Proceedings; Intestate Proceedings; Jurisdiction (2004)

In his lifetime, a Pakistani citizen, ADIL, married three times under Pakistani law.
When he died an old widower, he left behind six children, two sisters, three homes,
and an estate worth at least 30 million pesos in the Philippines. He was born in
Lahore but last resided in Cebu City, where he had a mansion and where two of
his youngest children now live and work. Two of his oldest children are farmers in
Sulu, while the two middle-aged children are employees in Zamboanga City.
Finding that the deceased left no will, the youngest son wanted to file intestate
proceedings before the Regional Trial Court of Cebu City. Two other siblings
objected, arguing that it should be in Jolo before a Shari’a court since his lands
are in Sulu. But Adil’s sisters in Pakistan want the proceedings held in Lahore before
a Pakistani court. Which court has jurisdiction and is the proper venue for the
intestate proceedings? The law of which country shall govern succession to his
estate? (5%)

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; Compulsory Heirs vs. Secondary Compulsory Heirs (2005)

Emil, the testator, has three legitimate children, Tom, Henry and Warlito; 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 an aggregate net amount of Pl,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? (5%)

SUGGESTED ANSWER:
P600,000.00 — legitime to be divided equally between Tom, Henry and Warlito as
the legitimate children. Each will be entitled to P200,000.00. (Art. 888, Civil Code)
P100,000.00 -- share of Ramon the illegitimate child. Equivalent to 1/2 of the share
of each legitimate child. (Art. 176, Family Code) P200,000.00 — Adette the wife.
Her share is equivalent to the share of one legitimate child. (Art. 892, par. 2, Civil
Code)

Pepe and Pilar, the parents are only secondary compulsory heirs and they cannot
inherit if the primary compulsory heirs (legitimate children) are alive. (Art. 887, par.
2, Civil Code)

Brother Mark and sister Nanette are not compulsory heirs since they are not
included in the enumeration under Article 887 of the Civil Code.

The remaining balance of P300,000.00 is the free portion which can be given to the
illegitimate child Ramon as an instituted heir. (Art. 914, Civil Code) If so given by the
decedent, Ramon would receive a total of P400,000.00.

Wills; Testamentary Disposition (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.
Was Don's testamentary disposition of his estate in accordance with the law on
succession? Whether you agree or not, explain your answer. Explain.

SUGGESTED ANSWER:
Yes, Don's testamentary disposition of his estate is in accordance with the law on
succession. Don has no compulsory heirs not having ascendants, descendants nor
a spouse [Art. 887, New Civil Code]. Brothers and sisters are not compulsory heirs.
Thus, he can bequeath his entire estate to anyone who is not otherwise
incapacitated to inherit from him. A common-law wife is not incapacitated under
the law, as Don is not married to anyone.

If Don failed to execute a will during his lifetime, as his lawyer, how will you
distribute his estate? Explain. (2.5%)

SUGGESTED ANSWER:
After paying the legal obligations of the estate, I will give Ronie, as full-blood
brother of Don, 2/3 of the net estate, twice the share of Michelle, the half-sister
who shall receive 1/3. Roshelle will not receive anything as she is not a legal heir
[Art. 1006 New Civil Code].

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. (2.5%)
SUGGESTED ANSWER:
Jayson will be entitled to the entire P12 Million as the brother and sister will be
excluded by a legitimate son of the decedent. This follows the principle of
proximity, where "the nearer excludes the farther."

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. (2.5%)

SUGGESTED ANSWER:
Jayson will still be entitled to the entire P12 Million as the father, brother and sister will
be Civil Code]. This follows the principle that the descendants exclude the
ascendants from inheritance.