WILLS & SUCCESSION

MIDTERMS
QUESTIONS & ANSWERS
 QUESTION 1
Conchita and Eduardo Cruz had 2 daughters namely Rachel and
Monica. When Eduardo died, Monica followed preceding Conchita and
leaving her children. Thereafter, Conchita died leaving several properties.
Jack, son of Monica, filed a petition to settle the intestate estate of
Conchita alleging that Conchita’s heirs include Monica’s children and Rachel.
Thereafter, Rachel filed a motion to dismiss the petition for intestate
proceedings stating that she already filed for the probate of Conchita’s
will. Rachel asked that the will be allowed probate and that it be approved
that she be named as the executrix in the will, she prayed that the letters
testamentary be issued in her favor.
 Jack filed an opposition to Rachel’s petition for probate alleging
that the will’s attestation clause did not state the number of pages.
Rachel countered that there was substantial compliance with Article
805 of the Civil Code. Although the attestation clause did not state the
number of pages, five (5), it was clearly indicated in the
acknowledgement portion. Moreover, Jack’s allegation were not
supported by proof. Can the will of Conchita be probated even though
the will does not conform to the formalities required by law under
Article 805?. Answer with legal reasoning. (10 points)
 ANSWER 1
YES. The rule on substantial compliance in Article 809
presupposes that the defects in the attestation clause can be cured or
supplied by the text of the will or a consideration of matters apparent
therefrom which would provide the data not expressed in the
attestation clause or from which it may necessarily be gleaned or
clearly inferred that the acts not stated in the omitted textual
requirements were actually complied with in the execution of the will.
In other words, the defects must be remedied by the will itself.
 In the present case, the attestation clause indisputably omitted
to mention the number of pages comprising the will. Nevertheless, the
acknowledgement portion of the will supplied the omission by stating
that the will has five (5) pages. Undoubtedly, such substantially
complied with Article 809 of the Civil Code. Mere reading and
observation of the will, without resorting to other extrinsic evidence,
yields the conclusion that there are actually five (5) pages even if the
said information was not provided in the attestation clause.
 QUESTION 2
Dean, a lawyer and a bisexual executed a holographic will in the
Philippines and named his boyfriend Gabby as sole heir to his estate,
this despite the fact that years before he became a lawyer, he sired an
illegitimate child, Angel, by a woman, while intoxicated. Later, he
migrated to New York, U.S.A., and became a naturalized citizen later
on. In New York, a holographic will is not recognized, nor does it
recognize compulsory heirs.
A)May the holographic will be probated in the
Philippines? Why? (5 points)
 ANSWER 2 (A)
YES, the holographic will may be probated in the
Philippines. The holographic will was executed in the
Philippines while Dean was still a Filipino citizen. In probate
of wills, only the due execution in accordance with the
formalities required at the time of the execution of the will is
the sole issue.
 QUESTION 2
Dean, a lawyer and a bisexual executed a holographic will in the
Philippines name his boyfriend Gabby as sole heir to his estate, this
despite the fact that years before he became a lawyer, he sired an
illegitimate child, Angel, by a woman, while intoxicated. Later, he
migrated to New York, U.S.A., and became a naturalized citizen later on.
In New York, a holographic will is not recognized, nor does it recognize
compulsory heirs.
B) May Angel insist that she be given her legitime as an
illegitimate child? Why? (5 points)
 ANSWER 2 (B)
B) NO, Angel cannot insist on her legitime. Dean died as an American citizen
and therefore the national law of the testator determines the law on succession.
Under New York law, compulsory heirs are not recognized and therefor Angel
cannot insist on her legitime. She will not inherit as a compulsory heir. The national
law of the decedent in testate and intestate succession shall govern with regards to
four issues, namely:
1) Order of succession
2) Amount of successional rights
3) Intrinsic validity of the provisions of the will
4) Capacity to succeed
Relevant case: Bellis vs. Bellis
 QUESTION 3
Clara, thinking of her mortality, drafted a will and asked Charlene,
Lyn, Tina and Benedict to be witnesses. During the day of the signing of
the will, Clara fell down the stairs and broke both her arms and wrists.
Coming from the hospital, where it was determined that she will be
put in a cast for six (6) months, Clara, insisted on signing her will by
her thumbmark. Four (4) days after the execution of the will, Clara
was run over by a drunk driver in BGC. May the will of Clara be
admitted to probate? Answer with legal reasoning. (5 points)
 ANSWER 3
YES. The will of Clara can be admitted to probate. Clara’s
thumbmark in this case has all the hallmarks of a valid
signature. Clara clearly intended to use her thumbmark as
her signature and the circumstances justified her use of her
thumbmark rather than her customary signature. (Garcia vs.
