SUCCESSION

EXAM
1. Ferdinand, the illegitimate child of Imelda and Francis, died.
He is survived by his parents: Imelda and Francis and by his
wife, Miriam. If Ferdinand left an estate of P1 Million pesos,
how will the same be distributed? Explain Full, (10 pts)
Share of illegitimate parents = of the net estate
Share of the surviving spouse = of the estate
Free portion = of the estate
Article 903. if only the widow or widower survives with parents of the
illegitimate child, the legitime of the parents is of the hereditary estate of
the child, and that of the surviving spouse also of the estate.
2. Explain the concept of reserve troncal by giving an example
(10 pts)
RESERVA TRONCAL
The reservation by virtue of which an ascendant who inherits from his
descendant any property which the latter may have acquired by gratuitous
title from another ascendant or a brother or sister, is obliged to reserve the
property for the benefit of relative within the 3 rd degree and who belong from
the same line from which the property came from.
It constitutes as an exception to both the system of legatine and the order of
intestate succession.
Purpose of Reserva Troncal:
1. to reserve certain properties in favor of certain persons;
2. to prevent person outside a family from acquiring , by some chance or
accident, property which otherwise would have remained with the said
family;
3. to maintain a separation between paternal and maternal lines.
REQUISITES:
A. The property should have been acquired by operation of law by an
ASCENDANT (RESERVISTA) from his descendant (PROPOSITUS) upon
the death of the latter.
Note: by operation of law is limited to succession, either by legitime or
intestacy
B. the property should have been previously acquired by gratuitous title
by the propositus from another ascendant or from a brother or sister
(ORIGINATOR)
Note: gratuitous encompasses transmissions by donation and
succession.
C. The propositus should have died without any legitimate issue in the
direct descending line who could inherit from him.

What are the requisites that must exist in order that a property may
be impressed with a reservable character?
1. That the property was acquired by a descendant (called praepositus or
propositus) from an ascendant or from a brother or sister by gratuitous title
when the recipient does not give anything in return;
2. That said descendant (praepositus) died without an issue;
3. That the same property (called reserva) is inherited by another
ascendant (called reservista) by operation of law (either through intestate
or compulsory succession) from the praepositus; and
4. That there are living relatives within the third degree counted from the
praepositus and belonging to the same line from where the property
originally came (called reservatarios). (Art. 891; Chua v. CFI of Negros
Occidental, Branch V, 78 SCRA 412; Rabuya, Civil Law Reviewer, pp. 634-
635)
3. Grace died. She is survived by her legitimate parents, her
illegitimate child, her husband and her two legitimate children.
Distribute her estate. Explain fully (10 pts.)
Share of legitimate children and descendants = of the net estate
Surviving Spouse = Equal to the portion of the legitime of each
legitimate child
Legitimate children = of the share of each legitimate child
Free portion Whatever remains

4. Explain fully the three (3) Principles in the Institution of Heirs,

namely: EQUALITY, INDIVIDUALITY AND SIMULTANEITY. (10 pts)
Equality- heirs who are instituted without a designation of shares inherit in
equal parts
Individuality heirs collectively instituted are deemed individually names
unless a contrary intent is proven
Simultaneity when several heirs are instituted, they are instituted
simultaneously and not successively
5. Explain the concept of preterition and its effects by way of
example. (10 pts)
PRETERITION
a. there must be an omission of one, some or all of the heir/s in the will
b. the omission must be that of a COMPULSORY HEIR
c. Compulsory heir omitted must be of the DIRECT LINE

d. The omitted compulsory heir must be LIVING at the time of testators

death or must at least have CONCEIVED before the testators death
e. The omission must be complete and total in character. There is no
omission if
a devise or legacy has been given to the heir
a donation inter vivos has been previously given to the heir
anything is left from the inheritance which the heir may get by way
of intestacy
EFFECTS OF PRETERITION:
1. The institution of heir is annulled
2. Devises and legacies shall remain valid as long as they are not
inofficious
3. If the omitted compulsory heirs should die before the testator, the
institution shall be effectual without pre3judice to the right of
representation
6. Dolphy died leaving a last will and testament. During his
lifetime he acquired various parcels of land and left bank
deposits. Although he left unpaid obligations with banks,
private individual and banking institutions, his assets far
exceed his liabilities.
During his lifetime, he was known to be overly generous to his
wife, his three (3) legitimate and two (2) illegitimate children
and two (2) legitimate grandchildren. He gave them gifts
consisting of condominium units, commercial lands and cars.
a. DETERMINE THE LEGITIME OF THE COMPULSORY HEIRS. Explain
Fully. (10 pts)
Surviving spouse; Legitimate children and descendants; illegitimate children
Share of legitimate children and descendants of the net estate
Surviving spouse Equal to the portion of the legitime of each legitimate
child
Illegitimate children of the share of each legitimate child
Free portion whatever remains
b. In this case, the legitime is impaired or diminished. How shall the
legitimes be completed? Explain fully. (10 pts)
If legitime is impaired, the following reductions shall be made:
1. reduce pro-rata non-preferred legacies and devises, and the
testamentary dispositions.
2. Reduce pro rata the preferred legacies and devises
3. Reduce the donations inter vivos according to the inverse order of their
dates

Art. 911. After the legitime has been determined in accordance with the three preceding
articles, the reduction shall be made as follows:
(1) Donations shall be respected as long as the legitime can be covered, reducing or
annulling, if necessary, the devises or legacies made in the will;
(2) The reduction of the devises or legacies shall be pro rata, without any
distinction whatever.
If the testator has directed that a certain devise or legacy be paid in preference to
others, it shall not suffer any reduction until the latter have been applied in full to
the payment of the legitime.
(3) If the devise or legacy consists of a usufruct or life annuity, whose value may be
considered greater than that of the disposable portion, the compulsory heirs may
choose between complying with the testamentary provision and delivering to the
devisee or legatee the part of the inheritance of which the testator could freely
dispose. (820a)

7. Enumerate and explain all the causes for the vacancy of

succession. (10 pts)
Disinheritance the testator creates it himself
Repudiation- the heir does something
Incapacity/ predecease something happens to the heir
8. How do you determine the legitime of the legitimate and
illegitimate children surviving together? Explain fully. (10 pts)
Shares of children and descendants of the net estate
Share of each illegitimate children of the legitime of each
legitimate children or ascendant
Free portion whatever remains
9. How is valid disinheritance effected? Explain fully. (10 pts)
Requirements for valid disinteritance
a.
b.
c.
d.
e.
f.
g.

effected only through a valid will;

for a cause expressly stated by law;
cause must be expressly state in the will itself;
cause must be certain and true;
Unconditional;
Total; and
The heir disinherited must be designated in such manner that there
can be no doubt as to his identity.

Ground Article 919

Grounds COMMON TO ALL Compulsory Heirs
1.
2.
3.
4.

attempt on the life of testator, spouse, ascendant, descendant

attempt of a crime with penalty of 6 years or more
Induce the testator to make or change the will
Support unjustifiably not given