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Succession and Property
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Basic Principles of Succession up to Capacity and Intent
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Succession (4:34)Nature (4:34)Nature of the Succession: (2012) 91. The 91. The characteristics of succession are as follows, except: a) It is a legal contract. b) Only property, rights and obligations to the extent of the value of the inheritance are transmitted. c) The transmission takes place only at the time of death. d) The transmission takes place either by will or by operation of law. The answer will be found in definition of succession. In fact, before the family code, there have been debates whether there is a contractual succession. Contractual Succession is not anymore allowed. There will be no transmissible of successional rights through a contract. It has to comply with the formalities prescribed by law as to wills under Art 84 of FC: Donations of future property shall be governed by the provisions on the testamentary succession and the formalities of wills. (2012) 6:10 (2012)
92. The following rights are extinguished by death, except: a) Legal support b) Parental authority c) Right to inherit d) Agency Right to inherit will be vested or transmitted upon the death, not extinguished. B. 6:52 B.
Law governing form
The order of succession shall be governed by: a) the national law of the heir b) law of the country where the decedent died c) law of the country where the decedent a resident at the time of his death d) national law of the decedent e) law of the country where the property of the decedent where located. Art 16 para 2. However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, provisions, shall be regulated by the national law of the person person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. (10a) If you are given a set of facts, and it is clear that he is a citizen of France, then you should say that it is French Law because unde article 16 para 2, the order of succession shall be governed by national law of the decedent. Order of succession means who will be the first to succeed. Examples: the primary compulsory heirs will first to succeed, if none, the secondary compulsory heirs will succeed. Q: X, a citizen of France but a permanent resident of Canada, suffered a heart attack and died in Japan while attending a conference. He was survived by his wife, an American citizen, his parents, a sister and two children who are both Filipino citizens. He left properties in the Philippines and in France. He left a will which he executed in London. The capacity of his children to succee d shall be governed by the a. British law b. Law of Japan c. Law of Canada d. Philippine law e. French law French Law because the decedent is a citiz en of France and we follow the nationality principles. Common mistakes sa reason ay because art 16 para 2 provide sxxx! Maling mali! As far as capacity ti succeed is concerned, it is not covered by art 16, it is covered by art 1039. Capacity to succeed is covered by Art. 1039 which state that capacity to succeed is governed by the law of the nation of the decedent.
NB: Just because a person is an heir, does not mean that he will inherit. One good reason, the heir does not have the capacity to succeed. Or Ayaw niya mag inherit kasi trip lang niya. (2011) 60. 60. An Australian living in the Philippines acquired shares of stock worth P10million in food manufacturing companies. He died in Manila, leaving a legal wife and a child in Australia and a live-in partner with whom he had two children in Manila. He also left a will, done according to Philippine laws, leaving all his properties to his live-in partner and their children. What law will govern the validity of the disposition in the will? A. Australia law since his legal wife and legitimate child are Australians and domiciled in Australia. B. Australian law since the intrinsic validity of the provisions of a will is governed by the decedent’s national law. C. Philippine law since the decedent died in Manila and he executed his will according to such law. D. Philippine law since the decedent‘s properties are in the Philippines. Validity of the disposition in the will go to the intrinsic validity of will. And as far as intrinsic validity is concern, we follow nationality principles. So it is the nationality of the decedent. (2012) 4. The 4. The capacity of an heir to succeed shall be governed by the: a) national law of the decedent's heirs b) law of the country where the decedent was a resident at the time of his death c) national law of the person who died d) law of the country where the properties of the decedent are located. Law of the country where the properties of the decedent are located is the 1 st para of art 16. -Real property as well as personal property is subject to the law of the country where it is stipulated. (lex rei Sitae) but it is is not applicable as far as succession is concerned in relation as to aspect like order of succession, amount of successional rights, intrinsic validity of testamentary provisions and capacity to succeed . NB: Lex Rei Sitae would be relevant only as to the probate because would the probate proceedings prosper if there will no properties in the country where the petition is filed? Of course no. Q: The Q: The extrinsic validity of X a Filipino but a permanent resident of Canada shall be governed by? a) law of the country where the will was executed b) law of the country where the decedent died c) law of the country where the decedent a resident at the time of his death d) national law of the heir e) law of the country where the property of the decedent where located. Pag Filipino, Art 17 will be applicable. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the c ountry in which they are executed. (Lex Loci Celebrationis), as long as the will is consistent with the law of the country where the wills was executed, the will can be probated in this country. Pag ang tanong, May the will be probated? Ang premise niya ay sa pilipinas unless the problem is very clear that may the will be probated in Japan? But normally sa Philippines lagi. Reason dun is ano alam natin sa law ng Japan. Q: X, Q: X, a Filipino citizen but a permanent resident of Canada, suffered a heart attack and died in Japan while attending a conference. He was survived by his wife, an American citizen, his parents, a sister and two children who are both Filipino citizens. He left properties in the Philippines and in France. He left a will which he executed in London. The will of X may be probated if it was executed in accordance with the a. British law b. Law of Japan c. Law of Canada d. Philippine law e. French law
A: as far Philippines is concerned, aside from art 17 and art 815, would tell as that a Filipino who is in abroad may executed his will in accordance with law of the place where he maybe. This is consistent with Lex Loci Celebrationis. But there is nothing in Phil. Law which tells us that a Filipino who executed his will abroad may execute his will in accordance with Filipino law. Wala problema dito sa Pilipinas because that would be Lex Loci celebrationis. But if he executed his will in London, may he execute his will in accordance with Phil. Law? A: I fully agreed to the position that he may validity execute his will in accordance with Phil Law because that right is given to the alien under art 816 and 817 that an alien may executed his will in accordance with his national law. So if alien is given such a right, why a Filipino will not be given such right. Db? Para second citizen lang ang ating mga kababayan sa sariling batas natin. Phil law will be the answer. Applicable Laws; Arts 15, 16 & 17 (1998) Q: Juan is a Filipino citizen residing in Tokyo, Japan. State what laws govern: 2. His successional rights as regards his deceased Filipino father's property in Texas, U.S.A. a. Phil law because Juan is a Filipino b. Japanese law because Juan residing in Japan c. USA Law because the properties are located in US d. Phil law because the deceased is a Filipino Art. 16. Civil Code, a person's successional rights are governed by the national law of the decedent (2nd par.. Art. 16). Since Juan's deceased father was a Filipino citizen, Philippine law governs Juan's successional rights. 3. The extrinsic validity of the last will and testament which Juan executed while sojourning in Switzerland. The extrinsic validity of Juan's will is governed by (a) Swiss law, it being the law where the will was made (Art. 17. 1st par. Civil Code), Lex Loci celebrationis or Art 815 or (b) Philippine law, because Juan is a Filipino. by implication from the provisions of Art. 816, Civil Code, which allows even an alien who is abroad to make a will in conformity with our Civil Code. 4. The intrinsic validity of said will. The intrinsic validity of his will is governed by Philippine law, it being his national law. (Art. 16, Civil Code) (2012) 97. Any disposition made upon the condition that the heir shall make some provision in his will in favor of the testator or of any other person shall be void. Here, both the condition and the disposition are void. What principle is being referred to? a) reserva troncal b) preterition c) fideicommissary d) disposicion captatoria (void disposition) NB: If the examiner did not mention the nationality of the testator, you can presume that the decedent or testator is a Filipino. Therefore Phil law shall be governed and that principle is called dispisicion capatatoria which is a voed disposition. (2012) 8. If a will is executed by a testator who was born a Filipino citizen but became a naturalized Japanese citizen at the time of his death, what law will govern its testamentary provisions if the will is executed in China and the property being disposed is located in Indonesia? a) Chinese law b) Philippine law c) Indonesian law d) Japanese law (intrinsic validity)
