CIVIL LAW

SUCCESSION

Under the Civil Code, the widow or widower is a legal and compulsory heir of the deceased spouse. If the
widow is the only surviving heir, there being no legitimate ascendants, descendants, brothers, and sisters,
nephews and nieces, she gets the entire estate.

The action of A will not prosper. Being an illegitimate, he is barred by Article 992 of the Civil Code from
inheriting ab intestato from the legitimate relatives of his father.

Yes, because there is a presumed donation in favor of Joaquina under Art. 1448 of the Civil Code (De los
Santos v. Reyes, 27 January 1992, 206 SCRA 437). However, the donation should be collated to the
hereditary estate and the legitime of the other heirs should be preserved.

As Judge, I shall rule as follows: Jorge's opposition should be sustained in part and denied in part. Jorge's
omission as spouse of Maria is not preterition of a compulsory heir in the direct line. Hence, Art. 854 of
the Civil Code does not apply, and the institution of Miguela as heir is valid, but only to the extent of the
free portion of one-half. Jorge is still entitled to one-half of the estate as his legitime. (Art. 1001, Civil
Code)

This is a case of ineffective disinheritance because marryinga man that the father did not approve of is not
a ground for disinheriting D. Therefore, the institution of D-l and D-2 shall be annulled insofar as it
prejudices the legitime of D, and the institution of D-l and D-2 shall only apply on the free portion in the
amount of P500,000.00. Therefore, D, D-l and D-2 will get their legitimes of P500.000.00 divided into
three equal parts and D-l and D-2 will get a reduced testamentary disposition of P250,000.00 each. Hence,
the shares will be:
D P166,666.66
D-l P166,666.66 + P250.000.00
D-2 P166,666.66 + P250,000.00
The disinheritance of Wilma was ineffective because the ground relied upon by the testator does not
constitute maltreatment under Article 919(6) of the New Civil Code. Hence, the testamentary provisions
in the will shall be annulled but only to the extent that her legitime was impaired.
The total omission of Elvira does not constitute preterition because she is not a compulsory heir in the
direct line. Only compulsory heirs in the direct line may be the subject of preterition. Not having been
preterited, she will be entitled only to her legitime.
The legacy in favor of Rosa is void under Article 1028 for being in consideration of her adulterous relation
with the testator. She is, therefore, disqualified to receive the legacy of 100,000 pesos. The legacy of
50,000 pesos in favor of Ernie is not inofficious not having exceeded the free portion. Hence, he shall be
entitled to receive it.
The institution of Baldo, which applies only to the free portion, shall be respected. In sum, the estate of
Lamberto will be distributed as follows:
 Baldo-----------------450,000
Wilma---------------250,000
Elvira-----------------250,000
Ernie-----------------50,000
TOTAL: 1,000,000
Irma succeeded to the estate of Isidro as his surviving spouse to the estate of her legitimate child. When
Isidro died, he was succeeded by his surviving wife Irma, and his legitimate unborn child. They divided
the estate equally between them, the child excluding the parents of Isidro. An unborn child is considered
born for all purposes favorable to it provided it is born later. The child was considered born because,
having an intra-uterine life of more than seven months, it lived for a few minutes after its complete
delivery. It was legitimate because it was born within the valid marriage of the parents. Succession is
favorable to it. When the child died, Irma inherited the share of the child. However, the share of the child
in the hands of Irma is subject to reserva troncal for the benefit of the relatives of the child within the third
degree of consanguinity and who belong to the line of Isidro.
The intestate heirs are the two (2) legitimate children and the two (2) illegitimate children. In intestacy the
estate of the decedent is divided among the legitimate and illegitimate children such that the share of each
illegitimate child is one -half the share of each legitimate child. Their share are : For each legitimate
child – P333,333.33 For each illegitimate child – P166,666.66 (Article 983, New Civil Code; Article 176,
Family Code)
Enrique died, leaving a net hereditary estate of P1.2 million. He is survived by his widow, three legitimate
children, two legitimate grandchildren sired by a legitimate child who predeceased him, and two
recognized illegitimate children. Distribute the estate in intestacy.

