2013 BAR EXAMINATIONS

I. Armand died intestate. His full-blood brothers, Bobby and Conrad, and half-blood
brothers, Danny, Edward and Floro, all predeceased him. The following are the surviving
relatives:

1. Benny and Bonnie, legitimate children of Bobby;

2. Cesar, legitimate child of Conrad;
3. Dante, illegitimate child of Danny;
4. Ernie, adopted child of Edward; and
5. Felix, grandson of Floro.

The net value of Armand’s estate is Pl,200,000.

I. (1) How much do Benny and Bonnie stand to inherit by right of representation? (1%)
(A) P200,000
(B) P300,000
(C) P400,000
(D) P150,000
(E) None of the above.

MY ANSWER:

E. None of the above.

Under Article 975 of the New Civil Code, when children of one or more brothers or sisters of the
deceased survive, they shall inherit from the latter by representation, if they survive with their
uncles or aunts. But if they alone survive, they shall inherit in equal portions.

In this case, since all the siblings of Armand predeceased him, representation will NOT operate
in favour of the nephews and nieces but instead the latter will inherit in their own right, by
capita.

Thus, Benny and Bonnie will inherit nothing by right of representation.

TAGS: representation, intestate succession

I. (2) How much is Dante’s share in the net estate? (1%)

(A) P150,000.
(B) P200,000.
(C) P300,000.
(D) P400,000.
(E) None of the above.
MY ANSWER:

E. None of the above.

Under Article 992 of the New Civil Code, an illegitimate child has no right to inherit ab intestato
from the legitimate children and relatives of his father or mother; nor shall such children or
relatives inherit in the same manner from the illegitimate child.

In this case, Dante, as the illegitimate child of Danny, cannot inherit by right of representation
from the legitimate relatives of his illegitimate parent.

Thus, Dante will inherit nothing by right of representation.

TAGS: Iron-curtain rule, representation, intestate succession

I. (3) How much is Ernie’s share in the net estate . (1%)

(A) P 0.
(B) P400,000.
(C) P150,000.
(D) P200,000.
(E) None of the above.

MY ANSWER:

A. 0 or E. None of the above.

In the case of Teotico vs. Del Val, 13 SCRA 406, 1965, the relationship established by adoption
is limited solely to the adopter and the adopted and does not extend to the relatives of the
adopting parents or of the adopted child except only as expressly provided for by law. Hence, no
relationship is created between the adopted and the collaterals of the adopting parents.

Since Ernie is an adopted child of Edward, the right of representation cannot take place.

Thus, Ernie will inherit nothing by right of representation.

TAGS: Iron-curtain rule, representation, intestate succession

I. (4) How much is Felix's share in the net estate? (1%)

(A) P400,000.
(B) P150,000.
(C) P300,000.
(D) P0.
(E) None of the above.
MY ANSWER:

A. 0 or E. None of the above.

Under Article 975 of the New Civil Code, when children of one or more brothers or sisters of the
deceased survive, they shall inherit from the latter by representation, if they survive with their
uncles or aunts. But if they alone survive, they shall inherit in equal portions.

Representation only takes place in the collateral line, but in favor only of nephews and nieces.

In this case, Felix is a grandson of Floro, a predeceased brother.

Thus, Felix will inherit nothing by right of representation.

TAGS: Iron-curtain rule, representation, intestate succession