The question governs by testamentary provisions and it pertains to the intrinsic validity. And because hindi na siya Filipino and naturalized Japanese citizen na siya. The answer will be Japanese law. It is the national law of the decedent shall be governed. (2012)5. Atty. BUKO, a Filipino, executed a will while he was in Spain. The attestation clause of the said will does not contain Buko's signature. It is valid under Spanish law. At its probate in Manila, it is being opposed on the ground that the attestation clause does not contain BUKO's signature. Is the opposition correct? a) Yes, because it is a fatal defect. b) Yes, the will is not valid under Philippine law. c) No, attestation clause is not an act of the testator. d) No, the governing law is Spanish law. The attestation clause means the formalities of the will. (lex loci celebrationis) nagkataon kasi na it is valid under Spanish law. Applicable Laws; Wills Executed Abroad (1993) A, a Filipino, executed a will in Kuwait while there as a contract worker. Assume that under the laws of Kuwait, it is enough that the testator affix his signature to the presence of two witnesses and that they will need not be acknowledged before a notary public. May the will be probated in the Philippines? a. Yes, because A is a Filipino b. Yes, because of Lex Loci Celebrationis c. No, because the will shall be governed by Phil La w d. No, Under the domiciliary law It may also answer depending on the kind of will, if it is a holographic will, then there‘s no need for the three witnesses and acknowledgement or even as a notarial will or ordinary will, the will may still be probated in accordance with lex loci celebrationis because it is valid under the law of place where the will was executed. Again, the witnesses and the acknowledgement go to the formalities. SUGGESTED ANSWER: Yes. Under Articles 815 and 17 of the Civil Code, (lex loci celebrationis) the formality of the execution of a will is governed by the law of the place of execution. If the will was executed with the formalities prescribed by the laws of Kuwait and valid there as such, the will is valid and may be probated in the Philippines. Wills; Formalities (1990) (1) If a will is executed by a testator who is a Filipino citizen, what law will govern if the will is executed in the Philippines? What law will govern if the will is executed in another country? Explain your answers. a. if he executed in the Philippines, Philippine law, both as to intrinsic and extrinsic b. if he executed in the Philippines, the law on the place where the properties were located both as to intrinsic and extrinsic c. if he executed in the abroad, the law on the place where the will was executed both as to intrinsic and extrinsic d. if he executed in the abroad, the law on the place where the properties were located both as to intrinsic and extrinsic SUGGESTED ANSWER: (1) a. If the testator who is a Filipino citizen executes his will in the Philippines, Philippine law will govern the formalities. b. If said Filipino testator executes his will in another country, the law of the country where he maybe or Philippine law will govern the formalities. (Article 815, Civil Code} NB: pag my validity ung tanong, always consider that there two aspects as far as validity of the will is concern. There are Intrinsic and Extrinsic validity. It should be cover both.
(2) If a will is executed by a foreigner, for instance, Japanese, residing in the Philippines, what law will govern if the will is executed in the Philippines? And what law will govern if the will is executed in Japan, or some other country, for instance, the U.S.A.? ART 816 the foreigner executed a will abroad 1. His national law 2. Domiciliary law 3. Philippine law 4. Lex Loci Celebrationis (817) As long as the will was executed of one of this four, it may be probated here in the Philippines. ART 817 the foreigner executed a will here in the Philippines. SUGGESTED ANSWER: (2) a. If the testator is a foreigner residing in the Philippines and he executes his will in the Philippines, the law of the country of which he is a citizen or Philippine law will govern the formalities. b. If the testator is a foreigner and executes his will in a foreign country, the law of his place of residence or the law of the country of which he is a citizen or the law of the place of execution, or Philippine law will govern. Q. X, a French national but a permanent resident of Canada, suffered a heart attack and died in Japan while attending a conference. He was survived by his wife, his parents, a sister and two children. He left properties in the Philippines and in Germany. He left a will which he executed in London. The will of X cannot be probated if it was executed in accordance with the a. Philippine law b. Law of Japan c. Law of Canada d. British law e. French law f. None of the above (2012)10. Pedro (Filipino) and his wife Jane (American) exec uted a joint will in Canada, where such joint will is valid. In case the joint will is probated in Japan, what law will govern the formalities of the joint will? a) American law b) Philippine law c) Canadian law d) Japanese law (2012) 13. The will of a Filipino executed in a foreign country a)cannot be probated in the Philippines; b) May be probated in the Philippines provided that properties in the estate are located in the Philippines; c) Cannot be probated before the death of the testator; d) May be probated in the Philippines provided it was executed in accordance with the laws of the place where the will was executed. As to form, and the testator is an alien who executed a will abroad 1. His national law or 2. Domiciliary law or 3. Philippine law 4. Lex Loci Celebrationis (817) The testator is an alien who executed a will here in the Philippines: 1. His national law or 2. Philippine law Probate; Holographic Will; Legitime (2009) 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 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 com pulsory heirs. a. Can the holographic will of Dr. Fuentes be admitted to probate in the Philippines? Why or why not?
a. b. c. d.
Yes, because an alien can execute a will under Philippine law Yes, because he was a Filipino when he executed the will No, because the law on New York do not recognize holographic will No, because the will was intrinsically void
SUGGESTED ANSWER: a) 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 Philippine law, the Philippine Court shall apply the NCC in determining the formal validity of the holographic will. Under the NCC, which was the law used by Dr. Fuentes, the law in force 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: b) 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 New York determines who his heirs are. And since New York law does not recognize the concept of compulsory heirs, Jay is not a compulsory heir of Dr. Fuentes entitled to a legitime. Applicable Laws; Succession; Intestate & Testamentary (2001) Alex was born a Filipino but was a naturalized Canadian citizen at the time of his death on December 25, 1998. He left behind a last will and testament in which he bequeathed all his properties, real and personal, in the Philippines to his acknowledged illegitimate Fillpina daughter and nothing to his two legitimate Filipino sons. The sons sought the annulment of the last will and testament on the ground that it deprived them of their legitimes but the daughter was able to prove that there were no compulsory heirs or legitimes under Canadian law. Who should prevail? Why? (5%) a. b. c. d.
