Reviewer # 8

TESTATE SUCCESSION

X has 4 LEGITIMATE Children A, B, C and D.

C has 2 LEGITIMATE Children E and F.
D has 1 LEGITIMATE Child G.

X dies with a will – instituted all his children as his heirs to his entire estate

Net Estate: 120, 000 / 2 = 60,000

FP = 60,000

C predeceased and D repudiated

WITHOUT VACANCY
Legitime (as Compulsory Heir) Share in the Free Portion (as Voluntary Heir) Total
A 15,000 15,000 30,000
B 15,000 15,000 30,000
C 15,000 15,000 30,000
D 15,000 15,000 30,000

C the predeceased = his 15,000 legitime will go to E and F by way of REPRESENTATION

E = 7,500
F = 7,500

C the predeceased = his 15,000 free portion will go to A and B by way of ACCRETION (no
substitute designated) ; forget about D because he REPUDIATED.

A = 7,500
B =7,500

D repudiated = his 15,000 free portion will go to A and B by way of ACCRETION (no substitute)

A = 7,500
B = 7,500

D repudiated = HEIR WHO REPUDIATES CANNOT BE REPRESENTED – no co-heirs. No choice but

to give it to the LEGAL or INTESTATE HEIRS of X – A, B, E and F by RIGHT OF REPRESENTATION.

A = 5,000
B = 5,000
E = 2,500 (Share which would have pertained to C if he did not predeceased)
F = 2,500 (Share which would have pertained to C if he did not predeceased)
 Legitime Free ROR from C ROA from C ROA from D ROR from D
Portion
A 15,000 15,000 7,500 7,500 5,000 50,000
B 15,000 15,000 7,500 7,500 5,000 50,000
C
D
E 7,500 2,500 10,000
F 7,500 2,500 10,000

INTESTATE SUCCESSION

Entire Estate
A 30,000
B 30,000
C 30,000
D 30,000

Vacant share of C = 30,000 go to his representatives E and F by RIGHT OF REPRESENTATION

E = 15,000
F = 15,000

Repudiated share of D = 30,000 will go to A and B by RIGHT OF ACCRETION

A = 15,000
B = 15,000

Entire Estate ROR by C ROA by D

A 30,000 15,000 45,000
B 30,000 15,000 45,000
C
D
E 15,000 15,000
F 15,000 15,000
Reviewer # 7
INTESTATE SHARES

X dies with 2 LEGITIMATE Children A and B and 2 ILLEGITIMATE Children C and D.

Net Estate: 120,000 / 2 = 60,000

A = 30,000
B = 30,000
C = 15,000
D = 15,000

Remainder: 30,000

Concurrence theory = 30,000 will be spread 2:2:1:1 (ratio established between legitimates and
illegitimates)

A = 10,000
B = 10,000
C = 5,000
D = 5,000

Legitime Ratio Total

A 30,000 10,000 40,000
B 30,000 10,000 40,000
C 15,000 5,000 20,000
D 15,000 5,000 20,000

PARTIAL OR MIXED SUCCESSION

X dies with a will – one provision “I give 10,000 to my friend Kiko”

Survived by:
1. Legitimate Parents A and B – ½ ;
2. Wife W – Legitime 1/8 ; Intestate Share – ¼
3. 2 Illegitimate Children C and D – ¼

*he had a will, it did not dispose of the entire estate – intestate succession will govern

Net Estate: 120,000

A and B – 60,000 (entitled to nothing less than that ½)

C and D – 30,000
W – 30,000 – 10,000 legacy = 20,000. Her legitime would not be impaired even after the charge.
Reviewer # 5

IMPERFECT DISINHERITANCE

X disinherited D without specifying the cause.

X instituted B and C as his sole heirs
A got nothing
D has 2 children E & F

Net Estate: 120,000

Legitime Intestate Share Amount Received

A 15,000 15,000 30,000
B 15,000 15,000 30,000
C 15,000 15,000 30,000
D 15,000 15,000 30,000

A was preterited because he was not given anything. B on the other hand was imperfectly disinherited.
Since there was a preterition of A, D will still be able to get the whole of his legitime and all that he is
entitled under the law of intestacy.

Preterition of A will annul the imperfect disinheritance of D, therefore, intestacy will follow.

VALID DISINHERITANCE

D was validly disinherited.

A 15,000 20,000 35,000

B 15,000 20,000 35,000
C 15,000 20,000 35,000
E 7,500 7,500
F 7,500 7,500

In this case, D will not be entitled to anything. But his children, E and F will represent D with respect to
his legitime. The remaining 60,000 will then be divided equally among A, B and C.
Reviewer # 4

LEGITIMES

X was survived by:

W his wife
A and B his LEGITIMATE Children
C, D, E, F, G and H his ILLEGITIMATE Children

Net Estate: 120,000

A = 30,000
B = 30,000
W = 30,000
C = 5,000
D = 5,000
E = 5,000
F = 5,000
G = 5,000
H = 5,000

COLLATION

X has 4 LEGITIMATE Children A,B,C and D.

W wife of D
E son of B

X died with a will – “I institute my four children as my hairs”

Net Estate: 1,000,000

Debts: 500,000

X made the following dispositions and incurred the following expenses

1. 30,000 for the hospitalization of A

2. 30,000 for the campaign of B
3. Gave Grandson E a ring worth 10,000
4. Gave daughter-in-law W a bracelet worth 20,000
5. Gave D jewelry worth 40,000 on account of wedding
6. 10,000 for C’s college education

Step 1: Determination of Net Estate

1,000,000 – 500,000 = 500,000
Step 2: Total Hereditary Estate (Collation by Addition)
500,000 + 110,000 (2 to 6) = 610,000

Step 3: Legitimes
610,000 / 2 = 305,000
305,000 / 4 = 76, 250

Step 4: Collation by Imputation

Free Portion A B C D
Starting Balance 305,000 76,250 76,250 76,250 76,250
Election -30,000
Ring to E -10,000
Bracelet to W -20,000
Jewelry to D -30,500 -9,500
C’s college -10,000
Balance of FP 234,500
Distribution of Balance 58,625 58,625 58,625 58,625
Total Amount 134,875 104,875 134,875 125,375

CHARGING OR IMPUTATION

X has 2 LEGITIMATE Children A and B and 1 ILLEGITIMATE Child C

Spouse W

A = eldest, demanded from his father inheritance. Gave a parcel of land worth 20,000.

X died subsequently he left a will wherein he said, “I institute as my universal heirs my children
B and C”. No preterition as to A.

Estate: 200,000
Debts: 100,000

100,000 + 20,000 (land donated in 1975)

Hereditary Estate = 120,000

*Remaining 15,000 will go to the Instituted Heir

Legitime Instituted Heir Earlier Donation

A 30,000 -20,000 10,000
B 30,000 7,500 37,500
C (IL) 15,000 7,500 22,500
w 30,000 30,000