Best Answers RTHRH

INDIVIDUAL QUIZ – WEEK NO.
11
NOTES:
VALDES v RTC
As a general rule, in cases of void marriages - the special rules on co-ownership under Arts. 147 and
148, as the case may be, shall apply.
- In liquidation and partition of co-ownership, the ordinary rules of co-ownership under the NCC
are applicable and not Arts. 50, 51, and 52
- Article 50 requires the delivery of presumptive legitimate
- Article 51 provides how the presumptive legitimes should be valued
- Article 52 requires the recording of the delivery of the presumptive legitimate in the proper
registry of property in the civil registry
Applying Valdes,
GR: In VOID MARRIAGES, the delivery of the presumptive legitime is GENERALLY NOT REQUIRED,
Exceptions: Art. 40, 52, 53 (declaration of nullity of a SUBSEQUENT MARRIAGE due to no JDNOM of
1st void marriage)
In ANNULLED MARRIAGES, the delivery of presumptive legitime is a MUST.
- Children & their guardians & trusties have the legal standing to seek enforcement of the
judgment (delivery of presumptive legitimes) – via summary court proceeding
FULL-BLOOD AND HALF-BLOOD RELATIONSHIPS
Rule of Equality - Heirs of the same rank inherit in equal shares
Exceptions:
1. In intestacy, full blood brothers and sisters (voluntary heirs) inherit twice as much as half-blood
sisters (Art. 1006)
xxx
- If a testator instituted without qualification his brothers and sisters as his heirs, the latter
will inherit in equal shares regardless of their full or half-blood relationship with the
former.
- The barrier applies to an illegitimate child who seeks to inherit by operation of law from
half-blood sibling in the legitimate line (Manuel vs. Ferrer).
COLLATION
Page 1 of 26
Indicate whether a donation is inofficious and how much must be RETURNED - you NEVER say
REDUCED
CALCULATION OF THE LEGITIME
Formula for the calculation of the legitime (Article 908)
Value of property left at the time of death of testator

- Debts and charges
Net hereditary Estate
+ Collationable Donations
= Theoretical Hereditary Estate
 The value of property left by the testator is calculated at the time of his death – not the acquisition
cost, nor any speculative value. The basis of valuation is the fair market value of the property. Note the
exclusions from the estate of the decedent.
 Debts and charges include the testator’s unpaid and demandable contractual as well as statutory
obligations (e.g., the estate tax). Exclude those indicated in the will (legacies, devises, etc.).
 The net hereditary estate is the actual estate to be distributed to the heirs.
 Add the collationable donations to get the theoretical hereditary estate.
 Compute the legitime on the basis of the theoretical hereditary estate.
The net effect of collation is to increase the base hereditary estate on which the legitime shall be
computed. By doing this, the legitime of the compulsory heirs is computed as though there were no
donations inter vivos or other gratuitous conveyances made by the testator which resulted in the
diminution of his patrimony. Without collation, a person can indirectly deny or reduce the legitime of his
compulsory heirs through the simple expedient of dissipating his estate by gratuitous acts inter vivos.
Note, however, that bona fide onerous dispositions of property are not brought to collation because as the
transferor alienates a property, he receives a consideration for the same, thereby resulting in a mere
reclassification of assets in his balance sheet. There is no diminution of his patrimony.
Source: Sebastian/Jittery Bar taker
Page 2 of 26
ANSWERS
85/85
EXERCISES
1. A presumptive legitime is an advance on the legitime given to the children upon

the termination of their parents’ marriage by annulment or declaration of void
marriages under Article 43 in relation to Article 44, which consists of one-half of
the value of the conjugal property of the spouses as of the date of the final
judgment.
2. The presumptive legitimes must be delivered to the common children, and that
the same to be subject to collation. Because the presumptive legitime will be
deemed as an advance to their legitime.
3. A and B marriage was annulled, At the time of the final judgment, the only
conjugal property of the spouses is a 10 hectare parcel of coconut farm. The
presumptive legitime is one-half of the 10 hectare coconut farm of the spouses or
5 hectares.
EXERCISES
(COMPUTATION)
1. S, A, B and C will each received Php 240,000 as their legitime. The Php500,000
donation given to X will be reduced by Php 20,000 for being inofficious, since the
donation of D impaired the legitime of his heirs. X must return to the estate of the
D the amount of PhP20,000.00.
1,000,000.0
Value of Estate 0
Less Debts (10,000.00)
Less Taxes (50,000.00)
Net Hereditary Estate 940,000.00
Add Collationable
Donations 500,000.00
Theoretical Hereditary 1,440,000.0
Page 3 of 26
Estate 0

