BIT – INTERNATIONAL COLLEGE

COLLEGE OF LAW
City of Tagbilaran

WILLS AND SUCCESSION ATTY. LILIO J. AMORA, JR.

PRELIMINARY EXAMINATIONS
October 2, 2021

INSTRUCTION

For students using laptops or PCs, copy the questions first and
paste them to another page. Thereafter, write your answers after
each question. Do not forget to write your complete name. Submit
your answers at 11:00 in the evening today to my email
liliojamorajr@gmail.com.

For students using cellphones, write your answers on a

notebook and screenshot your answers clearly on a portrait position
(not landscape) and send your answers to my messenger junboy
amora. Write your complete name. Submit your answers at 11:00 in
the evening today.

Make your answers short but concise. Do not repeat the facts in
the questions for your answers. Three points (3) for each correct
answer. Good luck!

Don Juan made a will bequeathing his fishpond to his eldest

son, Franklin. He gave his rice farm to his eldest daughter, Leni. He
gave the slipper factory to his youngest child, Antonio. After
celebrating Don Juan’s 80th birthday, Franklin sold the fishpond to
Antonio. Is the sale valid? Support your answer.

No. The right of an heir to the inheritance is inchoate before the

death of the testator. Moreover, a will is ambulatory, hence, the
testator can change, modify, alter or revoke the will during his
lifetime. (JLT Agro vs. Balansag, GR No. 141882, Mar. 11, 2005; Blas
vs. Santos, 111 Phil. 503)

II
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 In the preceding question, Leni had a quarrel with Don Juan
because the latter do not want Leni to marry Manny, Don Juan’s
political adversary. After celebrating Don Juan’s 80 th birthday, Leni
told Don Juan that she is not interested in his property, thus she is
renouncing the rice farm bequeathed to her. Is the act of Leni correct?
State your reason.

No. Future inheritance cannot be renounced because the right

of an heir to the inheritance is inchoate before the death of the
testator or decedent. Future inheritance cannot be a subject of a
contract. (Art. 905, CC) JLT Agro vs. Balansag, GR No. 141882, Mar. 11,
2005, Tordilla vs. Tordilla, 60 Phil. 162).

III

In question number I, the fishpond was cultured with prawn and

milkfish. They will be harvested two months after the birthday of Don
Juan. Franklin, a day after the birthday of Don Juan, sold the un-
harvested prawn to Isko. Can Franklin sell the un-harvested prawn to
Isko? Support your answer.

It depends.

The answer is yes if Don Juan gave his consent because he is

still the owner of the property. Future things can be the object of a
contract. “Well-entrenched is the rule that all things, even future ones,
which are not outside the commerce of men may be the object of
contract…” (Art. 1347, CC; Vda. de Cabalu vs. Sps. Tabu, GR No.
188417, September 24, 2012)

If he did not give his consent, the sale is void.

IV

In his will, Don Pedro provided that his estate shall not be
disposed or sold before his youngest daughter, Cleopatra, turns thirty
years old. Don Pedro died when Cleopatra was one year old.
However, Mateo, Pedro’s eldest child, sold a portion of Don Pedro’s
estate to Michael when Cleopatra was twenty two years old. It was a
one-hectare agricultural land situated in Agusan del Norte. Don Pedro
owned several hectares of land in Mindanao. Mateo argued that he

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was only selling his undivided share of Don Pedro’s estate. Can
Mateo sell the land to Michael despite the prohibition in the will that
Don Pedro’s estate cannot be disposed or sold before Cleopatra turns
thirty? Support your answer.

Yes. A prohibition not to sell the inheritance for more than

twenty years is void.

Mateo sold the land to Michael twenty one years after Don Juan
died. Moreover, succession takes place upon the death of the
decedent or testator.

When Don Juan died, Mateo is now the owner of an undivided

interest or aliquot part of the estate of the former. (Article 774, 870)

Vicente owned ten hectares of land. Vic is the only child of

Vicente. Vicente suffered a stroke and was bedridden. Vicente,
through the help of Atty. X made a will leaving the entire legitime to
Vic and bequeathing parts of the free potion to Inting, Vicente’s driver
and another part to Titing, Vicente’s cook. Vicente was paralyzed but
he can converse sensibly. Can Vicente make a will despite the fact
that he cannot sign the same due to paralysis? State your reason.

Yes. Vicente can make a will by letting another person sign in

his behalf with his consent and under his direct and express
supervision. It has to be attested and subscribed by at least three
witnesses in the presence of the testator and of one another. (In Re:
Will of Tan Diuco, 45 Phil. 807; Art. 805 Art. 806)

VI

Due to drug addiction, Maria filed a case for legal separation

against Tito, her husband. During the pendency of the case, Maria
died. The children, Vic, Joey and Pepsi hated their father so much
that they filed a motion for intervention in the case to represent Maria,
their deceased mother. You are the judge. Decide. Support your
decision.