The daughter because his two son is validly deprive The daughter because the Canadian law shall apply The two son because they cannot be validly deprive The two son because the will was executed by a Filipino
SUGGESTED ANSWER: The daughter should prevail because Article 16 of the New Civil Code provides that intestate and testamentary succession shall be governed by the national law of the person whose succession is under consideration. (47:07)(1985)Q: 10c An Englishman, who had resided in the Philippines for a long time, execute d a will in France disposing his real and personal property in Philippines. What law governs the validity of his will? Discuss A: with respect to the intrinsic validity of the will, it the English Law in force at the time of his death. With respect however to the extrinsic validity of the will, it is the law of England or of France or of the Philippines at the time of the execution of the will. As provided by law, the extrinsic validity of a will of an alien is governed by the law of the place where the will is executed, where he resides, where he is a national or by the civil code. The intrinsic validity of the will however shall be governed by the national law of the decedent. (1989)Q: 10.2 X, a Spanish citizen and a residing in Los Angeles, California, executed his will in Tokyo. A. May the will be probated in the Philippines? B. May his estate located in the Philippines be distributed in conformity with the provisions of the said will?
A: a. Yes, as long as it is in accordance either in Spanish law, California Law, Japan law or Phil Law. b. Yes, provided that the provisions conform to the order of succession and the amount of successional rights as regulated by Spanish law. Applicable Laws; Sucession of Aliens (1995) Michelle, the French daughter of Penreich, a German national, died in Spain leaving real properties in the Philippines as well as valuable personal properties i n Germany. 1. What law determines who shall succeed the deceased? Explain your answer and give it s legal basis. SUGGESTED ANSWER: Assuming that the estate of the decedent is being settled in the Philippines) 1. The national law of the decedent (French law) shall govern in determining who will succeed to his estate. The legal basis is Art. 16 par. 2, NCC. 2. What law regulates the distribution of the real properties in the Philippines? Explain your answer and give its legal basis. SUGGESTED ANSWER: 2. The distribution of the real properties in the Philippines shall be governed by French law. The legal basis is Art. 16, NCC). 3. What law governs the distribution of the personal properties in Germany? Explain your answer and give its legal basis. SUGGESTED ANSWER: 3. The distribution of the personal properties in Germany shall be governed by French law. The legal basis is Art. 16, NCC). (56:00) (1988)Q: 12c. A, a citizen of California,USA but domiciled in the Philippines, died testate in Manila, survived by two acknowledged natural children, B and C. In his will, he left more than P500,000 to B and only P300,000 to C. It is admitted that under the civil code of California, the domiciliary law of the decedent shall govern questions involving the validity of testamentary provisions. C, who is contesting the validity of the disposition in favour of B now contends that the Philippine laws with respect to succession are applicable. Is this correct? Give your reasons. A: yes, this is correct. The doctrine of renvoi is applicable in the instant case. Although the civil code in Article 16 states that the intrinsic validity of testamentary provisions shall be regulated by the decedent‘s national law, nevertheless, the civil code of the California declares that the decedent‘s domiciliary law shall govern. Hence, the question shall be referred back to the decedent ‘s domicile. In other words, the laws of the Philippines with respect to succession shall govern. Consequently, in the partition of the estate, c shall be given a share which must not be less than his legitime (Azner vs. Garcia, 7SCRA95) (Estate of Christensen) NB: Renvoi doctrine is not consistent with nationality principles; it is consistent with our law because we apply our law. We referred to the national law. However the national law referred back to our law. What if he is citizen of California, not the resident of Philippines but in Malaysia. Irefer natin sa California but the California refer to the third country, tawag dun transmission theory. Di na cover ng renvoi doctrine. Laws; Succession; Intestate & Tes tamentary (2001)
(1:00:53) SUBJECTS OF SUCCESSION Who are the subjects? Q: Whom I considered a superstar in Succession? A: It is the decedent. Always focus on the decedent because it is his properties which are to be distributed. Also the relationship will be depending on him.
NB: if the decedent executed a will, by all me ans called him a testator. Don‘t call him only a dece dent. If doesn‘t matter if the will is void. Still call him a testator the fact that there is a will. If he died intestate, he died without a will. Called him a decedent clearly pag walang will. Pag sinabi ng facts, ―he died intestator: then don‘t call him a testator. Call him decedent. Dun palang alam na ng examiner na di moa lam ung sinasabi mo. Pero kung may will regarding of the validity, call him a testator. Even it is void; there may be some effects as to that will. Example: in the case of (Dela Cerna vs. Potot) – the will was probated even if the will is extrinsically void because the will is a joint will which is executed by a Filipino which is not allowed here in Phil. The testator validly distributed his property using the void will. The judge releases this degree of probate and no one question, naging final and executory na ung degree. Kaya lahat bound to such will. If an illegitimate child is recognized in that will, it will have an effect even if the will is void. Filiation may be proven because there is a public instrument recognizing the child as an illegitimate child. Is a decedent a testator? Not necessarily, because he may have died without a will. But is a testator a decedent? Not necessarily, because a person called a testator if he executed a will. Natural buhay pa siya ung nagexecute siya ng will. Pag nagpetition of probate siya during his lifetime tawag sa kanya testator. But if he died with a will, testator parin siya. Normally ang may gusto sa topic na ito ay hindi ung namatay kundi ung heirs. As to the heir: There are two kinds of heirs under the civil code: 1. Heirs in general sense – a person is called to the inheritance either by will or by operation of law whether that person is a compulsory heir, voluntary heir, legal heir, legatee, devisee, and instituted heir. Heir siya in general sence. 2. Heirs in specific sense – a person to whom the aliquot portion or the entire estate is given. In order words, kung binigay sa kanya is ½, ¼, of estate or maybe the entire estate ang tawag sa kanya is heir in specific sense. Good examples are the provision on the institution of heirs. Legacy- Personal Property Device – Real Property The compulsory heirs of X, a Filipino, are, except a. His surviving spouse b. Illegitimate child c. His grandchild by a legitimate son d. Brother e. Legitimate daughter Of the ff. who survived X, who will not inherit if X died intestate? Who are not the intestate heir/ legal heir? a. His surviving spouse b. legitimate child c. His grandchild by a legitimate son who predecease d. Illegitimate daughter of his son who predecease e. legitimate daughter The legal heir of X, a Filipino, are, except a. The cousin of his grandmother b. Great grandchild c. First cousin d. Brother e. Child of a sister The legal heir of X, a Filipino, are, except a. widow b. illegitimate child c. child of the First cousin d. grandchild of the first cousin