Strict Legitime (1/2) 720,000.00

Free Portion (1/2) 720,000.00
Legitime of LC ([1/2] / #
of LC) 240,000.00
Legitime of SS (Same as
one LC) 240,000.00
2. The heirs A, B and S are entitled to P300,000 each as their legitime, The devisee
D will receive the condominium unit valued at P500,000 but reimburse P200,000
for being inofficious. Because such devise would impair the legitime of D’s heirs.
Theoretical Hereditary 1,200,000.0

Estate 0

Free Portion 600,000.00

Legitime of LC ([1/2] / # of
LC) 300,000.00
Legitime of SS (Same as
one LC) 300,000.00
3. C and D the legitimate children of A, will receive P 35,000 each as their legitime
taken from the strict legitime. B the surviving spouse will receive P35,000 from
the free portion and the donation to X will be reduced by P15,000 and X must
reimburse B, C and D P5,000 each to complete their legitime.

add Donation to X 50,000.00
Theoretical Hereditary
Estate 140,000.00

Free Portion (1/2) 70,000.00
Page 4 of 26

LC) 35,000.00
Legitime of SS (Same as one
LC) 35,000.00
Page 5 of 26
4. C will receive P 30,000 from the strict legitime. D (Spouse) will receive P 30,000
from the free portion. B (donee-heir) is entitled to P60,000 which is P30,000 from
the strict legitime and P30,000 from the free portion (free disposal). The
donation to B is not inofficious; it did not impair the legitime of the compulsory
heirs. If the donor specifically declares the donation to be non-collationable, in
which case it is charged to the disposable free portion, provided the legitime is
not impaired.

Add Non-Collationable Donation to
B 30,000.00
Theoretical Hereditary Estate 120,000.00


Legitime of LC ([1/2] / # of LC) 30,000.00
Legitime of SS (Same as one LC) 30,000.00
Page 6 of 26
5. B will receive P 60,000, P40,000 of which coming from the strict legitime and P
20,000 from the free portion. D will receive P40,000 from the strict legitime. C will
be entitled to the donation of P20,000 because the donation to the repudiating
compulsory heir shall be charged to the disposable free portion. And E the
surviving spouse will be entitled to P40,000 from the free portion.

Donation to B 20,000.00
Donation to C 20,000.00


LC) 40,000.00
Legitime of SS (Same as one
LC) 40,000.00
6. B will receive P60,000, (P25,000 from the strict legitime which is reduced by the
collationable donation against her legitime, and P35,000 the remaining free
portion which was also reduced by P15,000 or 1/10 th of the free disposable
portion.)
C will receive P50,000, (P15,000 from the strict legitime which is reduced by the
portion.)
D will receive P40,000, (P5,000 from the strict legitime which is reduced by the
portion.)

Wedding Gift to B 40,000.00
Wedding Gift to C 50,000.00
Wedding Gift to D 60,000.00

Page 7 of 26


Non- Collationable Donation (1/10) 15,000.00
Legitime Free Potion

Non- (less (less Non-
Strict Wedding Collationab Collationab Collationabl Collationabl
Intestate
Legitime Gifts le le e) e) Share
₱50,000.0 ₱40,000.0 ₱60,000.0
B 0 0 ₱15,000.00 ₱25,000.00 ₱25,000.00 ₱35,000.00 0
₱50,000.0 ₱50,000.0 ₱50,000.0
C 0 0 ₱15,000.00 ₱35,000.00 ₱15,000.00 ₱35,000.00 0
₱50,000.0 ₱60,000.0 ₱40,000.0
D 0 0 ₱15,000.00 ₱45,000.00 ₱5,000.00 ₱35,000.00 0
EXERCISE
(All about John)
Mary John
Sandra James Teressa
Andrew Robert Dorothy Philip Freddy
1. James will inherit from Andrew. Because the law provides legitimate parents are
compulsory heirs with respect to their legitimate children in the absence of the
decedents legitimate children and descendants.
2. Robert will receive the entire P105,000 property. The remaining P240,000 from
the estate of James will be divided equally among his heirs. Robert, Dorothy,
Philip and Freddy will each receive P48,000 (P30,000 from the strict legitime and
P18,000 from the free portion). While Teressa the surviving spouse will receive
P48,000 from the free portion.

