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ANSWERS TO FINAL EXAMS IN CIVIL LAW

Under Atty. JUDY LARDIZABAL


PUP RECAP R2

Q 32. Brother and Grandfather

Brother is excluded to inherit.


Grandfather gets the entire estate (Art 985,CC)
Legal basis: Direct line excludes the collateral line relatives.

Q 33. Nephew and Aunt

Nephew gets one half of the estate by right of representation.


The Aunt likewise gets one half of the estate in her own right.
Legal basis:.Art 975, Both are collateral relatives in the third degree.

Q 34. Aunt and cousin

Aunt gets the entire estate (3rd degree relative)


Cousin is excluded.(4th degree relative)
Legal basis: Nearer relatives excludes the more distant ones.

Q 35. Wife and brother

Wife gets one half of the estate


Brother gets the other half of the estate.
Legal basis: (Art 1001)

Q 36.Parent and a grandchild

Parent is excluded
Grandchild gets the entire estate
Legal basis: Succession pertains in the first place to the direct descending line (Art 978).

Q 37. Second cousin and State


Second cousin gets the entire estate
Legal basis: Art 1010—the right to inherit ab intestato shall not extend beyond the fifth degree of
relationship in the collateral line. A second cousin is still within the fifth degree in the collateral line.
Thus she gets the entire estate.

Q 38. Legitimate child and illegitimate child


In testacy:

Legitimate child gets one half of the estate


Illegitimate child gets a half share equal to that of one legitimate child to be taken from the free portion
(Art 176, FC).

In intestacy:
Legitimate child gets one half of the estate as his legitime.
Illegitimate child gets one half od the share of one legitimate child.
The remainder to be divided between the in the ratio of 10:5 or 2:1 in favor of the legitimate child.

Q 39. Grandfather and grandchild


Parent is excluded
Grandhild gets the entire estate.
Legal basis: Succession pertains in the first place to the direct descending line (Art 978).

Q 40. Half-brother and nephew (the son of a full-blood brother who predeceased).
Half brother gets half the share of one full-blood brother in his own right.
Nephew- gets twice the share of a half-blood brother by right of representation.
Legal basis: Art. 1006, CC

PART II GIVE THE VALUE OF LEGITIME / INTESTATE SHARE OF THE FOLLOWING HEIRS WITH
EXPLANATION.

1. THE LEGITIME OF THE SPOUSE SURVIVING ALONE AFTER TEN YEARS shall be –
Spouse- One half (½) of the entire estate
(the remaining ½ is the free portion which the Testator can freely disposed of by will).

2. THE INTESTATE SHARES OF:


Two Illegitimate Children, Two legitimate children and one spouse
The share of the 2 illegitimate children shall be ¼ of the entire estate to be divided equally among them
(Art 176, FC)
The share of 2 legitimate children is equal to ½ of the entire estate to be divided between them equally
(Art 888, CC)
while the Spouse is entitled to ¼ of the entire estate (Arts 892 (2) / 897).

03. THE LEGITIMES OF:


Four (4) Illegitimate children concurring with one Illegitimate parent.

In Testacy:
One illegitimate parent… if instituted, share to be taken from the free portion
Four (4) illegitimate children ½ of entire estate to be divided equally

In Intestacy:
One illegitimate parent …. None
Four (4) illegitimate children = entire estate to be divided equally

04. THE LEGITIME OF THE SPOUSE surviving with one legitimate descendant.

Surviving Spouse legitime is one fourth (¼) of the estate


(The legitimate child’s legitime is one half (½) of the estate)

05. THE INTESTATE SHARES OF:


Spouse and one illegitimate child:

In Testacy:
Spouse gets 1/3 of the estate (Art 894)
One illegitimate child gets 1/3 of the estate (Art 894).
Remaining 1/3 = free portion

In Intestacy:
Surviving Spouse gets ½ of the estate
One Illegitimate child gets another half of the estate

06. THE LEGITIMES OF:


Legitimate parent and one illegitimate child

Legitimate parent gets ½ of the estate (Art 889)


One illegitimate child gets ½ of the estate (Art 896)
07. THE INTESTATE SHARE OF THE spouse surviving alone:

Spouse –One half of the estate as legitime and another half as share by operation of law. All in all the
entire estate (Art. 900, CC).

