SPECIAL AND FINAL EXAMINATION IN SUCCESSION LAW

PROFESSOR: ATTY. FLORANTE A. ZAGADA

THIRD YEAR, FIRST SEMESTER
JANUARY 15, 2024

NAME:OSTIQUE,PSYCHE SHYNE PAREJA

QUESTION NO. 1 - 20%

JUAN and MARIA, both Filipinos were married in Dasmarinas City. They have two children by
the name of ABBY and BERNIE. Juan went to the United States in order to work as a nurse
on a permanent residence visa. After working there for five years, Juan obtained American
citizenship and divorced Maria. Thereafter, Juan met his childhood sweetheart by the name of
Imelda who is also working as a nurse in the same hospital.

Being in love with Imelda, he married Imelda where they begot two children by the name of
CARLA and DIONY. After two years of their marriage, JUAN died because of vehicular
accident leaving a property in the Philippines in the amount P10 MILLION pesos which they
acquired during marriage with MARIA.

How would ABBY, BERNIE, CARLA, DIONY, MARIA and IMELDA share in the estate of
JUAN? Explain your answer.

ANSWER:

Under the Civil Code, The compulsory heirs of Juan are:

Abby, Bernie, Carla, Diony and Imelda.

In observation of the divorce of Maria and Juan, Maria will not get any share in the estate of
Juan since she is now a stranger to him.

The law of succession provides that, legitimate children of the testator will get equal share even
if the children came from the first marriage or from the second marriage of the decedent, it is
now irrelevant in which marriage they came from. They are all legitimate children of the
testator. The second wife, Imelda which is also the surviving spouse or the concurring heir will
also get equal share and always concurs as to what amount or share the legitimate children of
the testator will get. The heirs will get 1/5 each of the P10,000,000.00 which amounts to
P2,000,000.00 for each of the compulsory heirs.

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 QUESTION NO. 2 – 20%

RICHARD was successful lawyer. Through hard work, he was able to save money in
the amount of P15 MILLION in his bank account. However, he figured in a vehicular
accident which caused his untimely death.

Upon his death, he left two legitimate children: NOEMI and RHIANNA and a
grandchild CHRISTINE from his daughter of MAFFI.

A) How will NOEMI, RHIANNA and grandchild CHRISTINE succeed to the estate
of RICHARD?

B) Divide the inheritance of P15 million among the said heirs ?

C) Will grandchild Christine held liable for the debts left by MAFFI from her
creditors for the latter’s share from Richard?
Explain.

ANSWER:

A) Under the civil code, Noemi and Rhianna will inherit through their own right while
the grandchildren, Christine will inherit through her right of representation
representing her mother, Maffi.

B) The 15 Million estate will be divided as follows:

NOEMI- 5,000,000
RHIANNA- 5,000,000
CHRISTINE- 5,000,000

Under the civil code, they will divide the inheritance per capita, hence the 5M each
per heir and since Christine is the only child of Maffi she will have full possession of
the share of Maffi amounting to 5M.

C.)Under the civil code, the debts of the person represented by the representative
will not be transferred to her, the representative will not be held liable by the
creditors.

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 Hence, Christine will not be held liable since she succeeded by her right of
representation. The representative is called to the succession by operation of law
and not by the person she represent.

QUESTION NO. 3 – 20%

CHARLES died intestate leaving an estate in the amount of P10 Million. He married to
MILA, and they have children by the names of JINKY, VENUS and CARMINA.

When CHARLES died, he is survived by the following:

1. MILA, a surviving spouse.

2. FLOKI his grandson to his deceased daughter CARMINA.
3. JINKY but she repudiated or renounced her share from the estate.
4. VENUS is incapacitated to succeed due to unworthiness but she has two children by
the names of PEDRO AND JUAN.

Divide now the estate of P10 Million of CHARLES to his intestate heirs based on their situation
or condition. Explain.

ANSWER:

Under the law on intestate succession, the estate will be divided as follows:

MILA,as the surviving spose will inherit P3,333,333.33

FLOKI as the representative of CARMINA,will inherit P3,333,333.33

As representative of VENUS,PEDRO and JUAN will inherit P1,666,666.5 each

*3,333,333.33/2 right of representation of PEDRO AND JUAN.

In the case at bar, Mila will inherit as the surviving spouse or the concurring heir, Floki will
inherit through his right of representation of his mother Carmina, and Venus being incapacitated
to inherit will be represented by her 2 children Pedro and Juan.

QUESTION NO. 4 – 20%

A, B and C are brothers. A an estate amounting to P9 million. When A died, he is

survived by the following:

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 1. B, his full blooded brother.
2. D, son of his deceased brother C but D repudiated the inheritance.
3. E and F, they are D’s legitimate children and therefore the grandnephews of
C.

Divide the estate of 9 million of A to the surviving intestate heirs. Explain.

ANSWER:

Under the civil code ,9 million estate should be divided through the following circumstances:

1.) B will inherit 9,000,000 through his own right of inheritance

2.)D will not inherit because he repudiated his inheritance.

3)E and F will not be able to inherit by right of representation and since D is still alive and right
of representation will only take place if the compulsory heir predeceased the testator.

Further, B will inherit solely the 9Million estate of his brother because D repudiated his
inheritance, D is the representative of the predeceased brother C. E and F are not entitled to
inherit since right of representation will only apply to predeceased, in the case at bar, D is still
alive and D also repudiated his inheritance.

QUESTION NO. 5 -20%

F and M have a legitimate child by the name of A.

A is married to S and they have a legitimate child C.

F has an illegitimate child B.

B has an illegitimate child D.

X is the surviving father F.

Y and the surviving mother of M.

QUESTIONS:

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1. If F dies leaving an estate of P1 million, who will inherit from F’s estate?
2. If A dies leaving an estate of P1 million, who will inherit from A’s estate?
3. If B dies leaving an estate of P1 million, who will inherit from B’s estate?
4. If C dies leaving an estate of P1 million, who will inherit from C’s estate?
5. If D dies leaving an estate of P1 million, who will inherit form D’s estate?
6. If M dies leaving an estate of P1 million, who will inherit from M’s estate?

ANSWER:
Under the civil code, this will be how the estate will be inherited if the following happens
with respect to the law on succession:

1)If F dies,his compulsory heir will be A,B and M. A and B will inherit as compulsory
heirs in the direct line while M is the surviving spouse of F or compulsory heir in the
collateral line.
2.)If A dies,C and S because they are the compulsory heirs.
3.)If B dies,D and F
4.)If C dies, A and S,the nearer relative excludes the farther relative
5)If D dies,B,illegitimate parent
6.)If M dies, A and F

-END OF EXAM-