Less Reservable Property 105,000.00

Page 8 of 26
240,000.00


Legitime of SS (Same as one LC) 30,000.00
3. No, my answer will not be the same. Because if it was James’ father who
donated the property, then there will be no reserve truncal and all his legitimate
children will share the P105,000.
Robert will receive P42,000 and Dorothy, Philip and Freddy will receive P21,000
each because they are half-siblings of Andrew.
OBQ
1. No, the opposition is not correct. Because wills executed by a Filipino in a foreign
country can be in any form established in the country where he may be at the
time of execution and such will may be probated in the Philippines.
2. If the will is a notarial will, it remains effective despite the act of tearing the will in
two pieces. There is no intent to revoke the will because the act of tearing, is not
considered an overt act to revoke a will by tearing when a will is mutilated by
error or accident, there being no animo revocandi, there is no revocation. The
testimonies of the attesting witnesses and the notary public may be proof for its
admission to probate. If the will is a holographic will, and it is contested,
testimonies of at least three such witnesses is required in order for the will to be
admitted to probate.
3. The UK law (nationality), Philippine law and the Chinese law (law of the place of
execution). Because the law provides, an alien abroad may make a will in
accordance with the formalities (extrinsic validity) prescribed by the law of: (a) the
place of his residence or domicile; (b) his own country or nationality; (c) the
Philippines; (d) the law of the place of execution.
4. The US law, Canadian law and Japanese law may govern the formalities if these
laws authorize the execution of a joint will. However, joint wills are not valid in the
Philippines, even though authorized by the laws of the country where they may
have been executed.
Page 9 of 26
5. The French law (Nationality), Japanese law (domicile) and the Philippine Law.
Because the law provides that a revocation done outside the Philippines, by a
person who does not have his domicile in this 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; and if the
revocation takes place in this country.
75/85
1. Presumptive legitime is to be understood as the legitime of the children of

annulled or dissolved marriages. It consists of one-half (1/2) of the value of the
conjugal properties of the spouses The value of the presumptive legitime must be
computed as of the date of the final judgment of the trial court and it must be
delivered to the children of the spouses right after the marriage has been
dissolved. This is to protect the interests of the children in the first marriage.
2. The delivery of the presumptive legitime to the common children should be done
during the lifetime of the spouses, specifically upon the partition of the properties
of the spouses. As provided under Art. 51 of the Family Code, the value of the
properties already received under the decree of annulment or absolute nullity
shall be considered as advances on their legitime.
One example is in a case of Annulment. Spouses Dela Cruz had two children,
Necitas and Cora Dela Cruz. After some time, the Spouses decided to annul their
marriage. Under the Articles 50 and 51 of the Family Code, the final judgment in
cases such as Annulment, shall provide for the partition and distribution of the
properties of the spouses, the custody and support of the children, and the
delivery of their presumptive legitimes. In the said partition, the value of the
presumptive legitimes of all the common children shall be delivered in cash,
property or securities. However, the value of the properties received by the
children under the decree of annulment shall be considered as advances on their
legitime. In the instant case, Necitas and Cora Dela Cruz can inherit one-half
(1/2) of the entire estate of their parents and this would be deducted from their
respective legitimes pursuant to Art. 888 of the New Civil Code.
3. A, B, and C will each receive Php 240,000 from the strict legitime since they are
the legitimate children of D. The Surviving Spouse will also receive Php 240,000
from the free portion.
Gifts or donations to persons who are not considered as compulsory heirs are
always chargeable against the free portion. In the instant case, when the
donation was added to the legitime of the Surviving Spouse, the Free
Portion amounted to Php 740,000, which is considered inofficious. Hence, the
Donee, X, must return the Php 20,000 to the estate of D because the legitime
cannot be impaired.
Page 10 of 26
The total legitime is Php 960,000 and the disposable free portion is Php 480,000.
Php 1,000,000 (Hereditary Estate)
- Php 60,000.00 [Debts (10,000) + Estate Tax (50,000)]
Php 940,000 (Net Hereditary Estate)
+ Php 500,000 (Collationable Donation to X)
Php 1,440,000 (Theoretical Hereditary Estate)
÷ 2
Php 720,000 (Legitime) A, B & C
Php 720,000 (Free Portion)
Strict Legitime (Php 720,000) Free Portion (Php 720,000)
(A) Php 240,000 (Surviving Spouse) Php 240,000
(B) Php 240,000 (Donation to X) Php 500,000
(C) Php 240,000
= Php 720,000 = Php 740,000
Php 720,000 – Php 740,000 = (-) 20,000
To compute for the Total Legitime and Disposable Free Portion:
- (-) Php 20,000
Php 960,000 (Total Legitime)
- Php 960,000
Php 480,000 (Disposable Free Portion)
4. The theoretical hereditary estate which includes the condominium unit amounted
to Php 1,200,000. If the will shall be admitted to probate, the devise given to D
will impair the legitime of the compulsory heirs because A and B, (the legitimate
children) and S (the Surviving Spouse) are each entitled to a legitime of Php
300,000 or a total of Php 900,000.The disposable free portion is only Php
300,000. The devise is inofficious by Php 200,000. However, since the
condominium unit cannot be divided, the condominium unit shall be adjudicated
to D because the reduction will not absorb one-half of its value. D shall therefore
reimburse the compulsory heirs, A, B and S the amount of Php 200,000.
Php 700,000 (Hereditary Estate)
+ Php 500,000 (Device of Condo unit to X)
÷ 2
Php 600,000 (Legitime) A & B
(A) Php 300,000 (Surviving Spouse) Php 300,000
(B) Php 300,000 (Devise to D) Php 500,000
Page 11 of 26
= Php 600,000 = Php 800,000
Php 600,000 – Php 800,000 = (-) 200,000
5. A’s legitimate children, C and D will each receive Php 35,000 from the Strict
Legitime and the Surviving Spouse will also receive Php 35,000 taken from the
free portion. The total legitime is Php 105,000 and the disposable free portion is
only Php 35,000.
The donation to X impaired the legitime of the compulsory heirs; hence, the
donation to X must be reduced by Php 15,000. The donation to X should only be
Php 35,000.
+ Php 50,000 (Donation to X)
Php 140,000 (Theoretical Hereditary Estate)
÷ 2
Php 70,000 (Legitime) C & D
(C) Php 35,000 (Surviving Spouse) Php 35,000
(D) Php 35,000 (Donation to X) Php 50,000
= Php 70,000 = Php 85,000
Php 70,000 – Php 35,000 = (-) 15,000
Reimbursement
Heir Estate Shares Legitime
from X
C Php 30,000 Php 5,000 Php 35,000
D Php 30,000 Php 5,000 Php 35,000
B Php 30,000 Php 5,000 Php 35,000
Total Php 90,000 Php 15,000 Php 105,000
To compute for the Total Legitime and Disposable Free Portion:
- (-) Php 15,000
Php 105,000 (Total Legitime)
- Php 105,000 (Total Legitime)
6. The donation to B did not impair the legitime of the other compulsory heirs;
hence, it is not inofficious. The donation to B shall be charged to the disposable
free portion because the hereditary estate is sufficient to settle the legitimes of
the compulsory heirs.
The estate of A, amounting to Php 90,000 shall be distributed equally among B,
C (A’s legitimate children) and D (surviving spouse).
Page 12 of 26
+ Php 30,000 (Non-collationable Donation to B)
÷ 2
Php 60,000 (Legitime) B & C
Php 60,000 (Free Portion) D
(B) Php 30,000 (D) Php 30,000
(C) Php 30,000
= Php 60,000 Php 60,000 – Php 30,000 = Php 30,000
Heir Donation Intestate Share Total

