Study Guide No.

7 (Civil Law Review 1-Succession)

Read each question carefully and note the points allocated for each question. In your
answers, follow the sequence and the numbering system used in the Questionnaire. Answer each
numbered question on a separate page. An answer to a sub-question under the same number set
may be written continuously on the same page and succeeding pages until completed.

Your answers should demonstrate your ability to analyze the facts, apply the pertinent laws
and jurisprudence, and arrive at sound and logical conclusions. Always support your answers with
the pertinent laws, rules, and/or jurisprudence. A mere "yes" or "no" answer without any
corresponding explanation or discussion may not be given full credit.

1. (a) Mr, Cruz, widower, has three legitimate children, A, B and C. He executed a Will
instituting as his heirs to his estate of One Million (P1,000,000.00) Pesos his two children A
and B, and his friend F. Upon his death, how should Mr. Cruz’s estate be divided? Explain.

(b) In the preceding question, suppose Mr. Cruz instituted his two children A and B as
his heirs in his Will, but gave a legacy of P 100,000.00 to his friend F. How should the estate of
Mr, Cruz be divided upon his death? Explain.

2. a) For purposes of succession, when is death deemed to occur or take place?

b) May succession be conferred by contracts or acts inter vivos? Illustrate.

c) Is there any law which allows the delivery to compulsory heirs of their
presumptive legitimes during the lifetime of their parents? If so, in what instances?

3. H died leaving a last will and testament wherein it is stated that he was legally married to W by
whom he had two legitimate children A and B. H devised to his said forced heirs the entire estate
except the free portion which he gave to X who was living with him at the time of his death.

In said will he explained that he had been estranged from his wife W for more than 20 years and
he has been living with X as man and wife since his separation from his legitimate family.

In the probate proceedings, X asked for the issuance of letters testamentary in accordance with the
will wherein she is named sole executor. This was opposed by W and her children.

(a) Should the will be admitted in said probate proceedings?

(b) Is the said devise to X valid?

(c) Was it proper for the trial court to consider the intrinsic validity of the provisions of said will?
Explain your answers.

4. Julie had a relationship with a married man who had legitimate children. A son was born out of
that illicit relationship in 1981. Although the putative father did not recognize the child in his

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certificate of birth, he nevertheless provided the with child all the support he needed and spent
time regularly with the child and his mother. When the man died in 2000, the child was already 18
years old so he filed a petition to be recognized as an illegitimate child of the putative father and
sought to be given a share in his putative father's estate. The legitimate family opposed, saying
that under the Family Code his action cannot prosper because he did not bring the action for
recognition during the lifetime of his putative father.

a) If you were the judge in this case, rule on the issue.

b) Wishing to keep the peace, the child during the pendency of the case decides to
compromise with his putative father's family by abandoning his petition in exchange
for P500,000.00 of what he would have received as inheritance if he were recognized
as an illegitimate child. As the judge, would you approve such a compromise?

5. Distinguish acceptance and repudiation of inheritance from collation.

6. A had two sons, one legitimate (B) and the other illegitimate (C), who both died in a
car accident. At the time of the accident, B was not married but had an illegitimate son,
D. C also had an illegitimate son, E. Upon learning of the death of his sons, A suffered a heart
attack and died. Can D and E inherit from A? Explain

7. Cristina. the illegitimate daughter of Jose and Maria, died intestate, without any
descendant or ascendant. Her valuable estate is being claimed by Ana, the legitimate
daughter of Jose, and Eduardo, the legitimate son of Maria.
Is either, both, or neither of them entitled to inherit? Explain.

8. A is the acknowledged natural child of B who died when A was already 22 years old.
When B's full blood brother, C, died he (C) was survived by his widow and four children of his
other brother, D. Claiming that he is entitled to inherit from his father's brother, C, A
brought suit to obtain his share in the estate of C. Will his action prosper?

9. A, a spurious child, died intestate survived by B, the brother of his deceased mother, and C, his
mother's legitimate granddaughter. May B and C inherit from A? Reasons.

10. (a) In his will, Reverend Father "R' devised a parcel of riceland in favor of "his nearest male
relative who would study for the priesthood." The Will was duly probated. No nephew of
the testator claimed the devise and the testate proceeding remained pending. In the interim, the
riceland was to be administered by the Parish Priest of the locality pursuant to a project of partition
approved by the Probate Court. Twenty-one years after the testator's death, the Parish Priest
filed a petition before the Court for delivery of the rice land to the Church as trustee. The legal
heirs of Father "R" objected and prayed instead that the bequest be declared inoperative and that
they be adjudged entitled to the rice land. It also turned out that the testator had a grandnephew (a
grandson of his first cousin) who was taking the holy orders in a Seminary. Would you construe
the testamentary provision liberally so as to render the trust operative and to prevent
intestacy, or would you declare the bequest inoperative and the legal heirs entitled to the
riceland? Decide.

