the legitimate children as heirs. Joaquina will be
entitled to retain her own share as an illegitimate
Apparently, the condition has already been fulfilled. It is child, (Arts. 1440 and 1453. Civil Code; Art. 176, F. C.)
however, submitted that the testatorial intention is clear.
The devisee must not only study for the priesthood; he Succession; collation 1978 No. VII-a
must become a priest. Once he becomes a priest, the Are the following subject to collation? Explain fully your
land should then be delivered to him. answers.
If the seminarian was born after the death of Father "R", 1. Gifts bestowed by the deceased father during his
bequest is certainly inoperative and the legal heirs of the lifetime for the debts of a son,
testator shall, therefore, be entitled to the rice-land. In 2. Money paid by the deceased parent during his
other -words, the land shall be merged in the mass of lifetime for the debts of a son.
the hereditary estate, and from there, it shall pass to
the legal heirs in accordance with the rules of Answer
intestacy (Art. 956, Civil Code). The reason is clear. 1. Gifts bestowed by the deceased father during his
The seminarian cannot inherit lifetime to the spouse of his son should not be subject to
from Father "R", Under our law, in order to be collation. This means that the law will not consider such
capacitated to inherit, the heir, legatee gifts as advances made by the decedent of the
or devisee must be living at the moment the legitime of his son, and therefore, chargeable against
succession opens, except in case of such legitime during the partition of the hereditary
representation when it is proper. (Art. 1025, Civil Code). estate. Instead, the law considers such gifts as ordinary
donations inter vivos made to a stranger, and
(NOTE: The above problem is obviously a therefore, chargeable against the disposable free
modification of the problem resolved in Parish Priest portion of the estate. It would be different if the gifts
of Victoria vs. Rigor, 89 SCRA 493. Because of the are bestowed to the spouses jointly. In such case, one-
fact that only one out of several conditions imposed by half (1/2) of the value of such gifts would then be
the testator was retained by the Honorable Bar charged against the legitime of the son and the other
Examiner in the above hypothetical problem, the one-half (1/2) against the disposable free portion.
Committee
respectfully prays that either one of the above 2. Money paid by the deceased parent during his
assumptions should be considered as a correct answer. lifetime for the debts of a son should be brought to
The Committee further prays that if a bar candidate collation. In reality, what we have here is a donation inter
assumes that the seminarian was born before the vivos made to a compulsory heir. From the point of
death of Father "R" and then advances the opinion view of the law, the money is considered as an
that the land should be delivered to him because the advance of the legitime. Consequently, in the
condition has already been fulfilled, such an answer portion of the hereditary estate, the amount should be
should be considered as a correct answer.) charged against the legitime of the son.
Succession; collation 1993 No. 17; (NOTE: The above answers are based on Arts. 1066
Joaquin Reyes bought from Julio Cruz a residential lot of and 1069 of the Civil
300 square meters in Quezon City for which Joaquin Code and on the view sustained by practically all
paid Julio the amount of P300,000.00, When the commentators on the real meaning
deed was about to be prepared Joaquin told Julio of collation under Arts. 1061, et seq., of the Civil Code.)
that it be drawn in the name of Joaquina Roxas. his
acknowledged natural child. Thus, the deed was so Succession; disinheritance 1999 No VIII,
prepared and executed by Julio. Joaquina then built (a.) Mr. Palma, widower, has three daughters D, D-l and
a house on the lot where she, her husband and D-3. He executes a Will disinheriting D because she
children resided. Upon Joaquin's death, his legitimate married a man he did not like, and instituting
children sought to recover possession and ownership daughters D-1 and D-2 as his heirs to his entire estate of
of the lot. claiming that Joaquina Roxas was P 1,000,000.00, Upon Mr, Palma's death, how should his
estate be divided? Explain. (5%)
The total omission of Elvira Is not preterition because she
ANSWER: is not a compulsory heir in the direct line. She will
(a) This is a case of ineffective disinheritance receive only her legitime. The legacy in favor of Rosa
because marrying a man that the father did not is void under Article 1028 for being in consideration of
approve of is not a ground for disinheriting D. her adulterous relation with the testator. She is,
Therefore, the institution of D-l and D-2 shall be therefore, isqualified to receive the legacy. Ernie will
annulled insofar as it prejudices the legitime of D, and receive the legacy In his favor because it is not
the institution of D-l and D-2 shall only apply on the free inofficious. The institution of Baldo, which applies only
portion in the amount of P500,000.00. Therefore, D, D-l to the free portion, will be respected. In sum, the estate
and D-2 will get their legitimes of P500.000.00 of Lamberto shall be distributed as follows:
divided into three equal parts and D-l and D-2 will
get a reduced testamentary disposition of Heir Legitime Legacy Institution
P250,OOO.OO each. Hence, the shares will be: TOTAL
(paragraph form!)
