Disposition; Mortis Causa vs.

Intervivos; Corpse (2009)

No. XI. TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your answer in not
more than two (2) sentences.

(E). A person can dispose of his corpse through an act intervivos. (1%)

SUGGESTED ANSWER:
False. A persons cannot dispose of his corpse through an act inter vivos, i.e., an act to take effect during his
lifetime. Before his death there is no corpse to dispose. But he is allowed to do so through an act mortis causa,
i.e., an act to take effect upon his death.

Heirs; Fideicommissary Substitution (2008)

No. XIII. Raymond, single, named his sister Ruffa in his will as a devisee of a parcel of land which he owned. The will imposed
upon Ruffa the obligation of preseving the land and transferring it, upon her death, to her illegitimate daughter Scarlet who was
then only one year old. Raymond later died, leaving behind his widowed mother, Ruffa and Scarlet.

(A). Is the condition imposed upon Ruffa, to preserve the property and to transmit it upon her death to Scarlet, valid? (1%)

SUGGESTED ANSWER:

Yes, the condition imposed upon Ruffa to preserve the property and to transmit it upon her death to Scarlet is
valid because it is tantamount to fideicommissary substitution under Art. 863 of the Civil Code.

(B). If Scarlet predeceases Ruffa, who inherits the property? (2%)

SUGGESTED ANSWER:

Ruffa will inherit the property as Scarlet's heir. Scarlet acquires a right to the succession from the time of
Raymond's death, even though she should predecease Ruffa (Art. 866, Civil Code).

(C). If Ruffa predeceases Raymond, can Scarlet inherit the property directly from Raymond? (2%)

SUGGESTED ANSWER:

If Ruffa predeceases Raymond, Raymond's widowed mother will be entitled to the inheritance. Scarlet, an
illegitimate child, cannot inherit the property by intestate succession from Raymond who is a legitimate
relative of Ruffa (Art. 992, Civil Code). Moreover, Scarlet is not a compulsory heir of Raymond, hence she can
inherit only by testamentary succession. Since Raymond executed a will in the case at bar, Scarlet may inherit
from Raymond.

Heirs; Intestate Succession; Legitime; Computation (2010)

No.XI. The spouses Peter and Paula had three (3) children. Paula later obtained a judgment of nullity of marriage. Their
absolute community of property having been dissolved, they delivered P1 million to each of their 3 children as their presumptive
legitimes.

Peter later re-married and had two (2) children by his second wife Marie. Peter and Marie, having successfully engaged in
business, acquired real properties. Peter later died intestate.

(A). Who are Peter’s legal heirs and how will his estate be divided among them? (5%)

SUGGESTED ANSWER:

The legal heirs of Peter are his children by the first and second marriages and his surviving second wife.

Their shares in the estate of Peter will depend, however, on the cause of the nullity of the first marriage. If the
nullity of the first marriage was psychological incapacity of one or both spouses, the three children of that
void marriage are legitimate and all of the legal heirs shall share the estate of Peter in equal shares. If the
judgment of nullity was for other causes, the three children are illegitimate and the estate shall be distributed
such that an illegitimate child of the first marriage shall receive half of the share of a legitimate child of the
second marriage, and the second wife will inherit a share equal to that of a legitimate child. In no case may
the two legitimate children of the second marriage receive a share less than one-half of the estate which is
their legitime. When the estate is not sufficient to pay all the legitimes of the compulsory heirs, the legitime of
the spouse is preferred and the illegitimate children suffer the reduction.

Computation:

(A) If the ground of nullity is psychological incapacity:

3 children by first marriage 1/6 of the estate for each

(B) If the ground of nullity is not psychological capacity:

Surviving second spouse ¼ of the estate

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 2 legitimate children ¼ of the estate for each of
second marriage

Note: The legitime of an illegitimate child is supposed to be ½ the legitime of a legitimate child or 1/8 of the
estate. But the estate will not be sufficient to pay the said legitime of the 3 illegitimate children, because only ¼
of the estate is left after paying the legitime of the surviving spouse which is preferred.

Hence, the remaining ¼ of the estate shall be divided among the 3 illegitimate children.