The ff. can be a voluntary heir except a. compulsory heir b. legal heir c. the state d. the dog e. private corporation NB: if you want your dogs to benefit in your estate, you can do it. Give it a person with an obligation to those dogs. It is called MODAL INSTITUTION. There is a purpose bakit mo siya pinamanahan. Compulsory heirs predecease. May right of representation ung heirs nya. Ung voluntary lang, walang mamanahin Wills; Testamentary Disposition (2006) Don died after executing a Last Will and Testament leaving his estate valued at P12 Million to his common-law wife Rochelle. He is surviv ed by his brother Ronie and his half- sister Michelle. (1) Was Don's testamentary disposition of his estate in accordance with the law on succession? Whether you agree or not, explain your answer. Explain. SUGGESTED ANSWER: Yes, Don's testamentary disposition of his estate is in accordance with the law on succession. Don has no compulsory heirs not having ascendants, descendants nor a spouse [Art. 887, New Civil Code]. Brothers and sisters are not compulsory heirs. Thus, he can bequeath his entire estate to anyone who is not otherwise incapacitated to inherit from him. A common-law wife is not incapacitated under the law, as Don is not married to anyone. (2) If Don failed to execute a will during his lifetime, as his lawyer, how will you distribute his estate? Explain. (2.5%) SUGGESTED ANSWER: After paying the legal obligations of the estate, I will give Ronie, as full-blood brother of Don, 2/3 of the net estate, twice the share of Michelle, the half- sister who shall receive 1/3. Roshelle will not receive anything as she is not a legal heir [Art. 1006 New Civil Code]. (3) Assuming he died intestate survived by his brother Ronie, his half-sister Michelle, and his legitimate son Jayson, how will you distribute his estate? Explain. (2.5%) SUGGESTED ANSWER: Jayson will be entitled to the entire P12 Million as the brother and sister will be excluded by a legitimate son of the decedent. This follows the principle of proximity, where "the nearer excludes the farther." (4) Assuming further he died intestate, survived by his father Juan, his brother Ronie, his half-sister Michelle, and his legitimate son Jayson, how will you distribute his estate? Explain. (2.5%) SUGGESTED ANSWER: Jayson will still be entitled to the entire P12 Million as the father, brother and sister will be excluded by a legitimate son of the decedent [Art. 887, New Civil Code]. This follows the principle that the descendants exclude the ascendants from inheritance. Father is only a secondary compulsory heir.
Heirs; Intestate Heirs; Shares (2003) Luis was survived by two legitimate children, two illegitimate children, his parents, and two brothers. He left an estate of P1 million. Luis died intestate. Who are his intestate heirs, and how much is the share of each in his estate? SUGGESTED ANSWER: The intestate heirs are the two (2) legitimate children and the two (2) illegitimate children. In intestacy the estate of the decedent is divided among the legitimate and illegitimate children such that the share of each illegitimate child is one-half the share of each legitimate child. Their share are: For each legitimate child – P333,333.33 For each illegitimate child – P166,666.66
(Article 983, New Civil Code; Article 176, Family Code) Joanne married James, a person with no known relatives. Through James' hard work, he and his wife Joane prospered. When James died, his estate alone amounted to P100 million. If, in his will, James designates Joanne as his only heir, what will be the free portion of his estate? A. Joanne gets all; estate has no free portion left. B. Joanne gets 1/2; the other half is free portion. C. Joanne gets 1/3; the remaining 2/3 is free portion. D. Joanne gets 1/4; the remaining 3/4 is free portion. Legitime; Compulsory Heirs vs. Secondary Compulsory Heirs (2005) Emil, the testator, has three legitimate children, Tom, Henry and Warlito; a wife named Adette; parents named Pepe and Pilar; an illegitimate child, Ramon; brother, Mark; and a sister, Nanette. Since his wife Adette is well-off, he wants to leave to his illegitimate child as much of his estate as he can legally do. His estate has an aggregate net amount of Pl,200,000.00, and all the above-named relatives are still living. Emil now comes to you for advice in making a will. How will you distribute his estate according to his wishes without violating the law on testamentary succession? (5%) SUGGESTED ANSWER: P600,000.00 — legitime to be divided equally between Tom, Henry and Warlito as the legitimate children. Each will be entit led to P200,000.00. (Art. 888, Civil Code) P100,000.00 -- share of Ramon the illegitimate child. Equivalent to 1/2 of the share of each legitimate child. (Art.176, Family Code) P200,000.00 — Adette the wife. Her share is equivalent to the share of one legitimate child. (Art. 892, par. 2, Civil Code) Pepe and Pilar, the parents are only secondary compulsory heirs and they cannot inherit if the primary compulsory heirs (legitimate children) are alive. (Art. 887, par. 2, Civil Code) Brother Mark and sister Nanette are not compulsory heirs since they are not included in the enumeration under Article 887 of the Civil Code. The remaining balance of P300,000.00 is the free portion which can be given to the illegitimate child Ramon as an instituted heir. (Art. 914, Civil Code) If so given by the decedent, Ramon would receive a total of P400,000.00. (1982) Q 12 The testator has three children A B and C; a wife W; a father F; an acknowledged natural child N; and an adulterous child T. A is a handicapped child, and the testator wants to leave to him as much of his estate as he can legally do under the law. State the specific aliquot parts of the estate that the testator can leave A, B and C, as well as to his other aforementioned relatives. State how you arrive at the result. (Assume a net estate of P1,200,000 and that all of the above named relatives survived the testator.) A: Under the law on legitime, the survivors shall be entitled to the ff. legitime: 1. A B and C ½ of the estate which they shall divide in equal shares. Since the net value of the estate is P1200,000 each of them shall, therefore, be entitled to P200,000 2. W – the same as each of the legitimate children, or P200,000 3. F – none. F cannot participate in the succession because he is excluded by the legitimate children of the testator. 4. N – ½ of the legitime of each of the legitimate c hildren, P100,000 5. T – ½ of the legitime of each of the legitimate children, P100,000 6. Thus the freely disposable portion is P200,000. If the testator so desires, he can leabe this disposable portion to his son A. Successional Rights of Adopted Child (2004) A Filipino couple, Mr. and Mrs. BM, Jr., decided to adopt YV, an orphan from St. Claire‘s orphanage in New York City. They loved and treated her like a legitimate child for they have none of their very own. However, BM, Jr., died in an accident at sea, followed to the grave a year later by his sick father, BM, Sr. Each left a sizable estate consisting of bank deposits, lands and buildings in Manila. May the adopted child, YV, inherit from BM, Jr.? May she also inherit from BM, Sr.? Is there a difference? Why? Explain. (5%) SUGGESTED ANSWER: YV can inherit from BM, Jr. The succession to the estate of BM, Jr. is governed by Philippine law because he was a Filipino when he died (Article 16, Civil Code). Under Article 1039 of the Civil Code, the capacity of the heir to succeed is governed by the national law of the decedent and not by the