D - P166,666.66 Baldo 500,000 200.000
D-l P166,666.66 + P25O.OOO.OO 700,000
D-2 P166,666.66 + P250,000.00 Elvira 250,000
250,000
Succession; disinheritance vs preterition Ernie 50,000 50,000
2000 No IV TOTAL 750,000 50,000 200,000
In his last will and testament, Lamberto 1) 1,000,000
disinherits his daughter Wilma because "she is
disrespectful towards me and raises her voice talking
to me", 2) omits entirely his spouse Elvira, 3) leaves
a legacy of P100,000.00 to his mistress Rosa and Succession; disinheritance vs preterition
P50,000.00 to his driver Ernie and 4) institutes his son 1993 No. 7:
Baldo as his sole heir. How will you distribute his estate Maria, to spite her husband Jorge, whom she suspected
of P1,000,000.00? (5%) was having an affair with another woman, executed a
will, unknown to him, bequeathing all the properties she
SUGGESTED ANSWER: inherited from her parents, to her sister Miguela.
The disinheritance of Wilma was ineffective because Upon her death, the will was presented for probate.
the ground relied upon by the testator does not Jorge opposed probate of the will on the ground that
constitute maltreatment under Article 919(6) of the New the will was executed by his wife without his
Civil Code. Hence, the testamentary provisions In the will knowledge, much less consent, and that it deprived
shall be annulled but only to the extent that her him of his legitime. After all, he had given her no cause
legitime was impaired. The total omission of Elvira for disinheritance, added Jorge in his opposition.
does not constitute preterition because she is not a How will you rule on Jorge's opposition to the
compulsory heir in the direct line. Only compulsory probate of Maria's will. If you were the Judge?
heirs in the direct line may be the subject of preterition.
Not having been preterited, she will be entitled only Answer;
to her legitime. The legacy in favor of Rosa is As Judge, I shall rule as follows: Jorge's opposition
void under Article 1028 for being in consideration of her should be sustained in part and denied in part.
adulterous relation with the Jorge's omission as spouse of Maria is not
testator. She is, therefore, disqualified to receive the preterition of a compulsory heir in the direct line.
legacy of 100,000 pesos. The legacy of 50,000 pesos in Hence, Art. 854 of the Civil Code does not apply, and the
favor of Ernie is not inofficious not having exceeded institution of Miguela as heir is valid, but only to the
the free portion. Hence, he shall be entitled to receive It. extent of the free portion of one-half. Jorge is still
The institution of Baldo, which applies only to the free entitled to one-half of the estate as his legitime. (Art.
portion, shall be respected. In sum, the estate of 1001, Civil Code)
Lamberto will be distributed as follows:
Succession; disinheritance, ineffective
Baldo----------------- 450,000 1982 No. 13
Wilma--------------- 250,000 "X’ s only living relatives are his brothers "A" and
Elvira----------------- 250,000 "B". "X" executed a will providing as follows: "I
Ernie----------------- 50,000 institute my brother "A" as my sole and universal heir;
and I am disinheriting my brother "B" because he
1,000,000 refused to support me when I had nothing." After
"X"' s demise, is "B" entitled to share in the
ALTERNATIVE ANSWER; inheritance on the ground that the disinheritance
The disinheritance of Wilma was effective because was ineffective because "X" had not proved that he
disrespect of, and raising of voice to, her father in fact refused to support the testator? Reason.
constitute maltreatment under Article 919(6) of the
New Civil Code. She is, therefore, not entitled to inherit Answer
anything. Her inheritance will go to the other legal heirs.
"B" is not entitled to share in the inheritance not disposable free portion, will be divided equally between
on the ground that the C and D, the two instituted heirs.
disinheritance was ineffective because "X" had not Consequently, the estate of P100,000.00 will be
proved that he in fact refused to support the testator. distributed as follows:
The reason is evident, "B" is not a compulsory heir. The B — P25,000 as compulsory heir; C—P25,000 as
law on disinheritance applied only to compulsory compulsory heir;
heirs, never to voluntary heirs or to legatees or P20,000 as voluntary heir; D—P20,000 as
devisees. Consequently, even assuming that indeed "X" voluntary heir; E— P10,000
had not proved that "B" refused to support him, such as legatee.
fact would not have only effect whatsoever. The act
of "X" in disinheriting "B" is clearly a surplusage. (Note:
The above answer is based on Arts, 915, et seq. of the Succession; disinheritance; compulsory heirs
Civil Code.) 1977 No. XII-c
Who are compulsory heirs? Give five (5) instances
Succession; disinheritance, ineffective which shall be sufficient causes for the disinheritance
1984 No, 10 of children and descendants, legitimate as well as
A had two legitimate children, namely, B and C. He made illegitimate.