I will deny the motion. The right to file legal separation is strictly
a personal right. The children had no locus standi in the case.

VII

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 Francis had two successful children: Sharon who is the owner
of a chain of restaurants in Metro Manila and Jose who is the owner
of a chain of hotels in Asia. Francis contracted a loan with X Bank in
the amount of Ten Million Pesos (P10,000,000.00). However, six
months after Francis contracted the loan, he died. He left an
agricultural land in Batangas and a fishpond in Bulacan with a value
of Five Million Pesos (P5,000,000.00). X Bank collected the remaining
P5,000,000.00 from Sharon and Jose, thinking that they are
financially capable of paying the unpaid loan of Francis. Sharon and
Jose refused to pay the unpaid loan of Francis. X Bank filed a
collection case. You are the judge. Decide. Support your decision.

I will dismiss the complaint. The heirs are obliged to pay the
obligation of the testator or decedent up to the value of the
inheritance. Francis left an inheritance with a value of P5,000,000.00.
Thus, X Bank cannot collect the other P5,000,000.00 from the heirs.

VIII

Hermes had three children – Frank, Norma and George. After

all children have graduated in college, Hermes executed a will
bequeathing his fishpond to Frank; his slipper factory to Norma and
his fishing boat to George. After the will was executed, Norma
donated the slipper factory to Mario, her half-brother. Is the donation
valid? Support your answer.

No. Future inheritance cannot be the subject of donation.

Moreover, the right of an heir to the inheritance is inchoate before the
death of the testator.

IX

Benedicto died intestate. His son, Francisco has a share of the

inheritance consisting of a hectare of agricultural land and one
thousand (1,000) square meters of commercial land. Francisco
migrated to Hawaii on May 1, 2015 to work in a pineapple plantation.
Francisco has four siblings – Ligaya, Tomasa, Gregorio and Victor
who are still alive. This year, due to the pandemic, the siblings of
Francisco decided to sell his share in the inheritance. But Francisco’s
whereabouts were unknown since he left the Philippines in 2015.
When can the siblings of Francisco file a petition for judicial
presumption of death in order that Francisco’s succession can be
opened?

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 It depends. If Francisco is more than 75 years after his
disappearance, a period of 5 years shall be sufficient to open his
succession. Thus, the heirs can open the succession of Francisco on
April 30, 2020. But, if Francisco is less than 75 years, a period of 10
years from his disappearance is required. His succession can be
opened on April 30, 2025. Moreover, if Francisco’s absence is
qualified or in the danger of death, the heirs can open the succession
four years after his disappearance, i.e. April 30, 2019.

Emmanuel had three children: Apollo, Raffy and Dick.

Emmanuel owned three hectares of agricultural land in Zambales.
After Emmanuel died and before subdividing the property, Raffy sold
one hectare of land to Antonio because the latter wanted to make the
land as filling material in an island in the West Philippine Sea. Is the
sale valid? Support your answer.

Yes. Succession takes place upon the death of the testator or

decedent. Even before the estate is subdivided, one heir can sell his
undivided interest or aliquot portion of the inheritance.

XI

In the year 1901, when the Americans came to rule the

Philippines, Miguel made a holographic will bequeathing his
properties to Victorio who was a politician close to the Americans.
Later, in the year 1935, Miguel contracted a loan with Enriquez. When
the obligation became due and demandable, Enriquez filed a case for
sum of money against Miguel attaching his agricultural land in
Pampanga. Miguel argued that the land cannot be the subject of
execution because he has given all his property to Victorio long time
before the loan was contracted. Is Miguel correct? Support your
answer.

No. The validity of a will as to its form depends upon the

observance of the law in force at the time it is made. (Article 795)

The probate court disallowed the holographic will made in 1923.

In the year 1923, holographic wills were not allowed by law. The new
Civil Code which allows holographic will was approved on June 18,
1949. (Vda. de Enriquez vs. Miguel Abadia, L-7188, August 9, 1944)
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 In this case the holographic will was made in the year 1901 long
before the holographic wills were allowed, i.e. 1949. Therefore,
Enriquez can attach the land of Miguel.

XII

Osaka, a Japanese national, married Maria, a Filipino citizen.

The couple acquired properties in the Philippines. Among them is a
house and lot located in Cebu City. Maria died during the existence of
the marriage. The siblings of Maria filed an intestate proceeding
claiming the properties left Maria contending that Osaka is an alien
and cannot own real properties in the Philippines. You are the probate
judge. Decide.

Osaka can own real estate in the Philippines through

succession because he is the wife of Maria. Section 7, Article XII,
1987 Constitution - Save in cases of hereditary succession, no
private lands shall be transferred or conveyed except to individuals,
corporations, or associations qualified to acquire or hold lands of the
public domain.

