BQ (1993). A is the ack nowledged n atural 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?
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
No, the action of A will not prosper. On thepremise that B, C and D are legitimatebrothers, as an illegitimate child of B, Acannot inherit in intestacy from C who is a
legitimate brother of B. Only the wife of Cin her own right and the legitimaterelatives of C (i.e. the children of D as C'slegitimate nephews inheriting as collateral
relatives) can inherit in intestacy. (Arts.992, 1001, 1OO5 and 975, Civil Code)
BQ (1993). Maria, to spite her husband Jorge,whom she suspected was having an affair withanother woman, executed a will, unknown to him,bequeathing all the properties she inherited fromher parents, to her sister Miguela. Upon her death,the will was presented for probate.
Jorge opposed probate of the will on the groundthat the will was executed by his wife without hisknowledge, much less consent, and that itdeprived him of his legitime. After all, he had givenher no cause for disinheritance, added Jorge in hisopposition. How will you rule on Jorge's oppositionto the probate of Maria's will. If you were theJudge?
Mr. Palma, widower, has three daughters D,D-l and D-2. He executes a Will disinheritingD because she married a man he did not
like, and instituting daughters D-1 and D-2as his heirs to his entire estate of P1,000,000.00, Upon Mr, Palma's death, howshould his estate be divided? Explain. (5%)
This is a case of ineffective disinheritance becausemarrying a man that the father did not approve ofis not a ground for disinheriting D. Therefore, theinstitution of D-l and D-2 shall be annulled insofaras it prejudices the legitime of D, and the institutionof D-l and D-2 shall only apply on the free portion
in the amount of P500,000.00. Therefore, D, D-land D-2 will get their legitimes of P500.000.00divided into three equal parts and D-l and D-2 willget a reduced testamentary disposition ofP250,000.00 each. Hence, the shares will be:
As the plane landed in Libya Irma gave birth.However, the baby died a few minutes aftercomplete delivery. Back in the Philippines Irma
Immediately filed a claim for inheritance. Theparents of Isidro opposed her claim contendingthat the marriage between her and Isidro wasvoid ab initio on the following grounds: (a) theyhad not given their consent to the marriage oftheir son; (b) there was no marriage license; (c)the solemnizing officer had no authority toperform the marriage; and, (d) the solemnizingofficer did not file an affidavit of marriage with
the proper civil registrar.
Does Irma have any successional rights at all?Discuss fully.
Irma succeeded to the estate of Isidro as his survivingspouse to the estate of her legitimate child. When
Isidro died, he was succeeded by his surviving wifeIrma, and his legitimate unborn child. They divided theestate equally between them, the child excluding theparents of Isidro. An unborn child is considered bornfor all purposes favorable to it provided it is born later.
The child was considered born because, having anintra-uterine life of more than seven months, it lived fora few minutes after its complete delivery. It waslegitimate because it was born within the validmarriage of the parents. Succession is favorable to it.
When the child died, Irma inherited the share of thechild. However, the share of the child in the hands ofIrma is subject to reserva troncal for the benefit of therelatives of the child within the third degree ofconsanguinity and who belong to the line of Isidro.
a) Who are the intestate heirs of F? What aretheir respective fractional shares?
b) Who are the intestate heirs of A? What aretheir respective fractional shares?
c) If B and C both predeceased F, who are F’sintestate heirs? What are their respective
fractional shares? Do they inherit in their ownright or by representation? Explain youranswer.
d) If B and C both repudiated their shares in the
estate of F who are F's intestate heirs? Whatare their respective fractional shares? Dothey inherit in their own right or byrepresentation? Explain your answer,
Tessie died survived by her husband Mario,and two nieces, Michelle and Jorelle, whoare the legitimate children of an elder sisterwho had predeceased her. The only
property she left behind was a house and lotworth two million pesos, which Tessie andher husband had acquired with the use of
Mario's savings from his income as a doctor.
How much of the property or its value, if any,may Michelle and Jorelle claim as theirhereditary shares?
