Wills; Testamentary Disposition (2006)

Don died after executing a Last Will and Testament leavinghis estate valued at P12 Million to his common-law wifeRoshelle. He is survived by his brother Ronie and hishalf-sister Michelle.

(1) Was Don's testamentary disposition of his estate inaccordance with the law on succession? Whether you agree ornot, explain your answer. Explain.SUGGESTED ANSWER: Yes, Don's testamentary dispositionof his estate is in accordance with the law on succession. Donhas no compulsory heirs not having ascendants, descendantsnor a spouse [Art. 887, New Civil Code]. Brothers and sistersare not compulsory heirs. Thus, he can bequeath his entireestate to anyone who is not otherwise incapacitated to inheritfrom him. A common-law wife is not incapacitated under thelaw, as Don is not married to anyone.

Wills; Codicil; Institution of Heirs; Substitution of Heirs(2002)By virtue of a Codicil appended to his will, Theodore devisedto Divino a tract of sugar land, with the obligation on the partof Divino or his heirs to deliver to Betina a specified volumeof sugar per harvest during Betinas lifetime. It is also statedin the Codicil that in the event the obligation is not fulfilled,Betina should immediately seize the property from Divino orlatters heirs and turn it over to Theodores compulsory heirs.Divino failed to fulfill the obligation under the Codicil. Betinabrings suit against Divino for the reversion of the tract ofland. a) Distinguish between modal institution andsubstationof heirs. (3%) b) Distinguish between simple andfideicommissarysubstitution of heirs. (2%) c) Does Betina have a cause ofaction against Divino?Explain (5%)SUGGESTED ANSWER:CIVIL LAW Answers to the BAR as Arranged by Topics (Year 1990-2006)A. A MODAL INSTITUTION is the institution ofan heir made for a certain purpose or cause (Arts. 871 and882, NCC). SUBSTITUTION is the appointment of anotherheir so that he may enter into the inheritance in default of theheir originality instituted. (Art. 857, NCC).B. In a SIMPLE SUBSTITUTION of heirs, the testatordesignates one or more persons to substitute the heirsinstituted in case such heir or heirs should die before him, orshould not wish or should be incapacitated to accept theinheritance. In a FIDEICOMMISSARY SUBSTITUTION,the testator institutes a first heir and charges him to preserveand transmit the whole or part of the inheritance to a secondheir. In a simple substitution, only one heir inherits. In afideicommissary substitution, both the first and second heirsinherit. (Art. 859 and 869, NCC)C. Betina has a cause of action against Divino. This is a caseof a testamentary disposition subject to a mode and the willitself provides for the consequence if the mode is notcomplied with. To enforce the mode, the will itself givesBetina the right to compel the return of the property to theheirs of Theodore. (Rabadilla v. Conscoluella, 334 SCRA 522[2000] GR 113725, 29 June 2000).Wills; Formalities (1990)(1) If a will is executed by a testator who is a Filipino citizen,what law will govern if the will is executed in the Philippines?What law will govern if the will is executed in anothercountry? Explain your answers.(2) If a will is executed by a foreigner, for instance, aJapanese, residing in the Philippines, what law will govern ifthe will is executed in the Philippines? And what law willgovern if the will is executed in Japan, or some other country,for instance, the U.S.A.? Explain your answers.SUGGESTED ANSWER:(1) a. If the testator who is a Filipino citizen executes his willin the Philippines, Philippine law will govern the formalities.b. If said Filipino testator executes his will in another country,the law of the country where he maybe or Philippine law willgovern the formalities. (Article 815, Civil Code}SUGGESTED ANSWER:(2) a. If the testator is a foreigner residing in the Philippinesand he executes his will in the Philippines, the law of thecountry of which he is a citizen or Philippine law will governthe formalities.b. If the testator is a foreigner and executes his will in aforeign country, the law of his place of residence or the law ofthe country of which he is a citizen or the law of the place ofexecution, or Philippine law will govern the formalities(Articles 17. 816. 817. Civil Code).

POSSIBLE ADDITIONAL ANSWERS:a. In the case of a Filipino citizen, Philippine law shallgovern substantive validity whether he executes his will in thePhilippines or in a foreign country.b. In the case of a foreigner, his national law shall governsubstantive validity whether he executes his will in thePhilippines or in a foreign country.