B Php 30,000 Php 30,000 Php 60,000
C Php 30,000 Php 30,000
D Php 30,000 Php 30,000
Total Php 30,000 Php 90,000 Php 120,000
7. The donation to C amounting to Php 20,000 should have been charged to his
legitime but since C repudiated A’s inheritance, C is not entitled to any legitime.
However, the donation to C must be charged to the disposable free portion. C
shall only receive the Php 20,000 donation.
On the other hand, the donation to B amounting to Php 20,000.00 which is non-
collationable shall also be charged to the disposable free portion. B shall receive
Php 60,000 taken from the Strict Legitime and the Disposable Free Portion. D
and E shall both receive Php 40,000 as their legitimes.
+ Php 40,000 (Donations to B and C)
÷ 2
Php 80,000 (Legitime) B, C & D
Php 80,000 (Free Portion) E

(B) Php 40,000 (E) Php 40,000
(C) Php 0
(D) Php 40,000
= Php 80,000 Php 80,000 – Php 40,000 = Php 40,000
To compute for the Disposable Free Portion:
- Php 120,000 (Total Legitime)
Page 13 of 26
8. A’s legitimate children, B, C and D are entitled to a non-collationable wedding gift
of Php 15,000 which is 1/10 of the disposable free portion. The total of the non-
collationable wedding gifts amounted to Php 45,000, whereas, the total amount
of the collationable wedding gifts amounted to Php 105,000. The non-
collationable wedding gifts shall be charged to the disposable free portion, and
the collationable portion to the legitime of the donees.
In computing the net intestate share, the value of the collationable wedding gifts
shall be deducted from the gross intestate share. Thus, B shall be entitled to Php
60,000 of A’s estate; C shall receive Php 50,000; and D shall receive Php
40,000.
+ Php 150,000 (Value of the Wedding Gifts)
÷ 2
Php 150,000 (Legitime) B, C & D
Non-collationable Collationable
Heir Wedding Gifts
Wedding Gifts Wedding Gifts
B Php 40,000 Php 15,000 Php 25,000
C Php 50,000 Php 15,000 Php 35,000
D Php 60,000 Php 15,000 Php 45,000
Total Php 150,000 Php 45,000 Php 105,000

