I. 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%) 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. 1. Who are Peter’s legal heirs and how will his estate be divided among them? (5%) 2. Wh What at is th the e ef effe fect ct of th the e rec receip eiptt by Pe Pete ter’s r’s 3 ch child ildre ren n by his first first ma marri rriag age e of th their eir presumptive legitimes on their right to inherit following Peter’s death? (5%) 2009 PART I 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. (5%) 1. The doctrine of "processual presumption" allows the court of the forum to presume that the foreign law applicable to the case is the same as the local or domestic law. 2. In reserva troncal, all reservatarios (reservees) inherit as a class and in equal shares prepositus. tus. regardless of their proximity in degree to the preposi 3. An oral partnersh partnership ip is valid. 4. An oral promise promise of guaranty guaranty is valid valid and binding. binding. 5. A dead child child can be be legitimated. legitimated. V
Four children, namely: Alberto, Baldomero, Caridad, and Dioscoro, were born to the spouses Conrado Conrad o and Clarita de la Costa. The children’s birth certificates were duly signe signed d by Conrado, showing them to be the couple’s legitimate children. Later, Lat er, one Edilberto Edilberto de la Cruz executed executed a not notaria ariall doc docume ument nt ack acknow nowledg ledging ing Albe Alberto rto and Baldomero as his illegitimate children >with Clarita. Edilberto died leaving substantial properties. In the settlemen settlementt of his est estate ate,, Alb Alberto erto and Baldomero Baldomero intervened intervened cla claiming iming shares shares as the deceased’s illegitimate children. The legitimate family of Edilberto opposed the claim. Are Alberto Alberto and Baldomero Baldomero entitled entitled to share share in the estate of of Edilberto? Edilberto? Explain. Explain. (4%) VI
On Dec Decemb ember er 1, 200 2000, 0, Dr. Juanito Juanito Fue Fuente ntes s exe execut cuted ed a hol hologra ographic phic will, whe wherein rein he gave nothing to his recognized illegitimate son, Jay. Dr. Fuentes left for the United States, passed the New York medica medicall licensure examinations, 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 compulsory heirs. 1. Can the holographic will of Dr. Fuentes be admitted to probate in the Philippines? Why or why not? (3%) 2. Assuming that the will is probate probated d in the Philippine Philippines, s, can Jay validly insist that he be given his legitime? Why or why not? (3%) VII
Ramon Mayaman died intestate, leaving a net estate of P10,00 P10,000,000.0 0,000.00. 0. Determ Determine ine how much each heir will receive from the estate: 1. If Ramon is survived by his wife, three full-blood brothers, two half-brothers, and one nephew (the son of a deceased full-blood brother)? Explain. (3%)
2. If Ramon is survived by his wife, a half-sister, and three nephews (sons of a deceased full-blood brother)? Explain. (3%) 2008 VIII. (10%) In 1986, Jennifer and Brad were madly in love. In 1989, because a certain Picasso painting reminded Brad of her, Jennifer acquired it and placed it in his bedroom. In 1990, Brad and Jennifer broke up. While Brad was mending his broken heart, he met Angie and fell in love. Because the Picasso painting reminded Angie of him, Brad in his will bequeathed the painting to Angie.. Brad died in 1995. Angie 1995. Saddened Saddened by Brad's death, death, Jennifer Jennifer asked for the Picasso Picasso painting as a reme remembra mbrance nce of him him.. Ang Angie ie ref refuse used d and claimed claimed tha thatt Bra Brad, d, in his will, bequeath bequeathed ed the painting to her. Is Angie correct? Why or why not? X Arthur executed executed a will which contained contained only: (i) a provision disinheriting disinheriting his daughter 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 Attorne y Zorba, the lawyer lawyer who prepared prepared the will. There was a 3rd page, page, but this only contained 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. 1. Was Erica preterited? (1%) 2. What other defects of the will, if any, can cause denial of probate? (2%) 3. Was the disinheritance valid? (1%) 4. How should the house and lot, and the cash be distributed? (1%) 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 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. 1. Should the will be admitted to probate? (2%) 2. Are the testamenta testamentary ry dispositions dispositions valid? (2%) (2%) 3. Is the testamentary prohibition against the division of the London estate valid? (2%) 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. 1. Is the condition imposed upon Ruffa, to preserve the property and to transmit it upon her death to Scarlet, valid? (1%) 2. If Scarlet predeceases Ruffa, who inherits the property? (2%) 3. If Ruffa predeceases Raymond, can Scarlet inherit the property directly from Raymon Raymond? d? (2%) 2007 X (10%) 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, 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 inherit from Ramon and who may not? Give your reason brieftly; 2006 -XDon died after executing a Last Will and Testament leaving his estate valued at P12 Million to his common-Iaw wife Roshelle. He is survived by his brother Ronie and his half-sister Michelle. 1. Wa Was s Do Don' n's s te testa stame menta ntary ry di disp sposi ositio tion n of his es esta tate te in ac accor corda dance nce wit with h th the e law on succession? Whether you agree or not, explain your answer. 2.5% 2. If Don failed to execute a will during his lifetime, as his lawyer, how will you distribute his estate? Explain. 2.5% 3. Assuming he died intesta intestate te survived by his brothe brotherr Ronie, his half-siste half-sisterr Michelle, and his legitimate son Jayson, how will you. distribute his estate? Explain. 2.5%
