Long Quiz before Mid-Terms

July 27, 2016

I.

Dean, a lawyer and a bisexual executed a holographic will in the Philippines

naming his boyfriend Gabby as sole heir to his estate, this despite the fact that
years before he became a lawyer, he sired an illegitimate child, Angel, by a
woman, while intoxicated. Later, he migrated to the New York, USA and
therein became a naturalized citizen. In the said state, holographic will is
not recognized nor does it recognize compulsory heirs
A. May the holographic will be probated in the Philippines? Why? 5%
B. May Angel insists that she be given her legitime? Why? 5%

A. Answer: Yes the holographic will may be probated in the Philippines. It was
executed in the Philippines while Atty. X was still a Filipino citizen. In probate of
wills, only the due execution in accordance with the formalities required at the
time of the execution of the will is the sole issue.
B. No Angel cannot insist on her legitime. Atty. X died as an American citizen and
therefore the national law of the testator determines the law on succession. Under
the New York law, compulsory heirs are not recognized and therefore Angel
cannot insist on her legitime. She will not inherit as a compulsory heir. The
national law of the decedent in testate and intestate succession shall govern with
regards to four issues, namely:
1. Order of Succession
2. Amount of Successional Rights
3. Intrinsic validity of the provisions of the will
4. Capacity to Succeed.
.
II.
Paul, a bachelor, executed a notarial will giving all his estate to his sweetheart
Jenny. The notarial will was executed strictly under Arts. 805 & 806.
However, they broke up and he again fell in love with another woman named
Angie. He then executed a holographic will expressly revoking the notarial
will and naming Angie as his sole heir. One day, the holographic will
accidentally got burned. The contents of the holographic will was known to
Angie and another friend, Peter. Paul died. Both wills were sought to be
probated in two separate petitions in the same court.
Which Will will be admitted to probate? Support your answer. 5%
Answer:
Only the notarial will will be admitted to probate. This is because in the
probate of holographic will, the document itself or its machine copy must be
presented in order to determine its authenticity. Unfortunately, in the case at
bar, the holographic will was burned.
III.

A husband and wife made their own holographic wills designating each other
as beneficiaries of their properties. Their respective wills are written on one
sheet of paper; the husbands on the front page while the wife wrote on the
back page. Husband died first. During the probate of the husbands will, the
same was opposed by his parents on the ground that it was a joint will. If you
were the judge, decide the case. 5%

Answer:
This is not a joint will. What is actually prohibited, therefore, is the execution of a
will in a SINGLE DOCUMENT and by ONE ACT. In the case at bar, there are two wills
written on different instruments.

Page 02.
IV.

Answer:

A. Filipino domiciled in the US makes a will therein and revokes the same
will in the States. What will be the law governing revocation? Why? 5%
B. Filipino domiciled in the US makes a Will therein but revokes the same in
the Philippines, what law will govern the revocation? Why? 5%
C. Testator is an Alien makes a will outside of the Philippines, what law or
laws will govern as to form and solemnity of the will? 5%
A. US Law.

Under Art. 829, a revocation done outside the Philippines, by a person who does
not have his domicile in theis country is valid when it is done according to the law of
the place where the will was made OR according to the law of the place in which the
testator had his domicile at the time.
b. US Law or Philippine Law. Same as Art. 829
C. The law where the will was executed or the law where he resides or Phil. Law.
a) Art. 17 the law of the place where it was executed or
b) Art. 816. The will of an alien who is abroad produces effect in the
Philippines if made with the formalities prescribed by the law of the place
in which he resides, or according to the formalities observed in his
country, or in conformity with those which this Code prescribes. (n)
V.

X made a holographic will, entirely written dated and signed by the hand of
the testator. Subsequently, with the consent of the testator, an insertion was
made by his secretary. The insertion was signed by X by his full signature. a)
What is the effect of the insertion on the Will of X? 5%
Will is void. If insertion was made after execution and validated by testator by
his signature, the entire will is void because it is not wholly written by the
testator himself;
b) Assume that in the above, the insertion was made without the consent of the
testator and therefore without his signature, what is the effect of this on the
holographic will? 5%
if insertion was made after execution but w/o consent, such is deemed not
written, the Will is still valid.

VI.

What are the basis of the requisites of sanity of the Testator in making a will?
5%

1. Nature of the estate to be disposed- the testator should have a fairly accurate
knowledge of what he owns. Accurate should be understood in the relative sense.
The more one owns the less accurate is ones knowledge of his estate expected to
be. Henry Sy might have a far less accurate picture of his economic empire than a
poverty stricken laborer.
2. Proper objects of his bounty- under ordinary circumstances, the testator should
know his relatives in the proximate degrees. As the degree of relationship goes
further, it is less likely that he knows them.
3. Character of the testamentary act- it is not required, in order for this requisite
to be present, that the testator know the legal nature of a will with the erudition of
a civilest. All that he need know is that the document he is executing is one that
disposes of his property upon death.

Page 03.
VII.

What are the matters which are covered by the intrinsic validity of a
testamentary provision. 5%
Answers:
Order of Succession
Amount of Successional Rights
Intrinsic validity of the provisions of the will
Capacity to Succeed.

VIII.

What law governs the intrinsic validity of a Will of a Filipino citizen? What
law governs the intrinsic validity of a Will of a Foreigner? 5%
Civil Code with respect to Filipino citizens and the Nationality Law of the
Foreigner

IX.

State (verbatim, if you can) Arts. 805 & 806. 40%

See the above Articles