Lacuesta, G.R. No. L-4067, 29 November 1951)
 QUESTION 4
Maritess died while her action for quieting of title of parcels of
land was pending. Alison and Anton, children of Maritess, then filed a
motion before the court where the quieting of title was pending that
they will substitute their mother in the claim. Marisol, the defendant
in the case opposed such motion reasoning that Alison and Anton are
not real-parties-interest. Does the death of Maritess result in the
extinguishment of the action or may her heirs substitute her in the
case? Answer with legal reasoning. (5 points)
 ANSWER 4
Alison and Anton may substitute Maritess because the action is not
extinguished by her death. Since the rights to the succession are transmitted from
the moment of death of the decedent, the heirs become the absolute owners of
her property, subject to the rights and obligations of the decedent, and they cannot
be deprived of their rights thereto except by the methods provided for by law. The
right of the heirs to the property of the deceased vests in them upon such death
even before the judicial declaration of their being heirs in the testate or intestate
proceedings. (Article 777)
When Maritess died, her claim or right to the parcels of land in litigation
was not extinguished by her death but was transmitted to her heirs upon her
death. Her heirs have acquired interest in the properties in
litigation and became parties in interest in the case.
 QUESTION 5
Barry and Chloe were both former Filipino citizens. They were married in
the Philippines, but they later migrated to Canada where they were naturalized as
citizens thereof. In their union they were able to accumulate several real
properties both in Canada and in the Philippines. Unfortunately, they were not
blessed with children. In Canada, they executed a joint will instituting as their
common heirs to divide their combined estate in equal shares, the five (5) siblings
of Barry and the three (3) siblings of Chloe. Barry passed away in 2016 and a year
later, Chloe also died. The siblings of Barry who were all Canadian citizens instituted
probate proceedings in Canadian court impleading the siblings of Chloe who were
all in the Philippines. Answer with legal reasoning. (10 points)
A)Was the joint will executed by Barry and Chloe valid?
 ANSWER 5 (A)
YES. The joint will of Barry and Chloe is considered valid. Being
no longer Filipino citizens at the time they executed their joint will the
prohibition under the New Civil Code of the Philippines will no longer
apply to Barry and Chloe. For as long as their will was executed in
accordance with the law of the place where they reside, or the law of
the country of which they are citizens or even in accordance with the
New Civil Code of the Philippines, a will executed by an alien in
considered valid in the Philippines. (Article 816)
 QUESTION 5
Barry and Chloe were both former Filipino citizens. They were married in
the Philippines, but they later migrated to Canada where they were naturalized as
citizens thereof. In their union they were able to accumulate several real properties
both in Canada and in the Philippines. Unfortunately, they were not blessed with
children. In Canada, they executed a joint will instituting as their common heirs to
divide their combined estate in equal shares, the five (5) siblings of Barry and the
three (3) siblings of Chloe. Barry passed away in 2016 and a year later, Chloe also
died. The siblings of Barry who were all Canadian citizens instituted probate
proceedings in Canadian court impleading the siblings of Chloe who were all in the
Philippines. Answer with legal reasoning. (10 points)
B) Can the joint will produce legal effect in the
Philippines with respect to the properties of Barry and
Chloe found here in the country? If so, how?
 ANSWER 5 (B)
YES, the joint will of Barry and Chloe can take effect even with
respect to the properties located in the Philippines because what
governs the distribution of their estate is no longer Philippine law but
their national law (Canadian law) at the time of their demise. Hence,
the joint will produce legal effect even with respect to the properties
situated in the Philippines.
 QUESTION 6
Nelson was born blind. He went to school for the blind and
learned to read in Braille language. He speaks English fluently. Can he?
a) Make a will?
b) Act as a witness to a will?
c) In either of the instances, must the will be read to him?
(10 points)
 ANSWER 6
a) YES. Nelson may make a notarial will. A blind man is not expressly prohibited
from executing a will. In fact, Article 808 provides for an additional formality
when the testator is blind. Nelson, however, may not make a holographic will in
Braille because the writing in Braille is not handwriting. A holographic will to
be valid must be entirely written, signed, and dated by the testator in his own
handwriting.
b) NO. A blind man is expressly disqualified by law to be a witness to a notarial
will.
c) In case Nelson executes a notarial will, it has to be read to him twice. First, by
one of the instrumental witnesses and second by the notary public before whom
the will was acknowledged. (Article 808)
 QUESTION 7
Harry died leaving a last will and testament wherein he explicitly stated
that he was legally married to Ginny by whom he had two (2) legitimate children,
Al and Rose. Harry stated in his will that the free portion of his estate shall be given
to Katrina who was living with him at the time of his death.
In said will, Harry explained that he had been estranged from his wife,
Ginny, for more than twenty (20) years and he has been living with Katrina as
man and wife since his separation from his legitimate family.