national law of the heir. Hence, whether or not YV can inherit from BM, Jr. is determined by Philippine law. Under Philippine law, the adopted inherits from the adopter as a legitimate child of the adopter. YV, however, cannot inherit, in his own right, from the father of the adopter, BM, Sr., because he is not a legal heir of BM, Sr. The legal fiction of adoption exists only between the adopted and the adopter. (Teotico v. Del Val 13 SCRA 406 ). Neither may he inherit from BM, Sr. by representing BM, Jr. because in representation, the representative must be a legal heir not only of the person he is representing but also of the decedent from whom the represented was supposed to inherit (Article 973, Civil Code). Kinds of Heirs 1. Compulsory heir is entitled to a specific portion known as legitime and they cannot be deprived of such except for a valid disinheritance. This heir will inherit despite a will even the testator give his property to somebody else, they will inherit as compulsory heir. a. Primary heir Ex. Legitimate children or descendants or legally adopted or artificial insemination b. Secondary heir can inherit only if there is no primary heir Ex. Legitimate parents or ascendants c. Concurring heir can inherit even in the presence of the primary or secondary Ex. Spouse or illegitimate children. 2. Voluntary or testamentary heir- he will inherit because of the will. If there is no will or the will is void, they cannot inherit. 3. Legal or intestate heir – the decedent died without a will or the will is void or despite of a will, not all the property is disposed of. Ex. In the collateral line within 5th civil degree. Q: Are legal heirs compulsory heir? Yes, the legal heir is the closest relative of the heirs. As a rule, all compulsory heirs are in the direct line except the spouse except sa preteration. Also related by blood expect spouse. (2011) 65. In the order of intestate succession where the decedent is legitimate, who is the last intestate heirs or heir who will inherit if all heirs in the higher level are disqualified or unable to inherit? A. Nephews and nieces. B. Brothers and sisters. C. State. D. Other collateral relatives up to the 5th degree of consanguinity. (2011)32. The decedent died intestate leaving an estate of P10 million. He left the following heirs: a) Marlon, a legitimate child and b) Cecilia, the legal spouse. Divide the estate. A. Marlon gets 1/4 and Cecilia gets 3/4. B. Marlon gets 2/3 and Cecilia 1/3. C. Marlon gets 1/2 and Cecilia gets 1/2. D. Marlon gets 3/4 and Cecilia 1/4 URIBE PART 2 (1:14:30) Just because a person is a compulsory heir, does not necessarily mean that he will inherit or that he will succeed. Many reason, wala nya magmana. As to who may succeed? The law provides that any person as long as they are not disqualified or prohibited by law. An heir may succeed as long as there is no law disqualifying or incapacitating him then he may inherit. 2 kind of incapacity: 1. Absolute incapacity – because this person cannot inherit from anyone, in whatever incapacity and thing. 2. Relative incapacity – because he is prohibited from inheriting only a per son or only for specific item or only as testamentary heir. Pwede parin siya as compulsory heir. Kaya relative lang ung incapacity. Who is considered as absolutely incapacitated? Heirs; Intestate Heirs; Reserva Troncal (1995) 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 ordere d 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 Is idro. 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 I sidro 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. 2. Does Irma have any successional rights at all? Discuss fully. ‗ a. yes, but she only inherit from her child because the child died after birth b. yes, she will inherit both to isidro and her child c. no, because the marriage is void d. no, because the child died a few minutes after a complete delivery SUGGESTED ANSWER: 2. Irma succeeded to the estate of Isidro as his surviving spouse to the estate of her legitimate child. When Isidro died, he was succeeded by his surviving wife Irma, and his legitimate unborn child. They divided the estate equally between them, the child excluding the parents of Isidro. An unborn child is considered born for all purposes favorable to it provided it is born later. The child was considered born because, having an intra-uterine life of more than seven months, it lived for a few minutes after its complete delivery. It was legitimate because it was born within the valid marriage of the parents. Succession is favorable to it. When the child died, Irma inherited the share of the child. However, the share of the child in the hands of Irma is subject to reserva troncal for the benefit of the relatives of the child within the third degree of consanguinity and who belong to the line of Isidro. ALTERNATIVE ANSWER: If the marriage is void, Irma has no successional rights with respect to Isidro but she would have successional rights with respect to the child. URIBE Part 3 Absolute incapacity- Art 1025 the law requires that for a person to inherit he must be living at the moment of opening of succession. For the person predecease, that is absolute incapacity. 7 months child- already acquired juridical personality and therefore inherits from his parents. Q: X who died in 2005, have 5 children A B C D and E who will not inherit from X? a. A, because he already a citizen of France at the time of the died of X b. B, because he already a permanent residence of Canada at the time of the died of X c. C, because he is suffering civil interdiction at the time of the died of X d. D, because he predecease X e. E, because he died before the filing of the petition of settlement of the estate of X even he died after the death of X f. Above of the above g. None of the above
Barrier between Illegitimate & Legitimate Relatives; Succesional Rights of an Adopted (2007) For purpose of this question, assume all formaliti es 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 car accident. In 2007, Ramon died. Who may i nherit from Ramon and who may not? Give your reason briefly. SUGGESTED ANSWER: B. Michelle and Lia if Anna is illegitimate child of Ramon The following may inherit from Ramon: 1. Michelle, as an adopted child Ramon, will inherit as a legitimate child of Ramon. As an adopted child, Michelle has all the rights of a legitimate child (Section 18, Domestic Adoption Law).
2. Lia will inherit in representation of Anna. Although Lia is an illegitimate child, she is not barred by Article 992, because her mother Anna is herself illegitimate. She will present Anna as regard‘s Anna‘s legitimate under Art. 902, NCC and as regards Anna‘s intestate share under Article 990, NCC. The following may not inherit from Ramon: 1. Shelly, being an adopted child, cannot represent Cherry. This is because adoption creates a per sonal legal relation only between the adopter and the adopted. The law on representation requires t he representative to be a legal heir of the person he is representing and also of the person from whom the person who 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 r elation only between Cherry and Shelly. 2. Hans and Gretel are barred from inheriting from Ramon under Article 992 of the New Civil Code. Being illegitimate children, they cannot inherit ab intestato from the legitimate relatives of their father or mother. Since Ramon is a legitimate relative of Larry, the illegitimate twin children of Larry are barred from inheriting ab intestato from Ramon.
