Lunar, Heather

1. GENERAL BAGONGLAYA and SGT. BAGONGLAYA are the legitimate children of CAPTAIN
BAGONGLAYA and ADMIRAL BAGONGLAYA. CAPTAIN BAGONGLAYA died in 2010. In 2012,
GENERAL BAGONGLAYA donated to his brother, SGT. BAGONGLAYA, a commercial lot located in
Pangasinan worth Php2 Million. In 2015, GENERAL BAGONGLAYA was killed in an ambush. In 2018,
SGT. BAGONGLAYA died intestate while on a mission in Mindanao. The commercial lot, presently
valued at Php50 Million, passed to his mother, ADMIRAL BAGONGLAYA, who was the only
intestate heir. In 2020, ADMIRAL BAGONGLAYA also died instestate due to Covid infection. The
commercial lot is now claimed by PRIVATE BAGONGLAYA, a sister of ADMIRAL BAGONGLAYA, and
by SPO1 BAGONGLAYA, sole creditor of SPO4 BAGONGLAYA, an insolvent brother of CAPTAIN
BAGONGLAYA. Who is entitled to the commercial lot?

• SPO4 Bagonglaya is entitled to it. Admiral Bagonglaya merely acted as a reservista

for her deceased son but the property must pass to a relative within the third
degree and the line from which the property came from.

2. JUDGE MANANANGGAL died testate in 2020 due to “Tokhang” survived by his legitimate
mother, PROSECUTOR MANANANGGAL, his widow, JUSTICE MANANANGGAL, illegitimate
children, LABOR ARBITER MANANANGGAL and LAW STUDENT MANANANGGAL. He instituted all
of them as heirs but disposed the entire disposable portion of his estate to his bestfriend ACCUSED
MANANANGGAL. His net estate is Php72,000,000. How shall his estate be divided?

• The mother takes P36M half of the Php 72M

• The illegitimate children gets ¼ of the estate which is P18M or P9 million each.
• The widow is entitled to 1/8 of the estate and will get P9 million
• The remaining disposable portion is P18M. The accused heir will not inherit if he is
found to be guilty of the crime charged.

3. I will give John a pension of Php 20,000 during the entire time that he is single. Is the
condition valid?

• The condition is valid. The prohibition is only a relative one and it is not so onerous or
burdensome as to amount to an absolute prohibition. It is resolutory in character, once
the event has arisen, the obligation to provide for a pension is extinguished. Here, the
provisions against the absolute prohibition to marry do not apply.

4. Clarence (aged 40) and his brother Ethan (38) died as a result of a road accident two
months ago. The car, which Ethan was driving, appears to have left the carriageway, crashed into
a stone wall and caught fire. A passing police patrol later found the burnt wreckage. Both Clarence
and Ethan were dead. No other vehicle appears to have been involved and no witnesses have
come forward.
Lunar, Heather

Clarence had no children and is survived by this wife Ann, who seeks your advice. Clarence
is also survived by a step-daughter Jane (aged 22), who is Ann’s daughter from a previous
relationship.
Ethan is survived by his wife Joy and their daughters –Margaret (aged 18) and their recently
adopted daughter, Belinda (aged 2). Ethan had made a will appointing Joy as his executor and sole
beneficiary.
Clarence and Ethan are also survived by their half-sister, Susan (aged 45), the daughter of
their father from the first marriage. Susan has no children. The parents of Clarence and Ethan died
some years ago.
Ann is ill and has been confined to bed as a result of the shock of Clarence’s death. She
says that she is unable to cope with administering Clarence’s estate herself. Her sole concern is
that she is able to remain living in the house that her husband had bought (in his sole name) prior
to their marriage and ride the car that was given by the father of Clarence as wedding gift. The
house is valued at P5M and it is mortgage free. The car is valued at P2M.
Clarence has personal possession valued at P2M and investments in his sole name with a
total value of P500K. The value of the estate of Ethan is P3M. In their will, they instituted all their
compulsory heirs to inherit in equal parts.

a) Who are entitled to inherit from Clarence and Ethan?

b) Distribute the estate of Clarence and Ethan

Clarence

• Ann, his widower can inherit half of his estate.

• The remaining half goes to his sister Susan. The heirs of Clarence gets P3.5M each
• The stepdaughter cannot inherit because there is no indication that she was
Legally adopted by Clarence.

Ethan

• The portion of the will appointing Joy as sole heir shall subject to the distribution of the
legitime of his legitimate children. Joy, his widow, is entitled to an inheritance equivalent
to the share of one legitimate child taken from the free portion of Ethan’s estate. She gets
P1.5M from the estate.
• An adopted child, is deemed a legitimate child. His daughters, Margaret and Belinda are
entitled to ½ of his estate. A total of P1.5 M or P750,000 each.
• Susan, his half-sister is no longer entitled to inherit because unlike Clarence, Ethan has
descendants which prevents siblings from inheriting from their brothers or sisters.
Lunar, Heather