Wills; Holographic Wills; Insertions & Cancellations (1996)Vanessa died on April 14, 1980, leaving behind a holographicwill which is entirely written, dated and signed in her ownhandwriting. However, it contains insertions and cancellationswhich are not authenticated by her signature. For this reason,the probate of Vanessa's will was opposed by her relativeswho stood to inherit by her intestacy. May Vanessa'sholographic will be probated? Explain.SUGGESTED ANSWER:Yes, the will as originally written may be probated. Theinsertions and alterations were void since they were notauthenticated by the full signature of Vanessa, under Art. 814,NCC. The original will, however, remains valid because aholographic will is not invalidated by the unauthenticatedinsertions or alterations (Ajero v. CA, 236 SCRA 468].ALTERNATIVE ANSWER:It depends. As a rule, a holographic will is not adverselyaffected by Insertions or cancellations which were notauthenticated by the full signature of the testator (Ajero v. CA,236 SCRA 468). However, when the insertion or cancellationamounts to revocation of the will, Art.814 of the NCC doesnot apply but Art. 830. NCC. Art. 830 of the NCC does notrequire the testator to authenticate his cancellation for theeffectivity of a revocation effected through such cancellation(Kalaw v. Relova, 132 SCRA 237). In the Kalaw case, theoriginal holographic will designated only one heir as the onlysubstantial provision which was altered by substituting theoriginal heir with another heir. Hence, if the unauthenticatedcancellation amounted to a revocation of the will, the will maynot be probated because it had already been revoked.Wills; Holographic Wills; Witnesses (1994)On his deathbed, Vicente was executing a will. In the roomwere Carissa, Carmela, Comelio and Atty. Cimpo, a notarypublic. Suddenly, there was a street brawl which caughtComelio's attention, prompting him to look out the window.Cornelio did not see Vicente sign a will. Is the will valid?SUGGESTED ANSWERS:a) Yes, The will is valid. The law does not require a witness toactually see the testator sign the will. It is sufficient if thewitness could have seen the act of signing had he chosen todo so by casting his eyes to the proper direction.b) Yes, the will is valid. Applying the "test of position",although Comelio did not actually see Vicente sign the will,Cornelio was in the proper position to see Vicente sign ifCornelio so wished.Wills; Joint Wills (2000)Manuel, a Filipino, and his American wife Eleanor, executeda Joint Will in Boston, Massachusetts when they were residingin said city. The law of Massachusetts allows the execution ofjoint wills. Shortly thereafter, Eleanor died. Can the said Willbe probated in the Philippines for the settlement of herestate? (3%)CIVIL LAW Answers to the BAR as Arranged by Topics (Year 1990-2006)SUGGESTED ANSWER:Yes, the will may be probated in the Philippines insofar asthe estate of Eleanor is concerned. While the Civil Codeprohibits the execution of Joint wills here and abroad, suchprohibition applies only to Filipinos. Hence, the joint willwhich is valid where executed is valid in the Philippines butonly with respect to Eleanor. Under Article 819, it is voidwith respect to Manuel whose joint will remains void in thePhilippines despite being valid where executed.ALTERNATIVE ANSWER:The will cannot be probated in the Philippines, even thoughvalid where executed, because it is prohibited under Article818 of the Civil Code and declared void under Article 819,The prohibition should apply even to the American wifebecause the Joint will is offensive to public policy. Moreover,it is a single juridical act which cannot be valid as to onetestator and void as to the other.Wills; Probate; Intrinsic Validity (1990)H died leaving a last will and testament wherein it is statedthat he was legally married to W by whom he had twolegitimate children A and B. H devised to his said forcedheirs the entire estate except the free portion which he gaveto X who was living with him at the time of his death.In said will he explained that he had been estranged from hiswife W for more than 20 years and he has been living with Xas man and wife since his separation from his legitimatefamily.In the probate proceedings, X asked for the issuance ofletters testamentary in accordance with the will wherein she isnamed sole executor. This was opposed by W and herchildren.(a) Should the will be admitted in said probate proceedings?(b) Is the said devise to X valid?(c) Was it proper for the trial court to consider the intrinsicvalidity of the provisions of said will? Explain your answers,SUGGESTED ANSWER:(a) Yes, the will may be probated if executed according to theformalities prescribed by law.