In the probate proceedings, Katrina asked for the issuance of letters
testamentary in accordance with the will where she was named as sole executrix.
The probate court sided with Ginny and her children with
the opposition they filed. Was the court correct with its
decision? Answer with legal reasoning. (5 points)
 ANSWER 7
As a general rule, the will should be admitted to probate
proceedings if all the necessary requirements for its extrinsic validity
have been met, and the court should not consider the intrinsic validity
of the provisions of said will. However, the exception arises when the
will in effect contains on only one testamentary disposition under the
will is giving of the free portion to Katrina, to whom Harry was having
an illicit affair with. Hence, the probate court was correct in
considering the intrinsic validity of the provisions of the said will.
(Nuguid vs Nuguid)
 QUESTION 8
Before his death, Seokjin borrowed from Suga Php100,000.00 as
evidenced by a promissory note. Seokjin died without paying the
debt. Seokjin left no property, but he is survived by his son, Jungkook,
who is making good in the food catering business. Subsequently, Suga
brought an action against Jungkook for the collection of
Php100,000.00 plus legal interest thereon on the ground that, since
Jungkook is the only heir of Seokjin, he inherited from the latter not
only the latter’s property, but also all his rights and obligations as
dictated under the New Civil Code. Will the action prosper? Answer
with legal reasoning. (5 points)
 ANSWER 8
NO. The action will not prosper. As discussed in the case of Estate
of Hemady vs. Luzon Surety Co. (G.R. No. L-8437, Nov. 28, 1956), the
heirs are not personally liable with their own individual properties for
the monetary obligations/debts left by the decedent. As a rule, the
party’s contractual rights and obligations are transmissible to the
successors except when the nature of the obligation, stipulation of
the parties, or by operation of law prevents transmissibility.
 QUESTION 9
Teddy executes in favor of Amy a document denominated as “Deed
of Donation Inter Vivos” involving a parcel of land. The deed of donation
contains a provision that it becomes effective only upon the death of the
donor, and that in the event the donee should die before the donor, the
donation shall be deemed automatically rescinded and of no further force
and effect.
Shortly after Teddy’s death, his heirs promptly filed an action seeking
to annul the donation. They contend that the donation is mortis causa and
not inter vivos and therefore void for failure to comply with the formalities of
wills. Is the donation inter vivos or mortis causa?
Answer with legal reasoning. (10 points)
 ANSWER 9
The donation is mortis causa. In a donation mortis causa, the
right of disposition is not transferred to the done while the donor is still
alive. In determining whether a donation is one of mortis causa, the
following characteristics must be taken into account: a) it conveys no
title or ownership to the transferee before the death of the transferor,
or what amounts to the same thing; b) the transferor should retain full
or naked ownership and control of the property while alive; c) before
his death, the transfer should be revocable by the transferor at will; and
d) the transferor should be void if the transferor should survive the
transferee.
 In the present case, the nature of the donation as mortis causa
is confirmed by the fact that the donation does not contain any clear
provision that intends to pass proprietary rights to Amy prior to Teddy’s
death. The phrase “to become effective upon the death of the donor”
admits of no other interpretation but that Teddy did not transfer the
ownership of the property to Amy during his lifetime. Considering that
the disputed donation is a donation mortis causa, the same partakes of
the nature of testamentary provisions and as such, must be executed in
accordance with the requisites on solemnities of wills and testaments
under the Civil Code.
 QUESTION 10
On his deathbed, Larry was executing a will. In the room were his
chosen witnesses, Marissa, Carmella, Vicente and Atty. De Guzman, a
notary public. Suddenly, there was a street brawl which caught
Vicente’s attention, prompting him to look out the window. Vicente
did not see Larry sign the will. Can the will still be considered valid?
Answer with legal reasoning. (5 points)
 ANSWER 10
YES. The will is valid. The law does not require a witness to
actually see the testator sign the will. It is sufficient if the witness
could have seen the act of signing had he chosen to do so by casting
his eyes in the proper direction. Applying the “test of position”,
although Vicente did not actually see Larry sign the will, Vicente was
in the proper position to see Larry sign if Vicente so wished. (Jabonete
vs. Gustillo)
 QUESTION 11
Johnny, with no known living relatives, executed a notarial will giving all
his estate to his girlfriend, Janice. One day, he had a serious altercation with Janice
prompting the end of their relationship. A few days later, Johnny was introduced to
Olivia who later on became his fiancée. Soon after, Johnny executed a holographic
will making Olivia his sole heir and expressly revoked the notarial will he earlier
executed.
