Does Article 774 also apply to juridical persons to the

extent that successional rights of corporate entities are

governed under the Civil Code?
Can there be a transfer of ownership without the fact of
death? Is the transmission still gratuitous if the heir is
made to pay deficiency taxes before ownership can be
transferred?
Are all obligations to give extinguished upon the death
of the obligor? How about obligations to do or not to
do?
In an ejectment case, what is the legal effect of a death
of a party during the pendency of the case?
What are the causes of action that are extinguished by
death?
Are all criminal cases extinguished upon the death of
the Complainant? Upon the death of the Accused?
TRANSMISSIBLE RIGHTS and OBLIGATIONS (Bar
2006): Alberto and Janine migrated to the United
States of America, leaving behind their 4 children, one
of whom is Manny. They own a duplex apartment
and allowed Manny to live in one of the units. While
in the United States, Alberto died. His widow and all
his children executed an Extrajudicial Settlement of
Albertos estate wherein the 2-door apartment was assigned
by all the children to their mother, Janine. Subsequently,
she sold the property to George. The latter
required Manny to sign a prepared Lease Contract so
that he and his family could continue occupying the
unit. Manny refused to sign the contract alleging that
his parents allowed him and his family to continue occupying
the premises. If you were Georges counsel,
what legal steps will you take?
At what point does succession open for persons
declared presumptively dead after the lapse of 10
years? After the decree has been issued by a competent
court? At the point when he was found to be absent,
i.e. the decree retroacts to the fi rst day of his absence?
What is the ultimate factor that determines whether a
contract involves future inheritance?

PRESUMPTIVE DEATH (Bar 2008): At age 18, Marian

found out that she was pregnant. She insured her own
life and named her unborn child as her sole benefi ciary.
When she was already due to give birth, she and her
boyfriend Pedro, the father of her unborn child, were
kidnapped in a resort in Bataan where they were
vacationing. The military gave chase and after one
week, they were found in an abandoned hut in Cavite.
Marian and Pedro were hacked with bolos. Marian and
the baby she delivered were both found dead, with the
babys umbilical cord already cut. Pedro survived.
i. Can Marians baby be the benefi ciary of the
insurance taken on the life of the mother? (2%)
ii. Between Marian and the baby, who is presumed
to have died ahead? (1%)
iii. Will Pedro, as surviving biological father of the
baby, be entitled to claim the proceeds of the life
insurance on the life of Marian? (2%)
Does the delivery of presumptive legitimes transfer
ownership to the common children by virtue of tradicion or
succession?
If you were given the opportunity to choose, would
you rather be an heir or a legatee/devisee?
Can a testator revoke a will that was already probated
by him during his lifetime?
Can Congress pass a law that will prescribe additional
qualifi cations for a person to write a will? What will be
the effects of such law to a will already written? To a
will already probated?
What is/are the instance(s) contemplated in this article
inasmuch the phrase when referred to by name appears
to qualify the extent of the prohibited delegation as regards
the portions to which the heirs can succeed?
How specifi c must the criteria be for the delegation of
the ministerial power to be valid under Article 786?
What could possibly be the technical words the law
contemplated in providing for such rule of interpretation?
Does a convict serving a penalty that carries with it
the penalty of civil interdiction have testamentary
capacity?

Can a person under guardianship write a will? Can a

guardian write a will on behalf of his ward?
Why did the law specifi cally prescribe that the notary
and one of the witnesses communicate the contents of
the will to the blind testator but did not prescribe the
same persons to do the same for deaf and deaf-mute
testators?
EFFECTS OF BLINDNESS (Bar 2008): Steve was born
blind. He went to school for the blind and learned to
read in Braille language. He speaks English fl uently.
Can he: a) Make a will? (1%) b) Act as a witness to a
will? (1%) c) In either of the above instances, must the
will be read to him?
CONFLICTS RULES (Bar 2008): Juan and Anita,
British citizens at birth, acquired Philippine citizenship
by naturalization after their marriage. During their
marriage the couple acquired substantial landholdings
in London and in Makati. Anita bore Juan three
children, Peter, Paul and Mary. In one of their trips to
London, the couple executed a joint will appointing
each other as their heirs and providing that upon the
death of the survivor between them the entire estate
would go to Peter and Paul only but the two could
not dispose of nor divide the London estate as long as
they live. Juan and Anita died tragically in the London
Subway terrorist attack in 2005. Peter and Paul fi led a
petition for probate of their parents will before a Makati
Regional Trial Court. a) Should the will be admitted
to probate? (2%) b) Are the testamentary dispositions
valid? (2%) c) Is the testamentary prohibition against
the division of the London estate valid? (2%)
CONFLICTS RULE (Bar 2009): On December 1, 2000,
Dr. Juanito Fuentes executed a holographic will,
wherein he gave nothing to his recognized illegitimate
son, Jay. Dr. Fuentes left for the United States, passed
the New York medical licensure examinations, resided
therein, and became a naturalized American citizen.
He died in New York in 2007. The laws of New York
do not recognize holographic wills or compulsory
heirs. [a] Can the holographic will of Dr. Fuentes be
admitted to probate in the Philippines? Why or why
not? (3%) [b] Assuming that the will is probated in the
Philippines, can Jay validly insist that he be given his
legitime? Why or why not? (3%)