SUGGESTED ANSWER: Under the theory of Concurrence, the shares are as follows:
A (legitimate child) = P200,000
B (legitimate child) = P200,000
C (legitimate child) = P200,000
D (legitimate child) = O (predeceased]
E (legitimate child of D) = P100,000 - by right of representation
F (legitimate child of D) = P100,000 - by right of representation
G (illegitimate child) = P100,000 - 1/2 share of the legitimate child
H (illegitimate child) = P100,000 - 1/2 share of the legitimate child
W (Widow) = P200.000 - same share as legitimate child

Article 1001 of the Civil Code provides, "Should brothers and sisters or their children survive with the
widow or widower, the latter shall be entitled to one-half of the inheritance and the brothers and sisters or
their children to the other half." Tessie's gross estate consists of a house and lot acquired during her
marriage, making it part of the community property. Thus, one-half of the said property would have to be
set aside as Mario's conjugal share from the community property. The other half, amounting to one million
pesos is her conjugal share (net estate), and should be distributed to her intestate heirs. Applying the above
provision of law, Michelle and Jorelle, Tessie's nieces, are entitled to one-half of her conjugal share worth
one million pesos, or 500,000 pesos, while the other one-half amounting to P500,000 will go to Mario,
Tessie's surviving spouse. Michelle and Jorelle are then entitled to P250,000 pesos each as their hereditary
share.
No, the claim of both parents is not valid. When Mr. Cruz died, he was succeeded by his wife and his
parents as his intestate heirs who will share his estate equally. His estate was 0.5 Million pesos which is
his half share in the absolute community amounting to 1 Million Pesos. His wife, will, therefore, inherit
O.25 Million Pesos and his parents will inherit 0.25 Million Pesos.

When Mrs. Cruz died, she was succeeded by her parents as her intestate heirs. They will inherit all of her
estate consisting of her 0.5 Million half share in the absolute community and her 0.25 Million inheritance
from her husband, or a total of 0.750 Million Pesos.
In sum, the parents of Mr. Cruz will inherit 250,000 Pesos while the parents of Mrs. Cruz will inherit
750,000 Pesos.
Eugenio died without issue, leaving several parcels of land in Bataan. He was survived by Antonio, his
legitimate brother; Martina, the only daughter of his predeceased sister Mercedes; and five legitimate
children of Joaquin, another predeceased brother. Shortly after Eugenio's death, Antonio also died, leaving
three legitimate children. Subsequently, Martina, the children of Joaquin and the children of Antonio
executed an extrajudicial settlement of the estate of Eugenio, dividing it among themselves. The
succeeding year, a petition to annul the extrajudicial settlement was filed by Antero, an illegitimate son of
Antonio, who claims he is entitled to share in the estate of Eugenio. The defendants filed a motion to
dismiss on the ground that Antero is barred by Article 992 of the Civil Code from inheriting from the
legitimate brother of his father. How will you resolve the motion? (5%)

SUGGESTED ANSWER: The motion to dismiss should be granted. Article 992 does not apply. Antero
is not claiming any inheritance from Eugenio. He is claiming his share in the inheritance of his father
consisting of his father's share in the inheritance of Eugenio.

If the child had an intra-uterine life of not less than 7 months, it inherited from the father. In which case,
the estate of 10M will be divided equally between the child and the widow as legal heirs. Upon the death
of the child, its share of 5M shall go by operation of law to the mother, which shall be subject to reserva
troncal. Under Art. 891, the reserva is in favor of relatives belonging to the paternal line and who are
within 3 degrees from the child. The parents of Mr, Luna are entitled to the reserved portion which is 5M
as they are 2 degrees related from child. The 5M inherited by Mrs. Luna from Mr. Luna will be inherited
from her by her parents.
W- (widow gets 1/2 share) P90.000.00 (Art. 998) A- (son who repudiated his inheritance) None Art. 977)
B - (Granddaughter) None C - (Acknowledged illegitimate child) P45.000.00 (Art.998) D -
(Acknowledged illegitimate child) P45,000.00 (Art. 998) The acknowledged illegitimate child gets 1/2 of
the share of each legitimate child.
The compulsory heirs are the two legitimate children and the two illegitimate children. The parents are
excluded by the legitimate children, while the brothers are not compulsory heirs at all. Their respective
legitimate are:
a) The legitime of the two (2) legitimate children is one
half (1/2) of the estate (P500,000.00) to be divided between them equally, or P250,000.00 each.

b) The legitimate of each illegitimate child is one-half (1/2) the legitime of each legitimate child or
P125,000.00.

c) Since the total legitime of the compulsory heirs is legitime of the legitimate children and it follows that
the P750,000.00, the balance of P250,000.00 is the free portion.