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11. Are the following subject to collation? Explain fully your answers.
1. Gifts bestowed by the deceased father during his lifetime for the debts of a son,
2. Money paid by the deceased parent during his lifetime for the debts of a son.

12. "X’ s only living relatives are his brothers "A" and "B". "X" executed a will providing
as follows: "I institute my brother "A" as my sole and universal heir; and I am disinheriting my
brother "B" because he refused to support me when I had nothing." After "X"' s demise,
is "B" entitled to share in the inheritance on the ground that the disinheritance was
ineffective because "X" had not proved that he in fact refused to support the testator? Reason.

13. A had two legitimate children, namely, B and C. He made a will, instituting G and a friend, D,
as his heirs and giving a P10,000 legacy to E, his former driver. He, however, expressly
disinherited B without specifying the reason therefore. Assuming that A's net estate is worth
P100,000 upon his death, how will it be distributed?

14. Who are compulsory heirs? Give five (5) instances which shall be sufficient causes for
the disinheritance of children and descendants, legitimate as well as illegitimate.

15. "H" and "W" are husband and wife. They have neither descendants or ascendants. "H"
died and while the conjugal partnership was under judicial administration and pending
liquidation, "W" donated all her share in her husband's estate to a friend "F". "W" died
while the proceeding for the settlement of the conjugal partnership was pending. The collateral
heirs of "W" and the administrator of the estate brought an action against the donee, "F", to set
aside the donation on the ground that it is void, as it is a donation of future property. Decide with
reasons.

16. In case of a legal separation between A and the widow, will the surviving widow
inherit? Explain.

17. Should brothers and sisters of the full blood survive together with brothers and sisters
of the half blood, how much is the former entitled compared to that of the latter?

18. A dies without a will, leaving a modern hotel, a fleet of air-conditioned buses and three
helicopters. If his widow and brothers survive, how will they inherit the estate?

19. A, deceased, is survived by a half-sister B on his father's aide and an aunt C his mother's sister.
He left as his only property that which was inherited from his mother. He died intestate.
Who shall succeed to A's estate? Reasons for your answer.

20. State the order of intestate succession.

21. Carlos, legitimate son of Jaime and Maria, was legally adopted by Josefa. Both Jaime
and Maria died soon after the adoption. Carlos, himself died in 1986. His survivors are Josefa, his
legitimate maternal grandparents Daniel and Rosa, his wife Fe and his acknowledged natural son,
Gerardo. How should the estate of Carlos worth P800,000.00 be apportioned among
the above survivors? Explain.

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22. RD and BG, both Filipinos were married and lived in Manila. They begot 2 children
and after some years of marriage, RD, being a physician, went to the United States. After staying
there for two years, RD got attached to a Filipina nurse. He got a quick divorce on the ground of
desertion and then married the Filipina nurse with whom he also begot 2 children. RD died
intestate in an automobile accident in the United States leaving valuable properties in the
Philippines both inherited by him from his parents as well as acquired during his marriage to
BG. How would BG and her two children and the Filipina nurse and her two children share
in the estate of RD. Give reasons for your answer.

23. The husband was granted a decree of legal separation on the ground of adultery on the
part of the wife. May the wife inherit from the husband —
(a) By intestate succession?
(b) By will? Reasons.

24. "X" died intestate, leaving two sons "A" and "B"; two grandchildren "C" and "D", the
children of the deceased daughter of "B"; and another grandchild "F", the daughter of "A".
Who will succeed to the estate of "X" and how will they divide the inheritance?

25. Discuss briefly the right of a testator to partition his estate among his heirs in the last will.

26. MN, a wealthy haciendero died leaving to his four legitimate children and his widow an estate
worth about P2 million. When the proceedings for the settlement of his estate were pending, Rosie,
a child he begot with his lavandera, filed a claim for a share in the estate. The widow and four
children contested the claim on the ground that in a previous action for support filed by the
lavandera when Rosie was still a minor, the lavandera agreed to dismiss the case and signed
an agreement acknowledging that the sum of P50,000.00 paid thereunder included payment
for whatever inheritance Rosie was to have. Should Rosie's claim be granted? Why?

27. A married B in 1950 bringing into the marriage a 10-hectare piece of unregistered land
in Antipolo which he inherited from his father. Of the marriage two daughters were born. On
February 10, 1956 A and his two daughters went to Baguio. On the way they met an accident
and A died instantly on the spot while the two daughters died two days later in the hospital where
they were brought. In 1960, B sold the land to C. In 1977, B died so D, the only brother
of A, asked C to reconvey the land to him. Upon C's refusal, D filed a complaint for
recovery of the land. C raised the defense of prescription. Should the defense be sustained? Why?

28. What is meant by the right of representation in succession? In what line does it take place?

29. What is a codicil and how shall it be executed in order that it may be effective?

30. What obligations are transmissible upon the death of the decedent? Are contingent claims
chargeable against the estate?