a will, instituting G and a friend, D, as his heirs and giving
a P10,000 legacy to E, his former driver. He, however, Answer
expressly disinherited B without specifying the reason In general, compulsory heirs are those for whom the
therefore. Assuming that A's net estate is worth P100,000 law has reserved a portion of the testator's estate
upon his death, how will it be which is known as the legitime.
distributed? In particular, the following are compulsory heirs:
(1) Legitimate children and descendants, with
Answer. respect to their legitimate parents and ascendants;
A. Furnished by Office of Justice Palma
The disinheritance of B is invalid, because there is (2) In default of the foregoing, legitimate parents
no specification of the cause therefore. However, the and ascendants, with respect to their legitimate
institution of the heirs will only be partially annulled children and descendants;
insofar as it may prejudice his legitime (Art. 918). (3) The widow or widower;
The legacies and other testamentary dispositions (4) Acknowledged natural children and natural children
remain valid insofar as it will not impair his by legal fiction;
legitime. B therefore gets his legitime which is 1/4 (5) Other illegitimate children referred to in Art. 287.
of the estate, or P25,000.00. The legacy of P10,000
to E will be paid. The balance of the estate of Compulsory heirs mentioned in Nos. 3, 4, and 5 are not
P65,000 will, be divided equally between the instituted excluded by those in Nos, 1 and 2; neither do they
heirs, C and D. exclude one another. In all cases of illegitimate children,
their filiation must be duly proved.
B. Comments and Suggested Answer
We suggest that the following should be accepted as a The father or mother of illegitimate children of the
correct answer: classes mentioned shall
The disinheritance of B is defective or imperfect inherit from them in the manner and to the extent
because there is no established by the Civil Code. (Art.
specification of the cause in the will as required by 887, Civil Code).
law. However, the institution of
heirs will only be partially annulled insofar as it may The following shall be sufficient causes for the
prejudice his legitime (Art 918, disinheritance of children and descendants, legitimate as
Civil Code). Therefore B will still be entitled to his well as illegitimate:
legitime which is 1/2 of 1/2 of P100,000, or P25,000. (1) When a child or descendant has been found guilty of
The legacies, however, are valid so long as they are an attempt against the life of the testator, his or her
not inofficious (Ibid.) It is obvious that the legacy of spouse, descendants, or ascendants;
P10,000 given to E is not inofficious because it can (2) When a child or descendant has accused the
easily be contained in the free portion of P50,000. testator of a crime for
Therefore, E will be entitled to such legacy. Since A had which the law prescribes imprisonment for six years
instituted as heirs his child C and his friend D as heirs or more if the accusation has
without designation of shares, therefore, applying been found groundless;
the view of Manresa, which has been adopted by (3) When a child or descendant has been convicted
commentators in this country, Tolentino among them (6 of adultery or
Manresa 98-99; 3 Tolentino 161; Art. 846, Civil Code), the concubinage with the spouse of the testator;
legitime of C, which is 1/2 (4) When a child or descendant by fraud,
of 1/2 of P100,000 or P25,000, must first be separated violence, intimidation, or undue
and allotted to him because the testator cannot deprive influence causes the testator to make a will or to change
him of not. Then, the remainder of P40,000 which is the one already made;
(5) A refusal without justifiable cause to support the successional rights are transmitted at the very moment
parent or ascendant of the death of the decedent,
who disinherits such child or descendant; it is evident that "W" had a perfect right to donate her
(6) Maltreatment of the testator by word or deed, by share in her husband's estate
the child or descendant; to her friend "F". (Note: The above answer is based
(7) When a child or descendant leads a dishonorable or on Arts 777 and 751 of the Civil Code. The
disgraceful life; Committee recommends most respectfully that if the
(8) Conviction of a crime which carries with it the bar candidate arrives at the same conclusion by
penalty of civil interdiction. invoking the provisions of Art. 493 of the Civil Code, he
{Art. 919, Civil Code). or
she should be properly credited.)
Representation is a right created by fiction of law, Succession; testate succession; order of succession
by virtue of which the representative is raised to the and sharing 1983 No. 7
place and the degree of the person represented, and The deceased, A left a gross estate worth P360,000 and
acquires the rights which the latter would have if he were debts amounting to P60,000. He was survived by his
living or if he could have inherited (Art. 970, Civil Code). widow, three legitimate children, an acknowledged
The right of representation takes place in the direct natural child and an adulterous child. In his will, he
descending line, but never in the ascending. bequeathed P6,000 to a friend, leaving the remainder of
his estate to his widow and children, legitimate as
In the collateral line, it takes place only in favor of the well as illegitimate.
children of brothers or sisters, whether they be of the full Divide A's estate among the persons entitled
or half blood. (Art. 972, Civil Code). thereto. Give reasons for your division.
