Ga, Vanessa May C.

SUCCESSION 1st Semester 2020

FINAL EXAM

INSTRUCTIONS
 
  This questionnaire consists of Part I twenty (20) items for
Multiple Choice Questions and Part II six (6) numbers for essay type
questions.  Read each question very carefully.  Answer the Multiple
Choice Questions in the space provided after the last item. Answer
clearly and concisely the essay question.

GOOD LUCK!!!

Part I: Multiple Choice Questions (1 pt. each)

1. "I give 1/3 of my estate to BSU Organization, a non-incorporated

organization." Is this valid?
a. This is valid because corporation may succeed under a will.
b. This is not valid because corporation cannot succeed under a
will.
c. This is valid because BSU Organization is existing.
d. This is not because BSU Organization has no juridical
personality.

2. Which is correct?
a. The effects of the acceptance or repudiation shall not retroact
to the moment of the death of the decedent.
b. A person may accept or repudiate an inheritance before or
after the death of the person from whom he is to inherit
c. Any inheritance left to minors or incapacitated persons can be
accepted by their parents or guardians only by juridical
authorization
d. Parents or guardians may repudiate the inheritance left to
their wards only by judicial authorization.

3. The testator executed a will following the formalities required by

the law on succession without designating any heir. The only
testamentary disposition in the will is the recognition of the
testator’s illegitimate child with a popular actress. Is the will valid?
a. Yes, since in recognizing his illegitimate child, the testator has
made him his heir.
b. No, because the non-designation of heirs defeats the purpose
of a will.
c. No, the will comes to life only when the proper heirs are
instituted.

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 d. Yes, the recognition of an illegitimate heir is an ample reason
for a will.

4. Additional requisite for a Notarial Will if the testator be deaf or a

def-mute:
a. he shall designate two persons to read it and communicate to
him, in some practicable manner, its contents.
b. The will shall be read to the testator twice by one of the
subscribing witnesses and by the notary public before whom
the will is acknowledged
c. Subscribed at the end by the testator himself or by the
testator’s name written by some other person in his presence,
and by his express direction
d. Attested & subscribed by three or more credible witnesses in
the presence of the testator and of one another

5. After A has executed a will, he tore it out of anger because B and

C were disputing the fact that a house and lot at San Lorenzo
Village should have been given by A to C when the will gives it to
B. Discuss whether the will was revoked or not.
a. The mere act of A is immaterial
b. The tearing of the will may amount to revocation.
c. The tearing of the will may amount to revocation if coupled with
intent of revoking it
d. The act of tearing the will is material.

6. In his will, the testator designated X as a legatee to receive P2

million for the purpose of buying an ambulance that the residents
of his Barangay can use. What kind of institution is this?
a. a fideicomissary institution.
b. a modal institution.
c. a conditional institution.
d. a collective institution.

7. Fernando executed a will, prohibiting his wife Marina from

remarrying after his death, at the pain of the legacy of P100
Million in her favor becoming a nullity. But a year after Fernando’s
death, Marina was so overwhelmed with love that she married
another man.  Is she entitled to the legacy, the amount of which is
well within the capacity of the disposable free portion of
Fernando’s estate?
a. Yes, since the prohibition against remarrying is absolute, it is
deemed not written.
b. Yes, because the prohibition is inhuman and oppressive and
violates Marina’s rights as a free woman.
c. No, because the nullity of the prohibition also nullifies the
legacy.

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 d. No, since such prohibition is authorized by law and is not
repressive; she could remarry but must give up the money.

8. A executed a will consisting of ten pages. At the probate, B, one of

his children interposed an opposition on the ground that one of the
pages of the same has not been signed by one of the witnesses.
Rule on the opposition.
a. The testator and the instrumental witnesses must sign
b. The defect is fatal if there is failure to have the origin
signatures.
c. If there was mere inadvertence of one of the true witnesses,
the will must be admitted.
d. The will should not be admitted

9. What is the effect if the second heir dies ahead of the first heir in a
fideicommisary substitution? Choose the best answer.
a. No, Transmission of right from the first heir of the second.
b. No right of representation
c. The right shall be transmitted to the heirs of the second heir.
d. None of the above.