+ Php 105,000 (Collationable Portion of Wedding Gifts)
÷ 3 (3 Legitimate Children – B, C &D)
Php 85,000 (B)
Php 85,000 (C)
Php 85,000 (D)
Gross Intestate Collationable Adjusted Intestate
Heir
Share Wedding Gifts Shares
B Php 85,000 (Php 25,000) Php 60,000
C Php 85,000 (Php 35,000) Php 50,000
D Php 85,000 (Php 45,000) Php 40,000
Total Php 255,000 (Php 105,000) Php 150,000
EXERCISE
All about John
1. Only James will inherit from Andrew. This is pursuant to Art. 887 of the New Civil
Code where legitimate parents and ascendants are considered as secondary
Page 14 of 26
compulsory heirs, and they are only entitled to the legitime in case the deceased
does not have legitimate children or descendants.
2. Php 345,000 less Php 105,000 (reservable) would be equal to Php 245,000.
The Php 245,000 will be divided equally among James’ legal children: Dorothy,
Philip, Freddy, and Robert; and his second wife, Sandra. Each of them shall be
entitled to Php 49,000 from James’ estate. (Art. 897, New Civil Code)
The reservable Php 105,000 will go to Robert only because Dorothy, Philip and
Freddy are not relatives of Origin, which is John. Robert is from the direct line of
John, considering that he is the son of Sandra.
3. Yes, my answer will change if it was James’ father who donated Php 105,000 to
Andrew. Since the Php 105,000 will be coming from Andrew, his full brother,
Robert shall receive twice the share of his half siblings. Thus, Robert shall
receive Php 42,000 and his half siblings, Dorothy, Philip and Freddy, shall
receive Php 21,000 each.
OBQ
1. No, the opposition is incorrect. As provided under Art. 17 of the New Civil Code,
the forms and solemnities of wills shall be governed by the laws of the country in
which they are executed, following the principle of lex loci celebrationis. Since
Krisko executed his will in Spain, the will shall be valid even if it does not contain
Krisko’s signature in the attestation clause. Moreover, the attestation clause is
not an act of the testator but of the witnesses. As it appertains only to the
witnesses and not to the testator, Krisko’s signature is not essential to the
attestation clause.
2. If the will is a notarial will then Stefano’s act of tearing the will may amount to
revocation if it is coupled with animus revocandi or intent to revoke. Such act of
destruction of a will does not essentially constitute a valid revocation, unless the
destruction is coupled with the testator’s intent to revoke.
On the other hand, if the will is a holographic will, revocation by making any
insertion, cancellation, erasure or alteration, the testator must authenticate the
same by his full signature. If it is not authenticated with the testator’s full
signature, the will remains valid.
3. The law that will govern is British law because it is the nationality of the testator
at the time of his death. Further, it is the law when the succession will open which
must determine the intrinsic validity of the provisions of the will.
Page 15 of 26
4. It is the Canadian law that will govern the formalities of the joint will. Pursuant to
Art. 17 of the New Civil Code, the forms and solemnities of wills shall be
governed by the laws of the country in where the will was made. Since the will
was executed in Canada, the joint will shall be governed by Canadian law.
5. It is the Japanese law that will apply. According to Art. 829 of the New Civil Code,
if the revocation is done outside the Philippines, the revocation is valid when it is
done in accordance to the law of the place I which the testator had domicile at
the time of the revocation. Since the will was revoked in Japan where the French
national is domiciled, it is the Japanese law that will apply in the instant case.
73/85
Exercise:
1. There is no exact definition in the Family Code, but under Articles 50 and 51, this is
one-half of the hereditary estate of the father and of the mother upon the dissolution of
their marriage, either under the decree of annulment or absolute nullity, to be given the
children in in its equivalent in cash, property or sound securities. The properties that
are referred to under the law are conjugal properties or the absolute community,
depending on which property regime is applicable.
2. Art. 51 states that the delivery of the presumptive legitime shall in no way prejudice
the ultimate successional rights of the children accruing upon the death of either of both
of the parents; but the value of the properties already received under the decree of
annulment or absolute nullity shall be considered as advances on their legitime.
3. Marianne and Danny were married for 15 years and have five children. They were
able to build a big house in an exclusive subdivision. Marianne filed for declaration of
nullity of marriage against Danny, which was granted by the court. Upon entry of the
judgment granting the petition, or, in case of appeal, upon receipt of the entry of
judgment of the appellate court granting the petition, the Family Court, on motion of
either party, shall proceed with the liquidation, partition and distribution of the properties
of the spouses, including custody, support of common children and delivery of their
presumptive legitimes pursuant to Articles 50 and 51 of the Family Code.
Page 16 of 26
So where a house and lot was acquired during the first marriage of
Marianne and Danny, the legitime of their 5 legitimate children is one-half of the
property. Their one-half share must be annotated in the title of the property with
the Register of Deeds and the other half shall be divided equally between the
Marianne and Danny who are securing an annulment of the marriage. This share
in the property however may only be realized when the property is sold and
Marianne and Danny may divide the proceeds. For the meantime, their five
children will remain in the family home.
1st Exercise:
A. With Collation
Value of property at time of death Php1,000,000.00
Debts - Php10,000.00
Estate Tax Due - Php50,000.00
Collationable Donation to Stranger X + Php 500,000.00

