2014 SHARI’A BAR EXAMINATION

SUCCESSION, WILLS/ADJUDICATIONN AND SETTLEMENT OF ESTATE

A) Define Succession under the Muslim Code?

Answer:

Under P.D. 1083, succession is defined as a mode of acquisition by virtue of which the
estate of a person is transmitted to his heirs or others in accordance with PD 1083.

B) What are the elements of Succession? Discuss each briefly.

Answer:

The elements of Succession are:

a. The death of the decedent is ascertained;

b. The successor is alive at the time of the death of the decedent; and
c. The successor is not disqualified to inherit.

C) What are the disqualifications to succession under the Muslim Code (Article 93, PD
1083)

Answer:

The following are disqualified to succeed under the Muslim Code:

a. Those who have intentionally caused directly or indirectly the death of the
decedent;
b. Those who committed any other act which constitutes a ground
disqualification to inherit under Islamic law; and
c. Those who are so situated that they cannot inherit under Islamic law.

II

A) State the provisions on Simultaneous Death under the Muslim Code (Article 93, PD
1083)
 Answer:

Under P.D. 1083, if, as between two or more persons who are called to succeed
each other, there is doubt as to which of them died first, whoever alleges the death of
one prior to the other shall prove the same. In the absence of such proof, it is presumed
that they died at the same time and there shall be no transmission of rights from one to
the other. However, the successional rights of their respective heirs shall not be
affected.
B) Abo and Samad are Father and Son, respectively. They check-in in a Five Star Hotel
Roxas Boulevard, Manila. The said hotel was razed by a fire, and all of the persons in
the hotel were killed including Abo and Son.

Abo was survived by his following heirs: his only wife during his lifetime, three
(3) son, two (2) daughters and a germane brother.
While Samad was survived by his wife, two (2) daughters. Abo has a net estate
worth P960,000.00 and Samad has a net estate of P14,400,000.00.
Distribute the shares of the heirs of the two (2) deceased who can inherit in
terms of pesos.

Answer:

Abo’s wife shall inherit P120,000, his three (3) sons shall each inherit P210,000,
the two (2) daughters shall inherit P105,000.00 each, the germane brother will not
inherit.

Samad’s wife shall inherit P___ while the two (2) daughters shall inherit P____.

III

A) What are the Order of Preference of Claims against the estate of the decedent
provided under the Muslim Code (Article 135, PD 1083)

Answer:

The estate of a decedent shall be applied to claims and charges in the following
order:

(a) unpaid taxes;

(b) reasonable funeral expenses;

 (c) the expenses for probate, administration and other judicial expenses;

(d) the debts of the decedent;

(e) the legacies to the extent of the disposable one-third;

(f) the distribution of shares among heirs; and

(g) unpaid dower.

B) Reconcile them with the Order of Preference of Claims against the estate of the
decedent under the well-recognized and established Islamic Jurisprudence.

C) What is the Liability of the heirs of the decedent as far as the latter’s debt is involved
relative to his estate?

Answer:

Under PD 1083, the liability of the heirs of a decedent for the payment of the
latter’s debts shall not exceed the hereditary estate. Each heir shall be liable only for the
payment of the decedent’s debt in proportion to his share.

IV

A) What are the three (3) kinds of Residuaries contemplated under the Muslim Code
(Article 124, PD 1083)? Explain each briefly.

Under PD 1083, an heir may succeed as residuary in his own right (asaba-bin-nafs), in
another’s right (asaba-bil-ghair), or together with another (asaba-ma’al-ghair).

Asaba-bin-nafs. This class involves the agnatic male relations of the deceased. No female
is included in this line of relationship.

Asaba-bil-ghair. Those females who become residuaries, only when they coexist along
with certain males fall under this category. This means that the females become
residuaries when there exist males on the same degree, or of a lower degree who would
receive such share. 
 Asaba-ma’al-ghair. There are only two residuaries together with another:

1. Full sisters, with the daughters or son’s daughters

2. Consanguine sisters, with the daughters or son’s daughters

B) What is the Doctrine of Exclusion known as AL JABARI RULE?

Answer:

Under the Al Jabari Rule, only adult males who were connected to the deceased through
the unbroken male line were entitled to inherit.

C) A Muslim died leaving as his only heirs: two (2) full-blood sisters, three (3)
consanguine sisters, a daughter and a son’s daughter.
Compute and distribute the shares of the heirs who can inherit in terms of
pesos if the net estate of the deceased is worth P480,000.00

Answer:

The two full blood sisters shall inherit P _____ each, the three consanguine
sisters shall inherit P ____ each, the daughter shall inherit P ____ and the son’s
daughter shall inherit P ____.

A) What are the Order of Succession of heirs of the decedent under the Muslim Code
(Article 99, PD 1083)? Explain each briefly.

Answer:

Under PD 1083, the heirs of a decedent shall inherit in the following order:

(a) Sharers (ashab-ul-furud) shall be entitled to fixed shares;

(b) Residuaries (ashab-ul-mirath) shall be entitled to the residue;

(c) In the absence of the foregoing, the distant kindred (dhaw-ul-arham) who are blood
relatives but are neither sharers nor residuaries; and
 (d) In default of the above, the acknowledged kinsman, universal legatee, or the public
treasury (bait-ul-mal), in that order.

B) Who are the Distant Kindreds (Dhaw-ul-Arham) under the Muslim Code (Article 131,
PD 1083)?

Answer:

Distant kindred includes the following:

(a) The daughter's children and the children of the son's daughter and their
descendants;

(b) The excluded grandfather and the excluded grandmother;

(c) The sister's children, the brother's daughters, the sons of the uterine brother, and
their descendants; and

(d) The paternal aunts, the uterine uncles and the maternal aunts and uncles.