XIII

Santos executed a will complying with the requirement imposed

by law. However, during the probate of the will, the siblings of Santos
opposed contending that Santos was in the stage of senility when he
executed the will. Hence, they contended that Santos was of unsound
mind when he made the will. You are the judge. Decide.

I will continue with the probate of the will.

To be of sound mind, it is not necessary that the testator be in

full possession of all his reasoning faculties, or that his mind be
wholly unbroken, unimpaired, or unshattered by disease, injury or
other cause.

It shall be sufficient if the testator was able at the time of

making the will to know the nature of the estate to be disposed of, the
proper objects of his bounty, and the character of the testamentary
act. (Art. 799)

Senility is not considered as manifestation of unsound mind.

(Baltazar vs. Laxa, GR No. 174489, April 11, 2012)

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 X

Sulpicio, single, made a will bequeathing all his property to

Wilma, his sister. A week after the probate of the will, Sulpicio’s other
siblings opposed contending that the psychiatrist confirmed that
Sulpicio was suffering from senile dementia. You are the judge.
Decide.

I will continue with the probate of the will.

Supervening incapacity does not invalidate an effective will, nor

is the will of an incapable validated by the supervening of capacity.
(Article 801)

The psychiatrist only found out the mental problem of Sulpicio,

a week after the probate of the will.

Therefore, Sulpicio was of a sound mind when he executed the

will.

XIV

Pedro made a will. The will was prepared by Atty. X, a notary

public. There were five persons inside the living room other than
Pedro and Atty. X when the former affixed his signature. They were
Jose, Arthur, Donald, Kate and Fritzi. They were all listed as attesting
witnesses. When Pedro affixed his thumb mark on the will, Jose was
at the couch reading the newspaper; Arthur, was frequently going to
the toilet outside the living room because of LBM; Kate was watching
TV with Donald inside the living room and Fritzi was assisting Pedro
turn the pages of the will for the latter to affix his thumb mark.

a. Is the will valid considering that Pedro only affixed his thumb
mark?

Yes. Signing by the testator by means of a thumb mark is valid

because it was done with his intention to be his signature.
There is no need for signing his full name. (Payad vs. Tolentino,
62 Phil. 848)

b. Can Arthur qualify as an attesting witness?

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 No. His going to the toilet does not comply with the requisite of
“presence” which requires the opportunity to see by merely
casting one’s eye in the proper direction and without any
physical obstruction to prevent their doing so. (Jabonita vs.
Gustilo, 5 Phil. 541)

XV

Jaguar instituted Barok as the first heir but in his will he

expressly made Tare as the substitute making it appear that Barok
shall take care and preserve the Mercedes Benz of Jaguar and
transmit the same to Tare upon Jaguar’s death because at the time
the will was made, Tare was still a minor. Tare was an uncle of Barok.
Is the substitution valid? Support your answer?

No. The substitution must not go beyond one degree from the
heir originally instituted. In this case, Tare, the substitute is related to
Barok within the third civil degree relationship. (Rabadilla vs. CA, et
al., G.R. 113725, June 29, 2000; Article 863, Civil Code)

XVI

When Garbo made a will, he and the attesting witnesses signed

their names on the bottom of each and every page of the will. Garbo’s
son, Jayvee, opposed contending that the will was extrinsically invalid
because the requirement is to have the signatures placed on the left
margin of each page. Decide.

The will is extrinsically valid. The signatures can be placed on

the left, right, top or bottom margin because the purpose is only to
identify the pages and thus prevent fraud. There was substantial
compliance of the law. (Avena vs. Garcia, 42 Phil. 145)

XVII

The children of Tomas executed an extrajudicial settlement of

an estate of a deceased person. Pedro, the eldest child of Tomas is
now an American citizen and is residing in San Diego, California. One
child, Dick, who is not in good terms with Pedro, opposed the
document contending that Pedro is now an alien, thus he cannot own

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real properties in the Philippines. Can Pedro own real properties in
the Philippines? State your reason.

Yes. Section 8, Article XII of the 1987 Constitution

provides, “Notwithstanding the provisions of Section 7 of this Article,
a natural-born citizen of the Philippines who has lost his Philippine
citizenship may be a transferee of private lands, subject to limitations
provided by law.”

XVIII

Colangco was made an attesting witness to the notarial will of

Delila. Colangco is a natural born Filipino presently residing in Hawaii
but is on a vacation in Bohol because he was born and he grew up in
Inabanga, Bohol. Colangco is of sound mind, forty years of age,
knows how to read and write, not blind, deaf or dumb. Is Colangco
qualified to be an attesting witness to the will of Delila? Support your
answer?