10. Relative positions in the family between 2 persons

a. Concept of degree
b. Concept of lines
c. Full and half-blood relations in intestacy
d. Child of a brother or sister of the half blood

11. The attestation clause of X’s will do not contain his signature. At
its probate, it is being opposed on that basis. Is the opposition
correct? Choose the best answer.
a. Yes, because it is fatal defect.
b. Yes, the will is not valid.
c. No, attestation clause is not an act of the testator.
d. No, attestation clause is not a part of a will.

12. Which of the following is NOT a basis for rendering a

disinheritance defective or imperfect?
a. Its cause comes from the guilt of a spouse in a legal separation
case, the innocent-spouse having died.
b. The truth of its cause is denied and not sufficiently proved by
evidence.
c. Its cause is not authorized by the law.
d. Its cause is not specified.

13. Ric and Josie, Filipinos, have been sweethearts for 5 years. While
working in a European country where the execution of joint wills
are allowed, the two of them executed a joint holographic will
where they named each other as sole heir of the other in case

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 either of them dies.  Unfortunately, Ric died a year later.
Can Josie have the joint will successfully probated in the
Philippines?
a. Yes, in the highest interest of comity of nations and to honor the
wishes of the deceased.
b. No, since Philippine law prohibits the execution of joint wills and
such law is binding on Ric and Josie even abroad.
c. Yes, since they executed their joint will out of mutual love and
care, values that the generally accepted principles of
international law accepts.
d. Yes, since it is valid in the country where it was executed,
applying the principle of “lex loci celebrationis.”

14. A, 17 years old, executed a last will and testament. He died at the
age of 21, after which his will was submitted to probate. If you were
the judge, would you approve it?
a. Yes, because the will is valid.
b. Yes, because the testator is capacitated.
c. No, because the will is void
d. No. because the will is not accordance with law.

15. Pepito executed a will that he and 3 attesting witnesses signed

following the formalities of law, except that the Notary Public failed
to come. Two days later, the Notary Public notarized the will in his
law office where all signatories to the will acknowledged that the
testator signed the will in the presence of the witnesses and that
the latter themselves signed the will in the presence of the testator
and of one another.  Was the will validly notarized?
a. a. No, since it was not notarized on the occasion when the
signatories affixed their signatures on the will.
b. b. Yes, since the Notary Public has to be present only when the
signatories acknowledged the acts required of them in relation
to the will.
c. c. Yes, but the defect in the mere notarization of the will is not
fatal to its execution.
d. d. No, since the notary public did not require the signatories to
sign their respective attestations again.

16. An Australian living in the Philippines acquired shares of stock

worth P10 million 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.

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 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.

17. X owed Y P1.5 million. In his will, X gave Y legacy of P1 million

but the will provided that this legacy is to be set off against the
P1.5 million X owed Y. After the set off, X still owed Y P500,000.
Can Y still collect this amount?
a. Yes, because the designation of Y as legatee created a new
and separate juridical relationship between them, that of
testator-legatee.
b. It depends upon the discretion of the probate court if a claim is
filed in the testate proceedings.
c. No, because the intention of the testator in giving the legacy is
to abrogate his entire obligation to Y.
d. No, because X had no instruction in his will to deliver more
than the legacy of P1 million to Y.

18. Additional requisites for a Notarial Will if the if the testator be

blind.
a. he shall designate two persons to read it and communicate to
him, in some practicable manner, its contents.
b. The will shall be read to the testator twice by one of the
subscribing witnesses and by the notary public before whom
the will is acknowledged
c. Subscribed at the end by the testator himself or by the
testator’s name written by some other person in his presence,
and by his express direction
d. Attested & subscribed by three or more credible witnesses in
the presence of the testator and of one another

19. This is the method of computing the proximity of relationship

a. Concept of degree
b. Concept of lines
c. Full and half-blood relations in intestacy
d. Child of a brother or sister of the half blood

20. "I institute my son, and if he predeceases me, he will be

represented by his son." This is:
a. Representation
b. Substitution
c. Accretion
d. Subrogation

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ANSWER FOR MCQ’s

1.a 6.b 11.c 16.c

2.d 7.d 12.a 17.c
3.a 8.c 13.b 18.c
4.c 9.c 14.c 19.b
5.c 10.a 15.b 20.b

Part II: Essay Type Question

I. (5 pts.)

John is married to W and he has two legitimate children A and

B, two illegitimate children X and Y, his parents P1 and P2, and two
brothers B1 and B2. He has an estate of P10 million. John comes to
you for an advice because he wants to give as much as his properties
to his illegitimate child X. What is your advice?