Relative incapacity- there is certain persons who are only considered a relative incapacitated because they may not able to inherit only from specific person. In fact, they cannot inherit only as testamentary heir, but they can inherit as compulsory heir or legal heir. Or they may not able to inherit only the thing was given to him in the will. Persons who are considered a relative incapacitated are those mentioned in ART 1027 and 1028 basically. Q: Suppose that the beneficiary in a will is the wife of the minister of the gospel who rendered aid to the testator during the latter‘s last illness. Would she disqualified from inheriting from the testator? a. Yes because the law expressly incapacitates the spouse to the minister b. Yes because even the relative within the 4 th degree are incapacitated as long as it was spiritual aid it was extended. (1022 and 1047) c. No, because she is not one of those who considered incapacitated by law d. No, because she cannot be the legal wife of the minister Q: X died January 15, 2005 survived by his wife, Y and the paramour Z. A, a legitimate child of X died December 31 2004. Y gave birth to B on December 30, 2005. Z gave to C 5 months after t he died of X. However, C died 5 hours after birth. Who may inherit from X? c. C may inherit if he has an intra-uterine life of more than seven months.
Q: X died January 15, 2005 survived by his wife, Y and the paramour Z. A, a legitimate child of X died on December 31 2004. B an illegitimate child of died on March 1, 2005. Y gave birth C on January 2006. Z was 2 months pregnant at the time of the death of X and gave birth to D 4 month after X died. However D died 21 hours after birth. Who may inherit from X? A: B being illegitimate child. Q: In the will of X, A parcel of land given to A B C D. A was the priest who heard the confession of the testator 5 years before his death. B was the guardian of X. C was one of the attesting witnesses to the execution of the will of X. D was convicted of adultery. Who may inherit from X as a voluntary heir? A: All of the Above.
Q: A was the priest who heard the confession of the testator during his last illness. In the will of X, a parcel of the land was given to B. B, may be inher it if he is the a. First cousin of A b. Grandson of A c. Brother of A d. Father of A e. All of the above f. None of the above None will inherit. ART. 1027 para 2 ART 1032: act of unworthiness (31:00)
Q; X died leaving a last will and testament where stated that he was legally married to W by whom he had 2 legitimate children A and B which device to his force heir the entire estate except the free portion which he gave to Y was leaving with him at the time of his death. In the said will, he explain that he had estranged from his wife W more than 20 years and he‘s leaving with X was leaving a man and wife since he separate from his family. In the probate procee ding X asks for issuance of letter of the testamentary in the accordance of the will when he name as sole exe cutor. This was opposing by W and her children. Is the said device to X valid? Nde dapat device kundi institution of heir a. Yes because it did not impair the legitime of the compulsory heir b. Yes because she leaving as man and wife for more than 20 years c. No, because the devise impair the legitime of the compulsory heir d. No, because the prohibition in donation inter vivos where made applicable in testamentary provision (1028) Panu kung nagbreak na sila X? pwde nna ba? YES, it must made when they was still guilty of adulterous relationship. Q: The husband was granted a degree of separation on the ground of the adultery of the wife. May the wife inherit to the husband by intestate succession or by will? a. Yes because the a degree of separation on the gro und of the adultery does not incapacitate the guilty spouse b. Yes through a will where executed after the degree of separation was promulgated. c. No because the a degree of separation on the ground of the adu ltery does absolute incapacitate the guilty spouse d. No, she is no longer a legal wife. Paternity & Filiation; Proofs; Limitations; Adopted Child (1995) Abraham died intestate on 7 January 1994 survived by his son Braulio. Abraham's older s on Carlos died on 14 February 1990. Danilo who claims to be an adulterous child of Carlos intervenes in the proceedings for the settlement of the estate of Abraham in representation of Carlos. Danilo was legally adopted on 17 March 1970 by Carlos with the consent of the " latter's wife. 1. Under the Family Code, how may an illegitimate filiation be proved? Explain. 2. As lawyer for Danilo, do you have to prove Danilo's illegitimate filiation? Explain. 3. Can Danilo inherit from Abraham in representation of his father Carlos? Explain. SUGGESTED ANSWER: 1. Under Art. 172 in relation to Art. 173 andArt. 175 of the FC, the filiation of illegitimate children may be established in the same way and by the same evidence as legitimate children. Art. 172 provides that the filiation of legitimate children is established by any of the following: (1) the record of birth appearing in the civil register or a final Judgment; or (2) an admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned. In the absence of the foregoing evidence, the legitimate filiation shall be proved by: (1) the open and continuous poss ession of the status of a legitimate child; or (2) any other means allowed by the Rules of Court and special laws. SUGGESTED ANSWER: 2. No. Since Danilo has already been adopted by Carlos, he ceased to be an illegitimate child. An adopted child acquires all the rights of a legitimate child under Art, 189 of the FC. SUGGESTED ANSWER: 3. No, he cannot. Danilo cannot represent Carlos as the latter's adopted child in the inheritance of Abraham because adoption did not make Danilo a legitimate grandchild of Abraham. Adoption is personal between Carlos and Danilo. He cannot also represent Carlos as the latter's illegitimate child because in such case he is barred by Art. 992 of the NCC from inheriting from his illegitimate grandfather Abraham. ALTERNATIVE ANSWER: An adopted child's successional rights do not include the r ight to represent his deceased adopter in the inheritance of the latter's legitimate parent, in view of Art. 973 which provide that in order that representation may take place, the representative must himself be capable of succeeding the decedent. Adoption by itself did not render Danilo an heir of the adopter's legitimate parent. Neither does his being a grandchild of Abraham render him an heir of the latter because as an illegitimate child of Carlos, who was a legitimate child of Abraham, Danilo is incapable of succeeding Abraham under Art. 992 of the Code. Barrier Between Illegitimate & Legitimate Relatives (1993) A is the acknowledged natural 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? SUGGESTED ANSWER: No, the action of A will not prosper. On the premise that B, C and D are l egitimate brothers, as an illegitimate child of B, A cannot inherit in intestacy from C who is a legiti mate brother of B. Only the wife of C in her own right and the Legitimate relatives of C (i.e. the children of D as C's legitimate nephews inheriting as collateral relatives) can inherit in intestacy. (Arts. 992, 1001, 1OO5 and 975, Civil Code) ALTERNATIVE ANSWER: The action of A will not prosper. Being an illegitimate, he is barred by Article 992 of the Civil Code from inheriting ab intestato from the legitimate relatives of his father. OBJECT OF SUCCESSION (52:03) It is the question of what may be transmitted by successi on. A: Inheritance (Art 776) Heir is entitled to the rental payment but not form part of the inheritance but he is already the owner upon