No. Any person not domiciled in the Philippines is disqualified

from being witness to a will.

Colangco may be a natural born citizen as he was born in

Inabanga, Bohol, but presently, he is an American citizen domiciled in
Hawaii. He is only in Bohol for a vacation.

Therefore, Colangco is disqualified to be a witness in a will.

(Art. 821)

IX

Don Jose is dying. He called his attorney, Atty. Jones, and

requested him to make a will. Don Jose has the following properties:
a house and lot in Tagbilaran City; a Mercedes Benz; a Ford pick-up
truck; a yacht; two dump trucks; ten hectares of fishpond in Mabini,
Bohol; five hectares of rice farm in Cabanatuan, Nueva Ecija; and a
restaurant in Hong Kong. Don Jose has three children: Benigno, Bam
and Kris. Don Jose entrusted to his attorney what properties his
children will inherit. After Don Jose died, the will was probated. You
are the probate judge. Will you allow the will of Don Jose? Support
your answer.

No. Under Article 784 of the Civil Code, the making of a will is a
strictly personal act; it cannot be left in whole or in part to the
discretion of a third person, or accomplished through the
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instrumentality of an agent or attorney. (Rabadilla vs. CA, G.R.
113725, June 29, 2000)

XX

Andres, a Filipino, executed a holographic will, handwritten in its

entirety and signed by him in his residence at Kawit, Cavite. At the
bottom of the will, Andres affixed his signature and the words,
“Independence Day 2000”. Is the will valid?

Yes. The holographic will was handwritten in its entirety by

Andres, signed by him and completely dated. The words
“Independence Day 2000” can be determined. It means June 12,
2000. (Roxas vs. De Jesus, Jr., GR No. 38338, Jan. 28, 1985)

XXI

Isidro owns properties valued at P10M. He is a widower and

has three children named Antonio, Benigno and Mar. One day while
travelling to Tagaytay City, Isidro met a vehicular accident when his
car fell into a ravine. He luckily survived but he became blind because
of the glass splinters which damaged his both eyes. He approached
you because he desires to make a will. Can Isidro make a will?
Support your answer.

Yes. If the testator is blind, the will shall be prepared by another

person under his express consent and direct supervision and the will
shall be read to him twice; once, by one of the subscribing witnesses,
and again, by the notary public before whom the will is
acknowledged. (Art. 808)

XXII

Joseph was made an attesting witness in the will of Ignacio.

The following day after the execution of the will Joseph was convicted
of perjury. Does the conviction of Joseph disqualify him from being a
witness to a will? Yes or no and why?

No. While it is true that those who have been convicted of

falsification of a document, perjury or false testimony are disqualified
from being a witness to a will, Joseph can still be a witness to the will

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of Ignacio. Joseph was competent on the execution of the will and his
becoming subsequently incompetent shall not prevent the allowance
of the will. (Art. 822)

XXIII

Gaspar is a Filipino, 77 years old, a widower and has three

children, Alfred, Buzz and Candida. Gaspar owns properties valued at
P6M. He made a will instituting Facundo, his driver with a legacy of
one pick-up truck valued at P1M. He bequeathed to Julia, his cook, a
devise of an agricultural land valued at P1M. Gaspar also instituted
his close friend, Serena, a legacy of a house and lot valued at P2M.
Gaspar died yesterday. Is the institution of Facundo, Julia and Serena
officious? Support your answer?

No. The institution is inofficious because it prejudices the

legitime of the compulsory heirs, namely, Alfred, Buzz and Candida.

Since the total estate of Gaspar is P6M, then the 50% or P3M
shall not be impaired because this is the legitime.

In his will, Gaspar disposed P4M which exceeds the free

portion thereby compromising the legitime. (Art. 842)

XXIV

Daniel instituted Elton with a devise of one hectare agricultural

land valued at P1M. Elton was the nephew and was the farm
manager of Daniel. Daniel has a wife, Elena and one daughter,
Helen. Daniel has properties valued at P2M. After the will was made,
Elton died but he left a sole heir, Paulo, his child. One month after the
death of Elton, Daniel died. The will was probated. Can Paulo
represent his father Elton in the inheritance bequeathed by Daniel?
Yes or no and why?

No. A voluntary heir who predeceased the testator transmits

nothing to his heirs.

XXV

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 Peter, a Chinese national is presently residing in Oregon, USA.
You are a close friend of Peter and he sent an email inquiring you
what formalities shall be followed if he wants to make a will involving
all his properties including those in the Philippines. Write your reply to
Peter for your answer.

Dear Peter,

An alien can make a will involving his property in the Philippines if:

1. He follows the formalities of his domicile or residence.

2. He follows the formalities in that foreign country;

3. He follows the formalities of his own country; or

4. He follows the formalities prescribed by Philippine laws.

-END-

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