Cajucom, Katrina Monica T.

09-8253

1984

Topic: Intestate Succession

Question:

Spouses Guillermo and Pacita had three sons, namely, A, B and C. Beset by quarrels, their
marriage broke up. Guillermo left for and obtained a divorce in the United States, where he
subsequently married Juana, by whom he had a son, D. Guillermo later died in the United States
without even knowing that C had died earlier, leaving a wife, E, and a legitimate son, F.

State the shares, if any, of the following: in the estate of Guillermo: A, B, D, E, F, Pacita and Juana.

Answer:
The legitimate sons and the surviving spouse, Pacita, are entitled to one (1) share each. Since
divorce is not recognized in the Philippines, Juana, the second wife, is not an heir and hence has
no share. D is a spurious child and will get 2/5 of the share of the legitimate son C having
predeceased Guillermo. F, the legitimate son of C, will inherit by right of representation. E the
wife of C, has no right of representation and will get nothing.

Therefore, the estate will be divided as follows:

A - 5/22
B - 5/22
F - 5/22
Pacita - 5/22
D - 2/22

Topic: Ineffective disinheritance

Question:

A had two legitimate children, namely, B and C. He made a will, instituting G and a friend, D, as
his heirs and giving a P10, 000 legacy to E, his former driver. He, however, expressly disinherited
B without specifying the reason therefore. Assuming that A's net estate is worth P100,000 upon
his death, how will it be distributed?

Answer:

According to Art. 918 of the Civil Code, disinhertaince without specification of the cause shall
annul the institution of heirs insofar as it may prejudice the person disinherited. The disinheritance
of B is therefore invalid. The institution of the heirs will only be partially annulled insofar as it
may prejudice his legitime. The legacies and other testamentary dispositions remain valid insofar
as it will not impair his legitime and are not otherwise inofficious.
B therefore gets his legitime which is 1/4 of the estate, or P25,000.00. The legacy of P10,000 to E
will be paid. The balance of the estate of P65,000 will, be divided equally between the instituted
heirs, C and D.

Topic: Barrier between illegitimate and legitimate relatives

Question:

A had two sons, one legitimate (B) and the other illegitimate (C), who both died in a car accident.
At the time of the accident, B was not married but had an illegitimate son, D. C also had an
illegitimate son, E. Upon learning of the death of his sons, A suffered a heart attack and died. Can
D and E inherit from A? Explain

Answer:

D, cannot inherit. According to Art. 992 of the Civil Code, the illegitimate child cannot inherit
from the legitimate relatives of his father or mother. According to Art. 990 of the Civil Code, rights
of illegitimate children are transmitted upon their death to their descendants, legitimate or
illegitimate, hence E can inherit.

2013

Topic: Intestate Succession

Armand died intestate. His full-blood brothers, Bobby and Conrad, and half-blood brothers,
Danny, Edward and Floro, all predeceased him. The following are the surviving relatives:
1. Benny and Bonnie, legitimate children of Bobby;
2. Cesar, legitimate child of Conrad;
3. Dante, illegitimate child of Danny;
4. Ernie, adopted child of Edward; and
5. Felix, grandson of Floro.

The net value of Armand's estate is Pl, 200, 000.

I. (1) How much do Benny and Bonnie stand to inherit by right of representation? (1%)
(A) P200,000
(B) P300,000
(C) P400,000
(D) P150,000
(E) None of the above.

I. (2) How much is Dante's share in the net estate? (1%)

(A) P150,000.
(B) P200,000.
(C) P300,000.
(D) P400,000.
(E) None of the above.

I. (3) How much is Ernie's share in the net estate . (1%)

(A) P 0.
(B) P400,000.
(C) P150,000.
(D) P200,000.
(E) None of the above.

I. (4) How much is Felix's share in the net estate? (1%)

(A) P400,000.
(B) P150,000.
(C) P300,000.
(D) P0.
(E) None of the above.

Answers:

I. (1) – (E) None of the above.

According to Art. 975 of the Civil Code, if all the siblings are disqualified to inherit, the nephews
and nieces will inherit per capita, and not by the right of representation.

I. (2) – (E) None of the Above.

The facts do not state that Danny is an illegitimate half-blood brother of Armand, hence, the law
presumes that the relationship is legitimate. Thus Dante, as an illegitimate child of Danny, is barred
from inheriting from Armand pursuant to the “iron curtain rule” which disqualified an illegitimate
child from inheriting ab intestao from the legitimate children and relative sof his father or mother,
and vice versa (Art. 992, Civil Code).

I. (3) – (A) P0
According to Sayson v. CA (G.R. 89224-25), the legal relationship created by adoption is strictly
between the adopter and the adopted. It does not extend to the relatives of either party.

I. (4) – (D) P0
According to Art. 972 of the Civil Code, in the collateral line, the right of representation takes
place only in favor of the children of brothers or sisters, whether they be full or half-blood.
Therefore, Felix as grandson of Floro, the half-brother of the deceased, has no right to the
inheritance.