(Note: collate to know if it impaired the legitime)
Theoretical Net Hereditary Estate Php1,440,000.00
Legitime = Theoretical Net Hereditary Estate/2

Legitime = Php1,440,000.00/2
Legitime = Php720,000.00
Net Hereditary Estate Php1,440,000.00
Strict Legitime Php720,000.00
Free Portion Php720,000.00
*Legitime of children: Php720,000/# of children (3) = Php240,000.00

*Spouse gets same amount = Php240,000.00
Legitime of Compulsory Heirs A Php240,000.00
B Php240,000.00
C Php240,000.00
S Php240,000.00
Total Legitime Php960,000.00
Disposable Free Portion Php1,440,000.00 - Php960,000.00
Page 17 of 26
(what’s left when the actual legitime is
computed)
Php480,000.00
Summary:
Theoretical Net Php1,440,000.00
Hereditary Estate
Total Legitime to be - Php960,000.00

paid out because of
3 children & 1
surviving spouse
Disposable Free Php480,000.00

Portion which may
be given to Stranger
X
Actual amount Php500,000.00

given
Amount to be - Php20,000.00
reimbursed by X to
the estate because
of overpayment
B. Without Collation
Value of property at time of death Php1,000,000.00
Debts - Php10,000.00
Estate Tax Due - Php50,000.00
Theoretical Net Hereditary Estate Php940,000.00
Net Hereditary Estate Php940,000.00
Strict Legitime Php470,000.00
Free Portion Php470,000.00
*Legitime of children: Php470,000/# of children (3) = Php156,666.67

Page 18 of 26
*Spouse gets same amount = Php156,666,67
Legitime of Compulsory Heirs A Php156,666.67
B Php156,666.67
C Php156,666.67
S Php156,666.67
Total Legitime Php626,666.68
Disposable Free Portion Php940,000.00 - Php626,666.67
Php313.333.32
Summary:
Theoretical Net Php940,000.00
Hereditary Estate

paid out because of
3 children & 1
surviving spouse

Portion which may
be given
If Disposable FP to Php313,333.32/4
be distributed to the
compulsory heirs =Php78,333.33
Total given to each Php156,666.67 +

compulsory heir Php78,333.33
= Php235,000.00
With collation, each compulsory heir will receive Php240,000.00. Stranger

X who received a donation of Php500,000.00 has to reimburse Php20,000.00
because the donation to him impaired the legitime of D’s heirs.
Without collation, each compulsory heir will only get Php156,666.67.
Stranger X, who received Php500,000.00, will not be required to return any
amount of money. If the disposable free portion is further distributed equally
among the heirs, each heir (A, B, C, and S) will receive Php235,000.00. In both
situations without collation, the amount received by the heirs is reduced, as
compared to the amounts they have received with collation.
Page 19 of 26
2nd Exercise:
Legitime Devise
A Php300,000.00
B Php300,000.00
S Php300,000.00
D Php500,000.00
Summary:
Total Hereditary Php1,200,000.00
Estate

paid out because of
2 children & 1
surviving spouse

Portion which may
be given to Stranger
D
Actual value of Php500,000.00

condo (given to D)
reimbursed by D to 0
the estate because
of overpayment
D has to reimburse Php200,000.00 to the estate because the amount

given to him impaired the legitime of the legitimate heirs.
3rd Exercise:
Donation to Brother X + Php50,000.00
Page 20 of 26
Theoretical Net Hereditary Php140,000.00
Estate
Legitime Php70,000.00
FP Php70,000.00
Legitime of each child = Php70,000.00/2 = Php35,000.00

Legitime of spouse = Php35,000.00 (share is the same as to that of each child)
Summary:
Total Hereditary Php140,000.00
Estate

paid out because of
2 children & 1
surviving spouse
(Php35Kx3)

