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-I-

Jose Pidal executed a three-page notarial will bequeathing untoall his


legitimate children his estate. He deliberately totally omitted hisillegitimate son,
Jose Velarde whose illegitimate status the world,including his legitimate family,
Jose himself and even Mikee Velarde, Joses mothers husband, did not know
about. The will was witnessedby his favorite daughter Glorietta and two others.
To Glorietta, he gavethe entire free portion. The attestation clause did not state
the number of pages used,although the acknowledgment stated that the will
consists of three pages excluding the page on which this acknowledgment is
written. After Jose Pidals death, Mrs. Velarde informed her son that
hisbiological father was Pidal.

During the probate of Pidals will, JoseVelarde filed his opposition alleging the
following: a) One of the threewitnesses to the will is an heir. This being the case,
it is as if therewere only two witnesses in violation of the requirement of the law;
b)He was preterited; and c) The attestation clause did not state thenumber of
pages used in the will.

1. Is the first ground for opposition valid?


2. May an illegitimate child be preterited?
3. Rule on the third ground for the opposition.

-II-

In a case for nullity of marriage, the prior investigation by the fiscal to


determine whther or not collusion exists between the parties, is a condition sine
qua non for further proceedings. What is the effect if there is no such
investigation but during the hearing, the fiscal actively participated and
cross-examined the witnesses and even presented the defendant during the
presentation of defendants evidence? Explain fully.

-III-

In 1999, Sherap Estrada, wrote entirely in his hand thefollowing letter to his wife,
Louise Ejercito:
My everdearest Louise,

This may come as a total surprise to you. I found my good


sense in the four corners of my Muntinlupa cell. My having been
charged with plunder turned out to be blessing in disguise. After
doing a lot of introspection, I realized that I have been a bad
husband all these years. Yet, you never wavered in your love for
me. You publicly defended me even if the media portrayed
youas a pitiful woman who internalized her oppression. The
other women Guia, Joy, Rowena, Laarni, even Nora Amor- fled
when it was risky to stick it out with me. Because of your
sterling demeanor as my wife, I have come to fully comprehend
the import of for better, for worse which I perfunctorily
recited before you nineteen years ago on our wedding day. Ive
lost count of the number of times I looked back to that day as
theday I mortgaged my freedom. Come to think of it that was
the day I was blessed with a gem I didnt and could never
deserve you!

My intuition and even my lawyer Gaymund Fortune


despite his public display of bravado- tell me that the Supreme
Court will most likely affirm my death sentence. I know I can
never make up for lost time nor can I ever deserve your
forgiveness. But please be as generous to me as you have
always been by letting me have this chance to do some good
thing for you before time runs out on me.

According to my accountant, Yolly Rica-Forte, my net worth


is P20B, exclusive of your share from our conjugal partnership. I
want you to have half of mine. The other half will be divided
according to the provisions of the Civil Code by you, our children
and my children by the other women. However, it is my desire
that Junggoy, my son by Rowena will not receive any share
because his mother had been harassing you no end and she
publicly dumped me for Atong Ong-ong. (Remember the guy
who used to deliver jueteng money at our door when Iwas
Mayor of Sangwang? That was Atong.) You will be the
administrator of my estate.

When I leave this world, my dearest, sing no sad songs for


me. Bury me beside the spot where you desire to be buried, if
this is not too much to ask. At least in death, you can have me
all to yourself. I made a previous will which is now in the
custody of Atty. Fortune. Tell him that this letter supercedes the
will.

This may be belated but I want you to know that in my


heart, I have always loved you.

Your now-faithful husband,

Sherap
Baguio Flower Fest Month 1999

Sherap Estrada was subsequently executed by lethalinjection for plunder.


After three months, Louise petitioned thecourt for probate of the document. This
was opposed by Junggoy who claimed that the document is a letter, not a will.

1. Is Junggoy correct?
2. On the assumption that the letter is a will
A. Is there a ground to declare the will invalid?
B. Grant that Louise Estrada lost the letter. Can she establish the contents
and due execution thereof by extrinsic or parole evidence?

-IV-

On 6 August 2017, elements belonging to the Philippine Navy chased the M/V
South Pearl as it was cruising the China Sea, relying on an intelligence report that
the same belonged to the head of a notorious kidnap-for-ransom gang. The naval
officers seized the vessel and rained bullets on its two passengers, Omarkhayyam
Mautak and his friend. Omarkhayyam sustained a gunshot in his head. He and his
friend fell into the sea and were swallowed by the raging waves. The navy
conducted a thorough search for their bodies, especially that of Omarkhayyam on
the mistaken belief that he was the notorious criminal. After two weeks, the
President of the Philippines Rodrigo Datorta announced on national TV that the
body of the notorious Omarkhayyam surfaced. He was hailed by US President
Donald Trumpo as an independent leader dedicated to the emasculation of
terrorism. The body turned out to be that of Kaya Mura, Omarkhayyams friend.
Embarrassed by the snafu, the Datorta fired the source of his information.Unable
to accept the possibility that Omarkhayyam, her favorite brother may have died,
Farhana committed suicide on 1 September 2017. She was survived by her two
children.

When did succession to Omarkhayyam Mautaks estate open?

-V-

Explain the Iron Curtain Rule and give an example.

*nothing follows*