When children of one or more brothers or sisters of
the deceased survive, they shall inherit from the latter Answer
by representation, if they survive with their uncles or The net estate is worth P300,000.00 [P360.000.00
aunts. But if they alone survive, they shall inherit in (gross estate) --
equal portions. (Art, 975, Civil Code). P60,000.00 (debts)]
Each of the legitimate children will receive P50,000 as Answer:
legitime. A. Death as a fact is deemed to occur when it actually
The widow will receive the same amount as legitime. takes place. Death is presumed to take place in the
The legitime of the acknowledged natural child is circumstances under Arts. 390-391 of the Civil Code. The
1/2 of that of each time of death is presumed to be at the expiration
legitimate child or P25.000.00 of the 10-year period as prescribed by Article 390 and
The share of the spurious child is 4/5 of that of at the moment of disappearance under Article 391
the acknowledged natural
child or P20,000.00, B. Under Art. 84 of the Family Code amending
In addition, the legitimate children, the widow, the Art 130 of the Civil Code,
acknowledged natural contractual succession is no longer possible since
child, and the adulterous child will each receive the law now requires that
P8,166.66 2/3 as their share of the donations of future property be governed by the
remainder of the free portion, after deducting therefrom provisions on the testamentary
the legitimes of the surviving succession and formalities of wills,
spouse, the illegitimate children and the legacy.
The legatee, will get P6,000.00-Explanation: Alternative Answer:
Since the legitime of the legitimate children, which is 1/2 B. In the case of Coronado vs.CA(l91 SCRA81), it was
of the estate, cannot ruled that no property passes under a will without its
be impaired, only the free portion, the other half of A's being probated, but may under Article 1O58 of the
property, is available for the Civil Code of 1898, be sustained as a partition by an act
satisfaction of the shares of the other distributees. From inter vivos [Many-Oy vs. CA 144SCRA33).
that part must first be taken And in the case of Chavez vs, IAC 1191 SCRA211),
the legitimes of the surviving spouse and of the it was ruled that while
illegitimate children which total P95,- the law prohibits contracts upon future inheritance,
000,00. To the remainder of the free portion, or P55,000 the partition by the parent, as
is likewise chargeable the legacy. The remainder of the provided in Art. 1080. is a case expressly authorized
free portion will then be P49,000.00 which shall be by law. A person has two
divided equally among the children, legitimate as well as options in making a partition of his estate: either by an
illegitimate and the widow, it having been left to them act inter vivos or by will. If the
without any designation of the shares, partition is by will, it is imperative that such partition
must be executed in accordance
Succession; transmission of rights to succession 1983 with the provisions of the law on wills; if by an act
No. 8 inter vivos, such partition may
On A's death last year, his nearest of kin were a even be oral or written, and need not be in the form of a
legitimate daughter born in 1945 and a spurious son will, provided the legitime is
born and recognized by A in 1949. May the daughter not prejudiced, "Where several sisters execute deeds of
oppose her brother's claim to their father's estate sale over their 1 /6 undivided share
on the ground that it would impair her right under the of the paraphernal property of their mother, in favor
old Civil Code to succeed him to the exclusion of of another sister, with their
spurious children? Why? mother not only giving her authority thereto but even
signing said deeds, there is a
Answer valid partition inter vivos between the mother and
No. The rights to the succession are transmitted only her children which cannot be
from the moment of the death of the decedent. Since A revoked by the mother. Said deeds of sale are not
died last year when the old Civil Code was no longer in contracts entered into with
force, she did not acquire the right granted by it to respect to future inheritance. "It would be unjust for the
exclude her brother from A's inheritance. Her right mother to revoke the sales to a son and to execute a
thereto is governed by the new Civil Code, the statute in simulated sale in favor of a daughter who already
force at the time of the opening of the succession benefited by the partition."
of A, under which spurious children inherit together
with legitimate descendants. Answer:
C. Yes, under Arts. 51 and 52 of the New Family
Succession; when death takes place; pesumptive Code. In case of legal
legitime 1991 No 6: separation, annulment of marriage, declaration of
(a) For purposes of succession, when is death nullity of marriage and the
deemed to occur or take place? automatic termination of a subsequent marriage by the
(b) May succession be conferred by contracts or acts reappearance of the absent
inter vivos? Illustrate. spouse, the common or community property of the
(c) Is there any law which allows the delivery to spouses shall be dissolved and
compulsory heirs of their liquidated.
presumptive legitimes during the lifetime of their Art, 51. In said partition, the value of the presumptive
parents? If so, in what instances? legitimes of all common
children, computed as of the date of the final clause. It is for this reason that Article 805 of the Civil
judgment of the trial court, shall be Code requires the attestation clause to state these facts
delivered in cash, property or sound securities,
unless the parties, by mutual
agreement, judicially approved, had already provided for Succession; wills; formalities 1986 No. 14:
such matters. Busalsal executed a will in his handwriting, signed by him
at the end of each page on the left marginal space of
The children of their guardian, or the trustee of their every page except the last page. The document bore no
property, may ask for the enforcement of the judgment. date. However, below Busalsal's every signature, were
The delivery of the presumptive legitimes herein the signatures of two witnesses, who later testified that
prescribed shall In no way the will was executed in their presence on January 1,
prejudice the ultimate successional rights of the children 1985, New Year's Day, and that Busalsal was in full
accruing upon the death of either or both of the parents; possession of his faculties at
but the value of the properties already received under that time and even explained to them details of the will
the decree of annulment or absolute nullity shall be he was writing down. Is the will formally valid? Explain.
considered as advances on their legitime.