(B). What is the effect of the receipt by Peter’s 3 children by his first marriage of their presumptive legitimes on their right to
inherit following Peter’s death? (5%)

SUGGESTED ANSWER:

In the distribution of Peter’s estate, ½ of the presumptive received by the 3 children of the first marriage shall
be collated to Peter’s estate and shall be imputed as an advance of their respective inheritance from Peter.
Only half of the presumptive legitime is collated to the estate of Peter because the other half shall be collated to
the estate of his first wife.

Heirs; Representation; Iron-Curtain Rule (2012)

No.VIII.a) Ricky and Arlene are married. They begot Franco during their marriage. Franco had an illicit relationship with Audrey
and out of which, they begot Arnel. Frnaco predeceased Ricky, Arlene and Arnel. Before Ricky died, he executed a will which
when submitted to probate was opposed by Arnel on the ground that he should be given the share of his father, Franco. Is the
opposition of Arnel correct? Why? (5%)

SUGGESTED ANSWER:

No, his opposition is not correct. Arnel cannot inherit from Ricky in the representation of his father Franco. In
representation, the representative must not only be a legal heir of the person he is representing, he must also
be a legal heir of the decedent he seeks to inherit from.

While Arnel is a legal heir of Franco, he is not a legal heir of Ricky because under Art 992 of the NCC, an
illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or
mother. Arnel is disqualified to inherit from Ricky because Arnel is an illegitimate child of Franco and Ricky is
a legitimate relative of Franco.

Heirs; Reserva Troncal (2009)

No. I. TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your answer in not
more than two (2) sentences.

(B).In reservatroncal, all reservatarios (reser vees) inherit as a class and in equal shares regardless of their proximity in degree
to the prepositus. (1%)

SUGGESTED ANSWER:
FALSE. Not all the relatives within the third degree will inherit as reservatario , and not all those who are
entitled to inherit will inherit in the equal shares . The applicable laws of intestate succession will determine
who among the relatives will inherit as reservatarios and what shares they will tak, i.e., the direct line
excludes the collateral, the descending direct line excludes the ascending ,the nearer excludes the more
remote, the nephews and nieces exclude the uncles and the aunts, and half blood relatives inherit half the
share of full-blooded relatives.

Intestate Succession (2008)

No. VII. Ramon Mayaman died intestate, leaving a net estate of P10,000,000.00. Determine how much each heir will receive
from the estate:

(A). If Ramon is survived by his wife, three full-blood brothers, two half-brothers, and one nephew (the son of a deceased
fullblood brother)? Explain. (3%)

SUGGESTED ANSWER:
Having died intestate, the estate of Ramon shall be inherited by his wife and his full and half blood siblings or
their respective representatives. In intestacy, if the wife concurs with no one but the siblings of the husband,
all of them are the intestate heirs of the deceased husband. The wife will receive half of the intestate estate,
while the siblings or their respective representatives, will inherit the other half to be divided among them
equally. If some siblings are of the full-blood and the other of the half blood, a half blood sibling will receive
half the share of a full-blood sibling. (1). The wife of Ramon will, therefore, receive one half (½) of the estate
or the amount of P5,000,000.00. (2). The three (3) full-blood brothers, will, therefore, receive P1,000,000.00
each. (3). The nephew will receive P1,000,000.00 by right of representation. (4). The two (2) half-brothers
will receive P500,000.00 each.

(B). If Ramon is survived by his wife, a halfsister, and three nephews (sons of a deceased full-blood brother)? Explain. (3%)

SUGGESTED ANSWER:
The wife will receive one half (1/2) of the estate or P5,000,000.00. The other half shall be inherited by (1) the
full-blood brother, represented by his three children, and (2) the half-sister. They will divide the other half
between them such that the share of the half-sister is just half the share of

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the full-blood brother. The share of the full-blood brother shall in turn be inherited by the three nephews in
equal shares by right of presentation. Therefore, the three (3) nephews will receive P1,111,111.10 each the
halfsister will receive the sum of P1,666,666.60.

