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SUGGESTED ANSWER:
In so far as the properties of the decedent located in the
Philippines are concerned, they are governed by Philippine
law (Article 16, Civil Code). Under Philippine law, the proper
venue for the settlement of the estate is the domicile of the
decedent at the time of his death. Since the decedent last
resided in Cebu City, that is the proper venue for the intestate
settlement of his estate.
However, the successional rights to the estate of ADIL are
governed by Pakistani law, his national law, under Article 16
of the Civil Code.
Legitime (1997)
"X", the decedent, was survived by W (his widow). A (his
son), B (a granddaughter, being the daughter of A) and C and
D (the two acknowledged illegitimate children of the
decedent). "X" died this year (1997) leaving a net estate of
P180,000.00. All were willing to succeed, except A who
repudiated the inheritance from his father, and they seek your
legal advice on how much each can expect to receive as their
respective shares in the distribution of the estate. Give your
answer.
SUGGESTED ANSWER:
The heirs are B, W, C and D. A inherits nothing because of his
renunciation. B inherits a legitime of P90.000.00 as the nearest
and only legitimate descendant, inheriting in his own right not
by representation because of A's renunciation. W gets a
legitime equivalent to one-half (1 / 2) that of B amounting to
P45.000. C and D each gets a legitime equivalent to one-half
(1/2) that of B amounting to P45.000.00 each. But since the
total exceeds the entire estate, their legitimes would have to be
reduced corresponding to P22.500.00 each (Art. 895. CC).
The total of all of these amounts to P180.000.00.