Article 1001 of the Civil Code provides, "Shouldbrothers and sisters or their children survivewith the widow or widower, the latter shall beentitled to one-half of the inheritance and thebrothers and sisters or their children to the
other half." Tessie's gross estate consists of ahouse and lot acquired during her marriage,making it part of the community property. Thus,one-half of the said property would have to be
set aside as Mario's conjugal share from thecommunity property. The other half, amountingto one million pesos, is her conjugal share (netestate), and should be distributed to herintestate heirs.
When Mrs. Cruz died, she was succeededby her parents as her intestate heirs. They
will inherit all of her estate consisting ofher 0.5 Million half share in the absolutecommunity and her 0.25 Millioninheritance from her husband, or a total of
0.750 Million Pesos.
In sum, the parents of Mr. Cruz will inherit
250,000 Pesos while the parents of Mrs.Cruz will inherit 750,000 Pesos.
Million (P10,000,000.00) Pesos. His widowgave birth to a child four months after Mr,Luna's death, but the child died five hours
after birth. Two days after the child's death,
the widow of Mr. Luna also died becauseshe had suffered from difficult childbirth. Theestate of Mr. Luna is now being claimed byhis parents, and the parents of his widow.
When Mr. Luna died, his heirs were his wifeand the unborn child. The unborn childinherited because the inheritance was
favorable to it and it was born alive laterthough it lived only for five hours (?). Mrs.Luna inherited half of the 10 Million estate whilethe unborn child inherited the other half. When
the child died, it was survived by its mother,Mrs. Luna. As the only heir, Mrs. Lunainherited, by operation of law, the estate of thechild consisting of its 5 Million inheritance from
Mr. Luna. In the hands of Mrs. Luna, what she
inherited from her child was subject to reservatroncal for the benefit of the relatives of thechild within the third degree of consanguinityand who belong to the family of Mr. Luna, the
When Mrs. Luna died, she was survived by herparents as her only heirs. Her parents willinherit her estate consisting of the 5 Million sheinherited from Mr. Luna. The other 5 Million sheinherited from her child will be delivered to theparents of Mr. Luna as beneficiaries of thereserved property.
In sum, 5 Million Pesos of Mr. Luna's estate willgo to the parents of Mrs. Luna, while the other5 Million Pesos will go to the parents of Mr.
The heirs are B, W, C and D. A inherits nothingbecause of his renunciation. B inherits a
legitime of P90.000.00 as the nearest andonly legitimate descendant, inheriting in hisown right not by representation because ofA's renunciation (?). W gets a legitime
equivalent to one-half (1 / 2) that of Bamounting to P45.000. C and D each gets alegitime equivalent to one-half (1/2) that of Bamounting to P45.000.00 each. But since thetotal exceeds the entire estate, their legitimes
would have to be reduced corresponding toP22.500.00 each (Art. 895. CC). The total of allof these amounts to P180.000.00.
children, A, B and C. He executed a Willinstituting as his heirs to his estate of OneMillion (P1,000,000.00) Pesos his twochildren A and B, and his friend F. Upon his
death, how should Mr. Cruz's estate bedivided? Explain. (3%)
(b) In the preceding question, suppose Mr.
Cruz instituted his two children A and B ashis heirs in his Will, but gave a legacy
of P 100,000.00 to his friend F. How shouldthe estate of Mr, Cruz be divided upon his
a) For purposes of succession, when isdeath deemed to occur or take place?
b) May succession be conferred bycontracts or acts inter vivos? Illustrate.
c) Is there any law which allows the deliveryto compulsory heirs of their presumptivelegitimes during the lifetime of theirparents? If so, in what instances?
A. Death as a fact is deemed to occur when itactually takes place. Death is presumed to take
place in the circumstances under Arts. 390-391of the Civil Code. The time of death is presumedto be at the expiration of the 10year period as
prescribed by Article 390 and at the moment of
disappearance under Article 391.
B. Under Art. 84 of the Family Code amending Art130 of the Civil Code, contractual succession isno longer possible since the law now requiresthat donations of future property be governed bythe provisions on the testamentary succession
Filipino citizen, what law will govern if thewill is executed in the Philippines?
What law will govern if the will is executedin another country? Explain your answers.