Answer:
Art. 52. The judgment of annulment or of absolute nullity The will is not valid either as a notarial will or a
of the marriage, the partition and distribution of the holographic will. It is not valid as a notarial will
properties of the spouses, and the delivery of the because this requires 3 attesting witnesses. Neither
children's presumptive legitimes shall be recorded in is it a valid holographic will because the will must
the appropriate civil registry and registries of property; be entirely written, dated and signed in the
otherwise, the same shall not affect third persons. handwriting of the testator. The fact that the
Succession; wills 1989 No. 10: witnesses testified as the date of execution did not
(1) What are the characteristics of a will? cure the defect.
Answer:
A will is — Answer - The will is not formally valid. Whether we
1. Personal consider the will in the instant problem as a notarial
2. Unilateral will or as a holographic will, it cannot be considered as a
3. Formal or Solemn valid will. If we consider it as a notarial will, it is not be
4. Ambulatory or revocable valid because there are only two instrumental
5. Individual, not joint 6. Free and voluntary 7. Mortis witnesses. Under the law on notarial or ordinary
causa wills, the will should have been subscribed to and
attested by three or more credible witnesses.
Succession; wills; codicil 1977 No. XII-b Therefore, it is void. If we consider it as a
What is a codicil and how shall it be executed in holographic will, it is not also valid because it is not
order that it may be effective? dated. Under the law on holographic wills, the will
should have been entirely written, dated and signed
A codicil is a supplement or addition to a will, by the hand of the testator himself. Therefore, it is
made after the execution of a void.
will and annexed to be taken as a part thereof, by which (Note: The above answer is based upon Arts. 805 and
any disposition made in the 810 of the Civil Code and upon decided cases.)
original will is explained, added to, or altered (Art. 825,
Civil Code). The formalities Answer - The C.C. provides that a holographic will
which are required in the execution of a codicil are the must be entirely in the
same as those required in the handwriting of the testator, signed and dated by
execution of a will (Art. 826, Civil Code). him. It need not be witnessed.
Succession; wills; formalities 1975 No. XII Hence lacking the date, it cannot be allowed to
probate. The law does not allow
The attestation clause of the will omits to state that extrinsic evidence to supply the omission.
testator signed in the presence of the witnesses and
that the latter signed in the presence of the testator and Succession; wills; formalities 1990 No 11;
of one another. (1) If a will is executed by a testator who is a Filipino
citizen, what law will govern if the will is executed in
May evidence aliunde be admitted to prove these facts the Philippines? What law will govern if the will is
to allow the probate of the will? Explain. executed in another country? Explain your answers.
Heirs; Fideicommissary Substitution (A). Who are Peter’s legal heirs and how will
(2008) his estate be divided among them? (5%)
No. XIII. Raymond, single, named his sister
Ruffa in his will as a devisee of a parcel of SUGGESTED ANSWER:
land which he owned. The will imposed The legal heirs of Peter are his children
upon Ruffa the obligation of preseving the by the first and second marriages and
land and transferring it, upon her death, to his surviving second wife. Their shares in the estate of
her illegitimate daughter Scarlet who was Peter will depend, however, on the cause of the nullity of
then only one year old. Raymond later died, the first marriage. If the
leaving behind his widowed mother, Ruffa nullity of the first marriage was psychological incapacity
and Scarlet. of one or both spouses, the three children of that void
marriage are legitimate and all of the legal heirs shall
(A). Is the condition imposed upon Ruffa, to share the estate of Peter in equal shares. If the judgment
preserve the property and to transmit it of
upon her death to Scarlet, valid? (1%) nullity was for other causes, the three
SUGGESTED ANSWER: children are illegitimate and the estate
Yes, the condition imposed upon Ruffa shall be distributed such that an illegitimate child of the
to preserve the property and to transmit first marriage shall receive half of the share of a
it upon her death to Scarlet is valid because it is legitimate child of the second marriage, and the second
tantamount to fideicommissary substitution under Art. wife will inherit a share
863 of the Civil Code. equal to that of a legitimate child. In no
case may the two legitimate children of
(B). If Scarlet predeceases Ruffa, who inherits the the second marriage receive a share less
property? (2%) than one-half of the estate which is their
legitime. When the estate is not sufficient to pay all the
SUGGESTED ANSWER: legitimes of the compulsory heirs, the legitime of the
Ruffa will inherit the property as spouse is preferred and the illegitimate children suffer
Scarlet's heir. Scarlet acquires a right to the reduction.