Portion left, which
may be given to
Brother X
Actual donation Php50,000.00

given to Brother X
reimbursed by
Brother X to the
estate because of
overpayment
Brother X has to reimburse Php15,000.00 to the estate because the amount
given to him impaired the legitime of the compulsory heirs.
4th Exercise:
Donation to B (non- Php30,000.00

collationable)
Page 21 of 26
Estate
FP Php60,000.00
Legitime of each child = Php60,000.00/2 = Php30,000.00

Legitime of spouse = Php30,000.00
Summary:
Estate

paid out because of
2 children & 1
surviving spouse

Portion

given to child B
Amount to be Php0.00
reimbursed
Since the actual donation given to B did not impair the legitimes, there is no
amount to be reimbursed/returned to the estate. B will receive Php60,000.00 while C
and D will receive Php30,000.00 which is exactly the amount of the legitime.
5th Exercise:
Donation to B (non- Php20,000.00

collationable)
Donation to C (collationable) Php20,000.00
Page 22 of 26
Estate
FP Php80,000.00
Legitime of each child = Php80,000.00/2 = Php40,000.00 to B and D (none to C

because he repudiated the inheritance)
Legitime of spouse = Php40,000.00
Summary:
Estate

paid out because of
2 children & 1
surviving spouse

Portion

given to child C
(collationable)
Summary:
Heir Donations Intestate Share Total
B 20,000.00 40,000.00 60,000.00
C 20,000.00 repudiated 20,000.00
D - 40,000.00 40,000.00
E - 40,000.00 40,000.00
Total 40,000.00 120,000.00 160,000.00
B will receive a total of Php60K. Since C repudiated his inheritance he will get
nothing, except for the earlier donation of Php20K given to him. D and E will get their
legitime of Php40K each.
Page 23 of 26
6th Exercise:
Heirs Legitime Wedding Gifts Entitled to 1/10th Collationable

actually given of DFP Wedding Gift
B Php50,000.00 Php40,000.00 Php15,000.00 Php25,000.00
C Php50,000.00 Php50,000.00 Php15,000.00 Php35,000.00
D Php50,000.00 Php60,000.00 Php15,000.00 Php45,000.00
Php150,000.00 Php150,000.00 Php45,000.00 Php105,000.00
Recalculate theoretical net hereditary estate:

Add: Collationable Portion of the Wedding +Php105,000.00

Gifts
Adjusted Theoretical Hereditary Estate Php255,000.00
To be distributed among the 3 heirs Php255,000.00/3

Php85,000.00
Heir Wedding Gift Gross Intestate Collationable Net Intestate

(Value) Share Wedding Gift Share
B Php40,000.00 Php85,000.00 Php25,000.00 Php60,000.00
C Php50,000.00 Php85,000.00 Php35,000.00 Php50,000.00
D Php60,000.00 Php85,000.00 Php45,000.00 Php40,000.00
Total Php150,000.00 Php255,000.00 Php105,000.00 Php150,000.00
B will receive Php60,000.00, C will receive Php50,000.00, and D will receive