Intestate Succession (2008)

No.X. Arthur executed a will which contained only: (i) a provision disinheriting his daughter Bernica for running off with a
married man, and (ii) a provision disposing of his share in the family house and lot in favor of his other children Connie and
Dora. He did not make any provisions in favor of his wife Erica, because as the will stated, she would anyway get ½ of the house
and lot as her conjugal share. The will was very brief and straightforward and both the above provisions were contained in page
1, which Arthur and his instrumental witness, signed at the bottom. Page 2 contained the attestation clause and the signatures, at
the bottom thereof, of the 3 instrumental witnesses which included Lambert, the driver of Arthur; Yoly, the family cook, and
Attorney Zorba, the lawyer who prepared the will. There was a 3rd page, but this only contained the notarial acknowledgement.
The attestation clause stated the will was signed on the same occasion by Arthur and his instrumental witnesses who all signed in
the presence of each other, and the notary public who notarized the will. There are no marginal signatures or pagination
appearing on any of the 3 pages. Upon his death, it was discovered that apart from the house and lot, he had a P 1 million
account deposited with ABC bank.

(D). How should the house and lot, and the cash be distributed? (1%)

SUGGESTED ANSWER:
Since the probate of the will cannot be allowed, the rules on intestate succession apply. Under Art. 996 of the
Civil Code, if a widow or widower and legitimate children or descendants are left, the surviving spouse has the
same share as of the children. Thus, ownership over the house and lot will be created among wife Erica and
her children Bernice, Connie and Dora. Similarly, the amount of P 1 million will be equally divided among
them.

Intestate Succession; Rights of Representation: Illegitimate, Adopted Child; Iron Curtain Rule (2007)

No. X. For purpose of this question, assume all formalities and procedural requirements have been complied with.

In 1970, Ramon and Dessa got married. Prior to their marriage, Ramon had a child, Anna. In 1971 and 1972, Ramon and Dessa
legally adopted Cherry and Michelle respectively. In 1973, Dessa died while giving birth to Larry Anna had a child, Lia. Anna
never married. Cherry, on the other hand, legally adopted Shelly. Larry had twins, Hans and Gretel, with his girlfriend, Fiona. In
2005, Anna, Larry and Cherry died in a caraccident. In 2007, Ramon died. Who may inherit from Ramon and who may not?
Give your reason briefly. (10%)

SUGGESTED ANSWER:

The following may inherit from Ramon:

(1). Michelle, as an adopted child of Ramon, will inherit as a legitimate child of Ramon. As an adopted child,
Michelle has all the rights of a legitimate child (Sec 18, Domestic Adoption Law).

(2). Lia will inherit in representation of Anna. Although Lia is an illegitimate child, she is not barred by
Articles 992, because her mother Anna is an illegitimate herself. She will represent Anna as regards Anna's
legitime under Art. 902, NCC and as regards Anna's intestate share under Art. 990, NCC.

The following may not inherit from Ramon:

(1). Shelly, being an adopted child, she cannot represent Cherry. This is because adoption creates a personal
legal relation only between the adopter and the adopted. The law on representation requires the
representative to be a legal heir of the person he is representing and also of the person from whom the person
being represented was supposed to inherit. While Shelly is a legal heir of Cherry, Shelly is not a legal heir of
Ramon. Adoption created a purely personal legal relation only between Cherry and Shelly.

(2). Hans and Gretel are barred from inheriting from Ramon under Art. 992, NCC. Being illegitimate
children, they cannot inherit ab intestao from Ramon.

ALTERNATIVE ANSWER:

The problem expressly mentioned the dates of the adoption of Cherry and Michelle as 1971 and 1972. During
that time, adoption was governed by the New Civil Code. Under the New Civil Code, husband and wife were
allowed to adopt separately or not jointly with the other spouse. And since the problem does not specifically
and categorically state, it is possible to construe the use of the word "respectively" in the problem as
indicative of the situation that Cherry was adopted by Ramon alone and Michelle was adopted by Dessa alone.
In such case of separate adoption the alternative answer to the problem will be as follows: Only Lia will
inherit from Ramon in representation of Ramon's illegitimate daughter Anna. Although Lia is an illegitimate
child, she is not barred from inheriting from Ramon because her mother is herself illegitimate. Shelly cannot
inherit in representation of Cherry because Shelly is just an adopted child of Cherry. In representation, the
representative must not only be a legal heir of the person he is representing but also of the decedent
from whom the
represented person is supposed to inherit. In the case of Shelly, while she is a legal heir of Cherry by virtue of
adoption, she is not a legal heir of Ramon. Adoption creates a personal legal relation only between the
adopting parent and the adopted child (Teotico v. Del Val, 13 SCRA 406, 1965. Michelle cannot inherit from
Ramon, because she was adopted not by Ramon but by Dessa. In the eyes of the law, she is not related to
Ramon at all. Hence, she is not a legal heir of Ramon. Hans and Gretel are not entitled to inherit from Ramon,
because they are barred by Art. 992 NCC. Being illegitimate children of Larry, they cannot inherit from the
legitimate relatives of their father Larry. Ramon is a legitimate relative of Larry who is the legitimate father.

Page 3 of 8
Legitimes; Compulsory Heirs (2012)

No.VIII.b) How can RJP distribute his estate by will, if his heirs are JCP, his wife; HBR and RVC, his parents; and an illegitimate
child, SGO?

SUGGESTED ANSWER:

A testator may dispose of by will the free portion of his estate. Since the legitime of JCP is 1/8 of the estate,
SGO is ¼ of the estate and that of HBR and RVC is ½ of the hereditary estate under Art 889 of the NCC, the
remaining 1/8 of the estate is the free portion which the testator may dispose of by will.

Legitime; Compulsory Heirs (2008)

No. XII. Ernesto, an overseas Filipino worker, was coming home to the Philippines after working for so many years in the Middle
East. He had saved P100.000 in his saving account in Manila which intended to use to start a business in his home country. On
his flight home, Ernesto had a fatal heart attack. He left behind his widowed mother, his common-law wife and their twins sons.
He left no will, no debts, no other relatives and no other properties except the money in his saving account. Who are the heirs
entitled to inherint from him and how much should each receive?(3%)

SUGGESTED ANSWER:

The mother and twin sons are entitled to inherit from Ernesto. Art. 991 of the Civil Code, provides that if
legitimate ascendants are left, the twin sons shall divide the inheritance with them taking one-half of the
estate. Thus, the widowed mother gets P50,000.00 while the twin sons shall receive P25,000.00 each. The
common-law wife cannot inherit from him because when the law speaks "widow or widower" as a compulsory
heir, the law refers to a legitimate spouse (Art. 887, par 3, Civil Code).

Preterition; Disinheritance (2008)

No.X. Arthur executed a will which contained only: (i) a provision disinheriting his daughter Bernica for running off with a
married man, and (ii) a provision disposing of his share in the family house and lot in favor of his other children Connie and
Dora. He did not make any provisions in favor of his wife Erica, because as the will stated, she would anyway get ½ of the house
and lot as her conjugal share. The will was very brief and straightforward and both the above provisions were contained in page
1, which Arthur and his instrumental witness, signed at the bottom. Page 2 contained the attestation clause and the signatures,
at the bottom thereof, of the 3 instrumental witnesses which included Lambert, the driver of Arthur; Yoly, the family cook, and
Attorney Zorba, the lawyer who prepared the will. There was a 3rd page, but this only contained the notarial acknowledgement.
The attestation clause stated the will was signed on the same occasion by Arthur and his instrumental witnesses who all signed
in the presence of each other, and the notary public who notarized the will. There are no marginal signatures or pagination
appearing on any of the 3 pages. Upon his death, it was discovered that apart from the house and lot, he had a P 1 million
account deposited with ABC bank.

(A). Was Erica preterited? (1%)

SUGGESTED ANSWER:

Erica cannot be preterited. Art. 854 of the Civil Code provides that only compulsory heirs in the direct line can
be preterited.

(B). What other defects of the will, if any, can cause denial of probate? (2%)

SUGGESTED ANSWER:

The other defects of the will that can cause its denial are as follows: (a) Atty. Zorba, the one who prepared the
will was one of the three witnesses, violating the three-witnesses rule; (b) no marginal signature at the last
page; (c ) the attestation did not state the number of pages upon which the will is written; and, (d) no
pagination appearing correlatively in letters on the upper part of the three pages (Azuela v. C.A., G.R No.
122880, 12 Apr 2006 and cited cases therein, Art 805 and 806, Civil Code).