(2) If a will is executed by a foreigner, forinstance, a Japanese, residing in the
Philippines, what law will govern if the willis executed in the Philippines? And whatlaw will govern if the will is executed inJapan, or some other country, forinstance, the U.S.A.? Explain youranswers.
(1) a. If the testator who is a Filipino citizen executeshis will in the Philippines, Philippine law will govern the
formalities.b. If said Filipino testator executes his will in anothercountry, the law of the country where he maybe orPhilippine law will govern the formalities. (Article 815,Civil Code}
(2) a. If the testator is a foreigner residing in thePhilippines and he executes his will in the Philippines,the law of the country of which he is a citizen orPhilippine law will govern the formalities.
b. If the testator is a foreigner and executes his will ina foreign country, the law of his place of residence orthe law of the country of which he is a citizen or thelaw of the place of execution, or Philippine law willgovern the formalities
Vanessa died on April 14, 1980, leavingbehind a holographic will which is entirelywritten, dated and signed in her own
handwriting. However, it contains insertions
and cancellations which are notauthenticated by her signature. For thisreason, the probate of Vanessa's will wasopposed by her relatives who stood toinherit by her intestacy. May Vanessa's
On his deathbed, Vicente was executing awill. In the room were Carissa, Carmela,Comelio and Atty. Cimpo, a notary public.
Suddenly, there was a street brawl whichcaught Comelio's attention, prompting him tolook out the window. Cornelio did not seeVicente sign a will. Is the will valid?
require a witness to actually see thetestator sign the will. It is sufficient if the
witness could have seen the act of signing
had he chosen to do so by casting hiseyes to the proper direction.
b) Yes, the will is valid. Applying the "test ofposition", although Comelio did notactually see Vicente sign the will, Corneliowas in the proper position to see Vicente
(a) Yes, the will may be probated if executedaccording to the formalities prescribed bylaw.
(b) The institution giving X the free portion isnot valid, because the prohibitions under Art. 739 of the Civil Code on donationsalso apply to testamentary dispositions
(Article 1028, Civil Code), Amongdonations which are considered void arethose made between persons who wereguilty of adultery or concubinage at the
(c) As a general rule, the will should beadmitted in probate proceedings if all thenecessary requirements for its extrinsic
validity have been met and the courtshould not consider the intrinsic validity ofthe provisions of said will. However, the
exception arises when the will in effect
contains only one testamentarydisposition. In effect, the only testamentarydisposition under the will is the giving ofthe free portion to X, since legitimes are
provided by law. Hence, the trial court mayconsider the intrinsic validity of theprovisions of said will. (Nuguid v. Nuguid,et al. Nepomuceno v. CA,).
One day when he was clearing up his desk,Johnny mistakenly burned, along with
other papers, the only copy of hisholographic will. His business associate,Eduardo knew well the contents of the willwhich was shown to him by Johnny the
day it was executed. A few days after theburning incident, Johnny died. Both willswere sought to be probated in twoseparate petitions. Will either or bothpetitions prosper?
The probate of the notarial will prosper. Theholographic will cannot be admitted toprobate because a holographic will canonly be probated upon evidence of the willitself unless there is a photographic copy.But since the holographic will was lost andthere was no other copy, it cannot be
probated and therefore the notarial will willbe admitted to probate because there isno revoking will.
BQ (1996) Alfonso, a bachelor without anydescendant or ascendant, wrote a last willand testament in which he devised." all the
properties of which I may be possessed atthe time of my death" to his favorite brotherManuel.
At the time he wrote the will, he owned onlyone parcel of land. But by the time he died,he owned twenty parcels of land. His otherbrothers and sisters insist that his will should
pass only the parcel of land he owned at thetime it was written, and did not cover hisproperties acquired, which should be byintestate succession. Manuel claims
Manuel is correct because under Art. 793,NCC, property acquired after the makingof a will shall only pass thereby, as if thetestator had possessed it at the time ofmaking the will, should it expressly appearby the will that such was his intention.
Since Alfonso's intention to devise all
properties he owned at the time of hisdeath expressly appears on the will, thenall the 20 parcels of land are included inthe devise.