(b) The institution giving X the free portion is not valid,because the prohibitions under Art. 739 of the Civil Code ondonations also apply to testamentary dispositions (Article1028, Civil Code), Among donations which are consideredvoid are those made between persons who were guilty ofadultery or concubinage at the time of the donation.(c) As a general rule, the will should be admitted in probateproceedings if all the necessary requirements for its extrinsicvalidity have been met and the court should not consider theintrinsic validity of the provisions of said will. However, theexception arises when the will in effect contains only onetestamentary disposition. In effect, the only testamentarydisposition under the will is the giving of the free portion to X,since legitimes are provided by law. Hence, the trial court mayconsider the intrinsic validity of the provisions of said will.(Nuguid v. Nuguid, etal.. No. L23445, June 23, 1966, 17 SCRA;Nepomuceno v. CA, L-62952,9 October 1985. 139 SCRA 206).Wills; Probate; Notarial and Holographic Wills (1997)Johnny, with no known living relatives, executed a notarialwill giving all his estate to his sweetheart. One day, he had aserious altercation with his sweetheart. A few days later, hewas introduced to a charming lady who later became a dearfriend. Soon after, he executed a holographic will expresslyrevoking the notarial will and so designating his new friend assole heir. One day when he was clearing up his desk, Johnnymistakenly burned, along with other papers, the only copy ofhis holographic will. His business associate, Eduardo knewwell the contents of the will which was shown to him byJohnny the day it was executed. A few days after the burningincident, Johnny died. Both wills were sought to be probatedin two separate petitions. Will either or both petitionsprosper?SUGGESTED ANSWER:The probate of the notarial will will prosper. The holographicwill cannot be admitted to probate because a holographic willcan only be probated upon evidence of the will itself unlessthere is a photographic copy. But since the holographic willwas lost and there was no other copy, it cannot be probatedand therefore the notarial will will be admitted to probatebecause there is no revoking will.ADDITIONAL ANSWERS:1. In the case of Gan vs. Yap (104 Phil 509), the executionand the contents of a lost or destroyed holographic willmay not be proved by the bare testimony of witnesseswho have seen or read such will. The will itself must bepresented otherwise it shall produce no effect. The lawregards the document itself as material proof ofauthenticity. Moreover, in order that a will may berevoked by a subsequent will, it is necessary that thelatter will be valid and executed with the formalitiesrequired for the making of a will. The latter shouldpossess all the requisites of a valid will whether it beordinary or a holographic will, and should be probated inorder that the revocatory clause thereof may produceeffect. In the case at bar, since the holographic will itselfcannot be presented, it cannot therefore be probated.Since it cannot be probated, it cannot revoke the notarialwill previously written by the decedent.2. On the basis of the Rules of Court, Rule 76, Sec. 6,provides that no will shall be proved as a lost ordestroyed will unless its provisions are clearly anddistinctly proved by at least two (2) credible witnesses.Hence, if we abide strictly by the two-witness rule toprove a lost or destroyed will, the holographic will whichJohnny allegedly mistakenly burned, cannot be probated,since there is only one witness, Eduardo, who can becalled to testify as to the existence of the will. If theholographic will, which purportedly, revoked the earliernotarial will cannot be proved because of the absence ofthe required witness, then the petition for the probate ofthe notarial will should prosper.Wills; Revocation of Wills; Dependent Relative Revocation(2003)Mr. Reyes executed a will completely valid as to form. A weeklater, however, he executed another will which expresslyrevoked his first will, which he tore his first will to pieces.Upon the death of Mr. Reyes, his second will was presentedfor probate by his heirs, but it was denied probateCIVIL LAW Answers to the BAR as Arranged by Topics (Year 1990-2006)due to formal defects. Assuming that a copy of the first will excluded by a legitimate son of the decedent [Art. 887, Newis available, may it now be admitted to probate and giveneffect? Why?SUGGESTED ANSWER:Yes, the first will may be admitted to probate and giveneffect. When the testator tore first will, he was under themistaken belief that the second will was perfectly valid and hewould not have destroyed the first will had he known that thesecond will is not valid. The revocation by destructiontherefore is dependent on the validity of the second will.Since it turned out that the second will was invalid, the tearingof the first will did not produce the effect of revocation. Thisis known as the doctrine of dependent relative revocation(Molo v. Molo, 90 Phil 37.)ALTERNATIVE ANSWERS:No, the first will cannot be admitted to probate. While it is truethat the first will was successfully revoked by the second willbecause the second will was later denied probate, the first willwas, nevertheless, revoked when the testator destroyed it afterexecuting the second invalid will.