Answer: I would advise H that as much as he wants to give his

property to his illegitimate child X, he must not impair the legitimes of
the compulsory heirs. Thus, the least he could do is to prepare his will
Hence, with the provisions provided by the Code, A and B is entitled
to P2,5000,000.00 each of the estate, W, the surviving spouse in also
entitled of P2,500,000.00. X and Y is entitled of P1,250,000.00 million
pesos each. His parents and brothers cannot inherit since
compulsory heirs are present. Therefore, H, upon making the will
must not impair the legitime of the compulsory heirs so that X's
inheritance will be given to him since institution of heirs will be valid
then.

II. (5 pts)

For purposes of this question, assume all formalities and

procedural requirements have been complied with.

In 1985, Pepe and Pilar got married. Prior to their marriage,

Pepe had a child, Anna. In 1986 and 1987, Pepe and Pilar legally
adopted Cherry and Michelle, respectively. In 1988, Pilar 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 2010, Anna, Larry, and

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Cherry died in a car accident. In 2012, Pepe died. Who may inherit
from Pepe and who may not? Give your reasons briefly.

Answer: Michelle can inherit on his own right. Hans and Gretel can
inherit Larry’s share by right of representation. Shelly, although
legally adopted cannot inherit because Cherry predeceased Pepe.
Lia cannot inherit Anna’s share since Anna predeceased Pepe, and
thus barred to inherit from Pepe on his own right.

III. (5 pts.)

A, an illegitimate child, died intestate survived by B, the brother

of his deceased mother, and C, his mother’s legitimate
granddaughter. Who can inherit from A? Reasons.

Answer: The law provides that an illegitimate child cannot inherit ab

intestate from the legitimate children or relatives of his presumed or
putative parent; neither can such legitimate children or relatives of his
presumed or putative parent inherit ab intestate from the illegitimate
child. On the case provided, B and C are legitimate relatives of A’s
mother, thus B and C cannot inherit from A. In default of persons
entitled to succeed, the State shall inherit the estate.

IV. (5 pts.)

Are the following subject to collation? Explain fully your

answers.

1. Gifts bestowed by the deceased father during his lifetime to

his son and to the latter’s spouse.

Answer: It is not subject to collation. the law considers such gifts as

ordinary donations inter vivos made to a stranger, and therefore,
chargeable or imputable against the disposable free portion.
However, it would be different if the gifts are bestowed to the spouses
jointly. In such case, 1/2 of the value of such gifts at the time when
the gifts were bestowed would then be charged or imputed against
the legitime of the son and the other 1/2 against the disposable free
portion.

2. Money paid by the deceased during his lifetime for the debts
of his brother.

Answer: It must be brought to collation. The money paid by the parent

is considered as an advance of the legitime of the son. Consequently,
in the partition of the hereditary estate, the amount shall be charged
or imputed against the legitime of said son.

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 V. (5 pts.)

A deceased, is survived by a half-sister B on his father’s side

and an aunt C his mother’s sister. He left as his only property that
which was inherited from his mother. He died intestate. Who shall
succeed to A’s estate? Reasons for your answer.

Answer: B shall succeed to A’s estate. The rule of proximity is

available since both B and C are collateral relatives of the decedent
A. Relatives nearest in degree exclude the more distant ones. B is a
second degree relative of A, while C is a third degree relative.
Besides, under the general order of intestate succession, brothers
and sisters, whether of the full or half-blood always exclude uncles or
aunts.

VI. (5 pts.)

. “T” died intestate on 1 September 2020. He was survived by M

(his mother), W (his widow), A and B (his legitimate children), C (his
grandson, being the legitimate son of B), D (his other grandson,
being the son of E who was a legitimate son of, and who
predeceased,”T”), and F (his grandson, being the son of G, a
legitimate son who repudiated the inheritance from “T”). His
distributable net estate is P12,000, 000.00.

How should this amount be shared in intestacy among the

surviving heirs?

Answer: A and B can inherit as compulsory heirs. C cannot inherit

from T since B, his father is still alive. D may not inherit by
representation but can inherit on his own right. Although G repudiated
his inheritance, F can still inherit on his own right. Thus, A and B can
inherit P3,000,000.00 each. W can inherit P3,000,000.00. D can
inherit P1,500,000.00 on his own right. F can inherit P1,500,000.00
on his own right. M, his mother, cannot inherit since capacitated
compulsory heirs are still present.