death of the decedent because of art 777. Q: A filed an action B. however, during the pendency of the case, A died. Can his heir validly claim to B substituted in that action? A: It depends on the nature of the action. If the action would pertain to transmissible property rights and obligation, then they may validly substitute. Because then the action will survive despite of death of A. The heir will acquired what the decease had. However, if the action is personal in character, (ex. For the annulment of the marriage) then, it will not prosper. The heir cannot be substituted in that action. (Bonilla vs Barcena) OPENING OF SUCCESSION Intestate Succession (2000) Eugenio died without issue, leaving several parcels of land in Bataan. He was survived by Antonio, his legitimate brother; Martina, the only daughter of his predeceased sister Mercedes; and five legitimate children of Joaquin, another predeceased brother. Shortly after Eugenio's death, Antonio also died, leaving three legitimate children. Subsequently, Martina, the children of Joaquin and the children of Antonio executed an extrajudicial settlement of the estate of Eugenio, dividing it among themselves. The succeeding year, a petition to annul the extrajudicial settlement was filed by Antero, an illegitimate son of Antonio, who claims he is entitled to share in the estate of Eugenio. The defendants filed a motion to dismiss on the ground that Antero is barred by Article 992 of the Civil Code from inheriting from the legitimate brother of his father. How will you resolve the motion? (5%) SUGGESTED ANSWER: It depends. If Antero was not acknowledged by Antonio, the motion to dismiss should be granted because Antero is not a legal heir of Antonio. If Antero was acknowledged, the motion should be denied because Article 992 is not applicable. This is because Antero is claiming his inheritance from his illegitimate father, not from Eugenio. Requisite for the transmission of successional rights 1. express will of the testator or provision of law 2. death of the person whose property is the subject of succession 3. acceptance of the inheritance Acceptance: Anu daw ung proper term sa ART 777? The right are transmitted from the moment of the death of the decedent. Author sabi na dapat vested kasi pag namatay, kelangan pa ng acceptance. Nde daw dapat transmitted, vested dapat. ATTY Uribe: The code is corrected that the right are transmitted. Because even if conditional ung testamentary disposition, the effect of happening of the condition retroacts as if he already acquired at the time of death. Anu effect kung hindi tinanggap ng heir? Somebody will acquired such property. Ang pinakadulo is ung State. Hindi aayaw ung state. A person has free disposal to be able to accept. Ex. Person suffer civil interdiction may not validly accept inheritance bcoz they cannot have free disposal of property. Death:
For purpose of succession when is death deemed to occur or take place? a. When it is declared by a doctor b. Death is a fact is deemed to occur when it is declared by a court of competent jurisdiction c. Upon issuance of the death certificate d. Presume death of an absentee under extra-ordinary circumstance is deemed to occur at the moment of disappearance Our law recognized a death as matter of fact and presumptive death. Ung kay Punongbayan, lasog lasog na ung katawan. Death as matter of fact ba to or presumptive death? Nde lang presume, but they really die. When they die? At the time the accident took place. When the person presume to have died? Under extra ordinary circumstances, pertain to a scenario when a person is in danger of death. Ordinary circustances- the person is not in danger of death. Nawala lang bigla. Nag disappear siya. When he considered died? When the heir can file an action for declaration of presumptive death and for partition? It depends on the age. If he is unless 75, it is be after 10 years pero pag more than 75, after 5 years lang. The petition is premature before the lapse of the period. And he will entitle only after lapse of the period. Pro pag kasama sa barkong lumuboog, tapos di nkita ung katawan, pwede bang mag file ng action for the declaration of the presumptive death? No, dapat 4 years But the court already declared death presumptively? When he will be considere d died? And therefore the heir will be entitled to the rentals of the mishaps? Yes. The heir be entitled from the very day the ship sunk. TWO PERSONS DIED WITH THE SAME ACCIDENT: Death; Effects; Simultaneous Death (2000) b) Cristy and her late husband Luis had two children, Rose and Patrick, One summer, her mother-inlaw, aged 70, took the two children, and then aged 10 and 12, with her on a boat trip to Cebu. Unfortunately, the vessel sank en route, and the bodies of the three were never found. None of the survivors ever saw them on the water. On the settlement of her mother-in-law's estate, Cristy files a claim for a share of her estate on the ground that the same was inherited by her children from their grandmother in representation of their father, and she inherited the same from them. Will her action prosper? (2%) a. Yes because Cristy inherited from her children what is inherited from her children is inherited to their grandmother in representation of their father b. Yes because under the survivorship rule her mother-in-law is presumed to have died ahead of her grandchildren c. No, because she is not a heir of her mother in law (rosales vs rosales) d. No, because they are deemed to have died at the same time therefore her children did not inherit from her mother in law It is the under the survivorship rule her mother-in-law is presumed to have died ahead of her grandchildren. (1:55:00) The survivorship rule is not applicable in succession. Art 43 of NCC. SUGGESTED ANSWER: No, her action will not prosper. Since there was no proof as to who died first, all the three are deemed to have died at the same time and there was no transmission of rights from one to another, applying Article 43 of the New Civil Code. Death; Effects; Simultaneous Death (1998) Jaime, who is 65, and hi s son, Willy, who is 25, died in a plane cra sh. There is no proof as to who died first. Jaime's only surviving heir is his wife, Julia, who is also Willy's mother. Willy's surviving heirs are his mother, Julia and his wife, Wilma. 1. In the settlement of Jaime's estate, can Wilma successfully claim that her late husband, Willy had a hereditary share since he was much younger than his father and, therefore, should be presumed to have surviv ed longer? (3%)
2. Suppose Jaime had a life insurance policy with his wife, Julia, and his son, Willy, as the beneficiaries. Can Wilma successfully claim that one-half of the proce eds should belong to Willy's estate? (2%) SUGGESTED ANSWER: 1. No, Wilma cannot successfully claim that Willy had a hereditary share in his father's estate. Under Art. 43, Civil Code, two persons "who are called to succeed each other" are presumed to have died at the same time, in the absence of proof as to which of them died first. This presumption of simultaneous death applies in cases involving the question of succession as between the two who died, who in this case are mutual heirs, being father and son. 2. Yet, Wilma can invoke the presumption of survivorship and claim that one-half of the proceeds should belong to Willy's estate, under Sec. 3 (jj) par. 5 Rule 131, Rules of Court, as the dispute does not involve succession. Under this presumption, the person between the ages of 15 and 60 years is deemed to have survived one whose age was over 60 at the time of their deaths. The estate of Willy endowed with juridical personality stands in place and stead of Willy, as beneficiary.