C) In what extent they inherit the hereditary estate in the absence of the Shares and
Residuaries?

Answer:

In default of all sharers and residuaries, the distant kindred shall inherit the entire
hereditary estate, the same to be distributed among them in accordance with Articles
123 and 128.

Under Article 123, the exclusion of heirs from the inheritance shall be governed by the
following rules:

(a) In the same line, the relative nearest in degree excludes the more remote.

(b) Full-blood relatives exclude the consanguine and the uterine.

 (c) Whoever is related to the decedent through any person shall not inherit while the
latter is living, except in the case of a mother concurring with her children.

(d) Heirs who, in a particular case, do not succeed by reason of disqualification on any
ground shall not exclude others.

Under Article 128, preference among residuaries shall be governed by the following
rules:

(a) The residuary nearer in degree shall be preferred to the more remote of the same
class.

(b) The residuary with full-blood relationship shall be preferred to those of the half-
blood of the same degree of relationship in the same class.

(c) The residuaries of the same class, degree and blood relationship shall share equally,
subject to the rule of the male having a share double that of the female in proper cases.

VI
A) What is the concept of EL HAMEL/Conceived child?

Answer:

Under PD 1083, a conceived child shall be considered born for all purposes that are
favorable to it, provided it be born alive, however, briefly, at the time it is completely
delivered from the mother's womb.

B) What are the three (3) categories the EL HAMEL inherits from the estate of the
decedent.

Answer:

C) A Muslim died survived by his pregnant wife, two (2) sons, Two (2) daughter, six (6)
full blood sisters, and two (2) uterine brothers.
 Compute and distribute the shares of the deceased entitled to inherit if the latter net
estate is worth P96,000,000.00? How much shares be reserved to the conceived child?

Answer:

Pregnant wife:
Two sons:
Two daughters:
Six full-blood sisters:
Two uterine brothers:

VII

A) Who are the BLESSED BROTHERS and UNLUCKY/JINX BROTHERS emphasized under
the Law of Succession and Inheritance?

Answer:

B) A Muslim died survived by his paternal grandmother, two (2) daughters, a son’s
daughter and son’s son? What kind of brother is the son’s son?
Distribute the shares of the heirs entitled to inherit if the net estate of the decedent is
P162,000.00

Answer:

Paternal grandmother:
Two daughters:
Son’s daughter:
Son’s son:

C) A Muslim died leaving as her heirs: her husband, mother, full blood sister,
consanguine sister and a consanguine brother. What kind of brother is the
consanguine brother?

Answer:

A consanguine brothers is a brother from the same or common ancestor/ascendant.

 VIII

A) State the provision of BEQUEST BY OPERATION OF LAW under the Muslim Code
(Article 107, PD 1083)?

Answer:

Under Article 107 of PD 1083, should the testator die without having made a bequest in
favor of any child of his son who predeceased him, or who simultaneously dies with him,
such child shall be entitled to one-third of the share that would have pertained to the
father if he were alive. The parent or spouse, who is otherwise disqualified to inherit in
view of Article 93 (c), shall be entitled to one-third of what he or she would have
received without such qualification.

B) What is the difference between a disqualified heirs and excluded heir? How can they
affect the shares of the heirs of the decedent?

Answer:

A disqualified heir is one who do not succeed by reason of disqualification on any

ground enumerated under Muslim Code. On the other hand, an excluded heir is one
who is omitted by the decedent in the last will.

C) A Muslim died survived by his non-Muslim father who was never reverted to Islam, his
mother, a daughter and a germane brother, and three (3) consanguine brothers.
Compute and distribute the shares of the heirs entitled to inherit in the light of the
provisions of the Muslim Code (Article 107, PD 1083)? The deceased has a net estate
of P162,000.00

Answer:

Non-Muslim father:
Mother
Daughter
Germane brother:
Three consanguine brothers:

IX
A) What is Doctrine of RADD (Reversion) under the Muslim Code (Article 130, PD 1083)?

Answer:

The Doctrine of Radd is the right of the sharers to revert back the residue property to
the Sharers in absence of the residuary heirs. Under PD 1083, if, after distributing the
portions of the sharers, a residue is left in the inheritance and there is no surviving
residuary heir, the same shall revert in its entirety to the lone sharer or to all the sharers
in proportion to their respective shares. However, the husband or the wife shall not be
entitled to any part of the reverted portion as long as there are other sharers or distant
kindred.

B) A Muslim died survived by his wife, paternal grandmother, and two (2) uterine sisters.
Distribute the shares of the decedent’s heirs who can inherit if he has a net estate of
P960,000.00

Answer:

Wife:
Paternal grandmother
Two uterine sisters:

C) A Muslim died survived by her husband, and three (3) daughters.

Give the shares of heirs of the decedent who can inherit if deceased has a net estate
of P114,000.00

Answer:

Husband:

Three daughters:

A) What is the concept of VESTED INHERITANCE under the Law of Succession and
Inheritance? When does it occur?
 Answer:

B) A Muslim died leaving the following heirs: five (5) daughters, named: Farida, Sapia,
Noria,Pacma, and Maysalem. Before the distributions of the estate of the decedent,
Sapia died.
Distribute the shares of the heirs of the decedent who can inherit in terms of pesos, if
the deceased left a net estate of P5,000,000.00.

Answer:

Farida:
Noria:
Pacma:
Maysalem:

C) A Muslim died leaving a net estate of P12,000,000.00 to his surviving heirs: father,
daughter, and germane brother. The father died before the distribution of the estate
leaving the above deceased as his heirs.
Distribute the shares of the heirs of the deceased in terms of pesos.

Answer:

Father:
Daughter:
Germane brother: