UNIVERSITY OF THE CORDILLERAS

COLLEGE OF LAW
WILLS AND SUCCESSION
FINAL EXAMINATION

INSTRUCTIONS: Read each question carefully before answering. Answers should be typewritten in a
word document which shall be converted into pdf file upon submission. Answers must be submitted
within the allotted time at the class designated email address. A deduction of five points will given to late
submission. GOOD LUCK!

1. Is actual death the only trigger that opens the estate of a person to succession? What are the
exceptions? Discuss fully.

2. When representation is proper, what is the extent of the representative’s inheritance?

3. X donated in a public instrument a parcel of land to Y, who accepted it in the same document. The
instrument provides that the donation shall take effect immediately, with the donee having the right to
take possession of the land and receive its fruits but not to dispose of the land while X is alive, as well as
for ten years following his death.

Moreover, X also reserved in the same deed his right to sell the property should he decide to dispose of it
at any time – a right which he did not exercise at all.

After his death, X’s heirs brought an action to recover the property, alleging that the donation was void
because it did not comply with the formalities of a will.

Will the suit prosper?

4. a. A father sold a parcel of land to a buyer, but had not yet delivered the parcel by the time he died. Are
the heirs required to make the delivery?

b. T died with a will survived by his legitimate children: A, B and C. Upon T’s death, A, the eldest
son, sold his entire share to his friend, F. Is the sale valid?

5. T executed a will instituting his three legitimate children, A, B and C as his sole heirs -- A, to inherit ½
of the free portion; B, ¼ of the free portion; and C, ¼ of the free portion. However, B and C died in an
accident days before the testator’s death. The testator died a few days later without changing his will. B is
survived by his legitimate children, D, E, F, and G; while C is survived by his legitimate children, H and
I. The net remainder after payment of liabilities of the estate is P10 million. How shall the estate be
divided among the heirs if the testator donated a lot to x, his friend in the amount of P1 million?

6. Rachel and Joey, both capacitated to marry each other, cohabited as husband and wife without the
benefit of marriage. Their union bore a daughter, Phoebe. Joey was not the first and only man in Rachel’s
life. Before him was Ross with whom Rachel had a son, Ben. Like her relationship with Joey, Rachel was
never married to Ross.

Rachel died intestate, survived by a) her half-brother, Luis and b) Manuel, an illegitimate child of
Norberto, the latter being a child begotten from her father’s lawful marriage to Rachel.

a) Is Luis an intestate heir of Rachel?

b) Is Manuel entitled to inherit intestate from Rachel?

7. How are shares be divided to the following intestate heirs:

a. “T” was survived by his Spouse, “SS”, and two legitimate sons “A” and “B”.
b. “T” was survived by his Spouse, “SS” , T’s Mother, “M” and “B” an illegitimate son.
c. “T” was survived by his Spouse, “SS”, T’s illegitimate mother, “M”, and “A” an illegitimate son.
d. “T” was survived by his Mother and Father; “M” and “F”, “Z”, an illegitimate son and “W” T’s
brother.
e. “T” was survived by his Spouse, “SS”, two legitimate sons; “A” and B”, and three illegitimate
sons “C”, “D”, “E”.
f. “T’ was survived by his illegitimate son “A”, and an illegitimate Father, “IF”.

8. Isidro and Irma, Filipinos, both 18 years of age, were passengers of Flight No. 317 of Oriental Airlines.
The plane they boarded was of Philippine registry. While en route from Manila to Greece some
passengers hijacked the plane, held the chief pilot hostage at the cockpit and ordered him to fly instead to
Libya. During the hijacking Isidro suffered a heart attack and was on the verge of death. Since Irma was
already eight months pregnant by Isidro, she pleaded to the hijackers to allow the assistant pilot to
solemnize her marriage with Isidro. Soon after the marriage, Isidro expired. As the plane landed in Libya
Irma gave birth. However, the baby died a few minutes after complete delivery. Back in the Philippines
Irma Immediately filed a claim for inheritance. The parents of Isidro opposed her claim contending that
the marriage between her and Isidro was void ab initio on the following grounds: (a) they had not given
their consent to the marriage of their son; (b) there was no marriage license; (c) the solemnizing officer
had no authority to perform the marriage; and, (d) the solemnizing officer did not file an affidavit of
marriage with the proper civil registrar. Does Irma have any successional rights at all? Discuss fully.

9. “T”, who had no compulsory heir, died leaving a will where he devised a commercial land and building
to his brother, “B” and imposing upon him the obligation to preserve and to transmit the property upon
his death, to “S”, the son of “B”.

“B” and “S” were both living at the time of the death of the testator. However, “S” died ahead of “B”. “S”
was survived by “W”, his wife, as his only heir. Upon the death of “B”, is “W” entitled to the property?
Why?

10. The following are contained in the last will and testament of Lamberto:

1) disinherits his son Marco because he has been convicted of adultery with another woman;
2.) disinherits his daughter Carla because induces testator to change his will by fraud;
3) omits entirely his spouse Elvira;
4) leaves a legacy of P100,000.00 to his mistress Rosa and P50,000.00 to his driver Ernie and;
5) institutes his illegitimate son Baldo as his sole heir;
6) omits his legitimate parents Boni and Conie.

a. Distribute his estate of P1,000,000.00?

b. Suppose Lamberto died intestate and survived by the aforementioned heirs, distribute his estate of
P1,000,000.00.