(C). Was the disinheritance valid? (1%)

SUGGESTED ANSWER:

Yes, the disinheritance was valid. Art. 919, par 7, Civil Code provides that "when a child or descendant leads a
dishonorable or disgraceful life, like running off with a married man, there is sufficient cause for
disinheritance."

Succession; Proof of Death between persons called to succeed each other (2008)

No. II. At age 18, Marian found out that she was pregnant. She insured her own life and named her unborn child as her sole
beneficiary. When she was already due to give birth, she and her boyfriend Pietro, the father of her unboarn child, were kidnapped
in a resort in Bataan where they were vacationing. The military gave chase and after one week, they were found in an abandoned
hut in Cavite. Marian and Pietro were hacked with bolos. Marian and the baby delivered were both found dead, with the baby's
umbilical cord already cut. Pietro survived.

(B). Between Marian and the baby, who is presumed to have died ahead? (1%)

SUGGESTED ANSWER:

Marian is presumed to have died ahead of the baby. Art. 43 applies to persons who are called to succeed each
other. The proof of death must be established by positive or circumstantial evidence derived from facts. It can
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never be established from mere inference. In the present case, it is very clear that only Marian and Pietro were
hacked with bolos. There was no showing that the baby was also hacked to death. The baby's death could have
been due to lack of nutrition.

ALTERNATIVE ANSWER:

The baby is presumed to have died ahead of Marian. Under Par. 5, rule 131, Sec. 5 (KK) of the Rules of Court, if
one is under 15 or above 60 and the age of the other is in between 15 and 60, the latter is presumed to have
survived. In the instant case, Marian was already 18 when she found out that she was pregnant. She could be of
the same age or maybe 19 years of age when she gave birth.

(C). Will Pietro, as surviving biological father of the baby, be entitled to claim the proceeds of the life insurance on the life of
Marian? (2%)

SUGGESTED ANSWER:

Pietro, as the biological father of the baby, shall be entitled to claim the proceeds of life insurance of the
Marian because he is a compulsory heir of his child.

Succession; Rule on Survivorship (2009)

No. II. Dr. Lopez, a 70-year old widower, and his son Roberto both died in a fire that gutted their home while they were sleeping
in their air-conditioned rooms. Roberto’s wife, Marilyn, and their two children were spared because they were in the province at
the time. Dr. Lopez left an estate worth P20M and a life insurance policy in the amount of P1M with his three children --- one of
whom is Roberto --- as beneficiaries.

Marilyn is now claiming for herself and her children her husband’s share in the estate left by Dr. Lopez, and her husband’s
share in the proceeds of Dr. Lopez’s life insurance policy. Rule on the validity of Marilyn’s claims with reasons. (4%)

SUGGESTED ANSWER :

As to the Estate of Dr. Lopez: Marilyn is not entitled to a share in the estate of Dr. Lopez. For purpose of
succession, Dr. Lopez and his son Roberto are presumed to have died at the same time, there being no
evidence to prove otherwise, and there shall be no transmission of rights from one to the other (Article 43,
NCC). Hence, Roberto, inherited nothing from his father that Marilyn would in turn inherit from Roberto
.The children of Roberto, however, will succeed their grandfather, Dr. Lopez ,in representation of their father
Roberto and together Roberto will receive 1/3 of the estate of Dr. Lopez since their father Roberto was one of
the three children of Dr. Lopez . Marilyn cannot represent her husband Roberto because the right is not given
by the law to a surviving spouse.

As to the proceeds of the insurance on the life of Dr. Lopez:

Since succession is not involved as regards the insurance contract, the provisions of the Rules of Court (Rule
131, Sec. 3 , [jj] [5] ) on survivorship shall apply. Under the Rules, Dr. Lopez, who was 70 years old, is
presumed to have died ahead of Roberto who is presumably between the ages 15 and
60. Having survived the insured, Roberto's right as a beneficiary became vested upon the death of Dr. Lopez.
When Roberto died after Dr. Lopez, his right to receive the insurance became part of his hereditary estate,
which in turn was inherited in equal shares by his legal heirs, namely, his spouse and children. Therefore,
Roberto's children and his spouse are entitled to Roberto's one-third share in the insurance proceeds.

