Succession Bar Questions 2014 and 2015
Succession Bar Questions 2014 and 2015
Succession Bar Questions 2014 and 2015
V.
XVII.
What is the effect of preterition ? (1%)
(B) It annuls the institution of heir On March 30, 2000, Mariano died intestate and
was survived by his wife, Leonora, and children,
(C) It reduces the devise and legacy Danilo and Carlito. One of the properties he left
was a piece of land in Alabang where he built
(D) It partially annuls the institution of his residential house.
heir
After his burial, Leonora and Mariano’s children
extrajudicially settled his estate. Thereafter,
Answer is letter B (preterition annuls the
institution of heirs) Leonora and Danilo advised Carlito of their
intention to partition the property. Carlito
opposed invoking Article 159 of the Family
Code. Carlito alleged that since his minor child
XIII. Lucas still resides in the premises, the family
home continues until that minor beneficiary
Esteban and Martha had four (4) children: becomes of age.
Rolando, Jun, Mark, and Hector. Rolando had a
daughter, Edith, while Mark had a son, Philip. Is the contention of Carlito tenable? (4%)
After the death of Esteban and Martha, their
three (3) parcels of land were adjudicated to
Jun. After the death of Jun, the properties 1 G.R. NO. 176422 -March 20, 2013
passed to his surviving spouse Anita, and son
Cesar. When Anita died, her share went to her
1
I.
SUGGESTED ANSWER:
Alden and Stela were both former
No, the contention of Carlito is not tenable. In Filipino citizens. They were married in the
the case of Patricio v. Dario, 2 with similar facts Philippines but they later migrated to the
United States where they were naturalized as
to the case at bar, the court ruled that to qualify
American citizens. In their union they were
as beneficiary of the family home the person
able to accumulate several real properties
must be among those mentioned in Article 154, both in the US and in the Philippines.
he/she must be actually living in the family Unfortunately, they were not blessed with
home and must be dependent for legal support children. In the US, they executed a joint will
upon the head of the family. While Lucas, the instituting as their common heirs to divide
son of Carlito satisfies the first and second their combined estate in equal shares, the five
requisites, he cannot however, directly claim siblingsand of Alden the seven siblings of
legal support from his grandmother, Leonora Stela. Alden passed away in 2013 and a year
because the person primarily obliged to give later, Stela also died. The siblings of Alden who
support to Lucas is his father, Carlito. Thus, were all citizens of the US instituted probate
partition may be successfully claimed by proceedings in a US court impleading the
Leonora and Danilo. siblings of Stela who were all in the Philippines.
2
IV.
b) Wishing to keep the peace, the b)Neither of the two will inherit from Bert. Joe
child during the pendency of the case cannot inherit because the law does not
decides to compromise with his putative recognize the right of a stranger to inherit from
father's family by abandoning his petition the decedent in the absence of a will. Their
in exchange for Yi of what he would have cohabitation will not vest Joe with the right to
received as inheritance if he were inherit from Bert. The child will likewise not
recognized as an illegitimate child. As the inherit from Bert because of the lack of formal
judge, would you approve such a adoption of the child. A mere ward or “ampon”
compromise? (2%) has no right to inherit from the adopting
parents. (Manuel v. Ferrer, 247 SCRA 476)
SUGGESTED ANSWER:
3
ALTERNATIVE ANSWER: Yes, Maria can be made
to reconvey the property. The law provides Maria can set up the defense that the action
that no person may give or receive by way of has prescribed. An action for revocation of the
donation more than what he may give or donation on the ground that it impaired the
receive by will. On the assumption that the legitime of a compulsory heir may only be filed
property donated to Maria is the only property within ten (10) years from the time the cause
of Jose, the legitime of his illegitimate child of action accrues which is at the time of the
would be impaired if Maria would be allowed to death of Jose. The facts are not clear as to
keep the entire property. After taking into when Jose died but on the assumption that he
account the value of the property, Maria can be died ten years prior to the filing of the action,
made to reconvey the property to the extent the same has clearly prescribed.
necessary to satisfy the legitime of Jose’s
illegitimate daughter provided that the woman
claiming to be Jose’s child can prove her
filiation to the deceased.