Death; Effects; Simultaneous Death (2009) 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 purposes of succession, Dr. Lopez and his son Roberto are presumed to have died at the time, there being no evidence to prove otherwise, and there be no transmission of rights from one to the other (Art. 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 they 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 of representation is not given by 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 provision 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 of 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 proceeds 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 1/3 share in the insurance proceeds. HOW THEY MAY ACQUIRE? Wills; Joint Wills (2000) Manuel, a Filipino, and his American wife Eleanor, executed a Joint Will in Boston, Massachusetts when they were residing in said city. The law of Massachusetts allows the execution of joint wills. Shortly thereafter, Eleanor died. Can the said will be probated in the Philippines for the settlement of her estate? (3%) SUGGESTED ANSWER: Yes, the will may be probated in the Philippines insofar as the estate of Eleanor is concerned. While the Civil Code prohibits the execution of Joint wills here and abroad, such absolute prohibition applies only to Filipinos. Hence, the joint will which is valid where executed is valid in the Philippines but only with respect to Eleanor. Under Article 819, it is void with respect to Manuel whose joint will remains void in the Philippines despite being valid where executed.
Requirement for the validity of the will (1986) Q: 14 Busalsal executed a will in his handwriting, signed by him at the end of each page on the left marginal space of every page except the last page. The document bore no date. However, below busalsal‘s every signature were the signatures of two witnesses, who later testified that the will was executed in their. Presence on January 1, 1985, New year‘s day, and that busalsal was in fu ll possession of his faculties at that time and even explained to them details of the will he was writing down. Is the will formally valid? Explain A: the will is not valid either as a notarial will or a holographic will. It is not valid as a notarial will because this requires 3 attesting witnesses. Neither is it a valid holographic will because the will must be entirely written, dated and signed in the handwriting of the testator. The fact that the witnesses testified as the date of execution did not cure the defect. Wills; Formalities (2007) 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 experien ced a 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. SUGGESTED ANSWER: Probate should be denied. The requirement that the testator and at least (3) witnesses must all sign 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 ).the testatrix and the other witnesses signed the will not in the presence of Roberta because she was in the restroom for extended period 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 ). Therefore, the testatrix signed her will in the presence of only two witnesses, and only two witnesses signed the will in the presence of the testatrix and one of another. It is to be noted, however, that a 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 ; Matias v. Salud, L-104 Phils. 1046, 23 June ). 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 witness sign by merely casting her e yes in the proper direction. Wills; Holographic Wills; Witnesses (1994) On his deathbed, Vicente was executing a will. In the room were Carissa, Carmela, Comelio and Atty. Cimpo, a notary public. Suddenly, there was a street brawl which caught Comelio's attentio n, prompting him to look out the window. Cornelio did not see Vicente sign a will. Is the will valid? SUGGESTED ANSWERS: a) Yes, The will is valid. The law does not require a witness to actually see the testator sign the will. It is sufficient if the witness could have seen the act of signing had he chosen to do so by casting his eyes to the proper direction. b) Yes, the will is valid. Applying the "test of position", although Comelio did not actually see Vi cente sign the will, Cornelio was in the proper position to see Vicente sign if Cornelio so wished. 1988 Q11: The probate of the will of Nicandro is contested on the gr ound that the notary public before whom the will, was acknowledged was also one of the three instrumental witnesses. If you were the probate judge, how would you decide the contest? Give you reasons. A: the will is void. The acknowledging officer cannot serve as attesting witness at the same time. In effect there are only two witnesses since the notary cannot swear before himself. (cruz vs villasor)
URIBE PART4 Special requiment as to blind person Q: If there is a proposition as to the probate that the grouns that the will was not read to the testator twice, but the testator was not blind at the time of death. Is it possible none the less that the will will be denied probate because of the failure to read the will twice to him? A: Yes the 1st reason is that the requirement that is should be read to him would be relevant if he was blind not the time of his death but at the time of the execution of the will. But even he was not blind at the time of the execution of the will, and there is failure to read the will twice, May it still denied probate? A: yes, as SC ruled that is also applicable if the testator have very poor eyesight which he cannot read the disposition of the will. It is also apply if the person is an illiterate and he cannot read what was written on the document. CODICIL Q: if an instrument would only have one provision in the will which is the revocation of a prior will. It state that ―So I hereby revoke the will which I executed in 1999‖ can we consider this instrument as a codicil? A: Definitely, no because a codicil by its nature is just a supplement, or addition to a will, with this instrument in a codicil a will is explain or altered only and not totally revoke. NB: that a codicil may revoke but the revocation here is only partial or alteration. Thus if it is a total alteration or revocation, that cannot be a codicil. Q: e ano tawag natin dun? Hindi rin siya will kasi it did not dispose any property. Simply put it is only a revocatory instrument. Q: As far as codicil is concern, for the disposition, alteration and revocation therein to be given effect, is it required that they comply with the formalities prescribed by law for the execution of the wills? A: Yes, this codicil must also be probated because the law required that the codicil must be executed as in the case of a will. (Parang will ung requirement) Q: But is it required that the witnesses in the will to the execution of the will, be the same witnesses in the codicil? Kung si A B and C ung witnesses sa will, sila parin ba dapat a ng witnesses sa codicil? A: Obviously No! It is not required because the codicil may be executed 30 years after the execution of the will. By that time, all the witnesses are alreary died. INCORPORATE BY REFERENCE/ INCORPORATION BY REFERENCE Q: A document which was executed not in accordance with the formalities prescribed by law, may the disposition therein be given effect? A: Yes, the disposition therein may be given effect by incorporation. (REPUBLICATION) Q: but by incorporation, is it required that in subsequent instrument which we can call a will, all the disposition must have been copied in the 2 nd or subsequent instrument? A: Not necessarily, it depends on the reason why the will is void. The disposition should all be copied in subsequent instrument would only applied if the reason why the will is void is because it is void as to form or it did not complied with the formalities prescribed by law, likes for ex. Walang attestation clause or 2 lang ung witness etc. But if the reason why the will is void not pertains as to form, the disposition therein can be given effect by incorporation by reference even without copying this entire disposition. Ex. Maybe the will was executed when he was only 16 years old, so when he became 18 years old, he executed an instrument and just refer to the prior will as far as disposition is concerned and that would be a valid disposition and can be given effect. (12:13) JURISDICTIONAL REQUIREMENT Before the court may go in to the matters that a probate court should inquire to. The court must be satisfied of the question of whether the will had been revoke or not. Because if the will has already been revoke, then nothing is there to be probate.
Q: Which of the ff. is absolutely true? a. Revocation is an act of the testator b. Revocation is by operation of law c. Revocation presupposes a valid act d. Revocation takes place only during the lifetime of the t estator e. None of the above Q: With the intention of revoking his will, X ask his son A, to get the envelope containing the will from his bag knowing that his heavily favour in the will, A replace a will with a deed of sale and give the envelope to his father. X immediately burn the envel ope without looking of his contents is there a? a. Revocation by implication by law b. Revocation by execution of subsequent instrument c. Revocation be destruction d. There is no revocation