Wills; Holographic Wills; Insertions & Cancellations (2012)

No.VII.a) Natividad’s holographic will, which had only one (1) substantial provision, as first written, named Rosa as her sole
heir. However, when Gregorio presented it for probate, it already contained an alteration, naming Gregorio, instead of Rosa, as
sole heir, but without authentication by Natividad’s signature. Rosa opposes the probate alleging such lack of proper
authentication. She claims that the unaltered form of the will should be given effect. Whose claim should be granted? Explain.
(5%)

SUGGESTED ANSWER:

It depends. If the cancellation of Rosa’s name in the will was done by the testator himself, Rosa’s claimed
that the holographic will in its original tenor should be given effect must be denied. The said cancellation
has revoked the entire will as nothing remains of the will after the name of Rosa was cancelled. Such
cancellation is valid revocation of the will and does not require authentication by the full signature of the
testator to be effective.

However, if the cancellation of Rosa’s name was not done by the testator himself, such cancellation shall not
be effective and the will in its original tenor shall remain valid. The effectively of the holographic will cannot
be left to the mercy of unscrupulous third parties.

The writing of Gregorio’s name as sole heir was ineffective, even though written by the testator himself,
because such is an alteration that requires authentication by the full signature of the testator to be valid and
effective. Not having an authenticated, the designation of Gregorio as an heir was ineffective, (Kalaw v. Relova,
G.R. No. L-40207, Sept 28, 1984).

Wills; Holographic Wills; Probate (2009)

No.VI. On December 1, 2000, Dr. Juanito Fuentes executed a holographic will, wherein he gave nothing to his recognized
illegitimate son, Jay. Dr. Fuentes left for the United States, passed the New York medical licensure examinations, resided

Page 5 of 8
therein, and became a naturalized American citizen. He died in New York in 2007. The laws of New York do not recognize
holographic wills or compulsory heirs.

(A). Can the holographic will of Dr. Fuentes be admitted to probate in the Philippines? Why or why not? (3%)

SUGGESTED ANSWER:

Yes, the holographic will of Dr. Fuentes may be admitted to probate in the Philippines because there is no
public policy violated by such probate. The only issue at probate is the due execution of the will which includes
the formal validity of the will. As regards formal validity, the only issue the court will resolve at probate is
whether or not the will was executed in accordance with the form prescribed by the law observed by the
testator in the execution of his will. For purposes of probate in the Philippines, an alien testator may observe
the law of the place where the will was executed (Art 17, NCC), or the formalities of the law of the place where
he resides, or according to the formalities of the law of his own country, or in accordance with the Philippine
Civil Code (Art. 816, NCC). Since Dr. Fuentes executed his will in accordance with the Philippine law, the
Philippine court shall apply the New Civil Code in determining the formal validity of the holographic will. The
subsequent change in the citizenship of Dr. Fuentes did not affect the law governing the validity of his will.
Under the new Civil Code, which was the law used by Dr. Fuentes, the law enforced at the time of execution of
the will shall govern the formal validity of the will (Art. 795, NCC).

(B). Assuming that the will is probated in the Philippines, can Jay validly insist that he be given his legitime? Why or why not?
(3%)

SUGGESTED ANSWER:

No, Jay cannot insist because under New York law he is not a compulsory heir entitled to a legitime.

The national law of the testator determines who his heirs are, the order that they succeed, how much their
successional rights are, and whether or not a testamentary disposition in his will is valid (Art 16, NCC). Since,
Dr. Fuentes was a US citizen, the laws of the New York determines who his heirs are. And since the New York
law does not recognize the concept of compulsory heirs, Jay is not a compulsory heir of Dr. Fuentes entitled
to a legitime.

