Midterms: Civil Law Review I – January 2022 – Atty.

Steve Mercano
I.
1. John E., born out of wedlock, died in an accident in Quezon City on 1
November 2020. His spouse, Jane A., was relieved to hear of his death; John
E. had terrified her into marrying him 10 years ago by literally waving gun
in her face. And unknown to John E., Jane did not tell him that John Jr., their
firstborn, was Jane’s son with John’s business partner, Eric. For this affair,
Jane covered her tracks by ordering a simulated DNA trace that revealed
John E was John Jr.’s father.
Two days after John E perished, his lawyer, Atty. Kimmy, revealed a
document signed by John E and witnessed and acknowledged by five people
as “John E.’s Will and Testament”. It revealed that John’s Estate stood at
P80M. However, in the same document publicly read to his living relatives,
John denounced the “lying cutthroat slime of a wife” Jane and in capital
letters condemned John Jr. as a “TOXIC SPERM EMBODIMENT-
BASTARD” The terms of the will followed:
“To SLIME WIFE: P1,000.00
To TOXIC SPARM (sic): P1,000.00
And take this all you lot: these are my four heirs:
Jimmy, who cuts my toenails every other month;
Sammy, who buys my pork; Lippy, who likes all my
Facebook posts; and Bird, the ignorant minimum wager
moonlighting as my security guard, who makes me so
screaming happy to have been born rich and not poor.”
After the listening crowd had calmed, the will was set to probate. The judge,
however aghast he was at its language, approved the will. How should the
estate be distributed? Assume that John E’s parents are still alive.

2. Avery died of COVID on 2 February 2020, despite consuming stacks and

stacks of Ivermectin. Her accountant, Bloom, had custody of her will, so
when Avery passed on in a horse dewormer haze Bloom summoned Avery’s
family and laid out the handwritten instrument. She padded off the
Ivermectin powder and read:
I, Avery, am leaving my Php25Million Estate to my beloved Yorion (my
husband, not the family horse); our eldest, Kaya; and our youngest, Liliana.
And to my loyal accountant, Bloom, I grant P500.00.”
After Bloom had read and reread the will’s statements, particularly the part
assigned to her, she asked if there were objections. Immediately, Nissa, who
was born between Kaya and Liliana, objected. Another stood with her: Jace,
whose action for filiation as Avery’s daughter was granted several years
back. They demanded to know why they were getting nothing.
But Bloom pointed out that:
a. Avery paid for Nissa’s monstrous tuition at the New York University the
latter took her Masters of Law (some Php5Million); and
b. Avery infused Jace’s influencer-training start-up campaign, his first
(failed) business, with Php2.5Million.
With these, Bloom argued that Avery’s will should not be voided, as these
persons could no longer claim to have been ignored by the deceased.
Comment on Bloom’s view.
3. You are an associate at a firm specializing in Estate Planning and related
matters. Two queries pinged in your inbox:
a. “Hello Atty., I am Triton. Last week my grandfather died. He has won the
lottery thrice; have deposited all his winnings in a bank; and has never really
indulged. Naturally we, his heirs, are curious about blessings we may
receive from his estate. But I must tell you that I am my father’s son with his
colleague at work. His wife had banished him to live with me when she
learned of their relationship. They are doing better now. I am well loved by
my grandfather. Can I inherit from him?”
b. “Hi Mr Lawyer! 20 years ago, Mr. Patrice adopted me, and my live turned
for the better. Even Mr. Patrice, whom I now call Father, had grown fond of
me. But six weeks ago, Father’s mother died. I call her Lola now. Lola owned
many businesses, but she died suddenly. Even now her estate is in shambles
because they have yet to find a will. But Lola had taught me everything she
knew…and Father trusts me…I want to know, may I inherit from Lola if
Father refuses his share? Father is an only child, like Lola…and Lola’s
husband had already long passed away. Father only wants the best for me.”
Respond to these concerns.
4. Lilac has spent her life cultivating a large flower farm. However, on 6 April
2015, her doctor hit her with grave news: cancer had begun to metastasize
within her bones. Sunk in depression she began to part with everything; on
2 November 2016, she drew up the necessary paperwork to cede the flower
farm to Hannah and Lian, newlyweds. But Lilac, a sentimentalist,
conditioned the transfer to take effect after Lilac dies; that if Lilac’s
chemotherapy needs exceeds her savings, the property would revert to her;
that Hannah and Lian categorically owns and may title the property; and
that Hannah and Lian may not sell the property so long as the second
condition may possibly occur. Pursuant to the Deed, which Hannah and
Lian accepted, Lilac moved out.
Hannah and Lian then made the farm their home. Over the course of five
years, they slowly built their house thereon. But Lian’s finances took a
nosedive, and eventually, the bills for the construction overtook their ability
to punctually settle them. The construction firm won in the ensuing
collection case, and as security for the enforcement, caused the Hannah and
Lian home and lot to be attached and levied on. Craft a defense against this
mode of execution derived from the facts here.
5.
Three years from her lavish debut at a fancy Makati hotel, Mina decided that
it was time to permanently live apart from her parents. They called her an
ungrateful ignorant child when she presented this plan to them and
threatened to denounce her. But Mina would not be budged, after all, she
was already earning millions from her Youtube page, and she and her
partner, Alex, had been secretly sharing a home for five years. Even
neighbors in that subdivision thought they were already married. Mina
pushed through with her plan and once she moved out, she and Alex
purchased another car, a sedan, to complement the four-wheeler Alex
purchased four years ago, when Mina was still putting things together and
all she could do was clean and keep order in their household. Three years
later she got pregnant; however, she did not know that Alex had been
carrying out a one-year old affair with his make up artist, Zee (Alex was also
a YouTube star, but employed with Galactic Corp., an e-sports company).
Zee and Alex spent time on weekends in Zee’s condominium, and to help
himself settle in Alex purchased expensive gaming desktops using his salary
from his YouTube appearances. When Mina learned of the affair she
consulted a lawyer and demanded to know her rights to: a) the above
mentioned sedan; b) the above mentioned gaming desktops; and c)
properties she and Alex purchased during their living together. Advise
Mina.
6. Lianne Reyes lives in a barangay curiously full of common Filipino
surnames: Reyes, Cruzes, and Santoses. One day, after she had graduated
college, she discovered a birth certificate in her name, declaring her to be the
daughter of their adjacent neighbors, Stephen and Gella Cruz. Clutching the
certificate, she confronted her mother, Anne, who was a widow; but Anne
remained silent. She went over to the Cruzes and confronted Gella. Gella,
however, mysteriously told Lianne that Gella indeed had a daughter, but
that daughter was dead to her. Stephen, on the other hand, ignored Lianne.
Convinced of the righteousness of her cause, Lianne filed an action to be
declared Stephen’s daughter. The Court sided with her, finding Gella’s
admission immaterial. On appeal, Stephen argued that only he may file the
action and that clearly, Lianne is only an illegitimate child. Do you agree
with Stephen?
7. Elaborate on the property regime of a bigamous marriage; and
successional rights of children resulting from these marriages.