(Diaz v. De Leon, 43 Phil 413 [1922]).Wills; Testamentary Disposition (2006)Don died after executing a Last Will and Testament leavinghis estate valued at P12 Million to his common-law wifeRoshelle. He is survived by his brother Ronie and hishalf-sister Michelle.(1) Was Don's testamentary disposition of his estate inaccordance with the law on succession? Whether you agree ornot, explain your answer. Explain.SUGGESTED ANSWER: Yes, Don's testamentary dispositionof his estate is in accordance with the law on succession. Donhas no compulsory heirs not having ascendants, descendantsnor a spouse [Art. 887, New Civil Code]. Brothers and sistersare not compulsory heirs. Thus, he can bequeath his entireestate to anyone who is not otherwise incapacitated to inheritfrom him. A common-law wife is not incapacitated under thelaw, as Don is not married to anyone.(2) If Don failed to execute a will during his lifetime, as hislawyer, how will you distribute his estate? Explain. (2.5%)SUGGESTED ANSWER: After paying the legal obligations ofthe estate, I will give Ronie, as full-blood brother of Don, 2/3of the net estate, twice the share of Michelle, the half-sisterwho shall receive 1/3. Roshelle will not receive anything asshe is not a legal heir [Art. 1006 New Civil Code].(3) Assuming he died intestate survived by his brother Ronie,his half-sister Michelle, and his legitimate son Jayson, how willyou distribute his estate? Explain. (2.5%)SUGGESTED ANSWER: Jayson will be entitled to the entireP12 Million as the brother and sister will be excluded by alegitimate son of the decedent. This follows the principle ofproximity, where "the nearer excludes the farther."(4) Assuming further he died intestate, survived by his fatherJuan, his brother Ronie, his half-sister Michelle, and hislegitimate son Jayson, how will you distribute his estate?Explain. (2.5%)SUGGESTED ANSWER: Jayson will still be entitled to theentire P12 Million as the father, brother and sister will beCivil Code]. This follows the principle that the descendantsexclude the ascendants from inheritance.Wills; Testamentary Intent (1996)Alfonso, a bachelor without any descendant or ascendant,wrote a last will and testament in which he devised." all theproperties of which I may be possessed at the time of mydeath" to his favorite brother Manuel. At the time he wrotethe will, he owned only one parcel of land. But by the time hedied, he owned twenty parcels of land. His other brothers andsisters insist that his will should pass only the parcel of landhe owned at the time it was written, and did not cover hisproperties acquired, which should be by intestate succession.Manuel claims otherwise. Who is correct? Explain.SUGGESTED ANSWER:Manuel is correct because under Art. 793, NCC, propertyacquired after the making of a will shall only pass thereby, asif the testator had possessed it at the time of making the will,should it expressly appear by the will that such was hisintention. Since Alfonso's intention to devise all properties heowned at the time of his death expressly appears on the will,then all the 20 parcels of land are included in the devise.DONATIONDonation vs. Sale (2003)a) May a person sell something that does not belong tohim? Explain. b) May a person donate something that doesnot belongto him? Explain. 5%SUGGESTED ANSWER:(a) Yes, a person may sell something which does not belongto him. For the sale to be valid, the law does not require theseller to be the owner of the property at the time of the sale.(Article 1434, NCC). If the seller cannot transfer ownershipover the thing sold at the time of delivery because he was notthe owner thereof, he shall be liable for breach of contact.(b) As a general rule, a person cannot donate something whichhe cannot dispose of at the time of the donation (Article 751,New Civil Code).Donations; Condition; Capacity to Sue (1996)Sometime in 1955, Tomas donated a parcel of land to hisstepdaughter Irene, subject to the condition that she may notsell, transfer or cede the same for twenty years. Shortlythereafter, he died. In 1965, because she needed money formedical expenses, Irene sold the land to Conrado. Thefollowing year, Irene died, leaving as her sole heir a son bythe name of Armando. When Armando learned that the landwhich he expected to inherit had been sold by Irene toConrado, he filed an action against the latter for annulmentof the sale, on the grou