08. THE LEGITIMES OF: One illegitimate child Four (4) legitimate children and a Spouse
One illegitimate child …..1/2 of the share of one legitimate child to be taken from free portion (Art 176,
FC)
Four (4) legitimate children … 1/2 of the estate in equal shares division (Art 888, CC)
Surviving Spouse ..1/2 of the share of one legitimate child to be taken from free portion(Art 892, CC)

Note: to follow this formula strictly will result in

09. THE INTESTATE SHARES OF:

Spouse…………………….1/4 of the estate


Two illegitimate ascendants…… None
One legitimate descendant……1/2 of the estate

10. THE INTESTATE SHARES OF:


Spouse ……………1/2 of the estate
Three illegitimate descendants 1/2 of the estate to the divided in equal shares.

12. THE LEGITIMES OF :

In Testacy:
One brother …. From free portion, if instituted
Reason: Brothers and sisters are not compulsory heirs but merely voluntary heirs just like strangers.
Surviving Spouse….1/2 of the estate

In Intestacy
One Brother …. None
Surviving Spouse ..entire estate

13. THE INTESTATE SHARES OF:


Two illegitimate children…1/4 of estate in equal division to be taken from free portion
One legitimate child…1/2 of the estate
Surviving spouse….1/4 of estate to be taken from the free portion
This is based on Arts 888, 892,(2) and 897, CC. Art 176 FC cannot be applied squarely as it will result in
deficiency in sharing. Art 176 grants to each illegitimate child ½ of the share of a legitimate child. Under
the law on Succession, the share of the legitimate child and the share of the surviving spouse are
preferred over illegitimate children and should be satisfied first. Ultimately, the remainder from the free
portion shall be divided equally among the illegitimate children. The computations herein is based on
practical grounds, justice and equity.

14. THE INTESTATE SHARES OF :


One brother……….. ½ of the estate
Three other 4th degree collateral relatives.
Limited to Nephews and nieces only while Aunts and uncles are excluded …. ½ to be divided equally.
These computations are based on the Rule of proximity where the nearer exclude the farther.

15. THE INTESTATE SHARES OF:


One brother ……………None
Surviving Spouse………1/2 as legitime
and 1/ 2 as share by operation of law. All in all the entire estate.
Reason: A brother is not a compulsory heir but merely a voluntary heir which could only inherit when
duly instituted in a will.

16. THE INTESTATE SHARES OF:


Spouse…….1/4 of the estate
One legitimate child………1/2 of the estate
Two illegitimate descendants….1/4 of the estate to be divided equally.

Note: The shares of One legitimate child and surviving spouse is based Arts 888, 892,(2) and 897, CC
while Art 176 FC on the share of an illegitimate child which is equivalent to ½ of the share of a
legitimate child. To apply it squarely would result in a deficiency in the distribution of the estate. Under
the law on Succession, the share of a legitimate child and the share of the surviving spouse are
preferred over illegitimate children and should be satisfied first, while the share of the illegitimate
children which will be taken from the free portion shall ultimately suffer the reduction based on
practical grounds, justice and equity.

17. THE LEGITIMES OF:


Two illegitimate children……one half of the share of a legitimate child
One legitimate child…one half of the estate
Spouse....
18. THE LEGITIMES OF:
Two illegitimate children…1/2 of the estate in Testate succession.

19. THE INTESTATE SHARES OF:


Four illegitimate children….1/2 of the estate
as legitime and another half as share by operation of law in equal sharing.
One illegitimate parent…. excluded

20. THE INTESTATE SHARES OF:


Two illegitimate children ½ of the estate by operation of law.
(½ of the estate as legitime)
All in all… the entire estate

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