the succession from the time of
Raymond's death, even though she Computation:
should predecease Ruffa (Art. 866, Civil (A) If the ground of nullity is
Code). psychological incapacity:
3 children by first marriage
(C). If Ruffa predeceases Raymond, can 1/6 of the estate for each
Scarlet inherit the property directly from 2 children by second marriage
Raymond? (2%) 1/6 of the estate for each
Surviving second spouse
SUGGESTED ANSWER: 1/6 of the estate
If Ruffa predeceases Raymond,
Raymond's widowed mother will be (B) If the ground of nullity is not
entitled to the inheritance. Scarlet, an psychological capacity:
illegitimate child, cannot inherit the 2 legitimate children
property by intestate succession from ¼ of the estate for
Raymond who is a legitimate relative of each of second marriage
Ruffa (Art. 992, Civil Code). Moreover, Surviving second spouse
Scarlet is not a compulsory heir of ¼ of the estate
Raymond, hence she can inherit only by 3 illegitimatechildren
testamentary succession. Since 1/12 of estate for
Raymond executed a will in the case at each of first marriage
bar, Scarlet may inherit from Raymond. Note: The legitime of an illegitimate
child is supposed to be ½ the legitime of
Heirs; Intestate Succession; Legitime; a legitimate child or 1/8 of the estate.
Computation (2010) But the estate will not be sufficient to
No.XI. The spouses Peter and Paula had pay the said legitime of the 3 illegitimate children,
three (3) children. Paula later obtained a because only ¼ of the estate is left after paying the
judgment of nullity of marriage. Their legitime of the surviving spouse which is
absolute community of property having preferred. Hence, the remaining ¼ of the estate
shall be divided among the 3 illegitimate reservatarios and what shares they will take, i.e., the
children. direct line excludes the collateral, the
descending direct line excludes the ascending ,the nearer
(B). What is the effect of the receipt by excludes the more remote, the nephews and nieces
Peter’s 3 children by his first marriage of exclude the uncles and the aunts, and half blood
their presumptive legitimes on their right to relatives inherit half the share of full-blooded relatives.
inherit following Peter’s death? (5%)
Intestate Succession (2008)
SUGGESTED ANSWER: No. VII. Ramon Mayaman died intestate,
In the distribution of Peter’s estate, ½ of leaving a net estate of P10,000,000.00.
the presumptive received by the 3 children of the first Determine how much each heir will receive
marriage shall be collated to Peter’s estate and shall be from the estate:
imputed as an advance of their respective inheritance
from Peter. Only (A). If Ramon is survived by his wife, three
half of the presumptive legitime is collated to the estate full-blood brothers, two half-brothers, and
of Peter because the other half shall be collated to the one nephew (the son of a deceased fullblood
estate of his first wife. brother)? Explain. (3%)
SUGGESTED ANSWER:
Heirs; Representation; Iron-Curtain Rule(2012) Having died intestate, the estate of Ramon shall be
No.VIII. inherited by his wife and his full and half blood siblings
or their respective representatives. In intestacy, if the
a) Ricky and Arlene are married. They begot Franco wife concurs with no one but the siblings of the
during their marriage. Franco had an illicit relationship husband, all of them are
with Audrey and out of which, they begot Arnel. Frnaco the intestate heirs of the deceased husband. The wife will
predeceased Ricky, Arlene and Arnel. Before Ricky died, receive half of the intestate estate, while the siblings or
he executed a will which when submitted to probate was their respective representatives, will inherit the other half
opposed by Arnel on the ground that he to be divided among them equally. If some siblings are
should be given the share of his father, of the full-blood and the other of the half blood, a half
Franco. Is the opposition of Arnel correct? blood sibling will receive half the share of a full-blood
Why? (5%) sibling.
It is to be noted, however, that the Barrier between illegitimate & legitimate relatives
thumb mark intended by the testator to (1993)
be his signature in executing his last will A is the acknowledged natural child of B who died when
and testament is valid (Payad v.Tolentino, 62 Phil 848, A was already 22 years old. When B's full blood brother,
1936; Matias v. Salud, L-104 Phil 1046, 23 June, 1958). C, died he (C) was survived by his widow and four
children of his other brother D. Claiming that he is
The problem, however, states that Clara entitled to inherit from his father's brother C. A brought
"said that she can sign her full name later;" Hence, she suit to obtain his
did not consider her thumb mark as her "complete" share in the estate of C. Will his action prosper?
signature, and intended further action on her part. The
testatrix and the other witness signed the will in the SUGGESTED ANSWER:
presence of Hannah, because she was aware of her No, the action of A will not prosper. On the premise that
function and role as witness and was in a position to see B,C and D are legitimate brothers, as an illegitimate child
the testatrix and the other witnesses sign by merely of B, A cannot inherit in intestacy from C who is a
casting her eyes in the proper direction.