One day when he was clearing his desk, Johnny mistakenly burned, along
with other papers, the only copy of his holographic will. His business associate and
assigned best man, Eddie, knew well the contents of the will which was shown to
him by Johnny the day it was executed. A few days after the burning incident,
Johnny died. Both wills were sought to be probated in two
separation petitions. Will either or both petitions
prosper? Answer with legal reasoning. (10 points)
 ANSWER 11
The probate of the notarial will shall prosper. The holographic
will cannot be admitted to probate because the holographic will can
only be probated upon evidence of the will itself unless there is a
photogenic copy. But since the holographic will was lost and there was
no other copy, it cannot be probated and therefore the notarial will
shall be admitted to probate because there is no revoking will.
 ANSWER 11
In the case of Gan vs. Yap, the execution and the contents of a lost or
destroyed holographic will may not be proved by the bare testimony of witnesses
who have seen or read such will. The will itself must be presented otherwise it
shall produce no effect. The law regards the document itself as material proof of
authenticity. Moreover, in order that a will may be revoked by a subsequent will, it
is necessary that the latter will be valid and executed with the formalities required
for the making of a will. The latter should possess all the requisites of a valid will
whether it be ordinary or holographic, and should be probated in order that the
revocatory clause thereof may produce effect. In the case at bar, since the
holographic will itself cannot be probated; it cannot revoke the notarial will
previously written by the decedent.
 QUESTION 12
Joey Del Mundo executed a will completely valid as to form. A
week later, however, he executed another will which expressly
revoked his first will, upon which he tore his first will to pieces. Upon
the death of Joey, his second will was presented for probate by his
heirs, but it was denied due to formal defects. Assuming that a copy of
the first will is available, may it now be admitted to probate and given
effect? Answer with legal reasoning. (5 points)
 ANSWER 12
YES. The first will may be admitted to probate and given effect.
When the testator tore the first will, he was under the mistaken belief
that the second will was perfectly valid and he would not have
destroyed the first will had he known that the second will is not valid.
The revocation by destruction therefore is dependent on the validity
of the second will. Since it turned out that the second will is invalid,
the tearing of the first will did not produce the effect of revocation.
This is known as the doctrine of dependent relative revocation. (Molo
vs. Molo)
 QUESTION 13
Ben executes a document in his handwriting denominated as
“Kasulatan sa Pag-aalis ng Mana.” The document reads:
“Ako, si Ben may asawa, naninirahan sa 123 Bagbag St.,
Bagumbong, Caloocan City, at nagtataglay ng maliwanag na
pag-iisip at disposisyon, ay tahasan at hayagang inaalisan ko
ng lahat at anumang mana ang panganay kong anak na si Rey
dahil siya ay nagging lapastangan sa akin at ilang beses siyang
nagsalita ng masama sa harapan ko at kapatid
nya na si Ann na labis kong ikinasama ng loob.”
 Rey opposes the will on grounds that it does not contain any
disposition of estate and therefore does not meet the definition of a
will under Article 783 of the Civil Code. Rey claims that the will only
shows an alleged act of disinheritance by Ben and nothing else. Is the
document a valid will? Answer with legal reasoning. (5 points)
 ANSWER 13
YES. The will is actually a valid holographic will, as provided under Article
810 of the Civil Code, must be entirely written, dated, and signed by the hand of
the testator. It is subject to no other form, and may be made in or out of the
Philippines and need not be witnessed. An intent to dispose mortis causa can be
clearly deduced from the terms of the instrument, and while it does not make an
affirmative disposition of the testator’s property, the disinheritance results in the
disposition of the property of the testator in favor of those who would succeed in
the absence of Rey.
Accordingly, the document even if captioned as Kasulatan sa Pag-aalis ng
Mana, was intended by Ben to be his last testamentary act and was executed by
him in accordance with law in the form of a holographic will.
 QUESTION 14
Abe has a severe heart attack and is taken to the hospital. He is
not expected to live, and he knows it. Because he is a bachelor without
close relatives nearby, Abe gives his car keys to Rey, telling Rey that he
is expected to die and that the car is Rey’s. Abe survives the heart
attack, but two (2) months later he dies from pneumonia. The
administrator of Abe’s estate wants Rey to return the car. Rey refuses,
claiming the car was given to him by Abe as a gift. Is Rey required to
return the car to Abe’s estate? Answer with legal reasoning. (5 points)
 ANSWER 14
Rey is required to return the car to Abe’s estate. The donation is
mortis causa, not inter vivos. It is a mortis causa donation because
Abe intended it to take effect upon his death because of his heart
attack. That Abe died from a cause unrelated to the heart attack does
not detract from the fact that Abe’s death is operative cause that
would have conveyed ownership of the car to Rey. Since the donation
was not expressed in accordance with the formalities of will, the
donation is void and Rey never acquired ownership of the car.