Wills; Joint Wills (2008)

No. XI. John and Paula, British citizens at birth, acquired Philippine citizenship by naturalization after their marriage. During
their marriage the couple acquired substanial landholdings in London and in Makati. Paula bore John three children, Peter,
Paul and Mary. In one of their trips to London, the couple executed a joint will appointing each other as their heirs and
providing that upon the death of the survivor between them the entire estate would go to Peter and Paul only but the two could
not dispose of nor divide the London estate as long as they live. John and Paul died tragically in the London Subway terrorist
attack in 2005. Peter and Paul filed a petition for probate of their parent's will before a Makati Regional Trial Court.

(A). Should the will be admitted to probate? (2%)

SUGGESTED ANSWER:

No. The will cannot be admitted to probate because a joint will is expressly prohibited under Art. 818 of the
Civil Code. This provision applies John and Paula became Filipino citizens after their marriage.

(B). Are the testamentary dispositions valid? (2%)

SUGGESTED ANSWER:

No. The testamentary dispositions are not valid because (a) omission of Mary, a legitimate child, is
tantamount to preterition which shall annul the institution of Peter and Paul as heirs (Art. 854, Civil Code);
and, (b) the disposition that Peter and Paul could not dispose of nor divide the London estate for more than
20 years is void (Art. 870, Civil Code).

Wills; Joint Wills; Probate (2012)

No.VII.b) John Sagun and Maria Carla Camua, British citizens at birth, acquired Philippine citizenship by naturalization after
their marriage. During their marriage, the couple acquired substantial landholdings in London and in Makati. Maria begot three
(3) children, Jorge, Luisito, and Joshur. In one of their trips to London, the couple executed a joint will appointing each other as
their heirs and providing that upon the death of the survivor between them, the entire estate would go to Jorge and Luisito only
but the two (2) could not dispose of nor divide the London estate as long as they live. John and Maria died tragically in the
London subway terrorist attack in 2005. Jorge and Luisito filed a petition for probate of their parents’ will before a Makati
Regional Trial Court. Joshur vehemently objected because he was preterited.

(1) Should the will be admitted to probate? Explain. (2%)

SUGGESTED ANSWER:

No, the will should not be admitted to probate. Since the couples are both Filipino citizens, Art 818 and 819 of
the NCC shall apply. Said articles prohibits the execution of joint wills and make them void, even though
authorized of the country where they were executed.

(2) Are the testamentary dispositions valid? Explain. (2%)

SUGGESTED ANSWER:

Since the joint will is void, all the testamentary disposition written therein are also void. However, if the will is
valid, the institutions of the heirs shall be annulled because Joshur was preterited. He was preterited because
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he will receive nothing from the will, will receive nothing in testacy, and the facts do not show that he received
anything as an advance on his inheritance. He was totally excluded from the inheritance of his parents.

(3) Is the testamentary prohibition against the division of the London estate valid? Explain. (1%)

SUGGESTED ANSWER:

Assuming the will of John and Maria was valid, the testamentary prohibition on the division of the London
estate shall be valid but only for 20 years. Under Arts 1083 and 494 of the NCC, a testamentary disposition of
the testator cannot forbid the partition of all or part of the estate for a period longer than twenty (20) years.

Wills; Prohibition to Partition of a CoOwned Property (2010) No.I. True or False.

(B) X, a widower, died leaving a will stating that the house and lot where he lived cannot be partitioned for as long as the
youngest of his four children desires to stay there. As coheirs and co-owners, the other three may demand partition anytime.
(1%)

SUGGESTED ANSWER:

FALSE, The other three co – heirs may not anytime demand the partition of the house and lot since it was
expressly provided by the decedent in his will that the same cannot be partitioned while his youngest child
desires to stay there. Article 1083 of the New Civil Code allows a decedent to prohibit, by will, the partition of
a property and his estate for a period not longer than 20 years no matter what his reason maybe. Hence, the
three co-heir cannot demand its partition at anytime but only after 20 years from the death of their father.
Even if the deceased parent did not leave a will, if the house and lot constituted their family home, Article 159
of the Family Code prohibits its partition for a period of ten (10) years, or for as long as there is a minor
beneficiary living in the family home.