legitimate brother of B. Only the wife of C in her own In his last will and testament, Lamberto 1) disinherits his
right and the daughter Wilma because "she is disrespectful towards
legitimate relatives of C (i.e. the children of D as C's How me and raises her voice talking to me", 2) omits entirely
will you rule on Jorge's opposition to the probate of his spouse
legitimate nephews inheriting as collateral relatives) can Elvira, 3) leaves a legacy of P100,000.00 to his mistress
inherit in intestacy. (Arts. 992, 1001, 1OO5 and 975, Civil Rosa and P50,000.00 to his driver Ernie and 4) institutes
Code) his son Baldo as his sole heir. How will you distribute his
estate of
ALTERNATIVE ANSWER: P1,000,000.00? (5%)
The action of A will not prosper. Being an illegitimate, he SUGGESTED ANSWER:
is barred by Article 992 of the Civil Code from inheriting The disinheritance of Wilma was ineffective because the
ab intestato from the legitimate relatives of his father. ground relied upon by the testator does not constitute
Barrier between illegitimate & legitimate relatives maltreatment under Article 919(6) of the New Civil Code.
(1996)
Cristina the illegitimate daughter of Jose and Maria, died Hence, the testamentary provisions in the will shall be
intestate, without any descendant or ascendant. Her annulled but only to the extent that her legitime was
valuable estate is being claimed by Ana, the legitimate impaired. The total omission of Elvira does not constitute
daughter of Jose, and Eduardo, the legitimate son of preterition because she is not a compulsory heir in the
Maria. Is either, direct line. Only compulsory heirs in the direct line may
both, or neither of them entitled to inherit? Explain. be the subject of preterition. Not having been preterited,
SUGGESTED ANSWER: she will be entitled only to her legitime.
Neither Ana nor Eduardo is entitled to inherit of ab
intestate from Cristina. Both are legitimate relatives of The legacy in favor of Rosa is void under Article 1028 for
Cristina's illegitimate parents and therefore they fall being in consideration of her adulterous relation with the
under the prohibition prescribed by Art. 992, NCC ( testator. She is, therefore, disqualified to receive the
legacy of 100,000 pesos. The legacy of 50,000 pesos in
Collation (1993) favor of Ernie is not inofficious not having exceeded the
Joaquin Reyes bought from Julio Cruz a residential lot of free portion. Hence, he shall be entitled to receive it.The
300 institution of Baldo, which applies only to the free
square meters in Quezon City for which Joaquin paid portion, shall be respected. In sum, the estate of
Julio the Lamberto
amount of P300,000.00, When the deed was about to be will be distributed as follows:
prepared Joaquin told Julio that it be drawn in the name Baldo-----------------450,000
of Wilma---------------250,000
Joaquina Roxas, his acknowledged natural child. Thus, Elvira-----------------250,000
the Ernie-----------------50,000
deed was so prepared and executed by Julio. Joaquina 1,000,000
then ALTERNATIVE ANSWER:
built a house on the lot where she, her husband and The disinheritance of Wilma was effective because
children resided. Upon Joaquin's death, his legitimate disrespect of,
children sought to recover possession and ownership of and raising of voice to, her father constitute
the lot, claiming that Joaquina Roxas was but a trustee of maltreatment under Article 919(6) of the New Civil Code.
their father. Will the She is, therefore, not entitled to
action against Joaquina Roxas prosper? inherit anything. Her inheritance will go to the other
legal heirs. The total omission of Elvira is not preterition
SUGGESTED ANSWER: because she is not a compulsory heir in the direct line.
Yes, because there is a presumed donation in favor of She will receive only her legitime. The legacy in favor of
Joaquina under Art. 1448 of the Civil Code (De los Rosa is void under Article with the testator. She is,
Santos v. Reyes, 27 January 1992, 206 SCRA 437). therefore, disqualified to receive the legacy. Ernie will
However, the donation should be collated to the receive the legacy in his favor because it is not
hereditary estate and the legitime of the other heirs inofficious. The institution of Baldo, which applies only to
should be preserved. the free portion, will be respected. In sum, the estate of
Lamberto shall be distributed as follows:
ALTERNATIVE ANSWER: Heir Legitime Legacy Institution TOTAL
Yes, the action against Joaquina Roxas will prosper, but Baldo 500,000 200.000 700,000 Elvira 250,000 250,000
only Ernie
to the extent of the aliquot hereditary rights of the 50,000 50,000 TOTAL 750,000 50,000 200,000 1,000,000
legitimate
children as heirs. Joaquina will be entitled to retain her Heirs; Intestate Heirs; Shares (2003)
own Luis was survived by two legitimate children, two
share as an illegitimate child, (Arts. 1440 and 1453. Civil illegitimate children, his parents, and two brothers. He
Code; Art. 176, F. C.) left an estate of P1 million. Luis died intestate. Who are
his intestate heirs, and
Disinheritance; Ineffective; Preterition (2000) how much is the share of each in his estate?