Why did the law limit the disqualifi cation of prior conviction
only to three specifi c offenses? Why not disqualify
a convict guilty of an offense involving moral
turpitude?
What is the effect if the prior conviction or any disqualifi
cation was concealed from the testator?
Why do you think the prohibition extends to the
spouse of the witness, parent of the witness; child of
the witness; any person claiming against the witness,
his spouse, parent or child?
Can the 4th witness (the one who is also a benefi ciary
in the will) still testify at the same time receive his/her
bequest under the will?
What is the signifi cance of requiring the existence of
the document at the time of the execution of the will?
Can the testator declare that he will still prepare such
document at the same time have it incorporated by
reference?
If the testator himself had his own will admitted to
probate during his lifetime, can he still revoke the same?
What is the difference between a fi duciary-fi deicommissary
relationship with a trustor-trustee relationship?
FIDEICOMMISSARY (Bar 2008): Raymond, single,
named his sister Ruffa in his will as a devisee of a parcel
of land which he owned. The will imposed upon Ruffa
the obligation of preserving the land and transferring
it, upon her death, to her illegitimate daughter Scarlet
who was then only one year old. Raymond later died,
leaving behind his widowed mother, Ruffa and Scarlet.
a) Is the condition imposed upon Ruffa to preserve
the property and to transmit it upon her death to
Scarlet, valid? (1%) b) If Scarlet predeceases Ruffa,
who inherits the property? (2%) c) If Ruffa predeceases
Raymond, can Scarlet inherit the property directly
from Raymond? (2%)

DISTRIBUTION TO AN ILLEGITIMATE CHILD (BAR

2005): Emil, the testator, has three legitimate children, Tom,
Henry and Carlito; a wife named Adette; parents named
Pepe and Pilar; an illegitimate child, Ramon; brother, Mark;
and a sister, Nanette. Since his wife Adette is well-off, he
wants to leave to his illegitimate child as much of his estate
as he can legally do. His estate has a net amount of
P1,200,000.00, and all the above-named relatives are still
living. Emil now comes to you for advice in making a will.
How will you distribute his estate according to his wishes
without violating the law on testamentary succession?
In view of the advent of the Family Code which practically
diminished the disadvantages of illegitimate
children, should Article 992 be amended to allow
successional rights to fl ow from the legitimate family
to the illegitimate family and vice-versa.
RIGHT TO THE INHERITANCE (BAR 2007): For
purposes of this question, assume all formalities and
procedural requirements have been complied with.
In 1970, Ramon and Dessa got married. Prior to their
marriage, Ramon had a child, Anna. In 1971 and 1972,
Ramon and Dessa legally adopted Cherry and Michelle,
respectively. In 1973, Dessa died while giving birth
to Larry. Anna had a child, Lia. Anna never married.
Cherry, on the other hand, legally adopted Shelly.
Larry had twins, Hans and Gretel, with his girlfriend,
Fiona. In 2005, Anna, Larry, and Cherry died in a car
accident. In 2007, Ramon died. Who may inherit from
Ramon and who may not?
DISTRIBUTION OF ESTATE (BAR 2006): Don died after
executing a Last Will and Testament leaving his estate
valued at P12 Million to his common-law wife Roshelle. He
is survived by his brother Ronie and his half-sister Michelle.
(1) Was Dons testamentary disposition of his estate in accordance
with the law on succession? Whether you agree
or not, explain your answer. (2) If Don failed to execute a
will during his lifetime, as his lawyer, how will you distribute
his estate? Explain. (3) Assuming he died intestate survived
by his brother Ronie, his half-sister Michelle, and his
legitimate son Jayson, how will you distribute his estate?
Explain. (4) Assuming further he died intestate, survived by
his father Juan, his brother Ronie, his half-sister Michelle,
and his legitimate son Jayson, how will you distribute his
estate? Explain.

DISTRIBUTION BY INTESTACY (BAR 2008): Ernesto,

an overseas Filipino worker, was coming home to the
Philippines after working for so many years in the
Middle East. He had saved P100,000 in his savings
account in Manila which he intended to use to start
a business in his home country. On his fl ight home,
Ernesto had a fatal heart attack. He left behind his
widowed mother, his common-law wife and their twin
sons. He left no will, no debts, no other relatives and
no other properties except the money in his savings
account. Who are the heirs entitled to inherit from him
and how much should each receive?
DISTRIBUTION BY INTESTACY: (BAR 2009) Ramon
Mayaman died intestate, leaving a net estate of
P10,000,000.00. Determine how much each heir will
receive from the estate: [a] If Ramon is survived by his
wife, three full-blood brothers, two half-brothers, and
one nephew (the son of a deceased full-blood brother)?
Explain. (3%) [b] If Ramon is survived by his wife, a
half-sister, and three nephews (sons of a deceased fullblood
brother)?