Wills; Notarial Wills; Blind Testator; Requisites (2008)

No. XIV. Stevie was born blind. He went to school for the blind, and learned to read in Baille Language. He Speaks English
fluently. Can he:

(A). Make a will? (1%)

SUGGESTED ANSWER:

Assuming that he is of legal age (Art. 797, Civil Code) and of sound mind at the time of execution of the will
(Art. 798, Civil Code), Stevie, a blind person, can make a notarial will, subject to compliance with the "two-
reading rule" (Art. 808, Civil Code) and the provisions of Arts. 804, 805 and 806 of the Civil Code.

(B). Act as a witness to a will? (1%)

SUGGESTED ANSWER:

Stevie cannot be a witness to a will. Art. 820 of the Civil Code provides that "any person of sound mind and of
the age of eighteen years or more, and not blind, deaf or dumb, and able to read and write, may be a witness
to the execution of a will.

(C). In either of the above instances, must the will be read to him? (1%)

SUGGESTED ANSWER:

If Stevie makes a will, the will must be read to him twice, once by one of the subscribing witnesses, and again,
by the notary public before whom the will is acknowledged (Art. 808, Civil Code).

Wills; Testamentary Disposition; Period to Prohibit Partition (2008)

No. XI. John and Paula, British citizens at birth, acquired Philippine citizenship by naturalization after their marriage. During
their marriage the couple acquired substanial landholdings in London and in Makati. Paula bore John three children, Peter, Paul
and Mary. In one of their trips to London, the couple executed a joint will appointing each other as their heirs and providing that
upon the death of the survivor between them the entire estate would go to Peter and Paul only but the two could not dispose of
nor divide the London estate as long as they live. John and Paul died tragically in the London Subway terrorist attack in 2005.
Peter and Paul filed a petition for probate of their parent's will before a Makati Regional Trial Court.

(C). Is the testamentary prohibition against the division of the London estate valid? (2%)

SUGGESTED ANSWER:

No. the testamentary prohibition against the division of the London estate is void (Art. 870, Civil Code). A
testator, however, may prohibit partition for a period which shall not exceed twenty (20) years (Art. 870 in
relation to Art. 494, par 3, Civil Code).

Wills; Witnesses to a Will, Presence required; Thumbmark as Signature (2007)

No.VI. Clara, thinking of her mortality, drafted a will and asked Roberta, Hannah, Luisa and Benjamin to be witnesses. During
the day of signing of her will, Clara fell down the stairs and broke her arms. Coming from the hospital, Clara insisted on signing
her will by thumb mark and said that she can sign her full name later. While the will was being signed, Roberta experienced a

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stomach ache and kept going to the restroom for long periods of time. Hannah, while waiting for her turn to sign the will, was
reading the 7th Harry Potter book on the couch, beside the table on which everyone was signing. Benjamin, aside from
witnessing the will, also offered to notarize it. A week after, Clara was run over by a drunk driver while crossing the street in
Greenbelt.

May the will of Clara be admitted to probate? Give your reasons briefly. (10%)

SUGGESTED ANSWER:

Probate should be denied. The requirement that the testator and at least three (3) witnesses must sign all in
the "presence" of one another was not complied with. Benjamin who notarized the will is disqualified as a
witness, hence he cannot be counted as one of the three witnesses (Cruz v. Villasor, 54 SCRA 31, 1973). The
testatrix and the other witnesses signed the will not in the presence of Roberta because she was in the
restroom for extended periods of time. Inside the restroom, Roberta could not have possibly seen the testatrix
and the other witnesses sign the will by merely casting her eyes in the proper direction (Jaboneta v. Gustilo, 5
Phil 541, 1906; Nera v. Rimando, 18 Phil 451, 1914). Therefore, the testatrix signed the will in the presence of
only two witnesses, and only two witnesses signed the will in the presence of the testatrix and of one another.

It is to be noted, however, that the thumb mark intended by the testator to be his signature in executing his
last will and testament is valid (Payad v. Tolentino, 62 Phil 848, 1936; Matias v. Salud, L-104 Phil 1046, 23
June, 1958). The problem, however, states that Clara "said that she can sign her full name later;" Hence, she
did not consider her thumb mark as her "complete" signature, and intended further action on her part. The
testatrix and the other witness signed the will in the presence of Hannah, because she was aware of her
function and role as witness and was in a position to see the testatrix and the other witnesses sign by merely
casting her eyes in the proper direction.

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