Php40,000.00. These are proportionate amounts because they already received
wedding gifts from A, and only Php15,000.00 (1/10th of the Disposable Free Portion)
was non-collationable.
---
Individual Exercises: All about John
Page 24 of 26
1st Question: James, Andrew’s father, inherits all. According to Art. 985, in default of
legitimate children and descendants of the deceased, his parents and ascendants shall
inherit from him, to the exclusion of collateral relatives. His brother Robert, being a
collateral relative only, is excluded from inheriting.
2nd Question: Since Php105,000.00 is reservable, all of this will go to Robert because
he is in the line from which said property came, following Art. 891. The rest of the estate
in the amount of Php240,000.00 shall be distributed equally to James’ heirs: his second
wife Teresa, 3 legitimate children from the 2nd wife: Dorothy, Philip and Freddy, and
also to Robert, his son from the first marriage. Each of them will receive Php60,000.00.
3rd Question: Yes. Upon James’ death, the Php105,000.00 will be distributed to his
legitimate children. It will be distributed among Robert, Dorothy, Philip and Freddy.
Since the property was originally from Andrew, his brother Robert gets a share double
that of his half-brothers and sister, as per Art. 1006. Robert gets 2 shares while Dorothy,
Philip and Freddy get 1 share each. Php105,000.00 divided by five equals
Php21,000.00. Robert gets Php42,000.00 and Dorothy, Philip and Freddy get
Php21,000.00 each from the Php105,000.00
OBQ
1. No. Under Art. 17 NCC, the forms and solemnities of wills shall be governed by the
laws of the country in which they are executed. Atty. Krisko’s execution of a will in
Spain is governed by Spanish laws, and if the will is valid in Spain (which it was), it will
be extrinsically valid in the Philippines. Art. 815 states that a Filipino who is in a foreign
country is authorized to make a will in any of the forms established by the law of the
country in which he may be.
Atty. Krisko may choose to have Philippine law govern the execution of the will
as well. Under Philippine law, the lack of his signature in the attestation clause is not a
fatal defect. As stated by the Supreme Court in the case of Fernandez v. Vergel de Dios
(1924), the fact that in said clause the signature of the testator does not appear does
not affect its validity, for the law does not require that it be signed by the testator.
2. If the will is a notarial will, the tearing of the will may amount to revocation if coupled
with intent of revoking it. Without the intention to revoke, its revocation is not valid and
the will may still be given effect. If the will is a holographic will and there exists a
photocopy of the will, it may be admitted because then the authenticity of the
handwriting can be determined by the probate court. If none is presented, then it is as if
no will was executed.
3. British law applies. Under Art. 16, the intrinsic validity of testamentary provisions
shall be regulated by the national law of the person whose succession is under
consideration, whatever may be the nature of the property and regardless of the country
wherein said property may be found. The national law of the decedent being British
law, that law applies.
Page 25 of 26
4. According to Art. 17 par. 1, the forms and solemnities of a will shall be governed by
the laws of the country in which it was executed. In this case Canadian law will govern
because it was executed in Canada.
5. Japanese law applies. According to Art. 829, a revocation done outside the
Philippines, by a person who does not have his domicile in this 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; and if the revocation
takes place in this country, when it is in accordance with the provisions of this Code.
Based on the provision, a revocation made by a foreign national is valid if it were done
according to the law of the place where it was executed. Since the revocation was valid
in Japan, it will be considered valid here in the Philippines.
Answers by:
Bautista
Cizcar
Brawner
Page 26 of 26

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INDIVIDUAL QUIZ – WEEK NO.

- Article 50 requires the delivery of presumptive legitimate

- Article 51 provides how the presumptive legitimes should be valued

In ANNULLED MARRIAGES, the delivery of presumptive legitime is a MUST.

FULL-BLOOD AND HALF-BLOOD RELATIONSHIPS

Rule of Equality - Heirs of the same rank inherit in equal shares

CALCULATION OF THE LEGITIME

Formula for the calculation of the legitime (Article 908)

Value of property left at the time of death of testator

 Add the collationable donations to get the theoretical hereditary estate.

 Compute the legitime on the basis of the theoretical hereditary estate.

Source: Sebastian/Jittery Bar taker

1. A presumptive legitime is an advance on the legitime given to the children upon

Theoretical Hereditary 1,200,000.0

Net Hereditary Estate 90,000.00

Net Hereditary Estate 90,000.00

Net Hereditary Estate 120,000.00

Net Hereditary Estate 150,000.00

Legitime Free Potion

Sandra James Teressa

Andrew Robert Dorothy Philip Freddy

Net Hereditary Estate 345,000.00

1. Presumptive legitime is to be understood as the legitime of the children of

Heir Donation Intestate Share Total

Strict Legitime (Php 80,000) Free Portion (Php 80,000)

Php 150,000 (Net Hereditary Estate)

Value of property at time of death Php1,000,000.00

Estate Tax Due - Php50,000.00

Collationable Donation to Stranger X + Php 500,000.00

Theoretical Net Hereditary Estate Php1,440,000.00

Legitime = Theoretical Net Hereditary Estate/2

Net Hereditary Estate Php1,440,000.00

Strict Legitime Php720,000.00

Free Portion Php720,000.00

*Legitime of children: Php720,000/# of children (3) = Php240,000.00

Total Legitime Php960,000.00

Disposable Free Portion Php1,440,000.00 - Php960,000.00

Total Legitime to be - Php960,000.00

Disposable Free Php480,000.00

Actual amount Php500,000.00

Value of property at time of death Php1,000,000.00

Estate Tax Due - Php50,000.00

Theoretical Net Hereditary Estate Php940,000.00

Net Hereditary Estate Php940,000.00

Strict Legitime Php470,000.00

Free Portion Php470,000.00

*Legitime of children: Php470,000/# of children (3) = Php156,666.67

Total Legitime Php626,666.68

Disposable Free Portion Php940,000.00 - Php626,666.67

Total Legitime to be - Php626,666.67

Disposable Free Php313,333.32

Total given to each Php156,666.67 +

With collation, each compulsory heir will receive Php240,000.00. Stranger

Total Legitime to be - Php900,000.00

Disposable Free Php300,000.00

Actual value of Php500,000.00

D has to reimburse Php200,000.00 to the estate because the amount