SUGGESTED ANSWER: all the above-named relatives are still living. Emil now
The intestate heirs are the two (2) legitimate children and comes to you for advice in making a will. How will you
the two (2) illegitimate children. In intestacy the estate of distribute his estate according to his wishes without
the decedent is divided among the legitimate and violating the law on
illegitimate children such that the share of each testamentary succession? (5%)
illegitimate child is one -half the share of each legitimate
child. SUGGESTED ANSWER:
Their share are : For each legitimate child – P600,000.00 — legitime to be divided equally between
P333,333.33 For each illegitimate child – Tom, Henry and Warlito as the legitimate children. Each
P166,666.66 will be entitled to P200,000.00. (Art. 888, Civil Code)
P100,000.00 --
Intestate Succession (1998) share of Ramon the illegitimate child. Equivalent to 1/2
Tessie died survived by her husband Mario, and two of the share of each legitimate child. (Art. 176, Family
nieces, Michelle and Jorelle, who are the legitimate Code) P200,000.00 — Adette the wife. Her share is
children of an elder sister who had predeceased her. The equivalent to the share of one legitimate child. (Art. 892,
only property she left behind was a house and lot worth par. 2, Civil Code)
two million pesos, which Tessie and her husband had Pepe and Pilar, the parents are only secondary
acquired with the use of Mario's savings from his income compulsory heirs and they cannot inherit if the primary
as a doctor. How much of the property or its value, if compulsory heirs (legitimate children) are alive. (Art. 887,
any, may Michelle and Jorelle par. 2, Civil Code) Brother Mark and sister Nanette are
claim as their hereditary shares? [5%] not compulsory heirs since they are not included in the
SUGGESTED ANSWER: enumeration under Article 887 of the Civil Code.
Article 1001 of the Civil Code provides, "Should brothers The remaining balance of P300,000.00 is the free portion
and sisters or their children survive with the widow or which can be given to the illegitimate child Ramon as an
widower, the latter shall be entitled to one-half of the instituted heir. (Art. 914, Civil Code) If so given by the
inheritance and the brothers and sisters or their children decedent, Ramon would receive a total of P400,000.00.
to the other half." Tessie's gross estate consists of a
house and lot acquired during her marriage, making it Preterition; Compulsory Heir (1999)
part of the community property. Thus, one-half of the (a) Mr, Cruz, widower, has three legitimate children, A, B
said property would have to property. The other half, and C. He executed a Will instituting as his heirs to his
amounting to one million pesos, is her estate of One Million (P1,000,000.00) Pesos his two
conjugal share (net estate), and should be distributed to children A and B, and his friend F. Upon his death, how
her intestate heirs. Applying the above provision of law, should Mr. Cruz's estate be divided? Explain. (3%)
Michelle and Jorelle, Tessie's nieces, are entitled to one-
half of her conjugal share worth one million pesos, or (b) In the preceding question, suppose Mr. Cruz
500,000 pesos, while the other one-half amounting to instituted his two children A and B as his heirs in his Will,
P500,000 will go to Mario, Tessie's surviving spouse. but gave a legacy of P 100,000.00 to his friend F. How
Michelle and Jorelle are then entitled to P250,000 pesos should the estate of Mr, Cruz be divided upon his death?
each as their hereditary share. Explain, (2%)
Under the law, the legitime of Alex, being a legitimate Under this doctrine, when a first will is revoked to
descendant, is ½ of Pedro’s estate, or connect with the making of the new will so as to fairly
P2.5 Million. The legitime of each of the illegitimate raise the inference that the testator meant the revocation
children is supposed to be ½ of the of the old will to depend upon the efficacy of the new
share of Alex, or P1.25 Million each. Considering, disposition, if for any reason the new will becomes
however, that the remaining portion of the estate is no inoperative, the old will shall remain in force and the
longer sufficient to cover the supposed legitimes of the prior revocation is deemed void.
three illegitimate children, they will simply share equally
in the remaining P2.5 Million. Consequently, there is no b. No, even if the instituted heirs in the second will
disposable free portion that Pedro may validly give to renounced their rights to the inheritance, it does not
Veneranda or to his parents. Hence, the will is have the effect of revocation of the will as would permit
intrinsically invalid. the application of the doctrine of dependent relative
revocation . The effect will just pave the way for intestate
BAR Questions 2018 succession and not the revival of the previously revoked
V. Sol Soldivino, widow, passed away, leaving two (2) will.
legitimate children: a 25- year old son, Santino (whom
she had not spoken to for five [5] years prior to her
death since he attempted to kill her at that time), and a
20-year-old daughter, Sara. She left an estate worth